HomeMy WebLinkAboutAgenda Packet 1992/03/17
Tuesday, March 17, 1992
6:00 p.m.
lit declare under penalty of perjury that , am
employed by the City of Chula Vista in the
Ollice of the City Clerl{ on::J t'lat I p0sted
tills Agenda/Notice on the Bulletin [bud at
the PUbl~ ervices Buildirl1 ~nd at City Halt on Council Chambers
DATED, /3 ;.2. SIGNED ~/~_ "Public Services Building
RellUlar Meetin~ of the City of Chula Vista City Council
CALLED TO ORDER
1.
CAll. 1HE ROlJ.:
Councilmembers Grasser Horton -' Malcolm -' Moore -' Rindone _,
and Mayor Nader _'
2. PLEDGE OF ALLEGIANCE TO 1HE FLAG. SILENT PRAYER
3.
APPROVAL OF MIN1ITES:
January 28, February 18, February 25, and February 27, 1992
(Ciry Council); and, February 4, February 25 and March 3, 1992
(Joint Meeting of the City Council/Redevelopment Agency)
4. SPECIAL ORDERS OF 1HE DAY: None.
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the foUowing items 1isted under the Consent CoJouJar will be enacted by the
Council by one motion without discussion unless a CoundImember, a member of the public or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposiIion to the staff
recommendation.) Items pulled from the Consent CoJouJar will be discussed after Action Items and Board and
Commission Recommendations. Items pulled by the public will be the first items of business.
5. WRITfEN COMMUNICATIONS:
a. Letter requesting support for a Grand JUl}' investigation into the issue of excessive force
utilized by the law enforcement community - Wayne Holden, President, Cardiff-by-the-Sea
Town Council, P.O. Box 114, Cardiff-by-the-Sea, CA 92007. Staff recommends that Mr.
Holden's letter be acknowledged and filed.
b. Letter requesting clarification concerning the implementation of the City's mobile home rent
control ordinance - Frederick Dufresne, Otay Lakes Mobile Home Association; James R.
Quin, President, Golden State Mol>ilehome Owners League. Staff recommends that Mr.
Dufresne's letter be filed.
c. Letter requesting waiver of Public Facilities Impact Fee, Grading Plan Check Fee, Grading
Permit Fee, Plan Check Fee, Building Permit Fee; and deferral of the Transportation Impact
Fee - Pastor Rick Johnson, Risen Savior Ev. Lutheran Church, 391 Bay Leaf Drive, Chula
Vista, CA 91910.
Agenda
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March 17, 1992
d. Letter requesting financial assistance for New Ren.aissance~ a vocal ensemble, from Chula
VISta High School participating in the National Events Waikiki Festival in Honolulu, Hawaii,
April 23-26, 1992 - David Trevino, Director of New Renaissance, Chula Vista High School.
In the past, the City Council has disapproved most individual requests for funding similar
to this one and it is therefore recommended that Mr. Trevino's request for funding be
denied, but that the City Council encourage the news media to assist in whatever way they
can to publicize Mr. Trevino's search for fmancial sponsorship.
e. Letter in opposition to installation of traffic median between Second Avenue and the 100
block of Minot Avenue - Daniel Henderson, 150 "E" Stteet, No. A-5, Chula Vista, CA 91910.
6. ORDINANCE 2497 AMENDING SECI10N 2.05.010 OF 1HE CHlJLA VISTA MUNICIPAL CODE
TO ESTABUSH 1HE CLASSIFICATIONS OF POUCE CAPTAIN AND
ASSISTANT DIRECTOR OF BUILDING AND HOUSING IN 1HE
UNCLASSIFIED SERVICE OF THE CITY OF CJ-IULA VISTA (second readinS[
and adovtion) - On 2/25/92, Council approved the movement of Police
Captain classification from the Mid-Management group to the Executive
group, subject to ordinance adoption. Additionally, Council approved
placing the position of Assistant Director of Building and Housing in the
Unclassified Service; however, the Municipal Code was inadvertently not
amended at that time. Approval of the ordinance will place both positions
in the Unclassified Executive Service. Staff recommends Council place
ordinance on second reading and approval. (Director of Personnel)
4/5th's vote required.
7. ORDINANCE 2495 CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO C-C-P FOR THE
SOUTHERN THREE ACRES OF THE PALOMAR TROllEY CENTER
PROJECT, AND MAKING FINDINGS TO PERMIT APPUCATION OF 1HE "P"
MODIFIER; AND CHANGING THE ZONE CLASSIFICATION FOR ZONING
CONSISTENCY SUBAREA B-3-A FROM APARTMENT RESIDENTIAL (R-3)
TO APARTMENT RESIDENTIAL WITH A P-MODlFlER, NOT MORE THAN
TWENlY-1WO UNlTS PER ACRE (R-3-P-22) (second readinS[ and
adovtion) - The City. initiated General Plan Amendment, Montgomery
Specific Plan Amendment, and rezone for three acres located on the
southerly side of Palomar Street are required actions for implementation
of an expanded 18.2 acre Palomar Trolley Center commercial project
pursuant to Council/Redevelopment Agency direction in August 1990.
Staff recommends Council place ordinance on second reading and
adoption. (Director of Planning)
8. RESOLUTION 16535 INCREASING 1HE MAYOR AND COUNClLMEMBERS' SALARIES - Charter
Section 304(c) allows for cost of living increases in an amount equal to the
increase in the Consumer Price Index (CPl). Staff recommends approval
of the resolution. (City Attorney)
9. RESOLUTION 16539 APPROVING AGREEMENT BE1WEEN THE CITY OF CHlJLA VISTA AND
LETTIERI-MCINTYRE AND ASSOCIATES, PROJECT MANAGER AND 1HE
BAlDWIN VISTAASSOClATES FOR PROFESSIONAL SERVICES TO ASSIST
THE OTAY RANCH TEAM GENERAL MANAGER, AND AUTHORIZING THE
MAYOR TO EXEClITE 1HE AGREEMENT . The Otay Ranch Project is
entering the final processing phases and additional assistance is needed in
specific areas. The request that will allocate one additional Lettieri-
Mclntyre & Associates staff person to assist in coordination of such projects
as the General Development Plan text, Service/Revenue Plan and the Public
Agenda
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March 17, 1992
Participation Program. Staff recommends approval of the resolution.
(Deputy City Manager Kremp!)
10. RESOLUTION 16540 DESIGNATING CI1Y OFFI<JALS FOR THE PURPOSE OF REQUESTING
SHORTENED ENVIRONMENTAL DOCUMENT REVIEW FROM THE OFFICE
OF PLANNING AND RESEARCH - State law mandates a 45-day review
period for Environmental Impact Reviews (EIR) and 30 days for Negative
Declarations. It also provides for a 30/21 day review upon a request for
a shortened review period; under limited circumstances, this could help
fast-track projects. Staff recommends approval of the resolution. (Director
of Planning)
11. RESOLUTION 16541 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
WITH WILLDAN AND ASSOCIATES FOR THE PREPARATION OF APUBUC
FACIUTIES FINANCE PLAN UPDATE FOR THE EASTI.AKE I SPA
PLANIKAISER HOSPITAL PROJECT - The agreement for professional
consultant services with Willdan and Associates is for an update to the
EastLake I Public Facilities Finance Plan in conjunction with the proposed
Kaiser Hospital project as required by the City's Growth Management
Ordinance. Staff recommends approval of the resolution. (Director of
Planning)
12. RESOLUTION 16542 AMENDING THE FISCAL YEAR 199111992 BUDGET TO APPROPRIATE
FUNDS AND MAKE POsmON ADJUSTMENTS RELATING TO THE
NORMAN PARK CENTER - On 12/18/90, the City awarded a $2.3 million
contract for the renovation of Norman Park Center. Construction began in
January 1991 and the staff moved to the new center on 2/17/92. In June,
1991, when the Norman Park Center budget was being prepared for Fiscal
Year (FY) 1992, the anticipated completion date for this project was not
definite. Therefore, the Norman Park Center budget was approved for
twelve months of this budget year for the 5,000 square foot building leased
during construction of the new Center. The report describes staffing
issues, a new organizational arrangement, and the budget necessary to
operate for March through June in FY 1992 in the new building. Staff
recommends approval of the resolution. (Director of Parks & Recreation
and Director of Public Works) 4/5th's vote required.
13. RESOLUTION 16536 APPROVING AN AGREEMENT WITH ERNST AND YOUNG FOR
TECHNICAL GEOGRAPHIC INFORMATION SYSTEM (GIS) CONSULTING
SERVICES TO DESIGN AND IMPLEMENT THE CITY-WIDE GIS CAPITAL
IMPROVEMENT PROJECT - The GIS system is a multi-year Capital
Improvement Project (CIP) which is currently budgeted for Fiscal Year
91192. As part of the first phase, technical GIS consulting services are
necessary to assist in: (1) developing requirements definition for the GIS
and database design, (2) developing specifications for the GIS system, and
(3) developing specifications for the land base information and the digital
base maps of the Ciry. The agreement is in the amount of $40,260. Staff
recommends approval of the resolution. (Director of Public Works)
Agenda
14.
REPORT
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March 17, 1992
CHULA VISTA TRANSIT (CVf) SERVICE CHANGES FOR FISCAL YEAR
1992/1993 - The report presents recommended CVT service changes for
Fiscal Year 92/93. Staff recommends acceptance of the report. (Director
of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publU: hearin~ as required by low. If you wish to speok
to any item, please fill out the 'Request to Speak Form' availoh/e 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 recommendntion.) Comments are limited to five minutes per individual
15.
PUBUC HEARING
TO CONSIDER COASTAL DEVELOPMENT PERMIT NUMBER FIFTY-SIX
FOR CONSTRUCTION OF A TWELVE-INCH WATERMAlN WITHIN THE
EXISTING BAY BOULEVARD STREET RIGIIT-QF-WAY BETWEEN MOSS
AND"L' STREETS - In April 1991, the Council and Redevelopment Agency
approved the construction of Rohr's office building at 850 Lagoon Drive.
During the approval process, it was determined that Rohr would be
required to install certain public improvements. One of those
improvements was the installation of a twelve-inch watermain in Bay
Boulevard between Moss and ilL" Streets to ensure adequate fire service to
the proposed building. Specific plans for the watermain have been
reviewed and approved by Sweetwater Authority. The City has completed
environmental review of the project and issued Negative Declaration IS-92-
24. Staff recommends Council hold the public hearing and approve the
resolution. (Director of Community Development)
RESOLUTION 16543 ADOPTING NEGATIVE DECLARATION 15-92-24 AND ISSUING COASTAL
DEVELOPMENT PERMIT NUMBER FIFTY-SIX FOR THE CONSTRUCTION
OF A TWELVE-INCH WATERMAlN WITHIN THE EXISTING BAY
BOULEVARD RIGIIT-OF-WAY BETWEEN MOSS AND "L' STREETS
16.
PUBUC HEARING
TO CONSIDER THE DEFERRAL OF UNDERGROUNDING ELECTRICAL
UNES ALONG NORTI-I FIFTI-I AVENUE - R.E. Hazard Contracting Company
has requested that the City grant a deferral of the undergrounding
requirements imposed as part of the development of its property along
North Fifth Avenue. Section 15.32.130 of the Municipal Code states that
all deferrals of undergrounding must be considered by Council at a public
hearing and that the owner must enter into an agreement with the City.
Staff recommends Council hold the public hearing and approve the
resolution. (Director of Public Works)
RESOLUTION 16544 APPROVING THE DEFERRAL OF THE REQUIREMENT TO UNDERGROUND
12KV ELECTRICAL UNES ALONG FIFTI-I AVENUE (HAZARD), AND
AUTI-IORIZING THE CITY MANAGER TO EXECUTE THE REQUIRED
AGREEMENT ON BEHALF OF THE CITY
Agenda
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March 17, 1992
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the CiJy CouncU on any subjlXt matter within the CouncU's
jurisdictWn that is not an item on this ageruiLL (State 1JJw, however, generally prohibits the city Council from
taking action on any issues not inclwkd on the posted ageruiLL) If you wish to address the councU on sudI a
subjec~ please complete the yeUow "Request to Speok Under Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and faI1JJw up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this stXtion of the agenda are expected to elicit substantial discussions and deliberations by the
Councu, staff, or members of the general public. The items wUl be considered individually by the Council and staff
recommendations may in certain cases be presented in the altemative. Those who wish to speak, please fill out
a "Request to Speak:' form avaUable in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
17.A. REPORT PARKING CONCERNS FOR TIfE 400 BLOCK OF "L" STREET AND TIfE
YOll1H CENTER PARKING LOT - On 4/17/90, Council approved
Resolution 15591 prohibiting parking on both sides of "L" Street between
Fourth Avenue and Fifth Avenue to allow for the addition of a two-way left
turn lane. Subsequent to the 4/17/90 meeting, staff received a request
from the homeowners to rescind Resolution 15591 and retain on-street
parking. In response to the homeowners appeal, a public hearing was
conducted by the Council on 11112/91 at which time staff was directed to
look at redesigning the Youth Center parking lot and consider access from
Fifth Avenue or limiting access from "L" Street. Staff recommends Council
accept the report and approve the resolution. (Director of Public Works)
B. RESOLITI10N 16537 ESTABUSHING ANO PARKING ZONE ON"L" STREET BETWEEN FOURTH
AVENUE AND F1F1lf AVENUE IN TIfE VICINITY OF TIfE YOll1H CENTER
PARKING LOT DRIVEWAY AND TIfE CASA VIANNEY CONDOMINIUMS
AND RESCINDING RESOLITI10N 15591 WHICH PROHIBITED ON-STREET
PARKING FOR TIfE ENTIRE 400 BLOCK OF "L" STREET
18. RESOLITI10N 16538 LOWERING TIfE SPEED UMIT FOR TIfE 100 BLOCK OF "E" STREET
FROM 35 MPH TO 30 MPH; AND All1HORlZING TIfE INSTALLATION OF
APAINfED TRAFFIC MEDIAN BETWEEN SECOND AVENUE AND TIfE 100
BLOCK OF MINOT AVENUE - The recent resurfacing of "E" Street between
First Avenue and Third Avenue provides the opportunity to change the
roadway striping between First Avenue and Second Avenue to enhance
traffic safety in the area. Staff recommends approval of the resolution.
(Director of Public Works)
19. RESOLITI10N 16504 APPROVlNGANAGREEMENTWITHEASTLAKEDEVELOPMENTCOMPANY
REGARDING TIfE INTERIM FIRE STATION IN EASTLAKE - The agreement
provides for an interim Fire Station No.6 to be constructed and equipped
by EastLake Development Company on Lane Avenue in the EastLake
Business Center. The agreement preserves and clarifies the intent of the
Agenda
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March 17, 1992
existing EastLake I SPA Agreement, Part III: Public Facilities Financing
Plan and will enhance the level of fire protection services in eastern Chula
Vista. Target date for opening interim Fire Station No.6 is 5/10/92. Staff
recommends approval of the resolution. (Fire Chief) Continued from
meeting of 2/18/92.
20. RESOLUTION 16545 APPROVING AN AGREEMENT WIlli TIlE SWEElWATER UNION HIGH
SCHOOL DISTRICf AND TIlE CHULA VISTA BOYS AND GIRLS CLUB FOR
TIlE OPERATION AND MAINTENANCE OF TIlE COMMUNllY YOUTH
CENTER, AND AUTHORIZING TIlE MAYOR TO EXEClITE SAID
AGREEMENT - At the 9/17/91 meeting, Council directed staff to negotiate
and bring back an operating agreement for the Community Youth Center.
Specifically, it was Council's intent to allow the Boys and Girls Club to
utilize the facility a majority of time when it is not in use by the School
District. The agreement would specify appropriate safeguards for facility
operation and maintenance as well as establishing a review period. Staff
recommends approval of the resolution. (Director of Parks & Recreation)
21. REPORT REGARDING POTENTIAL CHANGES TO TIlE ARTICLES OF
INCORPORATION AND BY-LAWS OF TIlE BAYFRONT CONSERVANCY
TRUST - The Chairman of the Board of Directors of the Bayfront
Conservancy Trust (BCT) and the Board of Directors have requested that
the Articles of Incorporation and By-Laws of the BCT be amended to allow
all members, with the exception of the San Diego Unified Port District (at
the Port's request), to be voting members, the addition of an additional
Citizen-at-Large member and an appointee of the Volunteers of the Nature
Interpretive Center. This change would increase the number of voting
members from nine to thirteen and still eliminate the possibility of a split
vote. Staff recommends acceptance of the report. (Executive Director,
Nature Interpretive Center)
22. REPORT DISPOSITION OF SPACE AT TIlE SENIOR INFORMATION AND REFERRAL
CENTER AT MEMORIAL PARK - On 10/22191, Council directed staff to
provide a report on the potential use of the Senior Information and Referral
Center building located on Third Avenue in Memorial Park. Meetings have
been conducted between affected City Departments and the Downtown
Business Association (DBA) to formulate a use arrangement which is
acceptable to all parties. Staff recommends acceptance of the report.
(Director of Parks & Recreation, Libraty Director, and Director of
Community Development)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Couru;iI wiII consider items whii:h have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
Agenda
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March 17, 1992
ITEMS PULLED FROM TI-IE CONSENT CALENDAR
This is the time the City Council will discuss items whiJ:h have been removed from the Consent Calendar. AgendiJ
items pulled at the request of the public will be considered prior to those pulled by Cound/members. Public
comments are /imited to five minutes per individual
OTIiER BUSINESS
23. CIIT MANAGER'S REPORTCS)
a. Scheduling of meetings.
24. MAYOR'S REPORTCS)
25. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Personnel matter pursuant to Government Code Section 54957.6.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March 24,
1992 at 6:00 p.m. in the City Council Chambers.
March 13, 1992
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manage~
City Council Meeting of March 17, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 17, 1992. Comments regarding the Written
Communications are as follows:
Sa. This is a letter from Wayne Holden, President of the Cardiff-by-the-Sea
Town Council, requesting support for a Grand Jury investigation into the
issue of excessive force utilized by the law enforcement community, as
well as support for the adoption of State legislation providing uniform
procedures to be used regarding arrests and use of force. Both the City
Manager and the Chief of Police believe that police-involved shootings
need to be thoroughly examined, but we do not support Mr. Holden's
proposals. We believe the Chula Vista Police Department has a well-
deserved excellent reputation for avoiding the use of excessive force, as
most recently evidenced by the February 28-29 hostage situation at the
Readicare Center. IT IS RECOMMENDED THAT MR. HOLDEN'S LETTER BE
ACKNOWLEDGED AND FILED.
5b. This is a letter from the Otay Lakes Mobile Home Association and the
Golden State Mobilehome Owners League requesting clarification concerning
the implementation of the City's mobile home rent control ordinance.
Community Development staff and the Assistant City Attorney have spoken
with Mr. Dufresne numerous times since August 2, 1991 when he and fourteen
other affected mobile home owners reached agreement in mediation, rather
than arbitration, with the park owner regarding rents and other issues for
those tenants who had been given notice of potential rent increases in the
event they sold their mobile homes and moved out of the park. None of the
other affected tenants have complained about resolution of the dispute and
are in a position to enforce the agreement by having the purchaser of
their coach enter into an agreement for rent with the park owner at the
amount agreed to in the mediation, without the necessity of reopening the
arbitration. Nevertheless, staff and the Assistant City Attorney are
continuing to work with the park owner and his attorney to reduce the
mediator's decision to a form memorializing it accurately to the
satisfaction of all concerned. The agreement has been partially executed,
in that one of the tenants sold her coach and the park owner entered into
an agreement with the purchaser at the agreed upon amount.
Mr. Dufresne now believes that the affected tenants made a bad deal and he
wants to unil atera lly reopen the process. Contrary to Mr. Dufresne's
assertion, the city attorney's office cannot prevent the arbitration from
going forward if it should go forward. Conversely, the city attorney's
office would sue the park owner to require arbitration in accordance with
the ordinance, if agreement had not been reached short of arbitration.
However, such a suit appears guaranteed to fail in the courts, in light of
the dispute being resolved in mediation to the satisfaction to all but one
of the participants.
Mr. Dufresne asserts that the owners of the park are not complying with
the ordinance requirement to notify old or new residents of their right to
arbitrate rent increases. Mr. Dufresne has not complained to or requested
an investigation of such allegations by the Community Development
Department. The Community Development Department knows that the owner and
res ident manager at the Otay Lakes Mobile Home Park are aware of the
notice requirement (giving the notice as required is what initiated the
arbitration/mediation process with Mr. Dufresne's group); the resident
manager has specifically told Community Development Staff that she is
aware of and is providing the required notice; and Community Development
Staff has verified by personal observation that the notice is present in
documents presented to them by prospective purchasers/tenants when they
have come to inquire regarding the nature of the right to arbitration.
Staff has no reason to believe the ordinance is being violated at all,
much less violated in a wholesale manner.
No action appears to be required at this time AND IT IS THEREFORE
RECOMMENDED THAT MR. DUFRESNE'S LETTER BE ACKNOWLEDGED AND FILED.
Community Development staff will follow up whenever investigation appears
appropriate.
5c. This is a letter from Pastor Rick Johnson of Risen Savior Ev. Lutheran
Church requesting waiver of Public Facilities Impact Fee, Grading Plan
Check Fee, Grading Permit Fee, Plan Check Fee, Building Permit Fee and
deferral of the Transportation Impact Fee. IT IS RECOMMENDED THAT THIS
REQUEST BE REFERRED TO PLANNING STAFF FOR REVIEW AND REPORT BACK TO THE
CITY COUNCIL.
5d. This is a request from David Trevino, Director of New Renaissance, a vocal
jazz ensemble from the School for Creative and Performing Arts at Chula
Vista High School, requesting financial assistance for the group to
participate in the National Events Waikiki Festival in Honolulu, Hawaii,
April 23-26, 1992. In the past, the City Council has disapproved most
individual requests for funding similar to this one, but has on occasion
financially supported organizations or other groups that have provided
entertainment or other services on a gratis basis at various City
funct ions or events, and New Renaissance has offered to conduct such
performances. Such previous City financial support has included the
following for the Bonita Vista High School Music Machine: $2,000 in 1985,
$1,000 in 1987, and $2,000 in 1991. Based on the City's current financial
situation, IT IS RECOMMENDED THAT MR. TREVINO'S REQUEST BE DENIED, BUT
THAT STAFF NOTIFY THE NEWS MEDIA OF THIS REQUEST AND AIR A COMPUTER-
GENERATED MESSAGE DURING UPCOMING TELEVISED COUNCIL MEETINGS. If,
however, the Council decides that financial support is appropriate, the
alternate staff recommendation would be to direct staff to return to the
City Council with a resolution authorizing the expenditure of $500 from
miscellaneous expenses to attend the National Events Waikiki Festival,
with the stipulation that the group will perform at no cost at future City
functions such as the Cultural Arts Festival and the Youth Center
dedications.
5e. This is a letter from Mr. Daniel Hernandez regarding staff's
recommendation of installing a painted median on E Street between Second
and Minot Avenues, which is Item 18 on tonight's agenda. Mr. Hernandez
requests that the City Council review the option of a two-way left turn
lane or to leave the current striping. IT IS RECOMMENDED THAT THIS
REQUEST BE CONSIDERED IN CONJUNCTION WITH ITEM 18.
JDG:mab
trans
March 2nd, 1992
Cardiff-by-the-Sea Town Council
P.O.BOX 114 CAROIFF-B 92007
~.-.,... !O
t> Rt~ElVfD
MAR 4
MAYOR'S 0 7:92 ~
ChUfii Vi"! 'ErICE
"ii, CA
X
Dear Mayor Nader & City Counci1memb
~
~
r.
City Council of Chu1a Vista
276-4th Avenue
Chu1a Vista, California 91910
As you may know, Paul Reynolds, our Town Council vice president and well-loved
community activist, was shot and killed in the early morning of February 18th
by a sheriff deputy at a convenience store in Cardiff-by-the-Sea. According
to news accounts of the incident, it appears to our community that the shooting
quite possibly could have been avoided through a different use of procedures,
including making sure before attempting arrest that any potential weapon is safely
away from the subject. We have asked for an independent investigation to eliminate
any hint of impropriety, and at this time it appears that the County Grand Jury
might accept this investigation, as well as the voter-created Citizen's Law
Enforcement Review Board, if the work of this board is finally allowed to proceed
by the deputies association.
We are writing you to respectfully request your support for a Grand Jury
investigation into the greater issue of excessive force which we believe may
have been used by our law enforcement community, in this case and other cases.
It is our sincere hope that by showing your support for such an investigation
as well as other cities and representatives, that we may finally develop a uniform
set of procedures, with appropriate response to such cases, that will be used
in the future by all law enforcement departments, to provide adequate protection
from harm to both our law enforcement personnel and our citizens.
We also call upon our cities and representatives to support the adoption of new
state legislation, following recommendations of the Grand Jury and a task force
which we believe should be created in order to draft these uniform procedures
to be used among our law enforcement community regarding arrests and use of force.
Through the application of these uniform procedures, we will all succeed in
enhancing our relationship with our law enforcement personnel, and prevent future
occurrances of avoidable tragedies. By working together, with a united voice,
we can accomplish this much needed change.
Respectfully ~~_
~~ President-
Cardiff-by-the-Sea Town Council
753- $""~sz
cc: To all incorporated cities in San Diego County,
San Diego County Board of Supervisors,
Leucadia-Encinitas & Olivenhain Town Councils,
& the press.
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Attachments:
Letter of 2/28/92, to Sheriff Jim Roache, from Cardiff Town Council (2 p)
Editorial of 3/1/92, of the Blade-Citizen, including letter to editor.
Tribute to Paul Reynolds, titled, "In Remembrance of Paul Reynolds", for
the Encinitas Magazine, by Wayne Holden and Jeanette Reynolds.
WRITTEN COMMUNICATIONS
l5", - I
~ Cardiff-by-the-Sea Town Council ~.
P.O.BOX 114 CAROIFF.BY.THE.SEA CALIFORNIA 92007
February 28. 1992
Sheriff Jim Roache
S.D. County Sheriff Department
222 West C Street
San Diego. CA. 92101
~.
RE: APOSTOLOS TRANSFER & REYNOLDS CASE: TOWN COUNCIL POSITION
Dear Jim:
The Cardiff Town Council would like to join the Encinitas City Council in
requesting a reconsideration of plans to transfer Captain Robert Apostolos out
of our Sheriff's Station. We feel that Bob has done a fine job of not only
listening to our needs in previous meetings with him, but has the kind of
personality and desire to provide for improved community relations and service
to our Encinitas community. Following a January 15 meeting with Bob concerning
some special needs of the Cardiff-by-the-Sea community which was quite fruitful.
Bob said to Town Council Board member, Pat Rudolph. and myself, that he was most
gratified in meeting with community members and improving service and relations,
and we believe him to be sincere in this desire. We hope that you may reconsider
his reassignment as we have all become very fond of Bob and appreciate his work.
In regards to the recent tragic death of our Town Council vice president. Paul
Reynolds, the Town Council has met twice since the February 18th shooting
incident, and formed what we believe is a fair and respectful position. We have
many unanswered questions surrounding this case. In order to eliminate any hint
of impropriety, we have asked for a fair and impartial third party investigation,
respecting the fact that our law enforcement officers should have the same rights
as others. We believe it is in the best interests of both the citizens and the
sheriff department that this investigation move forward, and that once concluded.
we can put this tragic incident behind us.
We can never bring Paul back. but we realize that we can change our small area
of the world for the better and make a positive result out of this very tragic
event. We believe that response and arresting procedures can be improved in many
ways, including making sure that potential weapons are safely separated from
subjects prior to physical contact by deputies. New weapons such as the
"cap-stun" mace replacement, (under evalu~tion by CAL-EPA now), should be
examined, as well as other options...stun guns, tasers. etc. Subject assistance
programs such as the "Crisis Intervention Program" as used in L.A. since 1985,
should also be evaluated for use here. in situations where subjects may need
special treatment due to mental health or drug-influenced problems.
We would like to work with the law enforcement community to develop new approaches
to respond to difficult situations such as in this particular case and others.
We know that you have been faced with a difficult job of attempting to make
improvements, and I believe it is safe to say that we all very much appreciate
your efforts and have recognized many changes that you have already accomplished.
We hope that your influence can be used to also encourage the use of existing
trauma intervention personnel to go with the coronor when notifying families
of the death of their loved ones. to change the situation that occured in the
Reynolds case where Paul's widow, Jeanette. was left alone following notification
of her husband's death by the coroner at 5 in the morning.
c:; 0.. - 2.
Although we DO condone the use of signs reading, "Remember Paul Reynolds" as
a way of remembering this well-loved man in our community, we condemn unkind
signs and statements that others have made towards our law enforcement community.
These will only serve to divide us when we need instead to come together, and
eliminate this "us versus them" attitude.
Although questions of fact remain unanswered and may be discussed in a rational
and humane manner, we do not condone personal attacks or name calling whether
it concerns Paul or others who lost their lives, or our law enforcement community.
Instead, we hope to wo~ together for a better tomorrow and follow through with
our past goal to personally recognize law enforcement individuals within our
publications and awards.
Our request to have Deputy Jeffrey Jackson temporarily reassigned to duty out
of the Cardiff area was approved by our board not as a conclusion of guilt for
Jeffrey's actions, which can only be decided in a judicial proceeding. The request
has been made only to reduce the chances that Deputy Jackson may encounter someone
in the Cardiff community upset with Paul's death, in the course of his
duties, which could conceiveably result in an awkward sitution for both parties.
We have been mindful of the possibility that the events surrounding Paul's death
may have contained some mistakes on the part of both parties, with expected
regret and we therefore want to recognize the hurt that Deputy Jackson and his
family are probably also experiencing.
Let us all work together to turn this tragedy into positive future results and
and eliminate this "us versus them" perception in our community. By using
thoughtful consideration of possible improvements, we can turn these feelings
of anger and hurt into feelings of appreciation, thereby promoting the peace
and harmony we all so much desire.
Sincerely yours,
~#/,& -
Wayne Holden, President
Cardiff-by-the-Sea Town Council
cc: Robert Apostolos, Encinitas City Council and City Manager, other city
councils. Board of Supervisors, Encinitas-Leucadia & Olivenhain Town Councils,
the County Grand Jury, the Citizen's Law Enforcement Review Board, Jeanette
Reynolds. Cardiff Town Council Board members. and the press.
r5~-3
Editorial
- ~ i.::<i2 Th.. BLADE-CITIZEN
A preventable death
What makes the death of Cardiff Town Council Vice President Paul
Reynolds so tragic is that it was completely preventable.
Reynolds didn't desene to die. More important, he didn't have to die.
Reynolds, a 44-year-old resident oC Cardiff. a community of Encinitas,
was fatally shot Feb. IS by San Diego County SheriIT's DeputyJeffrey "JJ."
Jackson. who was patrolling the area that evening and was alerted by a
motorist that a man <Reynolds) was acting .strangely at the Chevron gas sta-
tion on Birmingham Drive in Encinitas.
According to witnesses. Reynolds was wandering around the gas station
and staring through the window and. although the attendant said he didn't
consider Reynolds dangerous. he called the Sheriffs Department because
he didn't want Reynolds hanging around.
While wanderine aimlessly around that station, Reynolds apparently
pulled out what appeared to the attendant to be a knife and began playing
with the instrument. which was later discovered to be a marlinspike. a
tool used to separate strands of rope. The attendant placed a second call
to the Sherler! Department to report that Reynolds was armed.
Meanwhile, a trucker delivering gas arrived at the station and was
forced to brake abruptly to avoid hitting Reynolds, who witnesses say
stood in front of the truck to block its passage. Reynolds reportedly then
laid his head on the truck's grill.
At this point, Deputy Jackson arrived. Remember, he was not at the
scene because he had been asked to respond to either of the two calls the
attendant had placed to the Sheriffs Department, but because he had
been approached by a motorist. '
Deputy Jackson got out of his car and walked toward Reynolds when
the truck driver yelled that ReynOlds was armed. According to a sheriff's
report filed immediately after the incident, Deputy Jackson pulled his
revolver and ordered Reynolds to drop the spike and lie down. Reynolds
com2.1ied with both orders. accordinc to the report. but when the oeputy
was hanOcuffine HeynolOs, Reynolds alleeedly tried to sit up and stab the
deputy.
That's when Deputy Jackson fired a single bullet into Reynolds' neck,
killing him instantly.
Reynolds was a manic-depressive, the victim of a mental illness that is
characterized by severe mood swings and hallucinations. Reynolds appar-
ently had stopped taking the medication used to treat his illness and had
only restarted the dreg a week before the incident, according to his widow,
Jeanette. Clearly, based on Reynolds' behavior the night he was killed, the
medication had not yet begun to work.
An omcial report on the events of that night has yet to be released by
the Sheriff's Department, but there are several things we want to know:
. Why did a sheriff's deputy, who had been warned beforehand by a
motorist that someone was acting in a bizarre manner, not seek back-up
assistance before approaching the gas station?
~ . Why wasn't Deputy Jackson aware of the two calls the attendant had
... placed?
. Once at the gas station, why didn't the deputy take the time to evalu.
ate the situation before getting out of his car and approaching Reynolds?
. If Reynolds complied with the deputy's order to drop the marllnspike
and lie down, as the sheriff's report states, how did Reynolds eet ahold of
the marlinspike again while being handcuffed? Had the deputy kicked lhe
marlinspike out of Reynolds' reach? linot] why not! Or did Reynolds real-
ly have the marlinsplke in his hand. or Ola the deputy just overreact when
Reynolds moved?
. n~h.eriff Jim Roache said there is no written nrocedure to ClIuide
depul1es In suc 51 uatlons. f not! Hasea on the eVlaence~~o a.a_~~,
Deputy JackSon IS either comp etely inexperienced or the Sheriff's
Department is completely irresponsible.
Was Reynolds' behavior unusual? Yes. Was it scary? Probably. Did it
warrant death? Absolutely nol
The San Diego County Grand Jury Is InveBti,ating the shooting as part
of its overall review of the use oC deadly Coree by law enforcement omcers.
And the newly created county Citizen Law Enforcement Review Board
will decide next week whether to investieate the maUer.
By all accounts, Reynolds was a kind and compassionate man who
struggled with a common but much misunderstood mental illness. Indeed,
there is much public misunderstandine about the causes at and treat-
ments for mental Ulnesses.
But Reynolds sbowed that a person can suffer from a mental illness and
Btilllead a healthy, normal and fulfilling liCe. In addition to Bel"llng on the
Cardiff Town Council, Reynolds was a m.mber of the Surfrlder Founda.
tion and People for a Clean Ocean. Before being laid off. he had worked as
a semi-conductor engineer for Unisys.
In the nearly two decades he lived in the community, Reynolds had
earned the respect and affection of neighbors, residents and fellow town
council members. He deserved a right to build on those accomplishments
and friendships. He was unfairly robbed of 8 rich life, and his (amily.
friends and the community were robbed of the opportunity to share in that
life.
s",,--s
Letters
3-1-92
BLADE-CITIZEN
On death of Reynolds
Editor:
I would like to respond with my Ceelings to
the death of Paul Reynolds.
In the Blade-Citizen article of Feb. 20. Sgt.
Sean Garrity of the Sherirrs Department is
quoted. "The whole idea ofthe game is to sur-
vive ... to go home alive."
Let me ask you this: Does this Quote apply
only to the Sherirrs Department?
How appalling to think that a man who was
possibly in a crisis situation does not have
that same right? Can citizens and taxpayers
accept this thought pattern from the SheriIT's
Department?
Was this man brandishing a gun or, worse
yet. a toy gun? What chances of creating dead-
ly (orce was there with a spike? Did he
deserve to be shot and killed for this?
Can the Sheriffs Department expect
Reynolds' Camlly to resume their trust in the
department? They, aner all, are len with no
choice.
Deputy JefTrey Jackson now does have
choices. He can get psychiatric counseling
while on paid administrative leave and return
to work. Not being inconsiderate of the pain
he may Ceel, but what choices have his actions
len for the Camlly of Paul Reynolds?
Mr. Reynolds has no choices. His Camlly
must now bury him and face life without him.
I believe the reason is because of too much
deadly self-defense on the part of the SheriIT's
Department.
My sincere sympathy goes to the family..
friends and loved ones who are grieving his
loss.
This deadly force must stop. Sheriff
Roache: Do you hear what the citizens are
saying~
SUSAN IGOE
Carlsbad
OTHER NEWS YOU SHOULD BE
AWARE OF.................
SACRAMENTO FILE
~~~'l
LOS ANGELES TIMES
'2-~7-'12-
SENATE
BIll Introductions
. Auault Weapons: SB 1924 by Sen. Don Rogers
(R-Bakersfleld) would repeal the state law
requiring registratlon and permits Cor the sale and
poasesaion oC assault weapona.
\~ ~i9.Jg~~"~r~r'~~I~!d~I~O ~.Ir own
departmenta, the publie rarely leanu about il Tbe l)'llem otpoUee dilci-
plin. remains too IIcret tor public aeeountabUity. But l.maIiDe how much
wonethin&s would be it rolUe cop' eould ..eape qiJestfoDinl by even
their .uperlors. Complaints a,ainlt poUee omcer. wouldn't bave .
chance.
Thi. i. a real LbreaL Allembl)' BI1I2087,'PONOred by A.uemblymu
Richard Floyd. R-Gardena. would limit the abUlty of poUce chleta and
Iberilfs to question poliee omcen about mlseonducL It bulca.ll)r would
live cop. the r!.lht to retu.le to anlwer quuUoDl that micbt lead 'to dilcl.
pllolrl' aeUoo. Thlt~ _{II and the bill should be killed.
- 1M San JOIe Mercury NttDI
~ Cardiff-by-the-Sea Town Council ~
P.O.BOX 114 CAROIFF.BY.THE-SEA CALIFORNIA 92007
1948 - 1992
(submitted for publication in ENCINITAS MAGAZINE)
The Cardiff-by-the-Sea community is still in shock over the
tragic February 18th shooting death of Paul Reynolds, well known
as a highly intelligent non-violent person, who was a community
activist and champion for people's rights. Not content to be a
"couch potato", Paul was an avid surfer and sailor, and supported
the work of groups such as Greenpeace, the Surfrider Foundation,
the Sierra Club, and was a member of the Green Party.
A Cal Tech graduate with interests in arts. literature,
science and history, Paul moved from Los Angeles to Cardiff about
15 years ago and then bought his house on Somerset Avenue. Until
recently he had worked all that time for the Unisys Corporation
designing the tiny circuits for microchips that are the "brains"
inside our computers. Although he was laid off in July, Paul was
thankful for the change so he could do a lot of things he had
wanted to do, including pursuing yoga, surfing, swimming, and
sailing in his 27-foot sailboat.
IN REMEMBRANCE OF PAUL REYNOLDS
PAUL REYNOLDS
Having lost his previous wife to cancer, Paul married Jeanette whom he had known back in his 10th
grade biology class and had met again at a 20th high school reunion. His death came only one day
before their 4th wedding anniversary. Jeanette described their relationship as "like a fairy tale
that came true", and Paul used to say they "were made from the same cookie-cutter".
In 1982. Paul, Robert Bonde, and Wayne Holden formed a group to defeat a planned high-speed
"bullet train" which would have had overhead wires and continuous fencing along the track, forever
blocking access to the ocean. Paul painted a large sign on his old VW bus for that campaign and
heavily lobbied for citizen support, which ultimately defeated the plan. Having succeeded in this
battle, he joined with Bob Bonde's effort to incorporate the 5 communities into Encinitas. They
succeeded where other attempts had failed since it was promised that each community to join the city
would keep their own local identity.
Following incorporation, Paul continued his support for Cardiff concerns. and spoke before the
City Council on many issues such as the 2-year "Road Standards" battle which succeeded in preventing
the proposed widening of Cardiff streets, along with 5 foot required additional property dedications.
In recognition of his activism, he was elected by the Cardiff Town Council membership to the board of
directors last June 27th. and was then elected vice president July 1st by the board. Paul was active
in the Town Council's efforts, including opposing planned $6 parking fees at the South Cardiff State
Beach. He also strongly encouraged the idea to plant wildflowers along the highway and railroad in .
Cardiff in the style of "Johnny App1eseed", which was accomplished just before the last rains.
Paul enjoyed conversing with everyone, from "street people" to policemen. To him, everyone was
truly equal and he accepted each person unconditionally. His high intelligence enabled him to
remember voluminous amounts of information and he was a regular library user. One of Paul's favorite
quotes was, "eternal vigilance is the price of freedom", by Thomas Paine. His support of personal
rights included distribution of copies of the Bill of Rights and Constitution to others, provided by
a senator. He used to wave at police, then saying to others, "you'll never know when you need one,"
and when getting into his car he would say, "buckle up. it's the law."
Paul also had a spiritual side tied to the cosmology of the universe. He talked about how the
more that one explored science and mathematics, the more closely it connected to a spiritual
philosophy of interconnectedness and our reasons for existence.
Paul was a gentle. understanding, and caring person who wished no one harm. He was quick to
forgive others and would have even forgiven the deputy for ending his life. We who had the privilege
of knowing him as a person will miss him dearly.
Wayne Holden & Jeanette Reynolds
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WRITTEN COMMUNICATIONS
.~
t:)"b - I
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Risen Savi01r Gv. Lutheran (9hu1rch
Er'-"','ED
R .vC,;.'
~
W. I1AR -6 AlO :29
Pastor Rick Jo!'t<lli'f'ch 5, 1992
Mayor Tim Nader and City Council
276 4th Avenue
Chula Vista, CA 91910
CITY nr:
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C1TV"\
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Re: Risen Savior Lutheran Church
391 Bay Leaf Drive, Chula Vista, CA 91910
Site: 625 Otay Lakes Road
Planning #PCM-86-5; PRD-91-78; EIR 79-2
Dear Mayor Nader and Council Members,
The City Council has a policy dating 11-24-87, policy number
267-05 relating to the waiver of fees for nonprofit
organizations depending on the value of the public service
provided.
In line with the policy, Risen Savior Lutheran Church,
requests the waiver of the following fees, understanding
that at times in the past, such fees have been waived for
some churches:
1. Public Facilities Impact Fee, also called the Expanding
City Fee
2. Grading Plan Check Fee and Grading Permit Fee
3. Plan Check Fee as assessed by Building & Housing
4. Building Permit Fee as assessed by Building & Housing
We further request a deferral of the Transportation Impact
Fee until such time as the Community Purposes Facilities
Task Force (Mando Liuag is the staff liason) makes its
recommendation. Since I serve as chairman of this Task
Force, I expect that this report will be forthcoming in
March or April of this year.
I have enclosed letters supporting the value of the service
that Risen Savior will provide to the City through it's
building by making it available, if possible, to outside
human services providers. I have also enclosed a ministry
plan to demonstrate the service provided through the
congregation to the community.
Thank you,
~'J:'1~ (11)
(/
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WRlnEN COMMUNICATI01:~
In 3J7Jl~
Church Office:
391 Bay Leaf Drive Chu/a Vis/a, CA 92010
(619) 422-4944 - (619) 585-1773 ~ _ /
Risen Savi01r Gv. Lutheran (9hUlrch
~
Pastor Rick Johnson
Tuesday February 25, 1991
Dr. Emerald Randolph
Human Services Council
PO Box 17
Jamul, CA 91935
Dear Dr. Randolph,
c
o
For the past several years, I have had the privilege of
serving with you on the Community Purposes Facilities Task
Force with the City of Chula Vista. During that time, it
has been made plain to me that the various organizations of
which your Council is comprised serve the best interests of
the people of our area. It is also become clear that these
organizations need to lease space and that the more they
spend on such arrangements, the less they are able to do in
the interest of the community.
r
I have been authorized by the Church Council of Risen Savior
Lutheran Church to write to you and invite you to alert the
organizations with which you work that Risen Savior will be
constructing a new church/multi-use building at 625 Otay
Lakes Road in Chula Vista during the upcoming months. We
are anxious to serve our community by working out a sharing
of our building, during normal working days and hours. We
will offer such space at a cost well below market because we
seek only to cover our costs and not net a profit. Any such
arrangement is negotiable and subject to the approval of
Risen Savior's Church Council.
J
I
Please share this letter and information with the Human
Services Council. We anticipate construction to be
completed in October, God-willing.
Sincerely,
n~H 1Zi4-#~~~
Pastor Rick Johnson
Church Office:
391 Bay Leaf Drive Chufa Vista, CA 92010
(619) 422-4944 - (619) 585-1773 Sc -;1..
Adult
Protective
Services, Inc.
A private, non-profit agency providing services
to seniors in San Diego County.
2840 Adams Avenue, San Diego,
California 92116 (619) 283-5731
January 23, 1992
Rick Johnson, Pastor
Risen Savior Lutheran Church
391 Bay Leaf Drive
Chula Vista, CA 92010
c
Dear Pastor Johnson:
/)
v
Thank you for sending the floor plan for your proposed church building at Otay
Lakes Road. After reviewing the plans with board members and staff we agree that
it would be a suitable location for a satellite adult day health care center for
the Chula Vista area.
r
As I explained in our several phone conversations, the need for adult day health
care services in the South Bay area is great and continues to grow. Our current
facility at the Chula Vista Community Church is licensed for 50 participants a day
and we are full. It is heartbreaking to have to tell family members daily that
we have no place for their frail elderly loved ones. For many of those who wish
to keep their loved ones at home the alternative is institutionalization. Another
center would help to alleviate this situation.
I
Please keep me informed of your progress with the building. In the meantime
I will set the wheels in motion to work out the myriad of problems (funding, licensing,
transportation etc,) associated with opening an adult day health care center. I
hope that we can come to a successful collaboration in our joint efforts to serve
the South Bay community. Please call if you have any questions.
Sincerely,
-?1A n~
Mal Murphy
Executive Director
MM/rl
........
..!JC - 3
THE MINISTRY OF RISEN SAVIOR LUTHERAN CHURCH
Building soon at 625 Otay Lakes Road, Chula Vista
Mayor Nader and City Council,
What follows is a listing of the various ministries of Risen
Savior plus other matters that we think might pertain to our
request:
Ministries
Sunday Worship Services (Christianity makes good citizens)
Sunday School (teaching among other things good morals)
Bible Classes
Time for Tots: a support group for parents & preschoolers
Lutheran pioneers: a scouting-like program for elementary
school age children
Teens for Christ: ministry to high-schoolers dealing with
a wide range of topics
In Time of Need: a program that provides food and cash to
members in time of crisis. We do not want any
of our members to be forced to receive public
assistance. We think helping them is our
responsibility.
Counseling by the pastor: our pastor holds BA and MDiv
degrees with training in marital, family,
grief and other areas of counseling.
Elders Ministry: visiting the sick and housebound in our
congregation.
NB While these ministries are primarily aimed at our members
(most of whom live in Chula Vista), we are always open to
serving non-members as we are able to do so.
The Church Council of Risen Savior would also be open to
allowing use of our parking as overflow for special events
at Bonita Vista Senior and Junior High Schools. Our
property is immediately across Otay Lakes Road from the
Junior High School and is the first property north across
Canyon Drive from the Senior High School. We would also be
willing to allow the use of our building for things like
blood drives, a polling place and other such community uses
so long as they do not interfere with congregational
program.
3C-i
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7eie eo.dt fwr- 4tudeftt td. $474.00 w<<A ebjIttuft ~
atte~ 7eie 4tcdettt4 ~ If4ided $5,000.00 oj tIte Heeded
$9,000.00 a4 oj m~ ", 1992. 7~ 'IOU /M 'f0Ulf, time
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OIULA VISTA. CA. 92010
420.2199
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In response to your letter of march 6th;~he
staff recomendation for a ~raffic island on E st.will in all
probability create more problems than it can possibly
solve.In the first place the completion of hwy.54 westbound
to south interstate 5 and the on ramp to 54 off off north 5
should solve most of the traffic problems in rush hours on E
st.The construction of a traffic island will necessitate
east bound residents of the 25 unit a~on the north side
o~ E.st.to go to minot and make a dangerous u turn or after
t~e no U turn sign which will undoubtedly be installed force
drivers to use driveways farther up the block.Likewise those
of us needing to go into the 34 unit condo project on the
south side of E st. will have much the same problem.This of
course can be alleviated by our driving down to F st.and
coming down 2nd ave. but in all probability again will
result in our passing E st.and either making a u turn at the
next block or using twin oaks circle as a turn around.I will
not even go into the dangerous alternative Of'pulling into
and backing out of private driveways into oncoming
traffic.At 11:00 saturday night four cars were parked on the
north side of E st between 2nd ave. and minot sts. I ( as a
lifetime resident of chula vistalwould like to suggest that
plan A be looked into again/that of a left turn lane or
leave it as is. In the fifteen yrs.in this project i know of
only one accident caused by ma~ing a left turn here.As to
the lowering of the speed limit this may help but only if
the traffic signals are reset as by the time we get to our
driveways from 1st ave the red signal at 2nd makes a left
turn quite safe.
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P.S. I will try to attend tuesdays meeting
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COUNCIL AGENDA STATEMENT
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MEETING DATE ,rare I. :3. IP92
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ITEM TITLE: J~~INANCE .2~ '11
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Amending section 2.05.010 of the Chula Vista Municipal Code to
establish the classifications of Police Captain and As~;.tant
Director of Building and Housing in the Unclassified Service
of the City of Chula Vista.
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF PERSONNEL
CITY MANAGEW'
(4/5th Vote: Yes~ NO___>
On February 25, 1992, the City Council approved Resolution 16514 which provided for movement
of the Police Captain classification from the Mid-Management group to the Executive group,
subject to ordi nance adopti on. The duties and authority of Pol ice Captai n, have been
increased to be on a par with all other classes in the Executive, Unclassified Service.
Additionally, the City Council approved Ordinance No. 2361, placing the position of Assistant
Director of Building and Housing in the Unclassified Service; however, the Municipal Code was
inadvertently not amended at that time. Approval of the ordinance will place both positions
in the Unclassified Executive Service.
RECOMMENDATION: Place ordinance on first reading.
BOARDS AND COMMISSIONS RECOMMENDATIONS: NONE
DISCUSSION: On February 25, 1992, the City Council approved placement of the classification
of Police Captain in the Executive group. This classification is currently Classified, an
appropriate status at it's previous Mid-Management level; however, recognizing an increase
in level of duties and responsibilities it was placed in the Executive Group, a group in
which all classes are Unclassified. A change in status from Classified to Unclassified is
not only consistent with comparable classes in that group, but appropriate, as it clearly
qualifies under the Charter:
Article V. Section 500 (al: It is further provided that the City Council may place
Assistant and Deputy Department Heads, Assistants to the City Manager, and new
Management level positions in the Unclassified Service by a four-fifth's vote of the
Counc il
and
Section 701 (al (81: The City may place Assistant and Deputy Department Heads,
Assistants to the City Manager and new management level positions in the Unclassified
Service by an ordinance adopted by a four-fifth's vote.
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In April, 1991, the City Council approved Ordinance 2361 creating the position of Assistant
Director of Building and Housing in the Unclassified Service and Resolution 16103 placing the
position in the Executive Group for fringe benefits; however, the Municipal Code, Section
2.05.010 was not amended at that time to include the classification. The request to include
it at this time is merely a clean-up measure consistent with what the Council has already
approved.
FISCAL IMPACT: The cost of placing these classifications in the Executive Group has already
been appropriated. There is no fiscal impact of this ordinance placing these posit;(,ns in
the Unclassified Service.
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Revised 3/2/92
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AN ORDINANCE OF THE CITY OF CHULA VISTA AM~ING
SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL~Cqp'E
TO ESTABLISH THE CLASSIFICATIONS OF POLICE CAPTXtk
AND ASSISTANT DIRECTOR BUILDING AND HOUSING IN THE1bO
UNCLASSIFIED SERVICE OF THE CITY OF CHULA VISTA ~i/;
OIJt
WHEREAS, on February 25, 1992, the city Council approved
Resolution 16514 which provided for movement of the Police Captain
classification from the Mid-Management group to the Executive group
subject to approval of an ordinance creating the position in the
Unclassified Service; and
ORDINANCE NO.
2497
WHEREAS, Charter Sections 500(a) and 701(a) (8) authorize
the City Council to create new Management level positions in the
Unclassified Service by an ordinance adopted by a four-fifths vote;
and
WHEREAS, the duties of Police Captain have been modified
to the level of responsibility and authority on a par with other
classes in the Unclassified Service; and
WHEREAS, additionally, the City Council by Ordinance No.
2361 established the Unclassified position of Assistant Director of
Building and Housing; however, the Municipal Code was not amended
inadvertently at that time.
The City council of the City of Chula vista does hereby
ordain as follows:
SECTION I: That section 2.05.010 of the Chula Vist.a
Municipal Code is hereby amended to read as follows:
Sec. 2.05.010
Unclassified positions established.
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In addition to those unclassified positions specifically
delineated in section 500 of the Charter of the City,
there are established the unclassified positions entitled
deputy city manager, assistant to the city manager,
deputy city clerk, assistant fire chief, assistant
director of planning, assistant director of finance,
assistant director of personnel, assistant director of
buildina and housina. city engineer, director of
management and information services, redevelopment
coordinator, housing coordinator, transit coordinator,
assistant director of community development, deputy
director of public works/city engineer, public
information coordinator, traffic engineer, deputy
director of public works/operations, budget manager,
revenue manager, assistant director of management and
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COUNCIL AGENDA STATEMENT
Item ]:b... l
ITEM TITLE:
Meeting Date: ZT!:;f92
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A. Resolution II. r;,).2., Certifying the Final Environmental Impact
Report for the Palomar Trolley Center Project (EIR 91-02)
SCH #89032915
Public Hearing: GPA 91-04, PCA-91-F, City initiated proposal to
amend the General Plan from .Research and Limited Manufacturing.
to .Retail Commercial., to amend the Montgomery Specific Plan
from .Research and Limited Industrial. and .Other. to .Mercantile
and Office Commercial,. and to rezone from I-L-P to C-C-P certain
3 acre territory located. south of Palomar Street between Broadway
and the MTDB Palomar Trolley Station. The precise boundary of the
proposed amendments and rezoning are depicted in Exhibits A, B,
and C.
B. Resolution 11.';" ~ Amending the General Plan on Conditions for
the Palomar Trolley Project and Zone Consistency Subarea B-3-A and
Amending Conditions on the Montgomery Specific Plan Making
CEQA Find~~ Adopting a Mitigation Monitoring Program
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C. Ord~ce ~~q, Changing the zone classification from I-L-P
.' < )lo-t:-C-P for the 3 acres depicted in Exhibit C, including adoption of
,,;~V'. the supplemental findings for application of the .p. modifier and
o~;y ratifying tentative action from February 4, 1992, to change the zone
~,,(j classification for Zoning Consistency Subarea B-3-A from R-3 to
R-3-P"22.
SUBMITTED BY: Director of Planning J:Al ".
Director of Community Development (,..
REVIEWED BY: City Manager~
(4/Sths Vote: YesJo..xJ
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Page 2, Item I "
Meeting Date: 2/25/92
BACKGROUND:
PALOMAR TROLLEY CENTER
The subject City-initiated General Plan Amendment, Montgomery Specific Plan Amendment,
and Rezone for 3 acres located on the southerly side of Palomar Street between Broadway and
Industrial Boulevard are required actions for implementation of an expanded 18.2 acre Palomar
Trolley Center commercial project pursuant to City CouncillRedevelopment Agency direction
in August 1990.
Pacific Scene, Inc. originally processed plans for development of a 12.2-acre commercial center
known as the Palomar Trolley Center project. The project is located south of Palomar Street
between Broadway and the MTDB Palomar Trolley Station. The project included a General
Plan Amendment!Specific Plan Amendment to redesignate the 12.2-acre site from "Research &
Limited Industrial" to "Mercantile & Office Commercial" and rezoning of the site from "M52"
to "C-C-P". The preliminary plan (Exhibit D) proposed development of a community shopping
center consisting of 128,387 gross square-feet of building space. The center was planned to
include a major supermarket, retail shops, and S pads to accommodate drive-through commercial
uses such as restaurants, banks and other financial institutions. An Environmental Impact Report
(EIR) and an addendum to the EIR were prepared for the original project.
On August 28, 1990, the City Council approved the General Plan Amendment! Specific Plan
Amendment and rezone to designate the 12.2-acre site for commercial use on the condition that
Pacific Scene agree to restrain itself from pursuing the 12.2 acre center while Pacific Scene and
the Redevelopment Agency pursue an expanded center encompassing 18.2 acres. The expanded
project was desired to provide a comprehensive development plan for the area and to provide
additional sales tax and tax increment generation. On August 28, 1990, the City Council and
the Redevelopment Agency entered into an agreement with Pacific Scene to pursue an expanded
plan incorporating additional property located to the south and the east. The expanded project
allowed for negotiation and analysis that would lead to an Owner Participation Agreement for
an approximately 18.2-acre commercial, rather than the origina112.2-acre center. As part of
the expanded project, the City has initiated the following plan amendments and rezoning:
1. A General Plan Amendment to redesignate three acres from "Research and Limited
Manufacturing" to "Retail Commercial" (Exhibit A).
2. An amendment to the Montgomery Specific Plan to redesignate three acres of the site
from "Research & Limited Industrial" and "Other" to "Mercantile & Office Commercial
(Exhibit B).
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Pale 3, Item A
Meetin& Date: 2/25/92
3. A zone change for three acres from I-L-P to C-C-P (Exhibit C).
The ~maining three acres of the expanded project are currently zoned and designated for
commercial use and th~fore do not require any plan amendments or zone changes. A Final
Environmental Impact Report (FEIR) has been prepared in compliance with CEQA and the
Environmental Review Procedures of the City of Chula Vista to analyze the potential
environmental impacts associated with the expanded 18.2 acre project. The FEIR is discussed
in detail in the attached environmental staff report.
On 1une 4, 1991, the Redevelopment Agency en~ into a Semi-Exclusive Negotiating
Agreement (SENA) with Pacific Scene for the expanded project which supersedes the August 28,
1990 agreement. The SENA extended the Vesting of Rights of the 12.2 ac~ project for three
years unti11une 4, 1994. '
Future discretionary actions which will also be required to implement the expanded project
include:
1. A Development and Disposition Agreement (DDA) or Owner Participation Agreement
(OPA) for development of the project in conjunction with the Redevelopment Agency.
2. Design Review for the project's compliance with current design standards and the design
concept guidelines developed for the project.
3. Street vacations for two unnamed "paper" streets within and adjacent to the project.
4. Possible tentative maps for the subdivision of the property for sale, lease or financing.
ZONING CONSISTENCY STUDY
In addition to the Palomar Trolley Center item, the final ~lution for the General Plan
Amendment and the Zoning Ordinance reclassification include action on a separate item, Zoning
Consistency Study Area B-3-A. On February 4, 1992, the City Council voted 4-1 to adopt the
Negative Declaration (IS-91-51) and direct the p~tion of a ~lution amending the General
Plan and an Ordinance reclassifying the zoning for Zoning Consistency Study Area B-3-A,
located west of Third Avenue, east of Landis Avenue, north of "E" Street, and south of "D"
Street, in Central Chula Vista.
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Page 4, Item r '"
Meeting Date: 2/25/92
RECOMMENDATION:
1. Certify that Final EIR (EIR-91-02) for the Palomar Trolley Center is adequate and
complete and has been prepared in compliance with CEQA and the Environmental
Review Procedures of the City of Chula Vista.
2. Adopt a resolution to amend the General Plan by redesignating the 3 acres depicted in
Exhibit A from "Research and Limited Manufacturing" to "Retail Commercial" and
ratifying tentative action from February 4, 1992 to amend the General Plan by
redesignating Zoning Consistency Subarea B-3-A from Residential Low-Medium (3-6
dufac.) to Residential Medium-High (11-18 dufac.).
3. Adopt a resolution to amend the Montgomery Specific Plan by redesignating the 3 acres
depicted in Exhibit B from "Research and Limited Industrial" and "Other" to "Mercantile
and Office Commercial".
4. Adopt an ordinance to change the zone classification from I-L-P to C-C-P for the 3 acres
depicted in Exhibit C, including adoption of the supplemental findings for application of
"P" modifier, and ratifying tentative action from February 4, 1992 to change the zone
classification for Zoning Consistency Subarea B-3-A from R-3 to R-3-P-22.
The precise plan modifier for the Palomar Trolley Center Project (C-C-P zoning) is
subject to the following condition:
a. The City of Chula Vista shall enforce any appropriate legal mechanism sponsored
by the Chula Vista Elementary School District and the Sweetwater Union High
School District to mitigate impacts on school facilities.
S. Adopt a resolution adopting the CEQA findings and Mitigation Monitoring program.
BOARDS/COMMISSIONS RECOMMENDATIONS:
On December 16, 1991 the Southwest Project Area Committee voted 3-1-3 to recommend that
the Montgomery Planning Committee approve the General Plan Amendment, and voted 4-1-2
to recommend that the Montgomery Planning Committee approve the Montgomery Specific Plan
Amendment and the zone change.
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Meeting Date: 2/25/92
On December 16, 1991, the Montgomery Planning Committee voted 4-1-1 to recommend that
the Final EIR not be certified, and recommended denial of the General Plan Amendment, the
Montgomery Specific Plan Amendment, and the zone change. The Planning Committee was
primarily concerned that the issues of traffic and economic dislocation (of existing businesses)
were not adequately discussed in the EIR, and were not adequately mitigated by the project.
On January 22, 1992, the Planning Commission voted 5-1 to recommend approval of the
General Plan Amendment, the Montgomery Specific Plan Amendment, and the zone change.
The Planning Commission voted 4-2 to certify the Environmental Impact Report.
D. DISCUSSION
1. Existin~ site characteristics
The project site is generally rectangular in shape, relatively flat with a slight
slope to the south and southwest, and contains approximately 3 acres. Existing
structures on the project site include a landscape contractors storage yard, four
residences and a church. The 3 acre site is located south of the originallZ.2-acre
project.
The original 12.2 acre project site is vacant and has been used for vegetable
farming until recently. Existing structures on the remaining 3 acres of the
expanded project located at the comer of Palomar Street and Broadway include
a convenience store and gas station, a laundromat, a restaurant, and an RV/trailer
repair shop. The 18.2 acre expanded project site is bounded by Palomar Street
on the north, the MTDB right-of-way to the west, Broadway to the east, and the
SDG&E right-of-way to the south.
2. Adiacent General Plan desilmations
The Plan diagram of the Montgomery Specific Plan (Exhibit B) designates the
project site as Research & Limited Industrial. The designations adjacent to the
18.2-acre site are as follows:
North:
South:
East:
West:
Retail CommerciallMercantile & Office Commercial
Parks & Open Space
Mercantile & Office Commercial
Institutional (Trolley station)
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Page 6, Item II.
Meeting Date: 2/25/92
3. Adiacent zonin~ and land use (Exhibit C)
North:
South:
East:
West:
C-C-P
S94
C-C-P
S94
Retail Commercial
SDG&E Right-of-way
Retail Commercial
SDG&E Right-of-wayfI'rolley Station
4. Desim
Final site plans and elevations have not been completed because the major tenant
sites have not been established yet. However, a conceptual site plan (Exhibit E)
has been developed which identifies the gener81location of the building pads,
parking, internal circulation, and access points, as well as establishing a
maximum development of 198,200 square feet of building space and 991 parking
spaces (5 spaces per 1,000 square feet of building space). In addition, three
potential site plans (Exhibits F, G and H) have been produced to illustrate specific
site plans which could result depending on the size and needs of the major
tenants. Pursuant to the Semi-Exclusive Negotiating Agreement, the project may
be developed in 2 phases, with the westerly IS acres comprising Phase I, and the
easterly 3 acres comprising Phase n, as depicted in Exhibit I.
A substantial amount of time has been spent identifying, analyzing and clarifying
design related issues. A design guideline booklet has been developed to define
the project's architecture and parameters for development of the specific site plan
once the major tenant sites are identified. The design guidelines will be revised
when the major tenants are established and a specific site plan is completed.
Major design issues which have been discussed include providing a strong
pedestrian link to the trolley station, access, landscaping along Palomar Street,
Broadway and within the parking area, and providing features to break up the
linearity of the site and building.
S. SllJ)J)lementaI Information
The agreement between the City and. Pacific Scene which was entered into on
August 28, 1990 included several project related amenities that were to be
pursued as part of the expanded 18.2 acre project. These amenities include: (a)
an on-site daycare center: (b) a traffic circulation loop which links the MTDB
station, the Trolley Center, and Jayken Way; (c) a linear park with bike and
pedestrian paths in the SDG&E right-of-way; (d) a high volume entertainment
center; and (e) a community center. A discussion of these community serving
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Pajle 7, Item I'"
Meetin& Date: 2/25/92
uses,as well as tenancy, acquisition of expansion parcels, and tenant selection is
included in Attachment 2.
ANALYSIS
Several factors support the plan amendments and rezoning described above:
1. The subject property is immediately surrounded by commercially designated
property to the north and west, and existing commercial development to east. In
addition, commercial development also exists in the surrounding area north of
Palomar Street and east of Broadway. The SDG&E right-of-way located south
of the project serves as a buffer between the industrial uses on the south side of
the right-of-way. Consequently, the proposed redesignation and rezoning are
compatible with the surrounding land uses in the area.
2. The proposed plan amendments and rezoning are City-initiated actions pursuant
to direction by the City Council and Redevelopment Agency in August 1990 to
provide for an expanded 18.2-acre commercial center, in lieu of the approved
12.2-acre commercial center originally proposed by Pacific Scene. The proposed
redesignation and rezoning are required and desired to provide for a
comprehensively planned development of the southwestern corner of intersection
of Palomar Street and Broadway. Without the proposed actions, a 3-acre island
of industrial and institutional uses lacking street frontage would exist surrounded
by commercial development to the north, west and east. The additional 3 acres
located south of the approved 12.2-acre commercial center provide additional
depth which is needed to accommodate larger tenants..
3. The proposed plan amendments and rezoning are required and desired for
redevelopment of the property as part of a comprehensively planned commercial
center which will implement the City's redevelopment plans for this portion of
the Southwest Project Area. In addition to the physical and aesthetic
revitalization of the area, the project will also provide revenue to the City through
additional sales tax and tax increment generation. These funds will augment the
City's general fund and will help finance redevelopment efforts within the
Southwest Project Area.
4. An Environmental Impact Report was prepared for the proposed plan
amendments, rezoning, and expanded 18 aCre project. No significant,
unmitigable impacts were identified with implementation of the expanded 18.2
acre project. The EIR analysis of the City of Chula Vista's Threshold/Standards
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Page 8, Item (~
Meeting Date: 2/25/92
Policy concludes that with implementation of ideJ1tified mitigation measures, the
proposed project will satisfy all of the City's Threshold/Standards Policies.
In response to the concerns stated by the Montgomery Planning Committee
regarding traffic and economic dislocation, the Final EIR contains 1)
comprehensive mitigation measures for traffic impacts of the proposed project,
which include road widenings and intersection improvements, and 2) a
requirement that the disposition and development agreement(DDA) signed by the
developer and the Redevelopment Agency include a clause which restricts the
developer from leasing or selling to tenants or purchasers greater than 15,000
square feet of net useable floor area until the Executive Director of the
Redevelopment Agency has approved the tenant. Approval can be withheld if the
Agency finds that the proposed tenant or purchaser is incompatible with the
commercial mixture of tenants present in the market area of the project.
5. The Chula Vista Elementary School District raised concerns at the Planning
Commission hearing on this project regarding inadequate mitigation of school
impacts of the proposed project. In response to these concerns, City and School
District representatives subsequently met to discuss an overall approach to
mitigation of impacts of new development on schools. It was agreed that City
and School District staff should jointly pursue the preparation of a "school impact
mitigation program" which would provide a consistent approach for requiring
mitigation from all new development. Staff will return to the City Council with
a work program for this project within the next 30 days. It is also recommended
that, as a condition of the "P" modifier placed on the zoning of this project, the
applicant be required to participate in any mitigation program which is approved
by the City and the District.
FISCAL IMPACT
Redevelopment of the Palomar Trolley Center area is projected to result in a Phase I, 15-
acre project valuation of an estimated $17 million. Assuming an existing land valuation
of $1 million, and property taxes generated by the site at 1" per year, based on pending
agreements with taxing agencies for the Southwest Redevelopment Project Area, Agency
annual tax increment receipts are estimated at $85,000. Assuming a square footage of
168,000 square feet for the Phase I center and an annual dollar per square foot sales at
$150, City sales tax receipts at 1" are estimated at $337,000 per year. Phase n
receipts, using similar assumptions as above, would generate at development
approximately $50,000 in sales and tax increment per year. Total City/Agency receipts
from the Phase I &. n 18-acre project are estimated at $387,000.
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Page 9, Item I~
Meeting Date: 2/25/92
It should be noted that tax increment receipts would be additional revenues to the
Redevelopment Agency, and that project valuation increases over time could result in
higher tax increment receipts. Sales tax receipts for the center would also likely rise
over time, however, not all sales tax receipts would be new proceeds to the City. Some
portion of the center's sales would come from existing sales within the City.
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ATIACHMENT 1
SUPPLEMENTAL FINDINGS FOR APPliCATION OF .p. MODIFIER
Pursuant to Zoning Ordinance Section 1956.041, the .p. modifying district is applied based on
the following:
1. The property or area to which the .p. modifying district is applied is an area adjacent
and contiguous to a zone allowing different land uses, and the development of a precise
plan will allow the area so designated to coexist between land usages which might
otherwise prove incompatible.
The SDG&E right-of-way to the south is zoned S94 and the surrounding commercial .
property to the north, west and east is zoned with a .p. modifier. The precise plan
requirement for the subject 3 acres will ensure that the parcels are subject to the same
design review as the surrounding property and that the project is compatible with the S94
zone to the south.
(
The area to which the .p. modifying district is applied consists of two or more
properties under separate ownership wherein coordination regarding access, on-site
circulation, site planning, building design and identification is necessary to enhance the
public convenience, health, safety and general welfare.
The subject property and the surrounding property to the north, west and east included
within the l8.2-acre expanded Palomar Trolley Center project are under 10 different
ownerships. The .p. modifier will require design review of future site plan(s) to ensure
conformance with the design concept guideline booklet outlining the design objectives for
the l8-acre expanded project.
The Precise Plan Guidelines to be attached to the property shall include the following provision:
2.
a. The City of Chula Vista shall enforce any appropriate legal mechanism sponsored by the
Chula Vista Elementary School District and the Sweetwater Union High School District
to mitigate impacts on school facilities.
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ATTACHMENT 2
SUPPLEMENTAL INFORMATION RELATED TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND PACIFIC SCENE ON THE
PALOMAR TROLLEY CENTER PROJECT
The agreement between the City and Pacific Scene which was entered into on August 28,
1990 included several project related amenities that were to be pursued as part of the
expanded 18.2 acre project. These amenities, as well as the issues of tenancy, acquisition
of expansion parcels, and tenant selection are d~cussed below.
1. Amenities
The Semi-Exclusive Negotiating Agreement requires the expanded project to either
include or seriously consider several community serving uses: These include: (a) an
on-site daycare center; (b) a traffic circulation loop which links the MlDB station,
the Trolley Center, and Jayken Way; (c) a linear park with bike and pedestrian paths
in the SDG&E right-of way; (d) a high volume entertainment center and (e) a
community center. A discussion of each of these amenities is provided below:
a. On-Site Daycare Center
The Semi-Exclusive Negotiating Agreement requires Pacific Scene to
construct a daycare center at their sole cost on land adjacent to the trolley
station which is leased or owned by MlDB. This requirement applies only
if an appropriate site is tendered to Pacific Scene by MlDB and a qualified
operator can be retained.
Pacific Scene and MIDB have. explored the feasibility of an on-site or
adjacent daycare center. Due to the potential health hazards from
electromagnetic radiation from the high tension lines crossing the MlDB
property, MIDB would not be comfortable with such a use. As an
alternative, Pacific Scene has made substantial progress in identifying a
daycare site across from the Palomar Trolley Station at the comer of
Industrial Boulevard and Ada Street. It is anticipated that a 6,000 square foot
day care center, suitable for serving approximately 100 children per day, will
be constructed as part of a small housing development at the comer of Ada
Street and Industrial Boulevard. Pacific Scene has identified a daycare
operator that is interested in providing the daycare service. Pacific Scene and
Agency staff are facilitating dev:lopment of the daycare center with the
property owner.
7.../7-
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b.
Traffic Circulation Loop
The expanded plan agreement calls for a traffic circulation loop which would
link the MIDB trolley station, the project, and Jayken Way. The intention
of this provision was to accommodate traffic flow between the trolley station
and the center, and to provide alternative northbound travel from the
industrial park on the south through the project to Palomar Street and
Interstate 5.
Bus and auto cirbulation designs between the trolley station and the project
are being developed for the project, the exact design of which will be
addressed further in the process. However, at this point it appears that it
would be undesirable to connect a traffic circulation loop for the project with
Jayken Way for the following reasons:
1. The industrial park to the south, served by Jayken Way, does not
generate heavy traffic. The northbound traffic from the park can be
accommodated by the existing road system.
2. Connecting Jayken Way to Palomar Street would necessitate either
taking traffic through the middle of the commercial center or carrying
it parallel within a significant section of the SDG&E right-of-way to
the trolley station. Neither design is desirable. Taking Jayken Way
through the commercial center would split the center in a fashion
which would be detrimental to the design of the center and would
create a dangerous interface of pedestrians and vehicles. Running
Jayken Way in an east/west parallel direction within the SDG&E
right-of-way would be unacceptable to SDG&E, which desires to have
perpendicular road crossings of its right-of-ways, and might be in
conflict with SDG&E's future plans for upgrading the load capacity of
the transmission structures in its right-of-way.
The conceptual plans generated by Pacific Scene do provide for a
service road along the outside of the project running parallel to the
SDG&E right-of-way.
c.
Linear Park
The Semi-Exclusive Negotiating Agreement ca1ls for Pacific Scene to make
a good faith effon to provide a linear park in the SDG&E right-of-way to the
south of the project, with bike and pedestrian trails. Pacific Scene's architect,
James Leary & Associates, has developed a preliminAry design for a 3S-foot-
wide linear park including a pedestrian and bike path and low maintenance,
drought . resistant landscaping. Pacific Scene has willingly. pursued
development of such a park with SDG&E and City staff.
~ -13
17::,- ;..3
However, there are two major issues associated with developing the linear
park at the present time. First, the health effects of electro-magnetic
radiation (EMR) have not yet been defined. The EIR for the project
concludes that exposure to EMR may be above ambient levels and could
represent a potential health risk, and therefore recommends delaying
construction of the park until after the Environmental Protection Agency
study is completed and definitive conclusions are available. Second, the
SDG&E right-of-way is designated as open space/special study area and
SDG&E is working with the City to have the special study completed. The
special study will reevaluate the land use designations for the SDG&E
corridor through the Montgomery community, taking into account land use
compatibility, park and open space needs of the Montgomery Community, and
environmental concerns. The ultimate use of this property will not be known
until the completion of the special study for the SDG&E corridor, which will
occur subsequent to consideration of the Palomar Trolley Center project for
approval. Consequently, it is City stafrs opinion that development of a linear
park as part of the Palomar Trolley Center project is premature.
d. Hiih Volume Entenainment Center
The Semi-Exclusive Negotiating Agreement ca11s for Pacific Scene to make
a good faith effort to include a high volume entertainment center in the
project if parking is available in the SDG&E right-of-way. Initial -Pacific
Scene conceptual site plans included a 48,000 square foot bowling alley in the
center, supported by 200 parking spaces in the SDG&E right-of-way.
However, Brunswick Lanes has now completed its new bowling facility in the
Rancho del Rey Industrial Park and is no longer interested in the project site.
Other bowling alley companies are not as strong financially and are now
deterred by the presence of the Brunswick Lanes facility in Rancho del Rey.
A multiplex theater has also been contemplated, again with parking in the
right-of-way. However, none of the main theater operators are interested in
the project because of the number of existing and proposed theaters in the
vicinity. A 100plex theater will be included as part of the Chuia Vista Mall
Expansion. A relocation site for the roller rink has already been identified
on "L" Street. A major problem associated with an entertainment use is that
lenders are unwilling to finance shopping centers with a major entertainment
use that ties up parking spaces for a long period of time while not
contributing to the synergism of the shopping center.
Staff is also concerned about two issues related to an entertainment use on-
site: loss of taxable sales square footagt and availability of parking. The
narrow configuration of the project site makes it difficult to provide optimum
space for large volume retailers needing 50,000 to 100,000 square feet and
ample convenient parking. This necessitates siting such uses at the west end
of the project where the property depth is greatest. An entertainment center
would have similar site needs and would therefore significantly diminish
~.
opportunities to place large volume tenants, while yielding substantially less
sales tax revenue to the City.
The good faith effort to provide an entertainment center is predicated on
obtaining parking to serve it in the SDG&E right-of-way. Two problems are
associated with providing parking in the SDG&E right-of-way. First the
parking license with SDG&E is subject to 6O-day cancellation unilaterally by
SDG&E at any time, the result of which would be an under-parked
commercial center. Second, the inclusion of commercial parking in the
SDG&E right-of-way would be inconsistent with the Montgomery Specific
Plan which designates the right-of-way as open space and would probably
obviate any future usefulness of the right-of-way as public park. As an
alternative, including the entenainment center parking in the center proper
would funher erode the available square footage for retail sales uses.
Because of the parking and financing problems, it is unlikely that an
entenainment use will be included in the center.
e. Oranie and 4th Library Site
It has been preliminarily proposed that in lieu of providing other amenities,
the developer would make some contribution to the development of an
amphitheater or community performance center that may be located adjacent
to the library at 4th and Orange. This alternative contribution by the
developer is currently being investigated by City staff.
2. Tenancy
The Semi-Exclusive Negotiating Agreement stipulates that the project be a high retail
sales tax generating commercial shopping center. The Redevelopment Agency has
the right to approve 65% of the floor area users for their potential to generate
annual taxable sales level of $150 per square foot. Pacific Scene, through the
commercial real estate firm of Flocke and Avoyer, has been soliciting tenants who
would benefit the project and satisfy the City/Agency desire for high sales taX
generators. Pacific Scene has requested and received Redevelopment Agency
approval of MegaFoods warehouse grocery store and Ross Stores as two of the
anchor tenants for the center.
3.
ACQuisition of Expansion Parcels and Tenant Selection
(
Under the Semi-Exclusive Negotiating Agreement between the Redevelopment
Agency and Pacific Scene, Pacific Scene is charged with the task of attempting to
purchase all parcels and tenant ownerships within the expanded project area. To
date, Pacific Scene has made progress and is nearing agreement with some property
owners in the expanded project area. Contact has been made with all tenants and
property owners on the site, both for notification of Owner Participation Rights as
f" IS
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required under community development law and to ascertain their willingness to sell
their property to Pacific Scene. It is anticipated that these acquisitions will take
place over the next eight to ten months and that relocations will begin within the
next year, unless the project is developed in two phases. Relocation issues will have
to be addressed jointly by Pacific Scene and Redevelopment Agency staff.
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PROPOSED PHASE II
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. PHASING PLAN
"'.......
EXHIBIT I
ATTACHMENT 3
FINAL ENVIRONMENTAL IMPACT REPORT
PALOMAR TROLLEY CENTER (EIR 90-7)
STAFF REPORT
RECOMMENDATION: That the City Council certify that the Final EIR is adequate and
complete and has been prepared in accordance with CEQA, the
State of California CEQA Guidelines and the Environmental
Review Procedures of the City of Chula Vista.
BOARD/COMMISSIONS RECOMMENDATIONS:
PLANNING COMMISSION:
The Planning Commission, at their January 22, 1992 meeting, voted 4-2 to find that the Final
EIR has been prepared in accordance with CEQA, the State of California CEQA Guidelines and
the Environmental Review Procedures of the City of Chula Vista. They also adopted the
candidate CEQA Findings and the Mitigation Monitoring Section which are in Appendix B of
the Final EIR.
MONTGOMERY PLANNING COMMIITEE
On December 16, 1991, the Montgomery Planning Committee voted 4-1-1 to recommend that
the Final EIR not be certified. The Planning Committee was primarily concerned that the issues
of traffic and economic dislocation (of existing businesses) were not adequately discussed in the
EIR, and were not adequately mitigated by the project.
SOUTHWEST REDEVELOPMENT PROJECT AREA COMMIITEE
On December 16, 1990, the Southwest Project Area Committee voted 3-1-1 to recommend
certification of the Final EIR.
A. BACKGROUND
In July of 1989 an Environmental Impact Report (EIR) was completed and certified for
the Palomar Trolley Center as it was originally proposed. At that time, Pacific Scene
proposed a community shopping center incorporating a total of 127,365 gross square feet
of building space on 12.2 acres. The project required a General Plan Amendment and
a rezone of the property from "Research and Limited Industrial" to "Mercantile and
Office Commercial". An agreement between the Chula Vista Redevelopment Agency
-2-
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and Pacific Scene for the development of an additional 6 acres of ploperty directly
adjacent to the south and east of the original project site required that a new EIR be
prepared for the expanded project.
The EIR addresses the newly proposed Palomar Trolley Center which proposes a
commercial shopping center containing 198,200 gross square feet of building space on
18.2 acres. The additional property proposed for development will require a GPA and
a rezone similar to the original project for 3 of the 6 acres.
Discretionary actions necessary for project development include the approval of a General
Plan Amendment and rezone, Montgomery Specific Plan Amendment, Owner
Participation Agreement, Tentative Map, Design Review Application and a Street
Vacation.
B.
PUBUC REVIEW OF THE DRAFT EIR
I
The Palomar Trolley Center Draft EIR was circu1ated through the State Clearinghouse
for a 4S-day public review period starting on September 16, 1991 and ending on
October 30, 1991. The City of Chula Vista public review period concluded on
November 6, 1991 with the close of the Planning Commission public hearing to receive
comments on the EIR from the public. During the public review period the document
was taken to the Southwest Project Area Committee (PAC), the Montgomery Planning
Committee and the Resource Recovery Committee (RCC) for their comments.. At the
Planning Commission meeting one (1) person, the applicant, commented on the Draft
EIR. Fourteen (14) parties commented in writing on the Draft EIR.
C.
CONTENTS OF THE FINAL EIR
The Final EIR contains the responses to comments received during the public review
period including those from Southwest Project Area Committee, the Montgomery
Planning Committee and the Resource Conversation Commission. The Final EIR also
contains responses, where appropriate, to the issues raised during the Planning
Commission public hearing. As a result of the comments received some minor revisions
were made to the Final EIR. An errata page is in the front of the document which lists
all of the pages with changes. The Final EIR also contains two addendums.
(
-3-
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Addendums
School Addendum
Upon further review of the 'Community InfIastructure - Schools' section, it was
determined that the impact to schools from this project is not a significant impact. The
addendum, including the analysis used for determining the level of significance, is
attached for your review. It is discussed in Section F-S of this report.
PhasinQ: Addendum
The Semi-Exclusive Negotiating Agreement (SENA) bas provisions for the project to be
developed in two phases. This addendum (page 10-1 of the Final EIR) addresses the
phasing of the mitigation. All mitigation n~''''ry for development of Phase 1 (15
acres) will be done during Phase 1 construction.
Upon review of the Draft EIR by the City Traffic Engineer, the mitigation for Broadway
and Main has been modified in the addendum. The revised wording can be found on
page 10-8 of the Final EIR. The new wording calls for a technical report to be prepared
prior to the issuance of building permits. If that reports concludes that this project will
only contribute a portion of the need for the improvements, then the mitigation
requirements for the improvements of Broadway and Main will be scheduled for
completion as additional projects are developed, all of which will contribute ~cially
to the improvements. The improvements will be completed at the time projected traffic
volumes show them to be necessary.
Currently work is being done on the design of the intersection improvements at
Broadway and Palomar. There will be a slight change in the geometrics to this
intersection. The changes to do not change the level of service and will accomplish the
necessary mitigation. The change is discussed on page 10-8 of the Final EIR.
D. ANALYSIS
Impact Summary: Adverse less than
Significant
Increased runoff from the project site will increase flows to off-site drainage facilities by
approximately 6%.
1.
Draina,e
Mitigation -
The developer will be responsible for off-site drainage improvements, if
necessary, based on the amount of additional flows generated by the
project. The project shall incoIJlOrate into the site design any of the flow
reduction measures out.J.inF-d in the Drainage Study which are feasible, if
such flow reductions are deemed necessary by the City of Chula Vista
Engineering Department.
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2.
T ...nd Use
Impact Summary: Significant, mitigable
The expanded project is inconsistent with the existing industrial zoning and designations
for three acres.
Mitigation - The developer shall submit a General Plan Amendment changing land use
designations of 2.0 acres of research and limited industrial and 1.0 acre
of institutional to 3.0 acres of "Mercantile and Office CommerCial"; the
developer shall also submit a rezone for 3.0 acres of land zoned as
"Limited Industrial" (I-L-P) to "CentIal-COmmercial" (C-C-P).
3.
Aesthetics
Impact Summary: Adverse, less than
significant
Existing viewshed will be changed from vacant land to a large commercial center.
.
Mitigation - All development guidelines outlined in the planning concepts for the
Palomar Trolley Center shall be implemented along with applicable
policies contained in the Montgomery Specific Plan.
4.
Social Factors
Impact Summary: Adverse, Less than
Significant
The vacancy rate of neighborhood-serving commercial retail may be increased from 6.5
% to 13.1 % by adding the 87,400 square feet of neighborhood~serving commercial retail
to the market area as proposed by the project. (The remaining 110,800 square feet of
the project will be regional-draw retail.)
Mitigation - Potentially adverse impacts can be mitigated by adherence to the Semi
Exclusive Negotiating Agreement (SENA) between by the Chula Vista
Redevelopment Agency and. the developer. The SENA contains a clause
restricting the developer from leasing or selling to tenants or purchasers
greater than 15,000 square feet of floor area until the Redevelopment
Agency has approved the tenant. The Redevelopment Agency will ensure
by the clause that the impact on neighborhood-serving retail commercial
is minimized. In addition, on-going Redevelopment Agency activities will
work to revitalize existing shopping centers within the Redevelopment
Area boundaries that may be negatively impacted.
-5-
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s.
Community Infrastructure
Impact Summary: less than
Significant
Schools
The Draft EIR for the project determined that the impact to schools from the project was
significant. Upon further review of the .Community Infrastructure - Schools. section
in the Draft EIR, it was determined that the impact to schools from this project is not a
significant impact. The addendum concludes that the availability of school facility fees
and the present tax revenue value of residential projects reasonably assumed to annex to
Mello-Roos CFD IS reduced the potential impact to a level of less than significant. The
addendum, including the analysis used for determining the level of significance, is
included in the Final EIR in Section 11.
Other Public Services
Implementation of the proposed project will increase demand for public services such as
FirelEMS, police protection, and recreational facilities within the project area. The level
of service provided by the City will adhere to the goals and policies outlined within the
City's Threshold/Standards Policy to reduce impacts to these areas.
The Community Infrastructure section includes several categories. FirelEmergency
Medical Services which is considered to be an adverse but not significant impact; Police
Protection is adverse but not significant; and Recreation which is an adverse'but not
significant impact.
7.
Ene~2Y
Impact Summary: Not Significant
The proposed project will increase electricity consumption 132.8% and natural gas
consumption 157.1 % above that consumed by existing on-site development. However,
energy consumption for the proposed project is less than what would occur under
development of the project site according to the Montgomery Specific Plan. Therefore,
this impact is considered to be less than significant because SDG&E has the necessary
facilities to provide the service.
Mitigation - Although the impact is not significant, the following mitigation is
recommended to further reduce energy consumption within the project:
The developer shall implement energy conservation measures into
construction and adhere to Energy Commission standards in construction.
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8.
Utilities
Impact Summary: Significant, mitigable
The proposed project will use 257% more water, generate 303% more sewage and
191.8% more solid waste than the existing development. However, development in
conformance with the Montgomery Specific Plan would use an additional 118.2% of
water and generate an additional S% more sewage and an additional 60% more solid
waste than the proposed project.
Mitigation - Although the impact is not significant, the following mitigations are
recommended to further reduce energy consumption within the project:
a) The developer shall implement project water conservation measures, source
control devices at food processing businesses and a recycling program;
b) The project shall adhere to State Energy Commission standards in all new
construction.
c) Developer shall pay fees to mitigate water consumption impacts in accordance
with whatever program is in effect at the time building permits are issued.
9.
Human Health
Impact Summary: Adverse, less than
significant
Persons will be exposed to low-level soil contamination on-site that has occurred from
a variety of hazardous materials, and possibly to above ambient levels of electromagnetic
radiation for short time periods from energy transmission lines.
Mitigation - a.
The developer shall remove underground tanks, perform soil .
testing for several possible contaminants, and remove any
contaminated soil from the site as required;
b. Construction of the linear park shall be delayed until significance
of EMR exposure can be determined from an EP A report in
progress.
10. Transoortation
Impact Summary: Significant, mitigable
Impacts -
a.
Roadway segments within the study area, including Palomar Street
between Industrial Boulevard and Orange Avenue, will be
impacted by the proposed project.
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b. Some intersections within the study area will experience lower
levels of service, however, they will not be reduced to below
acceptable levels of service.
c. Three intersections including Project Entrance/Palomar Street,
BroadwaylPalomar Street and BroadwaylMain Street will operate
below accepted levels of service without mitigation.
Mitigation - a. Widen Palomar Street between Industrial Boulevard and Orange
Avenue to a six-lane major street to the satisfaction of the City
Traffic Engineer.
b. Install a traffic signal at the proposed intersection of Palomar
Street/project entrance and construct geometric improvements to
thein~on. .
c. Improve the in~on of Palomar Street/Broadway with new
lane geometries.
d. Improve the intersection of Palomar StreetfI'rolley Station entrance
with new lane geometries.
e. Improve the intersection of Main Street/Broadway with new lane
geometries. (See addendum page 10-8, the de.tails of this measure
are subject to further study.)
f. Various on-site internal circulation improvements and ingress and
egress restrictions such as limited turning movements, vehicular
access between the MTDB Trolley Station and the proposed
project, etc. are recommended; however, they are not necessary to
. mitigate traffic impacts.
E. ALTERNATIVES
CEQA requires description of a range of reasonable alternatives to the project or to the
location of the project, which could feasibly attain the basic objectives of the project, and
to evaluate the comparative merits of the alternatives. The discussion of alternatives
shall focus on alternatives capable of eliminating any significant, adverse environmental
effects or reducing them to a level of less than significant, even if these alternatives
would impede to some degree the attainment of project alternatives, or would be more
costly.
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No ProiectINo DevelQpment
No changes to the existing land use would occur with this alternative. The existing uses
will remain and no improvements will be done.
RedurHl Commercial Development
This alternative assumes a 10" reduction in the amount of commercial development.
Impacts would not be significantly reduced by this alternative. The Land Use impact
would remain significant and still require a General Plan amendment and a rezone. The
10" reduction to energy consumption and utilities would not represent a substantial
reduction to impacts. Traffic would be decreased by approximately 1,000 trips per day,
which would reduce impacts to the surrounding circulation system. The Human Health
impact would remain substantially the same even with the 10" reduction. Although a
10" reduction in the amount of commercial development may reduce the amount of
impact, the reduction is not considered substantial.
Alternative Access Alternative
(
This alternative would provide the project site with an alternate access route using Jayken
Way which is located just south of the project site. It would provide an additional access
point for vehicles, instead of being restricted to bicycle and pedestrian traffic as called
for by the current design.
This alternative would have land use impacts. A major redesign would be necessary to
remove the pedestrian plaza and modify the main entrance to provide for a throughway.
The alternative would equate to only minor reductions to traffic related impacts. All
other impacts would remain similar to those of the proposed project. The alternative
aCcess alternative could result in conflicts between pedestrians and vehicles within the
shopping center and conflicts between pedestrians and bicyclists. Extending Jayken Way
through the project would expose both pedestrians and bicyclists to increased safety
hazards from cars using the roadway.
Residential DevelQpment Alternative
This alternative would develop the site with high density residential uses instead of the
proposed commercial retail center. The basis for this alternative is a report recently
released by the State of California to bring attention to local policy boards of the need
for housing located next to rail transit lines.
It is difficult to compare this alternative which has no conceptual plan with the proposed
project. Even if it is assumed that a residential project would be allowed to cover
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approximately 50% of the site, with the rest of the site being devoted to parking, open
space, walk ways, etc., it is impossible to determine if there would be an increase or
decrease of drainage impacts without a cIetailed drainage study.
Land Use impacts would be similar since a General Plan Amendment and rezone would
still be necessary. Impacts to energy and utilities would be about the same. Although
a residential project would use less electricity and gas, it would require more water and
produce more liquid and solid waste than the propOsed project.
Traffic impacts would be less due to the reduced traffic that would be generated by a
. residential development as opposed to a commercial development.
A large number of high density projects are already developed in the immediate area that
could provide easy access to the Trolley. Although development of the site with a
residential use would provide greater access to public transportation by a larger number
of people, such a development would not meet the project's objectives. Such a
development would have a direct population related impact on such community facilities
as schools and parks.
When compared with the proposed project, a residential alternative would probably result
in a similar or maybe more adverse level of overall environmental impacts.
Alternative PrQject Site
Three alternative sites for the project were analyzed in the Draft EIR. There is one site
located in the City of National City, and two sites located in the City of Chula Vista.
Alternative Site #1
Alternative Site #1 is located in the southwestern portion of the City of National City
west of Interstate 5 off the 24th Street exit. It consists of vacant land which is west of
and directly adjacent to a wetland area. The site is designated Commercial-Tourist and
lies within the City of National City's Coastal Zone.
Drainage impacts would be similar to the proposed project site. Land Use impacts would
be the same or greater. A General Plan Amendment and rezone to commercial shopping
center would be needed as well as an amendment to the Loca1 Coastal Plan since the site
is in that City's Coastal Zone. The site has close proximity to the Sweetwater River and
therefore impacts would result from the location of the shopping center in close
proximity to sensitive wetlands. Impacts to energy and utilities would remain the same.
Transportation impacts would be similar to or greater for this alternative site. The
potential impacts to human health would be alleviated since there are no EMR issues
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associated with this site. Pedestrians would have to cross both a freeway off-ramp and
on-ramp to use the trolley, thus increasing safety risks to trolley users.
Alternative Site #2
Alternative Site #2 is located within the southern portion of the City of Chula Vista just
east of Interstate 805 and south of Otay Valley Road. It consists of open space and
vacant land and is within Chula Vista's Eastern Territories. Access is provided by
Interstate 805 and Otay Valley Road.
The impacts to land use and transportation would be similar, although the circulation
system under the alternative would be better able to handle project related traffic. All
other impacts would also remain similar to those of the proposed project.
This alternative is not near the trolley system and therefore would not meet one project
objective of providing shopping near the trolley.
Alternative Site #3
Alternative Site #3 is located within the southeastern portion of the City of Chula Vista,
directly south of Telegraph Canyon Road and directly east of future State Route 125.
It is located within Chula Vista's Eastern Territories and is designated as Retail
Commercial in the Chula Vista General Plan. Access would be provided by Telegraph
Canyon Road off of SR 125.
Impacts to drainage will be reduced because the drainage system being put into place as
development occurs will be better able to handle on and off-site drainage requirements.
Land use impacts will be eliminated because of the alternative site's commercial
designation. As such, no GP A or rezone would be required prior to development of the
site. Impacts to transportation would be reduced by the new circulation system being
constructed, as development of this area occurs.
This site does not meet project objectives of providing easy, convenient access to the
trolley system, providing complete planning for the entire project area and providing the
Montgomery Planning area with a revenue generating commercial center.
F. CONCLUSION
In summary, all significant impacts of the project can be mitigated to a level of less than
significant. Project alternatives were analyzed, with no alternative clearly
environmentally superior.
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MINUTES OF A CONTINUED SCHEDULED MEETING
MONTGOMERY PLANNING COMMITTEE
Chula Vista, California
6:00 p.m.
Monday, December 16, 1991
Conference Room 1
Public Services Building
CALL MEETING TO ORDERIROLL CALL: Meeting was called to order at 6:05 p.m. by
Chairperson Wheland. Roll call was taken: Present - Berlanga, Wheland, Castro, Scheuer,
Palmer, McFarlin. Absent - Platt.
APPROVAL OF MINUTES: It was moved and seconded ICastrolBerlanga) to approve the minutes
of November 6, 1991: motion carried 5-0-1: McFarlin abstained.
Clay Platt arrived at 6:10 p.m.
ORAL COMMUNICATIONS: None.
OLD BUSINESS: Hal Rosenberg, Traffic Engineer, reported on the raised median on Otay Valley
Road, includinlj hazards caused by the commercial truck traffic in the residential area. It is noted
that the dumping of trailers within the city is also prohibited. It was MSUP IPalmer/McFarlin)
to verify whether there is an existing policy relating to parking of commercial trucks within the
City of Chula Vista and if so, whether it is enforced.
For next agenda, Platt requested item on storage of vehicles for auction.
It was MSUP IPalmer/Scheuerl to postpone the discussion on the Otay Valley Road median
problem to the January 8th meeting.
PUBLIC HEARING:
Debbie Collins of Lettiere/Mclntyre presented an overview report on the final EIR Review maps
and the GPA.9 1 -04, PCZ.g 1.F; City initiated proposal to amend the Generar Plan and to rezone
certain 3 acre territory located south of Palomar Street between Broadway and the MTDB
Palomar Trolley Station. Marilyn Ponseggi, consultant, detailed some points of the final report.
Committee comments mainly noted the inadequacy of addressing the traffic problems and
congestion of that specific area. All areas of concern would be mitigated after the whole area
is rezoned. Problems of development in the highest density in the Montgomery area were reised.
Consultants noted that impact studies were conducted.
It was moved and seconded ICastrolBerlanga) to certify the Final EIR (FEIR-S1-o2) for the
Palomar Trolley Center as adequate; motion failed 2-4-1 IMcFarlin abstained - has no decision
as to CEOA requirements).
At 7:40 p.m. the Public Hearing was opened and immediately closed with no ~b1ic
requesting".' to .speak.
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Montgomery Planning Committee
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December 16. 1991
It was moved and seconded (ScheuerlPlett) to deny the resolution to amend the General Plan
by redesignating tha 3 acres depicted in Exhibit A from -Research and Limited Manufacturing"
to -Retail Commercial"; motion passed 4-1-1 (Berlanga abstained -approves CECA requirements
but not the project). .
It was moved and seconded (ScheuerlPafmer) to deny the resolution to emend the Montgomery
Specific Plan by redesignating the 3 ecres depicted in Exhibit B from -Research and Limited
Industria'" and -Other" to -Mercantile a. Office Commercia'"; motion passed 4-1-' (Berlanga
abstained - approves CECA requirements but not the project).
It wes moved and saconded (ScheuerlPalmer) to deny an ordinance to change zone classification
from I-L-P to C-C.p for the 3 acres depicted in Exhibit C, including adoption of the supplemental
findings for application of "P" modifier; motion passed 4-1-' (Berlanga abstained -approves
CECA requirements but not the project).
McFarlin left the meeting at 7:40 p.m.
INFORMATION ITEM: The election of Officers will be held in next fiscal year June/July.
CHAIRMAN'S REPORT: Wheland will report on the SR-125 meeting she attended this past week
after the minutes are received.
I COMMITTEE COMMENTS:
Tony Castro withdrew from the Otay Regional Park Advisory Committee and asked Joe Berlanga
be appointed in his place. It was MSUP (Platt/Palmer) to appoint Berlanga to Slid committee.
Berlanga commended the staff and the Planning Committee on all its accomplishments for the
past year.
Platt commented this was really his first EIR he has had to review.
STAFF COMMENTS: Thanks for support and for projects that come forth. Human factor needs
to be included in these project as they are not clarified with computer data.
ADJOURNMENT: The meeting was adjourned by Chairperson Wheland at 8:00 p.m.
Respectfully submitted.
EXPRESS SECRETARIAL SERVICES
r0(i.u.Ul~ta- ~
Barbara Taylor
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EXCERPT FROM PLANNING COMMISSION MEETING
UNO:t~~~BAl. f~1wN1Ut~{~=
PC Minutes
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January 22, 1992
ITEM 1.
CONSIDERATION OF FINAL ENVIRONMENTAL IMPACf REPORT FOR
THE PALOMAR TROLLEY CENTER, EIR-91-m AND CANDIDATE CEQA
FINDINGS (Continued from 1-8-92 meeting)
Community Development Specialist Abbott gave the background of the project and stated the
goals of the Redevelopment Agency. He said the daycare center was making substantial
progress on property at the comer of Ada and Industrial directly west of the trolley station;
pedestrian and traffic links would be included in the proposed design of the project;
improvements to Palomar and Broadway were specified in the conclusions of the EIR with a cost
of approximately $1.7 million; the linear park was not anticipated to be constructed as part of
the project because the issues of high tension wires and potential negative health affects had been
referred to a study scoped jointly by SDG&E and City Planning to determine the ultimate uses
of all SDG&E right-of-way projects within the City; and entertainment uses were still being
studied because of parking issues.
Environmental Consultant Ponseggi, Project Manager for the EIR for the City, stated that on
November 16, 1991, the Planning Commission held a public hearing to receive comments on
the Draft EIR. On December 16, 1991, the Southwest Project Area Committee voted to
recommend certification of the Final EIR. The Montgomery Planning Committee also met on
December 16, 1991, but did not certify the EIR; there was no formal action stating why the
document was not adequate or complete according to CEQA. Questions raised by the
Committee members concerned traffic within the area, the widening and improvements of
Palomar Street, and how they would ultimately be accomplished. The applicant had prepared,
and the City Traffic Engineer had reviewed, a tentative plan as to how that could be done, which
was available for the Commission to review.
Ms. ponseggi stated that the Final EIR contained two addendums, one of which addressed the
possible phasing of the project, and the other addressing school impacts. All mitigations
necessary to support the development of Phase I would be accomplished during the construction
of Phase I. Ms. Ponseggi recommended certification of the Final EIR for the Palomar Trolley
Center, adopt the Candidate CEQA Findings and the Mitigation Monitoring Program. Based
on some of the changes regarding the school impacts, there were some changes to be made to
the EIR to be entered into the record: page 5 of the Mitigation Monitoring package, references
to school mitigations would be deleted; page 2-8 of the Executive Summary referencing school
mitigation would be deleted; page 12 of the Mitigation Monitoring would be deleted to reflect
the modification in the wording for the Addendum for the transportation mitigation at Broadway
and Orange on page 10-8 of the Addendum; the Executive Summary on page 2-6 would be
modified to incorporate the new .wording for the Broadway/Orange intersection; the findings
under Section 3, number 5, of the Candidate Findings would be modified to reflect the change
in wording on 10-8 that referred to Broadway and Orange.
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1anuary 22, 1992
Commissioner Carson asked to have the graphic shown on the overhead screen for the audience.
Dan Marum of JHK &. Associates, the traffic engineers on the project, explained that the graphic
was a preliminary graphic which had been included in the Final BIR, and discussed the
geometries and design of the intersection and the reduced impact that the geometric configuration
would have on the widening and right-of-way requirements on Palomar Street to merge the
widening which would take place on Palomar in front of the project site with the segment of
Palomar between Orange and Broadway.
Commissioner Martin asked if the child care center would be off site, across from the train
station.
Community Development Specialist Abbott answered that it would be across Industrial Boulevard
west of the trolley station. The daycare center itself was conceptually proposed to have duplexes
developed on part of the site, and approximately 6,000 sq. ft. of building, and outdoor play
space.
Chair Fuller noted that even though this was not a public hearing, there were requests to speak
to this item. Upon concurrence of the other Commissioners, she recognized the speakers.
Lee Wheeland, 1630 Walnut Drive, Chula Vista 91911, representing the Montgomery Planning
Committee, stated the Committee had voted for denial. Throughout their deliberations, they
were concerned about the schools and the impact not only on the people coming into the area,
but the people working there; the traffic situation-it had been a major problem and the
mitigation efforts which had previously been made had not been effective; the type of businesses
going in were the same as existing and they were concerned it would further blight the
neighborhood when the businesses went out of business. She stated she was available to answer
any questions.
Commissioner Tuchscher asked if it was the intention of the Montgomery Planning Committee
to not approve. By not voting to approve, were they in essence giving the Planning Commission
a recommendation not to approve'] Ms. Wheeland confirmed that the motion was to approve,
and the Montgomery Planning Committee denied it.
Commissioner Tuchscher asked if the Montgomery Planning Committee had taken the Project
Area Committee's information into account. Ms. Wheeland said the PAC was expressing some
of the same concerns-the traffic, businesses, economics, and schools. Even though the PAC
had approved the project,. their information had been carried to the Montgomery Planning
Committee meeting.
{
Chair Fuller asked if it was the Committee's feeling that some other type of project should be
considered for this area rather than the retail. Ms. Wheeland said they did not want more pads,
more fast-foods, more pollution, etc.
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January 22, 1992
Commissioner Carson said one of the alternatives in the EIR was to Ieduce commercial
development. She asked if the Montgomery Planning Committee would lean more toward that.
Ms. Wheeland stated that anytime the density could be lowered, along with the traffic problems
and pollution, the Committee would definitely look at it, something more environmentally
superior. .
Commissioner Tugenberg commented that he would like the consultants to use the word wwill
mitigalew instead of Wmay be mitigated. W
Kate Shurson, representing Chula Vista City Schools, distributed a 1etter from the
Superintendent, and said that the District was extremely concerned about the last-minute
addendum to the Palomar Trolley Center Draft EIR which reversed the findings from significant
to insignificant impacts on school facilities. Ms. Shurson stated the analysis was flawed,
speculative, and contained unsubstantiated assumptions. One of the major problems facing the
School District in Western Chula Vista was growth in student enrolment where there was little
or no new residential development. She said fees could only be collected when new
development was proposed and constructed; even if 190 new homes were built, their
construction and/or participation in Mello-Roos District financing was not a condition of
approval for this project and could not be guaranteed. The School District asked that the
Commission reject the Addendum to the Palomar Trolley EIR and consider the original findings
or cause a revised document to be prepared and circulated in conformance with. CEQA
regulations. She also asked that the following comments be added in the record:wCEQA
Section 15164, which is cited by City staff as the authority for the Addendum, specifically states
an Addendum to an EIR can be prepared if:
'I. None of the conditions described in Section 15162 calling for preparation of a subsequent
EIR have occurred.
2. Only minor technical changes or additions are necessary to make the EIR under
consideration adequate under CEQA. '
WSeveral conditions from this Section 15162 have occurred, which according to CEQA, require
preparation of a subsequent EIR. Substantial new information in the form of the consultant's
analysis has become available along with mitigation measures not previously considered in the
EIR. These mitigation measures theoretically would substantially lessen one or Blore significant
effects on the environment. Clearly, changing a finding of significant to insignificant is a
substantial change, not a minor technical change or an addition, and it renders the addendum
internally inconsistent with the EIR text. Section- 15162 also requires 'If the EIR has been
completed but the project has not yet been approved, the lead agency shall prepare a subsequent
EIR before approving the project.' In conclusion, we believe the use of an addendum for the
Palomar Trolley Center is procedurally inconsistent with CEQA, as well as contrary to the -
intended spirit of consultation and cooperation contained in the environmental process. W
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January 22, 1992
Commissioner Tugenberg asked, if the project went to Mello-Roos District financing, would it
be next to an established Mello-Roos District. Ms. Shurson answered affirmatively, and stated
that commercial development paid 16.67% of the rate charged residential.
Commissioner Tugenberg asked if a new Mello-Roos District were established, what would be
the chances of an underwriter selling the bond issue. Ms. Shurson said certificates of
participation could be sold instead of the bonds themselves, which are guaranteed by the District
general fund rather than by Mello-Roos property.
Commissioner Decker questioned if Ms. Shurson's opinion on the procedure was an
administrative opinion or if it had been considered by their legal department. Ms. Shurson said
. she had spoken to counsel, although it was not a legal opinion.
Commissioner Decker asked if the City Attorney would respond. Assistant City Attorney Rudolf
stated they had assisted through the process of the preparation of the Addendum, and it had been
reviewed by outside special counsel . on CEQA. . He was satisfied that the requirements
authorizing the preparation of the Addendum under the circumstances had been met, and
disagreed with the judgment call.
Commissioner Tuchscher asked that staff comment on Ms. Wheeland's statement about
businesses in the area being hurt.
Community Development Specialist Abbott replied that the questions about economic impact
were brought up in both the Project Area Committee and the Montgomery Committee, and the
mitigation listed in the EIR for the negative impact on businesses in the area was that the
Redevelopment Agency had approval authority for any user within the project in excess of
15,000 sq. ft. Agency staff and the Redevelopment Agency were using that in order to require
that the developer put into the project the kinds of uses that would have less impact on the
surrounding neighborhood than would some other kind. Two users had been approved by the
Redevelopment Agency-Mega Foods and Ross Clothing Stores.
Commissioner Carson was concerned with the small businessmen who no longer could compete;
when the building became vacant, how would the problem be solved. Mr. Abbott answered that
the study identified some potential negative impact, but the impact to the existing business people
was reduced sufficiently by the requirement that large users be predominant in the project, and
allows the Redevelopment Agency the require that the larger regional-serving users would be
the ones incorporated in the center. Staff would not recommend the kind of users that would
compete directly with the smaller business people.
f
Commissioner Carson felt the traffic mitigation was still questionable with the large clientele
frequenting the larger businesses and trip generation. Dan Marum of 1HK explained the
methodology used in the traffic analysis, and noted that if the impact exceeded the threshold
standard, there could be additional studies done at that site to require that development to
mitigate those impacts.
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January 22, 1992
Commissioner Martin questioned staff regarding the daycare center and use of schools in the
area by other members of the family. Had there been studies1 Ms. Ponseggi noted that with
the type of daycare center being considered, MTDB had similar daycare centers in other areas
and people dropped the children off near the trolley station, and then went on to work.
Chair Fuller, referring to the letter from Dr. Vugrin of the Chula Vista School District, noted
this was the first time the Superintendent himself had written the Commission a letter. She
asked staff to explain again why the addendum was added to the EIR and what it says to the
project in particular.
Ms. Ponseggi clarified that the original EIR which had been certified for the 12-acre site had
not addressed schoof'impact because that EIR was prepared prior to the SANDAG Study, and
at that time it was recognized that there was no impact. As the Candidate Findings regarding
schools were being prepared, staff went back and looked at the SANDAG Study again and
n'.lIli7~ some of the assumptions taken from the SANDAG Study were not correct.
Chair Fuller was concerned that the consultant and staff had apparently done the addendum
without discussion with and concurrence of the School District.
Ms. Ponseggi answered that John Bridges, the consultant, had extensive discussions with Ms.
Shurson of the School District as to some of the assumptions he used in prepar,ing the
Addendum.
Chair Fuller was concerned that after the meeting of January 8, without notice to the District,
the project was continued in order to completely reverse the EIR findings regarding school
impact. She asked why after significant input and public review was this change made with no
notification to the agency responsible for providing school facilities. They had been advised of
the addendum by phone, but the actual document had not been provided until January 21.
Community Development Specialist Abbot said that they had communicated with the School
District when they reali7ed the addendum was necessary. Deputy City Manager Krempl and
Community Development Director Salomone had discussed the addendum with Ms. Shurson on
the phone and subsequently the District was provided the addendum as soon as possible.
MSC (I'ugenberglDecker) 4-2 (Commissioners Fuller and Carson voted against; Commissioner
a"mu absent) to certify the Final EIR, as amended and revised, has been prepared in.
accordance with CEQA, the State of California CEQA Guidelines and the Environmental Review
Procedures of the City of Chula Vista.
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PC Minutes
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January 22, 1992
ITEM 2.
PUBLIC HEARING: GPA-91-04 AND PCZ-91-F: CITY-INITIATED
PROPOSAL TO AMEND THE GENERAL PLAN FROM "RESEARCH AND
LIMITED MANUFACTURING" TO "RETAIL COMMERCIAL,. TO AMEND
THE MONTGOMERY SPECIFIC PLAN FROM "RESEARCH AND LIMITED
INDUSTRIAL" AND "OTHER" TO "MERCANTILE AND OFFICE
COMMERCIAL," AND TO REZONE FROM I-L-P TO C-C-P CERTAIN
3-ACRE TERRITORY LOCATED SOUTH OF PALOMAR STREET
BEIWEEN BROADWAY AND THE MlDB PALOMAR TROLLEY STATION
(Continued from 1-8-92 meeting)
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Principal Planner Howard introduced Debbie Collins of Lettieri-McIntyre & Associates who
noted that the original 12 acres of the project was already designated for commercial use;
however, the City Council desired an expanded IS-acre commercial project, extending easterly
to Broadway and southerly to the SDG&E right-of-way. Council therefore approved the 12-acre
project under the condition that Pacific Scene not pursue development of that project until they
had pursued an expanded IS-acre project. The reasons for desiring an expanded project was to
provide for comprehensive planning of the area, and to provide additional sales tax and tax
increment generation from the project. The 3 acres located to the south of the 12-acre project
required a plan amendment and rezone. Without the proposed action, there would be a 3-acre
landlocked parcel of industrial and institutional uses lacking street frontage and landlocked by
the surrounding commercial development.
This being the time and the place advertised, the public hearing was opened.
Nancy Palmer, representing the Montgomery Planning Committee, was available to answer
questions.
No one else wishing to speak, the public hearing was closed.
Commissioner Tuchscher asked staff if the discretionary action required the project to come back
before the Planning Commission. Ms. Collins answered negatively. The action before the
Commission was only for the 3 acres; the original 12-acre project already had the plan
amendments and rezonings approved. The additional discretionary action remaining for the
project would be required to go through Design Review, and the EIR addressed some of the
design issues. The Owner Participation Agreement would go to the Redevelopment Agency.
MSC (Deckertrugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casma~
absent) to recommend that the City Council adopt the CEQA Findings and Mitigation Monitoring
Program.
(
MSC (Deckertrugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casma~
absent) to recommend that the City Council adopt a resolution to amend the General Plan by
redesignating the 3 acres depicted in Exhibit A from "Research and Limited Manufacturing" to
"Retail Commercial."
I/"- ~.s.:.
1'" 3
PC Minutes
-8-
January 22, 1992
\
MSC (DeckerlTugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casillas
absent) to n:commend that the City Council adopt a resolution to amend the Montgomery
Specific Plan by redesignating the 3 acres depicted in Exhibit B from "Research and Limited
Industrial" and "Other" to "Mercantile and Office Commercial."
MSC (DeckerlTugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casillas
absent) to n:commend that the City Council adopt an ordinance to change the zoning
classification from "I-L-P" to "C-C-P" for the 3 acres depicted in Exhibit C. including adoption
of the Supplemental Findings for the application of the P Modifier.
~
1"ll'-\
EXCERPT FROM PLANNING COMMISSION MINUTES
PC Minutes
CJ"~"~ ....,,~--
.: !'. :. -. .. -,- ;.., -~ ~
".... '-'-' '. -'. ':l ,,'
.. .J ... '-.:,,--~_-.:.
,'J~r':"''' ';"-:.,..January 8,1992
"
ITEM 2.
CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR
THE PALOMAR TROLLEY CENTER, ElR-91-02 AND CANDIDATE CEQA
FINDINGS
ITEM 3.
PUBLIC HEARING: GPA-91-04 AND PCZ-91-F: CITY-INITIATED
PROPOSAL TO AMEND THE GENERAL PLAN FROM "RESEARCH AND
LIMITED MANUFACTURING" TO "RETAIL COMMERCIAL", TO AMEND
THE MONTGOMERY SPECIFIC PLAN FROM "RESEARCH AND LIMlTED
INDUSTRIAL" AND "OTHER" TO "MERCANTILE AND OFFICE
COMMERCIAL", AND TO REZONE FROM I-L-P TO C-c-P CERTAIN 3
ACRE TERRITORY LOCATED SOUTH OF PALOMAR STREET BETWEEN
BROADWAY AND THE MTDB PALOMAR TROLLEY STATION
Assistant Planning Director Lee stated that the item was being reviewed and addendum written;
therefore, he requested a continuation to the meeting of January 22, 1992. That request also
included the public hearing.
MSUC (Decker/Martin) 6-0-1 (Commissioner Tugenberg had temporarily left the dais) to
continue Items 2 and 3 to the meeting of January 22, 1992.
~
(~4S
MINUTES.
SOUTHWEST PROJECT AREA COMMITTEE
CITY 'OF CHULA VISTA. CALIFORNIA
December 16, 1991
4:30 p.m.
Conference Room 1
Public Services Building
CALL TO ORDERlROLL CALL
The meeting was called to order at 4:45 p.m.
PRESENT: Vice Chair lones, Members Wheeland, LaGuardia, McFarlin, Silva
ABSENT: Chair Brown, Member Olalde
STAFF: Community Development SyN"list Lance Abbott; Associate Planner Frank
Herrera-A; Consultant Marilyn Ponseggi; Environmental Coordinator Doug Reid;
Mike Mezzi of Cotton Beland & Associates; Bill Anderson of ERA Associates;
Debbie Collins of LettierilMcIntyre Associates
1. APPROVAL OF MINUTES from the meetings of October 7 and November 4, 1991
MSC (Wheeland, McFarlin) to approve the minutes or October 7 and November 4, 1991
<5-0-2).
2. REPORT: Final EIR, Palomar Trolley Center
Debbie Collins of Lettieri, McIntyre and AsSociates made the initial staff presentation on the
final EIR report on the Palomar Trolley Center project. Ms. Collins stated that the EIR
analyzed an expanded project encompassing 18.2 acres south of Palomar between Industrial and
Broadway. Twelve and two-tenths (12.2) acres of the site had previously been rezoned from
Research and Limited Industrial to Merconlile and OjJice Commercial. Three (3) acres in the
proposed project area are already zoned Commercial and a proposal to rezone the remaining 3
acres from existing Industrial to Commercial will be before the PI"nning Commission and
Redevelopment Agency in lanuary or February of 1992. Ms. Collins stated that the PAC's
previous comments on the Draft EIR had been inc:otpoIated into the final document and that
responses were listed in the Response to Com1nmts section of the EIR. Actions requested of the
PAC tonigbt are:
1. Recommendation and certification of the Final EIR and certification that the document
has been prepared in compliance with CEQA and en~ental review procedures of
the City of .Chula V1Sta.
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Southwest PAC
Minutes
-2-
December 16, 1991
2.' Adoption of a motion recommending that the City Council adopt a resolution to amend
the General Plan by redesignaling the 3 acres on the IOUth side of the. project from
Resemch and LimiIe4 MOIUifacturing to Commercial Retail.
3. Adopt a motion. recommending that the City Council, planning Commission and
Montgomery Specific Plan redesignate the 3 acres on the south side of the project from
Research and limited Industrial to Mercmrlile and Office Commercial.
4. Adopt a motion recommending that the City Council adopt an ordinance to c:blinge the
zone classification from I-LoP to C-C-P for the 3 acres on the IOUth side of the project.
After the conclusion of the presentation, Member La Guardia asked about the discrepancy
between the socio-economic statement in the EIR regarding the market for the MegaFoods
proposed for the center and its impact on existing markets. Member La Guardia quoted a study
that had been completed by MegaFoods that analyzed the impact of a MegaFoods store located
on the Palomar Trolley site and its impact on existing trade area markets.
Community Development Specialist Abbott responded that the socio-economic section of the EIR
did, in fact, recognize that there would be some impact from the Palomar Trolley Center on
existing stores. The mitigation listed in the EIR is that the Redevelopment Agency must approve
any tenant in the project over 15,000 square feet. The MegaFoods noted by Member La
Guardia, and Ross Stores, have already been approved as potential tenants by the Redevelopment
Agency. The study quoted by Member La Guardia is a marketing study conducted by
MegaFoods as part of its effort to identify market and trade areas for location of its facility at
the Palomar Trolley Center. This information was included in the overall socio-economic
analysis; however, other studies and factors were also included in the analysis.
Member La Guardia stated that it was his understanding the community would be getting
regional serving uses in the Palomar Trolley Center, but such uses are not being included in the
center. Mr. Abbott responded that the point of having the Agency's ability to approve or
disapprove tenants over 15,000 square feet was to ensure that larger, regional-serving type users
are included in the center rather than smaller, neighbOIhood-serving users. Mr. Abbott said that
the MegaFoods in question would be drawing from outside the Chula VlSta area and that it
would not be drawing solely from the existing trade areas of markets in Chula VISta. However,
Mr. Abbott also said that it is clear that some bll~ness from the existing trade area will go to
the MegaFoods and be diverted from existing markets in the Chula VlSta area. Member La
Guardia noted figures in the MegaFoods marketing report that identified a substantial portion
of the MegaFoods store to be located in the Palomar Trolley Center would, in fact, draw
customers away from existing markets in Chula VlSla. Member La Guardia made the point that
this is cannibalization of existing City business and tax revenues to the extent that customers are
simply drawn away from other markets, it w"",lrP.n, those markets and does not improve the
City's financial position at all.
(
1~41
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Southwest PAC
Minutes
-3-
December 16, 1991
-
Member McFarlin asked about the number of employees that would be provided by the
M"P1"oods and by the Palomar Trolley Calter. T1D1 Moxham, Vu:e ~tlent of Pacific Scene
Development, Inc., developers of the Trolley Calter project said that no firm figures have been
. e$tablished for projecting employment but he estim~~ that 150 persons would be employed by
Mega-Foods and that an additional ISO people would be employed in the balance of the shopping
center.
Member Wheeland said that she IeSented the fact that she was given such a short time to n:ad
such a voluminous c'o"nmMt as the Final EIR and felt "railroaded" into m~1n1\g a "....;.;on.
Member La Guardia suggested that in the future when such large dnr.nmMts are ph_cited to the
Committee, that the PAC divide up these documents into sections and that each member of the
PAC report back after a thorough analysis of a llll'l2Jler portion of the overall document.
Additional discussion ensued amongst all members of the PAC about the advisability of the
project and the impact of the project in terms of traffic and socio-economic impact on existing
stores and merchants in the project area.
MSC (McFarlin/SUva) to approve recommendation II in the staff report, that the PAC
certify the Flnal EIR 91-02 for the Palomar Trolley Center and certify that it bad been
prepared in compliance with CEQA and enviromnental review procedures of the City of
Cbula Vista and that the information contained in the Final EIR bas been reviewed and .
considered (4-1-2, Wheeland opposed).
MS (SUvaILa Guardia) to approve recommendation 13 in the staff report, that the PAC
adopt a motion recommending that the City CouncD adopt a resolution to amend the
General Pian by redesignating 3 acres depicted in Exhibit A from Research IJIUl Limited
Manrifacturing to Retail Commerdlll (3-1-2-1, Wheeland opposed; McFarlln abstained).
MOTION F.lTUn FOR LACK OF A MAJORITY.
Member Wheeland requested that it be noted in the minutes that this vote did not constitute a
majority of the existing membership of the PAC and she felt it should therefore, not serve
as a recommendation of the PAC.
MSC (SUvaILa Guardia) to approve reconnnendation 14 in the staff report, that the PAC
adopt a motion recc.>lI'Il1'1endiD& that the City CouncD adopt a resolution to amend the
Mont&omery Specific Plan by red-tpo"tiq the 3 acres depicted in B%hibit B from Research
IJIUl Limited In4ustrltzl1JlUl Othe, to M,1'CIUItiU IJIUl Offic, Comm,rdIll (4-1-2, Wheeland
opposed).
MSC (SUvaILa Guardia) to approve recoll'lll'l..ndation IS of the staff report, to rec4.'lI'Il1'1end
that the City CouneD adopt an ordinance to chan&e the zone ..Iacclfication from I-I,P.to C-
~
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Southwest PAC
Minutes
-4-
December 16, 1991
c-p for the 3 acres depicted in Exhibit C inclucliD& adoption of the supplemental rmding of
application of a P modifier (4-1-2, Wheeland opposed).
3. REPORT: PAC Letter to Chula VISta Libmy
At its previous meeting, after a presentation on the new South Chula Vista Libmy by Library
Director Rosemary Lane, PAC members requested that a letter from the PAC be prepared to
the Chula Vista Libmy Board of Trustees, City Council members, and Libmy Director Lane.
This draft Jetter was distributed at the meeting. Some discussion ensued from PAC members.
Generally, the letter was viewed favorably. Member Brown requested that the phrase, "we
request that every effort be mode 10 ensure that..." be inserted in the fourth paragraph on the
first line after, "we requestthot". PAC members requested that the change be made, and that
a final draft be sent to the PAC chair for signature.
MSC (La GuardialMcFarlin) to reword letter as requested and have stafI' f'lnllIl7(' the letter
for signature by PAC Chair Linda Brown (5-0-1).
4. ORAL COMMUNICATIONS None.
5. STAFF COMMENTS None.
\
6. CHAIRPERSON'S COMMENTS
a. Vice Chair Jones thanked the Committee members for their attendance and attention to
the very complex Final EIR for the Palomar Trolley Center.
7. MEMBERS' COMMENTS None.
ADJOURNMENT to the meeting of February 3, 1992 at 4:30 p.m. in Conference Room I,
Public services Building.
. gSecretary
[SOtmlWI!S\MIN.I2-I'l
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'7"1./1
Resolution GPA-91-04
RESOLUTION OF THE CITY OF CHOU VISTA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GPA-91-04
CITY-INITIATED PROPOSAL AMENDING THE GENERAL PLAN FOR THE
PALOMAR TROLLEY CENTER PROJECT LOCATED SOUTH OF PALOMAR
STREET BETWEEN BROADWAY AND THE MTDB PALOMAR TROLLEY
STATION.
WHEREAS, on August 28, 1990, the City Council approved the
General Plan Amenclment/Specific Plan Amenclment and rezone to
designate the 12.2 acre Palomar Trolley Center project site for
commercial use .on the condition that Pacific Scene, Inc. (PSI)
agree to restrain itself from pursuing the 12.2 acre center while
PSI and the Redevelopment Agency pursue an expanded center
enoompassing 18.2 aores, and
WHEREAS, the City Council desired the expanded project to
provide a comprehensive development plan for the area and to
provide additional sales tax and tax increment generation, and
WHEREAS, 3 of the 6 acres of the expanded project are
currently designated as "Research and Limited Manufacturing" and
must be redesignated to "Retail Commercial" to allow development of .
an expanded 18.2 acre project, and
WHElU:As, an application for a City-initiated General Plan
Amenclment was completed by the Planning Department of the City of
Chula Vista on February 4, 1991, and
WHEREAS, the subjeot property is immediately surrounded by
commeroially designated property to the north and west, and by
existing commeroial development to the east, and
WHEREAS, without the proposed general plan amenclment, a 3-acre
island of industrial land lacking street frontage would exist
surrounded by commercial development to the north, west and east,
and
WHEREAS, the Planning Commission set the time and place for a
hearing on said General Plan Amenclment and notice of said hearing,
together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to
property owners withinl.OOOfeet of the exterior boundaries of the
property at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as
advertised, namely 7:00 p.m., January 8, 1992, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed; and
-, ... SO
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;
WHEREAS, the Planning Commission certified that the Final
Environmental Impact Report (FEIR-91-02) has been prepared in
compliance with CEQA and the Environmental Review Procedures of the
City of Chula Vista and that the information contained in the FEIR
has been reviewed and considered.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
finds as follows:
1. The general plan amendment to redesignate the 3 acres depicted
in Exhibit A from "Research and Limited Manufacturing" to
"Retail Commercial" is consistent with the surrounding land
uses and that public necessity, convenience, general welfare
and practice support the'General Plan Amendment: and
2. The general plan amendment is required to fulfill the City
Council's direction that PSI pursue an expanded 18.2 acre
project which is desired for redevelopment of the property as
part of a comprehensively planned commercial center which will
implement the City'S redevelopment plans for this portion of
the Southwest Project Area.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council approve the general plan amendment to
redesignate the 3 acres from industrial to commercial use an~ that
a copy of this resolution be transmitted to the owners of the
\ property and the city Council.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 22nd day of ~anuary, 1992, by the following vote,
to-wit:
AYES:
NOES:
Commissioners Decker, Fuller, Martin, Tugenberg, Tuchscher
Commissioner Carson
ABSENT:
Commissioner Casillas
ABSTENTIONS: None
YCM"... A-(./&
usan Fuller, chair
ATTEST:
~~ary
I~ s+
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i
RESOLUTION NO. GPA-9l-5IPCZ-9l-G
RESOLUTION OF TIlE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO TIlE CITY COUNCIL TIlE
APPROVAL OF GPA-9l-SIPCZ-9l-C CITY-INITIATED PROPOSAL
AMENDING THE GENERAL PLAN/REZONING, FOR AN AREA
NORm OF "E" STREET, SOUTH OF "D" STREET, BOUNDED TO
TIlE EAST BY mIRD AVENUE, TO TIlE WEST BY LANDIS
AVENUE, TO RESOLVE GENERAL PLAN/ZONING
INCONSISTENCIES WITHIN mE CENTRAL CHULA VISTA
COMMUNITY. .TIIE PRECISE TERRITORIAL LIMITS, PROPOSED
GENERAL PLAN AMENDMENTS AS DEPICTED ON TIlE
ATTACHED EXHIBIT A.
WHEREAS, the subject proposal item involves amending the General Plan in an area
referred to as the General Plan/Zoning Consistency Study Special Study Area B-3A in Central
Chula Vista. The study area includes approximately 5 acres and 21 lots. The precise territorial
limits, proposed general plan amendments as depicted on the attached Exhibit A, and
WHEREAS, the Planning Commission set the time. and place for a hearing on said
rezoning application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners
within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing,
and
WHEREAS, the Planning Commission set the time and place for a hearing on said
rezoning application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
September 25, 1991, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission found that the project would have no significant
environmental impacts and adopted the Negative Declaration issued on IS-91-51, and
NOW, THEREFORE, BE IT RESOLVED mAT from the facts presented to the
Planning Commission, the Commission has determined that the General Plan
amendmentslrezonings are consistent with the Chula Vista General Plan and that public
necessity, convenience, general welfare and practice support the proposed General Plan
amendment and rezoning.
- II:.- S1:;
7...5;L
BE IT FURTHER RESOLVED THAT TIlE PLANNING COMMISSION recommends
( that the City Council adopt an ordinance to redesignate certain territory as depicted on the
attached Exhibit A, on the plan diagram of the Chula Vista General Plan based on the following
findings:
I. Based on the Initial Study and comments on the Initial Study and Negative
Declaration, find that the proposed rezonings and General Plan amendments will
have no significant environmental impacts and adopt the Negative Declaration
issued on IS-91-S1 for the General Plan/Zoning Consistency Study.
2. Adopt a resolution to change the General Plan as described on the attached
Exhibit A.
3. Adopt an ordinance to change the zones as described on the attached Exhibit A,
subject to the following conditions:
(a) The City of Chula Vista shall enforce any legal mechanism sponsored by
the Chula Vista School District and the Sweetwater Union High School
District to mitigate impacts on school facilities.
(b) All existing nonconforming uses created as a result of this action shall be
allowed to be reconstructed in the event of destruction of greater than
60% of the property's improvements upon review and approval of the
Planning Commission.
BE IT FURTHER RESOLVED THAT a copy of this resolution be ttansmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 25th day of September, 1991, by the following vote, to-wit:
AYES:
Commissioners Casillas, Decker, Fuller, and Martin
NOES:
None
ABSTENTION:
None
ABSENT:
Commissioners Carson and Tugenberg
L~ C/;~k
Susan Fuller, Chair
(
ATTEST:
/)0 ---;) ,
I, {;!'~'/.ji K ~f
Nancy Ri ey, S
(lDPA-9I.5JPCZ.91.Ql
I 'S
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1-53
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nns PAGE Bu.NK
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.
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It- - ~ y
l-Scr
As First Read March J, 1992
ORDINANCE NO. 2495 S<'(_",,
I...~'~t>
AN ORDINANCE OF THE CITY OF CHULA VIS~;"
CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO'v;;1Q
C-C-P FOR THE SOUTHERN J ACRES OF THE PALOMAR ~
TROLLEY CENTER PROJECT, AND MAKING FINDINGS TO ,.'!to
PERMIT APPLICATION OF THE "P" MODIFIER; AND -1~b
CHANGING THE ZONE CLASSIFICATION FOR ZONING ~lfQ
CONSISTENCY SUBAREA B-J-A FROM APARTMENT ~
RESIDENTIAL (R-J) TO APARTMENT RESIDENTIAL
WITH A P-MODIFIER, NOT MORE THAN 22 UNITS PER
ACRE ("R-J-P-22").
Palomar Trollev Center proiect Matters
Entire proiect Area
WHEREAS, the property which is the subject matter of a
commercial shopping center development referred to herein is a
rectangular area of land approximately eighteen and 2/10ths (18.2)
acres bounded on the north by Palomar Street on the east by
Broadway, on the west by the San Diego Trolley Palomar Street
station and on the south by San Diego Gas and Electric right-of-
way, and is diagrammatically presented in Figure 5-5 of the Final
Environmental Impact Report, Palomar Trolley Center, EIR 91-02
(FEIR), a copy of which is attached hereto as Exhibit A ("Entire
Project Area") and if attached, as the area outlined with such
designation; and,
Amendment Area
WHEREAS, the property which is the subject matter of an
application herein referenced for general plan amendment,
Montgomery Specific Plan Amendment, and change of zones is a
portion of the Entire Project Area consisting of approximately
three (J) acres in the southeast portion of the Entire Project
Area, diagrammatically presented in Figure 5-5 of the Final
Environmental Impact Report, Palomar Trolley Center, EIR 91-02
(FEIR), a copy of which is attached hereto as Exhibit A ("Amendment
Area") and if attached, as the area shown in cross-hatch thereon;
and,
proiect
WHEREAS, Pacific Scenes, Inc. ("PSI"), the entity which has
development control over most of the Entire Project Area has
proposed a plan for the construction of 198,200 gross square feet
pal-zc3.wp
March 4, 1992
Zone Change for Palomar and B-3-A
Page 1
\~.. \
of commercial shopping center improvements on the Entire Project
Area pursuant to a plan that is more fully described in the FEIR,
section 3.0 ("project Description"), page 3-1, which entire plan
for improvement shall herein be referred to as the "Project"; and,
Application for Entitlements
WHEREAS, in conjunction with a plan for the construction of a
198,200 gross square foot shopping center located on the Entire
project Area, Pacific Scenes, Inc. (PSI) has filed an application
("Application") with the City for a General Plan Amendment,
Montgomery Specific Plan Amendment and change of zone from Light
Industrial with a P Modifier ("I-L-P") to Center Commercial with a
P Modifier ("C-C-P") for the Amendment Area to allow for the use of
the Entire Project Area for a shopping center containing five major
anchor tenants and other retail facilities such as five building
pads, two of which will have drive-through capabilities for fast-
food restaurants, sidewalks and landscaping, all as more fully set
out in the proposed Palomar Trolley Center Semi-Exclusive
Negotiating Agreement ("SENA"), and that Application on file with
the Director of the Planning Department; and,
Certifvinq Resolution
WHEREAS, the City Council did, by the adoption of Resolution
No. 16522 ("certifying Resolution"), certify that the Final
Environmental Impact Report, as defined therein, was prepared in
accordance with the requirement of the California Environmental
Quality Act, and the guidelines lawfully promulgated thereunder;
and,
WHEREAS, the recitals and resolutions of the City Council
contained in said Certifying Resolution are incorporated herein as
if set forth in full hereat; and,
Findinqs
WHEREAS, an application for a City-initiated zone change was
completed by the Planning Department of the city of Chula vista on
February 4, 1991, and
WHEREAS, the subject property is immediately surrounded by
commercially zoned property to the north and west, and by existing
commercial development to the east, and
WHEREAS, without the proposed zone change, a 3-acre island of
industrial land lacking street frontage would exist surrounded by
commercial development to the north, west and east, and
Palomar Trollev Center proiect Public Hearinq
pal-zc3.wp
March 4, 1992
Zone Change for Palomar and B-3-A
Page 2
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WHEREAS, a public hearing was held before the city Council on
PSI's Application for a General Plan Amendment, Montgomery Specific
Plan Amendment and Zone Change ("Public Hearing") on or about
February 25, 1992 regarding the Palomar Trolley Center ;
WHEREAS, the hearing was held at the time and place as
advertised, namely 6:00 p.m., February 25, 1992, in the Council
Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed; and
WHEREAS, the City Council certified that the Final
Environmental Impact Report (FEIR-9l-02) has been prepared in
compliance with CEQA and the Environmental Review Procedures of the
city of Chula vista and that the information contained in the FEIR
has been reviewed and considered.
Zone Consistencv Studv Area 3-B-A
WHEREAS, the city Council, by a public hearing held on or
about February 4, 1992 ("Public Hearing 91-5) at which it
determined that, by a consolidated general plan amendment, that an
approximate 5 acre, 21 parcel area bounded by E Street, D Street,
Third Avenue and Landis Avenue, all as more particularly identified
in Exhibit B, incorporated herein by reference ("Zone Consistency
Study Area B-3-A"), should be replanned for General Plan purposes
from "Low-Medium Residential (3 to 6 dwelling units per acre)" to
"Medium-High Residential (11 to 18 dwelling units per acre)";
The City Council of the city of Chula vista does ordain
as follows:
SECTION I:
Supplemental Findings for Application of "P"
Modifier--Palomar Trollev Center Pro;ect
As regards the Amendment Area with the Entire Project Area of
the Palomar Trolley Center Project, pursuant to Zoning Ordinance
section 19.56.041, the "P" modifying district is applied based on
the following:
1. The property or area to which the "P" modifying
district is applied is an area adjacent and
contiguous to a zone allowing different land uses,
and the development of a precise plan will allow
the area so designated to coexist between land
usages which might otherwise prove incompatible.
The SDG&E right-of-way to the south is zoned S94
and the surrounding commercial property to the
north, west and east is zoned with a "P" modifier.
The precise plan requirement for the subject 3
pal-zc3.wp
March 4, 1992
Zone Change for Palomar and B-3-A
Page 3
""'tc."",~
acres will ensure that the parcels are subject to
the same design review as the surrounding property
and that the project is compatible with the S94
zone to the south.
2. The area to which the "P" modifying district is
applied consists of two or more properties under
separate ownership wherein coordination regarding
access, on-site circulation, site planning,
building design and identification is necessary to
enhance the public convenience, health, safety and
general welfare.
The subject property and the surrounding property
to the north, west and east included within the
18.2-acre expanded Palomar Trolley Center project
are under 10 different ownerships. The "P"
modifier will require design review of future site
planes) to ensure conformance with the design
concept guideline booklet outlining the design
objectives for the 18-acre expanded project.
SECTION II. Guidelines--palomar Trollev Center Proiect.
The Precise Plan Guidelines to be attached to the property
shall include the following provision:
a.
b.
pal-zc3.wp
March 4, 1992
The City of Chula vista shall consider enforcement
of appropriate legal mechanisms sponsored by the
Chula vista Elementary School District and the
Sweetwater Union High School District to mitigate
impacts on school facilities, if such is determined
to be necessary based on the results of a study the
City may conduct similar in nature and scope to the
study conducted in Fairfield, except this study
will address the impacts of commercial and
residential development on school facilities.
Developer commits to design, financing and con-
struction of a roadway facility (including streets,
curbs, gutters, sidewalks and utilities) connection
between the current terminus of Jayken Way and the
south side of the Project if City determines, based
on traffic studies to be performed to City's sat-
isfaction and paid for by Developer, and which
studies are to be conducted within two years after
the occupancy in the Entire Project Area first
reaches 70% of planned gross floor area, that said
roadway facility is necessary for circulation.
Zone Change for Palomar and B-3-A
Page 4
l c.. -4..
(i) By "commit" as used herein, Developer shall,
in addition to designing, financing and construct-
ing such a roadway facility, be required to design
the improvements on the Entire Project Area in such
a manner that the roadway facility can be connected
to the south side of eeftstruotca Oft the Entire
Project Area without requiring the demolition of
any significant structures, or any structures with
significant value. Furthermore, Developer shall
absorb the sole risk of loss for the demolition of
any such structures which are demolished in order
to construct the roadway facility.
(ii) If the city determines that such roadway
facility is necessary, it shall be designed and
built to the specifications of the City which
provide, and are not inconsistent with the public
street portion ending at the south property line of
the Entire Project Area consisting of a minimum
width of 36 feet of pavement, to include two lanes
and two bike lanes, plus curb gutter and sidewalk
on one side. The method to secure the committment
shall be determined prior to the City vacating any
unused right of way easement currently encumbering
said Entire Project Area, or any portion thereof.
SECTION III.
Lots.
Zone Change--Palomar Trolley Center, Southern
As regards the Amendment Area of the Entire Project Area of
the Palomar Trolley Center Project, the city council does hereby
conditionally amend the Zoning Map of the city of Chula vista as
maintained by the Director of Planning of the City of Chula vista
to provide that the zone for the Amendment Area indicated thereon
shall be Center Commercial with a P Modifier. The conditions of
this amendment are as follows:
a. Implement the proiect as Modified.
"Project" as described in the EIR, shall, except to the
extent herein modified, shall be implemented by the PSI, or
their successor in interest.
b.
Environmental
Implemented.
Impact
Mitigation
Measures
All environmental impact mitigation measures ("EIMM") in
the nature and to the extent attached to the FEIR as Appendix
B, and further including EIMM No.4 on Page 5.5-2 ("Automatic
Fire Sprinklers") shall be implemented as soon as commercially
pal-zc3.wp
March 4, 1992
Zone Change for Palomar and B-3-A
Page 5
"lC-S
practical but in no event later than 3 years after the
adoption hereof, unless extended by Council resolution, except
for those EIMM which, by their terms, require implementation
and maintenance over a longer period ("Extended EIMM") , and in
such event, that such Extended EIMM be commenced as soon as
practical, and diligently, and with good faith and best
efforts, be implemented to completion.
c. Development Under Owner Participation Agreement
(OPA)
PSI shall, within three years from the date of adoption
hereof, reach an agreement as to the development of the Entire
Project Area with the Redevelopment Agency of the City of
Chula vista which agreement shall herein be referred to as an
"Owner Participation Agreement" or alternatively ("OPA"), and
upon approval, PSI shall perform all covenants and promises
therein contained required of PSI by said OPA.
Upon determination of the City made at a public hearing at which
PSI shall be given notice and opportunity to attend, that the
conditions of this amendment have not occurred, the Zone Change
herewith granted shall automatically terminate and be of no further
force and effect. In such event, the zone designations for the
Amendment Area, as herein made shall automatically terminate, and
such Amendment Area shall revert to the existing zone of Limited
Industrial with a P Modifier.
Section IV.
Considerations.
CEQA Findings and Statement of Overriding
A. Adoption of Findings.
The city council does hereby approve, accept as its own,
incorporate as if set forth in full herein, and make each and every
one of the Candidate CEQA Findings attached hereto as Exhibit C
("Final EIR, Palomar Trolley Center, Candidate CEQA Findings").
B. certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit C attached
hereto, the Council hereby finds, pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091, that the
mitigation measures described in the EIR are feasible, and will
become binding upon the City.
C. Infeasibility of Alternatives.
As set forth in Exhibit C attached hereto, the Council hereby
finds that it is unnecessary to determine that any of the proposed
pal-zc3.wp
March 4, 1992
Zone Change for Palomar and B-3-A
Page 6
~ c.-l,
project alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant adverse
environmental effects since all potentially significant adverse
environmental effects of the project will be eliminated or
substantially lessened by virute of the mitigation measures
herewith imposed.
D. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section 21081.6, the City
Council hereby adopts the mitigation monitoring and reporting
program ("Program" l attached to the FEIR as Appendix B incorporated
herein by reference. The Council hereby finds the Program is
designed to ensure that, during project implementation, the
Permittee/Project applicant, and any other responsible parties,
implement the Project components and comply with the feasible
mitigation measures identified in the Findings.
E. statement of overriding Considerations Unnecessary.
After the adoption of all feasible mitigation measures certain
significant or potentially significant adverse environmental
effects caused by the Project will not remain. Therefore, the
Council hereby finds that it is unnecessary to issue, pursuant to
CEQA Guidelines section 15093, a statement of overriding considera-
tions identifying the specific economic, social, and other
considerations that render that unavoidable significant adverse
environmental effect acceptable.
SECTION v. Zone Change--Zone Consistency study Area B-3-A
As regards the Zone Consistency study Area B-3-A, the City
Council does hereby conditionally amend the Zoning Map of the City
of Chula vista as maintained by the Director of Planning of the
city of Chula vista to provide that the zone for the Zone
Consistency Study Area B-3-A be changed from Apartment Residential
("R-3"l to Apartment Residential with a P MOdifier, but not to
exceed 22 units per acre ("R-3-P-22"l.
SECTION VI: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Robert A. Leiter, Director of
Planning
Bruce M. Boogaard, city
Attorney
pal-zc3.wp
March 4, 1992
Zone Change for Palomar and B-3-A
Page 7
~c..'"
THIS PAGE BLANK
i-c..,- ~
Minutes
March 3, 1992
Page 3
(
. 7. ORDINANCE 2495 OiANGING 1lfE ZONE a.ASSlFlCAnON FROM I-L-P TO CC-P FOR 1lfE
SOU'IliERN 11iREE ACRES OF 1lfE PAIDMAR TROlLEY CENTER PROJECf. AND MAKING FINDINGS TO
PERMIT APPUCAnON OF 1lfE "P" MODIFIER; AND CHANGING 1lfE ZONE a.ASSlFlCAnON FOR ZONING
CONSISTENCY SUBAREA B-3-A FROM APARThfENT RESIDENllAL (R-3) TO APARThfENT RESIDEN11AL
WI1H AP-MODIFlER, NOT MORE 1HAN1WEN1Y-lWO UNITS PE.RACRE ("R-3-P-22") (second readin" and
.doDtion) - The City-initiated General Plan Amendment, Montgomery Specific Plan Amendment, and rezone
for three acres located on the southerly side of Palomar Street are required actions for implementation of
an expanded 18.2 acre Palomar Trolley Center commercial project pursuant to CounciVRedevelopment
Agency direction in August 1990. Staff recommends Counc:il place ordinance on second reading and
adoption. (Director of Planning)
City Attorney Boogaard referred to Page 7C-5 of the Ordinance and stated that in order to accommodate the
concern that Jayken Way should not run through the entire project area, but be connected to the south side
of the entire project area, he recommended the amendment of the first full paragraph on Page 5, starting
with 'i', fifth line, 'Design, financing, and construction of the roadway fac:ility be required to design the
improvement on the entire project in such a manner so that the roadway fac:ility can be connected to the
south side of the entire project area without requiring the demolition of any significant structures, or any
structures with significant value........ He had thought there was a proposal that Jaykan Way would be a
constructed roadway through the project, but Counc:i1man Moore had corrected him and stated it was his
intent that Jayken Way be connected to the south side of the project.
Councilman Malcolm stated Council might have to use the right of eminent domain in order to put the road
through, therefore there were a number of unresolved issues. He wanted it understood that it was a study
not a commitment at this time.
City Attorney Boogaard responded that the commitment be that the project would be designed to tolerate
a connection across the SDG&E right-of-way while the two years of 70% occupancy was occurring.
Councilman Malcolm stated he understood the motion as, staff had already looked at it, staff said we didn't
want it, Councilman Moore said he wanted to revisit it, so he thought they were looking at it again. He did
not want a project designed, improvements moved around, or the project delayed delayed unless it was
necessary.
City Attorney Boogaard felt there was a different philosophy between what Councilman Malcolm had
expressed and Councilman Moore's motion. The motion stated 'at 70% occupancy, not to exceed two years,
a study be designed on traffic circulation, and if indicated that it was necessary to allow the terminus of
Jayken Way to be connected to the south side of the project'.
Councilman Moore stated that if the developer knew that he might have to put it in, he would have to
cqnsider design. When the zoning was changed from industrial to commercial he had made a motion to
make that one of the conditions.
Councilman Malcolm stated he did not agree, the motion was for additional study. There was nothing in
the motion to require the developer to redesign his project.
City Attorney Boogaard responded that Councllman Malcolm was correct in that regard. As a result in
drafting the language Councilman Moore proposed, it became evident that if there was to be any validity
or usefu1ness to doing the study and a determination at the end was made, that the City would have to
accommodate the consequences of the study.
Councilman Malcolm stated they were trying to determine if they needed something for circulation. If the
City didn't have the traffic people on board, Council should hire them or a consultant rather than taking two
years and redesigning a project on a maybe. The City should get their act together and tell the developer
whether or not he would have to do it.
O\l~ftc:.O{)'"
.., c. .. Cf
Minutes.
March 3, 1992
Page 4
Councilman Moore stated his previous motion could be put in the Ordinance "as is" and the developer could
do whatever he wanted to.
Councilman Malcolm responded that he understood the motion to state "further study to determine if they
wanted the road to go all the way through". Now he was saying the road was not to go all the way through.
If he were the developer, he would want the City to say what was wanted. He supported the motion for an
additional study with the expectation that the report would be back within several months so while the
developer was starting their plans the City could tell them yes or no.
Mayor Nader asked if there was a representative of the developer present.
Dave Gustafson, Assistant Director of Community Development, informed Council that a representative was
nol at the meeting.
Councilman Moore felt the change he had requested would be in favor of the developer rather than the City.
MS (Malcolm/Grasser Horton) study the issue and cIirect staff to return with a l<<OIDlIlendation on the issue
(should the City require the developer to haft the road system. as outlined by Calm...'m.... Moore) no later
than sixty days.
Mr. Gustafson informed Council that staff could return with a report within sixty days.
Mayor Nader stated he might have misunderstood Councilman Moore's motion. He felt the intent was that
the City would monitor the situation over a period of time or at a certain level of occupancy.
Councilman Moore responded that was the intent of his motion.
Mayor Nader questioned how that could be accomplished within sixty days.
Mr. Gustafson responded that the intent of Councilman Moore's motion could not be accomplished within
sixty days. Staff had assumed Council wanted some type of further traffic analysis.
Mayor Nader stated it was an important project and he did not want it delayed any longer. He questioned
whether the City could monitor the situation and keep options open for some later time without cauSing
undue delay to the project.
City Attorney Boogaard clarified that Councilman Moore had not proposed that Jayken Way run through the
project. All the developer would have to do would be to design an accommodation for a terminus for Jayken
Way to the parking lot at the south side of the project. This was much less intrUSive of a condition than
previously agreed upon.
Councilman Malcolm responded that the whole center would have to be designed as if the road was going
_ to go through. .
Mayor Nader questioned whether the applicant had been notified regarding the proposal.
City Attorney Boogaard stated it was a technical correction of the Council's prior motion and that the
ordinance should be placed on first reading rather than second reading and adoption. Councilman Moore's
motion was contained on page 7C-4. Section 1I(b). the words underlined were added by the City Attorney.
Councilman Moore stated that if the study had been done right in the beginning, he would not expect any
major changes today. He withdrew his motion and stated he would vote against the project. When the
property was changed from industrial to commercial, Council came up with about five conditions. There
would be no parking or park on the SDG8cE easement, the day care center might be in place but located on
the other side of a busy street and Jayken Way was not needed. Now the only thing that the City would
receive from the conditions set to enhance the community would be the widening of Palomar.
O\l~f1
co9"t.
ie. - IC>
Minutes
March 3, 1992
Page 5
MOTION OF 313192 WI1HDRAWN: (Moore) died for lack of oecond.
Councilman Malcolm did not feel it would be fair to state that the developer had eliminated the park. The
City had removed the condition due to the questionabiIity of safety due to the overhead power lines.
Mayor Nader stated it was his understanding that the City would also receive child care services. The land
originally designated for the park was not being developed in any way to preclude the City from establishing
a park there. He questioned whether the origina1language before them was what had been presented to
Council when everyone was notified that the item was on the agenda.
City Attorney Boogaard responded that all of Section n, Sub-paragraph B was not there when the item was
originally discussed. The developer was not notified regarding the change to the ordinance.
SUBS'lTnTl'E M0l10N: (NaderlMoore) III stand with the origlDa11anguage ofColmdlman Moore's motion
of 313/V2.
Mayor Nader felt that if after meeting, all parties agreed that the City Attorney's language was superior, it
would be brought back for Council consideration.
Mr. Gustafson stated he had talked with the developer after the last meeting and had been informed that
they would have no problem if, when 70% occupancy occurred it was determined that Jayken Way needed
to come through and "T" into the perimeter road at the south portion of the project and then come around
the project. They would indeed have a problem if it was necessaI)' to divide the center with Jayken Way
going through to Palomar. The preliminaI)' plan staff had received would not have any problem in
accommodating the perimeter road to Jayken Way.
.
\
Councilman Malcolm felt it was a winlwin situation if the developer agreed to have JaykeA Way T into the
perimeter road.
Councilman Moore stated his concern was that if the Center and surrounding areas were to become
successful it would result in more traffic than anticipated. This would give the City a "plug to pull" without
interfering with the development. If it did not come to pass, it would not adversely impact the project.
Mr. Gustafson informed Council that the specific language was not discussed with the developer. The
concept, if it proved necessaI)' in the future, of "T"ing Jayken Way into the perimeter road around the center
was discussed after the meeting.
City Attorney Boogaard felt the language in the second full paragraph on Page 5 would address Councilman
Moore's motions intent and the developer's satisfaction. He recommended that the Ordinance contained in
the agenda packet be amended lInd placed on first reading. The word "to" at the top of Page 2 at the end,
and the words "be constructed on the" be modified to read "be connected on the south side of'.
AMENDMENT TO M0l10N: (Nader/Moore) to modify the 0rdiJJance, top of Page 2 at the end, and the
words "to be constructed on the" be modified III read "be connected on the south side of'.
City Attorney Boogaard stated the super-imposed language would not make sense because it was being
super-imposed upon his language which Council was deleting by going back to Councilman Moore's original
motion.
M0l10N WI1HDRAWN: (NaderlMoore)
VOTE ON AMENDMENT: a.....v.cd .m....Imf)UJ}y.
ORDINANCE 2495, ItS AMENDED, PLACED ON PlRST READING BY COUNCLMAN MALCOLM, reading of
the tat was waiftd, passed and approved 4-().O.1 with CoImci1member Grasser Horton absent.
OQ./l.fi COP'"
Ie-II
council Agenda statement
Item:
8'
Item Title:
16 iSoC;
Resolution of the City council of the City
Chula vista Increasing the Mayor's and
Councilmembers' Salaries 0\)
Bruce M. Boogaard, City Attorney~
Meeting Date:
March 10, 1992
of
Submitted by:
Agenda Classification:
(x ) Consent
( ) Action Item
( ) Public Hearing
( ) Other:
4/5ths Vote: ( ) Yes (X) No
In 1988, the People of Chula vista adopted a Charter Amend-
ment which provided that the Mayor's salary should be $37,200 per
year, and that the Council salaries shall be set at 40% of the
Mayor's salary. At the same time, in recognition of the effects
of inflationary pressures, the People provided a mechanism to
permit annual increases in Council salaries in the amount of that
year's Consumer Price Index. Accordingly, each year since the
passage of the Charter Amendment in November of 1988, the Mayor's
and Councilmembers' salary have been routinely increased to keep
up with inflation. The attached resolution will implement this
practice for the fiscal year' commencing November 1, 1991. It
sets the Mayor'S salary at $43,389.19, which implements a
$1,748.89 increase, and the other Councilmembers' salary at
$17,355.68, which represents a $699.56 increase, both of which
increases represent a 4.2% increase, over the existing salary
levels.
Recommendation:
Adopt the attached Resolution which increases the Mayor's
and Councilmember's salary by 4.2%--the amount of the increase in
the All Urban Consumers/All Items Component of the San Diego
1. This is an accounting term describing a 12 month period after
a given commencement date, and is not to be confused with our own
fiscal year which described the 12 month period commencing July
1.
counpay2.wp
March 5, 1992
Al13 re Councilmanic Salary Increase
Page 1
f.J
Metropolitan Area U (Broader Base) Consumer's Price Index from
1990 to 1991, effective November 1, 1991.
Boards and Commissions Recommendation:
None. None Applicable.
Discussion:
Authority for Increase
section 303 of the Charter, amended in November, 1988,
provides as follows:
"(c) Compensation. The Mayor shall receive an annual
salary of thirty-seven thousand two hundred dollars
($37,200.00) per year and shall receive reimbursement on
order of the Council for Council-authorized travel and other
expenses when on official duty out of the City, and in
addition, shall receive the sum of fifty dollars ($50.00)
per month, which amount shall be deemed to be reimbursement
of other out-of-pocket expenditures. The City Council may
also provide, by resolution, for the payment to the Mayor of
an allowance of a sum certain per month, as reimbursement
for the additional demands and expenses made upon and
incurred by the Mayor.
The salary provided herein may be annually increased
beyond said amount bY a resolution of the city Council in an
amount not to exceed the All Urban Consumers/All Items
Component of the San Dieqo Metropolitan Area U (Broader
Basel Consumer Price Index. or beyond said increased amount,
by a vote of the people." (Emphasis Added)
Salary History
The following is the history of increases in the Mayor's
Salary:
Percent
Effective Date Salary Increase
November, 1988 $37,200.00
November, 1989 $39,320.40 5.7%
November, 1990 $41,640.30 5.9%
As of today's date, there has been no increase in the
Mayor's salary for the fiscal year commencing November, 1991, and
consideration of such an increase is due.
counpay2.wp
March 5, 1992
Al13 re Councilmanic Salary Increase
Page 2
~~
Increase Permitted for the November. 1991 Fiscal Year
The City's Finance Director reports that the growth in the
applicable Consumer Price Index for the 12 month period ending
June 30, 1991 was 4.2%.2
Council Salarv Increases
Charter section 302 (Compensation for Councilmembers) pro-
vides as follows:
" The four Councilmembers shall receive, as compensation
for their services, forty percent (40%) of the salary of the
Mayor. . . ."
This formula therefore would result in increasing the
Council salaries from $16,656.12 to $17,355.68, or $699.56, each.
This is self operating language, and no resolution is
required to implement same, but in order to provide specific
direction to the payroll department as to the precise amount of
the increase, the attached resolution specifies the exact amount
and operational dates of such increases.
Fiscal Impact
The Mayoral's salary will increase from $41,640.30 to
$43,389.19, or $1,748.89, and each of the other four Council-
member's salary will increase from $16,656.12 to $17,355.68, or
$699.56, each or $2,798.22 in total for all four. Total increase
for the Mayor and the four Councilmembers will be $4,547.11.
The Fiscal Year 1991-92 budget was increased in the
appropriate amounts in anticipation of the above changes and no
additional appropriation will be needed at this time.
2. This is the standard consistently applied by the Finance
Director.
counpay2.wp
March 5, 1992
Al13 re Councilmanic Salary Increase
Page 3
Y-3
RESOLUTION NO. I GS :e. '5
RESOLUTION OF THE CITY COUNCIL OF
CHULA VISTA INCREASING THE
COUNCILMEMBERS' SALARIES
THE CITY OF
MAYOR AND
WHEREAS, in accordance with Charter section 304(c), the
Mayor is currently eligible for a cost of living increase in an
amount equal to the increase in the last reported Consumer Price
Index for a twelve month period; and
WHEREAS, for the twelve month period preceding from July
1990 through June 1991, the increase is 4.2%; and
WHEREAS, the Councilmembers salaries are set at 40% of
the Mayor's salary.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby increase the Mayor's salary
from $41,640.30 to $43,389.19 effective November 1, 1991.
BE IT FURTHER RESOLVED that the Councilmembers' salaries
are hereby increased from $16,656.12 to $17,355.68 effective
November 1, 1991.
form by
Bruce M. Bo g ar , City Attorney
~..~
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 03/17/92
ITEM TITLE: Resolution/bS~ ApprovingAgreement between the
City of Chula vista and Lettieri-McIntyre & Associates,
Project Manager and the Baldwin Vista Associates for
Professional Services to Assist the otay Ranch Team
General Manager, and Authorizing the Mayor to Execute
the Agreement
SUBMITTED BY: Deputy city Manager Krempl
REVIEWED BY:
ci ty Manager(;;!
v
(4/5th Vote: YeS___No~)
The attached Agreement modification for project management and
planning services with Lettieri-McIntyre & Associates and Baldwin
vista Associates is for temporary planning assistance. The
assistance will focus on processing of the General Development Plan
and related documents for the approximately 23,000-acre Otay Ranch
project. This is a re-organization of project duties within the
Otay Ranch Project rather than new services. The Agreement has the
concurrence of both City of Chula vista and San Diego County staff
as well as the applicant.
RECOMMENDATION: That Council approve the attached Agreement
modification authorizing the Mayor to sign on behalf of the city
Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In the spring of 1989, the city of Chula vista and County of San
Diego both approved a "statement of Intentions" with Baldwin vista
Associates concerning the processing of Otay Ranch. In the summer
of 1989, the City Council and Board of Supervisors approved a
Memorandum of Understanding establishing a joint planning effort.
Due to the interjurisdictional nature of the project, both the City
and County opted to hire an independent neutral third party
consultant to manage to project. Mr. Vernon G. Hazen was hired as
the Project Manager for that effort. On July 20, 1990, Mr. Hazen
resigned. Lettieri-McIntyre & Associates (Mr. Lettieri) was hired
on September 25, 1990. Council extended Mr. Lettieri's contract on
October 8, 1991 until October 1992.
Since Mr. Lettieri has been Project manager, the following has been
accomplished: Acceptance by the Interjurisdictional Task Force of
the Phase I Progress Plan, Resource Sensitivity Analysis, Village
Character Issue Paper, Transportation/Transit and Villages Issue
'i -I
Page 2, Item q
Meeting Date 03/17/92
Papers, the Service/Revenue Macro-analysis, otay Valley Regional
Park Issue Paper, Development Around otay Lakes Reservoir Issue
Paper and Central Proctor Valley Issue Paper.
During the next year, the major tasks are preparation of the
General Plan Amendment, General Development/Community Plan,
Environmental Impact Report, Resource Management Plan, Service/
Revenue Micro-analysis and Facility Implementation Plans.
Attached is a proposed schedule for completion of many of the above
tasks (Exhibit A). To respond to that schedule, this request is
being made that will add one additional Lettieri-McIntyre &
Associates staff person (Mary May) to assist in coordination of
such projects as the General Development Plan text, Service/Revenue
Plan and the Public participation Program. Ms. May has City and
County experience having worked for the County as a planner and the
City of Chula vista on Rancho del Rey and EastLake SPAs. It should
be noted that the above represents a transfer of assigned work
rather than a new effort. The overall budget remains the same as
$5,000.00 per month is transferred from Robert Bein, William Frost
& Associates to Lettieri-McIntyre & Associates. There will be no
increase in costs to Baldwin vista or the city.
For the above reasons, and with the acknowledgement that Baldwin
vista will continue to deposit funds to reimburse the City in full,
it is appropriate to approve this Agreement modification.
FISCAL IMPACT:
All costs will be paid to the City by the applicant. The
$5,000.00 per month cost is already incorporated as a part of
Baldwin vista I s budget and overall scope of services for the
project. The dollar amount constitutes a reassignment and transfer
of funds only.
Attachments
SR:\AJLA113
q.. ?.
EXHIBIT "A"
The following are the major tasks necessary to complete the Otay Ranch Master Plan effort:
Work Item Responsibility Target Date Status
1. Resource Management Plan (RMP)
a. Completed RMP submitted Baldwin 3/12/92
b. Project Team review Project Team 3/19/92
c. ESC distribution Project Team 3/23/92
d. Staff review/revise Joint 4/19/92
e. Technical Committee review Joint 5/1/92
f. Finalize RMP (ESC review) Project Team 5/18/92
To meet the above dates, the following must be done:
a. Joint review complete by 3/12/92
b. Count/City staff allocated to review 4/19/92
and complete review by
c. ESC acceptance by 5/18/92
2. Environmental Impact Report (EIR)
Preparation
a. Ogden prepares second Screen- Ogden 3/23/92
check
b. Staff Review (30 days) Joint 4/24/92
c. Draft EIR Submitted Ogden 5/22/92
d. Staff Review (25 days) Joint 6/19/92
e. Final Revisions Ogden 6/26/92
f. Begin Public Review (45 days) Staff 7/6/92
g. End 45-day Public Review Staff 8/21/92
h. First PC hearing to close Public PC 8/26/92
Review
1. Complete draft FEIR Ogden 9/25/92
j. Complete staff review and Staff 10/8/92
revision
k. Complete Final EIR (including Joint 10/19/92
staff review)
C\,~
Exhibit "A"
Page 2
Work Item
Responsibility
Target Date
Status
To meet the above dates, the following must be done:
a. GDP map/statistics 2/20/92 Revised
3/10/92
b. RMP review complete by 3/10/92 Due
3/12/92
c. EastLake land use accepted by 2/29/92 Accepted
for study
2/24/92
d. Transportation modelling will trail but 4/3/92
needs to be completed by
e. Ogden completes their review 4/10/92
f. Staff reviews final transportation 4/24/92
model run
g. TDM/village modelling assumptions 3/9/92 Scheduled
accepted by ESC 3/13/92
h. Implementation Plans to Ogden 3/2/92 Complete
except for
Technical
Studies
3. General Plan Amendment Preparation and
Review
a. Submittal by Baldwin Baldwin 3/2/92 Submitted
2/24/92
b. Staff Review and Revisions Staff 5/1/92
c. Final Report Preparation Baldwin 6/1/92
To meet the above dates, the following must be done:
a. Baldwin submits all revised plans by 3/2/92 Complete
b. Staff allocated to review and respond by 3/23/92 Meeting on
3/10/92
4. General Development Plan/Subregional Plan
a. Introduction Baldwin 3/2/92 Due 3/11/92
b. Land Use Baldwin 3/2/92 Submitted
Chapters A-C Working Group 3/18/92
Chapter D Working Group 4/1/92
Chapter E Working Group 4/15/92
ct-Lf
Exhibit "A"
Page 3
Work Item Responsibility Target Date Status
c. Housing Baldwin 3/2/92 Due 3/11/92
d. Circulation Baldwin 3/2/92 Due 3/11/92
e. Capital Facilities Baldwin 3/2/92 Due 3/11/92
f. Parks & Recreation/Open Space Baldwin 3/2/92 Due 3/11/92
g. Air Quality Baldwin 3/2/92 Due 3/11/92
h. Resource Protection, Conserva- Baldwin 3/2/92 Due 3/11/92
tion and Management
i. Noise Baldwin 3/2/92 Due 3/11/92
J. Safety Baldwin 3/2/92 Due 3/11/92
k. Growth Management Baldwin 3/2/92 Due 3/11/92
1. Plan Implementation Baldwin 3/2/92 Due 3/11/92
To meet the above dates, the following must be done:
a. All sections submitted by 3/11/92
b. Staff allocated to review and respond by 5/11/92
5. Service/Revenue Plan
a. Macro Analysis: Accepted by Complete 2/91
ITF
b. Preparation of Micro-Analysis on
Preferred Alternative
Data collection/interviews RAA 3/1/92
with public agencies
Finalize methodologies RAA 4/92
Prepare preliminary list RAA 5/92
of alternative financing
mechanisms
Develop model/test run RAA 5/92
Evaluation phase/review RAA 6/92
results for Fiscal Impact
Analysis
Determine net fiscal RAA 6/92
of various alternatives
c. Presentation of Micro Analysis RAA* 7/92
to Service/Revenue Committee,
ESC and to the ITF
* With Service/Revenue Technical Committee input.
q-5
Exhibit "A"
Page 4
Work Item
Responsibility
Target Date
To meet the above dates, the following must be done:
a. Preferred alternative (or ESC 4/17/92
options) selected by
b. Phasing Plan accepted by ESC 4/17 /92
6. Sphere of Influence Study
a. Background data collection RBF 4/92
begins
b. Submission of progress check RBF 6/92
for City review
c. Preparation of Recommenda- RBF /Staff 8/92
tions/Final
d. Process Sphere of Influence Staff 1/93
through LAFCO (will require
EIR addendum)
To meet the above dates, the following must be done:
a. Preferred alternative (or ESC 4/17/92
options) selected by
b. Begin work on background by RBF 4/1/92
7. Public Participation Program/Public Hearings
a. Joint Planning Commission Staff Begin 4/92
Workshops
b. Planning Groups Briefings Staff Begin 7/92
Sweetwater
Valle de Oro
J amul/Dulzura
Montgomery
c. Other Community Organizations Staff Begin 7/92
Chamber of Commerce
Property Owners (adjacent)
Sweetwater Civic Association
EastLake Homeowners Association
Crossroads
Others
ct.~
Status
Exhibit n A"
Page 5
Work Item
Responsibility
To meet the above dates, the following must be done:
a. Need to discuss
8. Issue and Special Study Papers
a.
Village Definition Including Completed
Densities and Residential Mix
University Siting ESC
Planning for the Lakes Completed
-- Land use south of Otay Lakes
-- Buffer around Otay Reservoir
Otay Valley Regional Park Completed
Resource Sensitivity Analysis Completed
Transportation/Transit and Completed
Villages
Proctor Valley Land Use and Completed
Density
Number of Otay River Valley Completed
Crossings
b.
c.
d.
e.
f.
g.
h.
To meet the above dates, the following must be done:
a. Need to discuss
9.
Post ITF Recommendation: Begin
City/County Approval Process
including the Public Benefit/
Development Agreement
considerations
Staff
10.
Start Property Tax Agreement Process Staff
a. This begins after Sphere of Influence
and Service/Revenue Plans are
complete.
b. Need to allow at least four months for
this process; needs to be complete
before annexation is finalized.
~...1
Target Date
Status
Accepted by ITF
ITF Agenda 4/92
Accepted by ITF
Accepted by ITF
Accepted by ITF
Accepted by ITF
Accepted by ITF
Accepted by ITF
6/92-2/93
TBA
Exhibit "A"
Page 6
Work Item
Responsibility
Target Date
Status
11. Other regional issues/studies in pro-
gress that will require coordination/
monitoring during this planning
effort:
a. County Landfill Project Team 3/11/92 ongoing
b. Regional Airport Project Team 3/11/92 ongoing
c. South Bay Transit Study Project Team 3/11/92 ongoing
d. SR-125 Toll Road Study Project Team 3/11/92 ongoing
e. Clean Water Program Project Team 3/11/92 ongoing
f. Otay Valley Regional Park Project Team 3/11/92 ongoing
Planning Process
g. East Otay Mesa Specific Plan Project Team 3/11/92 ongoing
h. Natural Community Conserva- Project Team 3/11/92 ongoing
tion Program (NCCP)
memos:\exhibita.ajl
Ct-~
RESOLUTION NO. {1,t;?1t:t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND LETTIERI-McINTYRE &
ASSOCIATES, PROJECT MANAGER AND THE BALDWIN
VISTA ASSOCIATES FOR PROFESSIONAL SERVICES TO
ASSIST THE OTAY RANCH TEAM GENERAL MANAGER,
AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
WHEREAS, a modification of the Agreement between the City
of Chula vista and Lettieri-McIntyre & Associates and Baldwin vista
Associates for temporary planning assistance is needed; and
WHEREAS, the assistance will focus on processing of the
General Development Plan and related documents for the
approximately 23,OOO-acre Otay Ranch Project; and
WHEREAS, this is a reorganization of project duties
within the Otay Ranch Project ran than new services; and
WHEREAS, said Agreement has the concurrence of both the
city of Chula vista and San Diego County staff as well as the
applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Agreement between
the City of Chula vista and Lettieri-McIntyre & Associates, project
Manager and the Baldwin vista Associates for Professional Services
to assist the otay Ranch Team General Manager, known as Document
C092-41, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
George Krempl, Deputy city
Manager
APpr7d .
'~f /
ruce M. ity
Attorney
Presented by
C:\rs\mod 1 Otay Ranch
q-1/ ".../0
CONTRACT FOR ASSISTANT SERVICES FOR
GENERAL MANAGER OF THE OTAY RANCH PROJECT
THIS AGREEMENT, dated this day of , March, 1992
for the purpose of reference only and effective as of the date last
executed by the parties hereto, is between the CITY OF CHULA VISTA,
a Chartered municipal corporation ("city"), BALDWIN VISTA
ASSOCIATES, a California limited partnership ("Applicant"), and
LETTIERI-MCINTYRE & ASSOCIATES, INC. ("Consultant"), and is made
with reference to the following facts:
WHEREAS, City, Applicant and Consultant entered into an
agreement dated October 8, 1991 by which Baldwin agreed to pay for
and Consultant agreed to provide to the city general management
services over the Otay Ranch Project in the person of Tony Lettieri
("General Management Services Agreement"); and
WHEREAS, the parties desire that the General Management
Services are to be augmented by an assistant to the person of Tony
Lettieri, the cost of which will be paid for by Applicant.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant agrees to retain and assign to the otay Ranch
Project the person of Mary May and shall require Ms. May to
assist General Manager Lettieri from the effective date of
this agreement until June 30, 1992 in the following areas:
(a) Provide project coordination services to include public
agency and Applicant contacts, critical path/flow chart
preparation on a weekly basis and monthly assignment
sheets for each working group assigned to the otay Ranch
project.
(b) Assist General Manager Lettieri in the preparation for
scheduling and coordination of the Public Participation
Program, including all work associated with community
planning groups, joint Planning Commission workshops,
Montgomery Planning Committee and other public
presentations.
(c) Assist General Manager Lettieri on the sphere of
influence study.
(d) Perform such other duties as are assigned to her by
General Manager Lettieri to insure the timely completion
of the project.
2. Consultant agrees that the Sphere of Influence Study shall
begin on April 1992.
1
,,- II
3. Applicant agrees to compensate Consultant for the costs
of retaining Ms. May at the rate of $55 per hour not to
exceed $20,000, which compensation may be paid by City
from the Otay Ranch Trust Fund.
4. All other rights, duties and obligations of the parties
to the General Management Services Agreement shall remain
in full force and effect except as may be specifically
augmented by this Agreement.
THE CITY OF CHULA VISTA
LETTIERI-McINTYRE & ASSOCIATES
By:
Mayor
Attest
City Clerk
BALDWIN VISTA ASSOCIATES, L.P.
A Ca. Limited Partnership
By: Baldwin Builders, a Ca.
corporation, General Partner
"'r
By:
Greg Smith, President
Bruce M. Booga
city Attorney
C:1Ar1Muy May
2
'1-11.
COUNCIL AGENDA STATEMENT
Item It)
Meeting Date 3/17/92
ITEM TITLE:
Resolution 1~5'io Designating the Director of Planning
the City official to request shortened review periods
environmental documents from the Office of Planning
Research
as
for
and
SUBMITTED BY: Director of Planning
City Manager~
v~
The California Environmental Quality Act (CEQA) provides that Draft EIR's
shall be processed through the State Clearing House within a 45-day review
period and negative declaration within a 3D-day review period. However, there
is a provision for a shortened review period under special conditions. This
is subject to the request of the City Councilor a designated official. Under
limited conditions this provision could provide for a quicker review process.
One case at hand is the Ka i ser/EastLake Vill age project whi ch coul d benefi t
from fast-track approach (see attached State guidelines).
.J .1
.YC
REVIEWED BY:
(4/5ths Vote: Yes___No-X-)
RECOMMENDATION: Adopt the resolution designating the Director of Planning
or his designee as the City official to request a shortened review period of
environmental documents from the State Office of Planning and Research.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
FISCAL IMPACT: Not applicable.
WPC D208p
.
/~-/ )()-2.
RESOLUTION NO.
IIA5I/P
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, DESIGNATING CITY
OFFICIALS FOR THE PURPOSE OF REQUESTING
SHORTENED ENVIRONMENTAL DOCUMENT REVIEW FROM THE
OFFICE OF PLANNING AND RESEARCH
WHEREAS, the period of publ ic review of draft environmental impact
reports ("DEIRs") is required by the provisions of PUblic Resources Code
Section 21091, effective January I, 1990, to be not less than 30 days, unless
the DEIR is required to be submitted to the State Clearinghouse for review, in
which case the review period shall be 45 days; and
WHEREAS, said Section 21091 permits the Office of Planning and
Research ("OPR") to shorten review periods; and
WHEREAS, the OPR has established criteria for shortening the normal
review periods for Negative Declarations and EIRs; and
WHEREAS, said Section 21091 (d) (3) requires that any request for a
shortened review period shall only be made in writing by the City Council or
by a person designated by the City Council ("Requesting Agent") to request a
shortened review as long as the Requesting Agent notifies the City Council of
the request for shortened review.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Sect ion 1. The Di rector of Pl anni ng of the City of Chul a Vi sta or
his written designee shall be, and is hereby, authorized to request and
sol i cit from the Offi ce of Pl anni ng and Research, on behalf of the Ci ty
Council, permission to use a shortened period of time for public review of any
draft environmental impact report or negative declaration for which the CIty
has been designated the lead agency.
Section 2. Said Requesting Agent shall exercise said authority
when, in the sole discretion of said Requesting Agent, the circumstances of a
particular case justify, under OPR Guidelines, the granting of such a request.
Section 3. Said Requesting Agent shall notify the City Council by a
written informational memorandum when the authority hereby granted has been
exercised.
Section 4. This resolution shall take and be in full force and
effect immediately upon the passage and adoption hereof.
Section 5. The City Clerk shall certify to the passage and adoption
of this resolution; shall enter the same in the book of original resolutions
of said City; and shall make a minute of the passage and option hereof in
the minutes of the meeting at which the same is ssed and a 0 ted.
PRESENTED BY:
BYil
Bob Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
WPC 0210p
1():3
r...~...... t;IIlnPtV-M.-.--
SHORTENED REVIEW
U Jlder ~l1oIl1l c:IrcIuNtanc:l!S, when requestecl by the J.ad agency, the OElke of
PlannIng and R...rch (On> _y morten the normal review perlod.t for Neptive
n.,.1a"'~1II and Bnvlrorlmental Impact Reports.
on baa c:lneJoped procedures for IaclI1tating thae requests, pu1'8IWIt to Publ1c
RIIoIirlW Code SIc:tlon 21091.
The Oftk:e of P1Innlng and RBurch requ1rts that reqUlfts for Ihormled revl.ewB ","'t
be I\lbmittlcl to CPR along with the required 10 cople of the environmental doc:wnmt.
Furthermore, the request must exp1al%l why the shortened. review Is being requested. Valid
Ihortened review requests must .trictly follow the Shortened RevIew ~edW'l!S
and must adhere to the following crlteria (per Sectlon 21091 of the Publlc Cod.):
On. Cl'ltula for Approvlq lborteDed llnIew
1) The lead agency 11 operating under an extension of the one yar ptriocI. for project
revWw; or
2) The p..,jooctappllamt II unclenevere t1meconatralntl with reprd toobtalNns fIrIandl\g
or ecerclIina optiollli Dr
3) The lead apIICy' hat already obtained approval lor a ahortened review pciod from
.pona1b1e ancl concerned .tate apndesl or
.) The document II a IUppleJl\er\t to . document previoualy IUbmitted to the State
CleIringhouse for review;
aIId
5) The ate l'IViIw hu not yet begun.
In the CUI of a DraA Environmental Impact Report, the 1ead agency Ihould have sent
aNol1ce of Preparation to appropriate .tateagendes,and should hav,colllulted with them
Irl the cue of a Neptive n-I....tion.
Once the .hortened review nquest has been deemed appropriate, the CIarl.nshouae
will contact rapolWible and concerned state agendes. U an agree to .hortenlrlg the review
period, the rwview data are let and the document Is cI1atributed for review upon final
approval by the Dvputy DIrector of om Permit Alalltance.
Ib_l.idd. Beftew B.eqaut: Proced......
1) A requat must hemad. toOPIUn wrltlftl by th. UdIItm-rrWdng bodyofthe lcedapncy.
The requett JnUtt come from a properly authorlzed repraentatlve of the lead agency
and shall be made on *d aprq letterhud or the Offtce of PlannIng and R8March
(OPR) Shortellld Review Ponn (Form F). Attaeh a copy of the rwsolutlon or ordIrlarv:.
lrom the dtdalon.makl.ns body of the IeId .gency dlliptinS the authority of the
requtltor.
2) A requMt mUlt explain the "exceptional c:trcwnItanc:." for mald1'II the l'ICl'l-t.
3) A raquest DIUIt ICCODIpany the 10 copies of the environmental docwnent subl1'lltted to
theSlate~.
.) A requat will not be .pproved if the project hu 1fIItftl7i4" "rlOflld, or .".wUI, .ig-
""'MtIL (SfI uzI TJi'pJ
5) Apptoval for I ahonenecl revlew shall be obtained before iNuing the publk: notice of
avallabWty. .
6) 1111 public rwv1ew pciod IhaJl be at leut u long u the period of rmew lit by OPR.
/~-f'
15
---~.......
eaw......... ...........I!II~Jg-........
m
1ROJlT-
BNBD
uvmw
7) Asbortened revieW penod fora N.ptlve Declaratlonaha1lnot be approved forl_thaft
21 dayt.
IS) A ahort8nId. review period for an Envlronmental ImpKt Report aha1l not be approved
far ... than 30 day..
u
Projects of Statewide, Regional, or Areawide Significance
State CEQA Guidelines (Section 752(6)
'l1teH projectl ~ IUIt eI1&1b1e lor shortened reviewI:
A.l Project Type'
1) A propoeed localsenera1 plan, element, or amendment for wtW:h as\ BIR wu
~
8) ~ject DeftI....Ilt:
1) A project that 1w the potential for caualn~t environmental tffIctI beyond
the dty or county where the project II tee!, W:ludlnl traffk: aM air qUality
~
2) A nsldentlal development of more thaft 500 UJlits.
3) AIho~1 orbuIintU atabUshment of more t1w\500.oooaquarefeet of floor.pace,
or mort thin 1,000 employ...
.) A c:ommen:IalofB.ce bu11d1ng of more than 250,000 aquare feet offloortpace, or more
than 1.000 lIl\p1oyea.
5) A hotel/motel of more thin SOO rooIZlI.
6) Anlrdustrlal. manufac:turins:. or FOCesslng plant, orirlduatrial parkocxuovinrmor.
than40acres,encompue1ngmore than 650,000 aquarefeetolfloorlpllCl, oi employing
more than 1.000 persona.
7) Cancellation of. "WUl1alNOn Ju:t(' parcel of 100 or more acres.
IS) Jnted~iI!I\ce with attainment of regional _tel' quality Itandarda.
9) A ~Ject for howling. lobi, or oa:upanc)' of 500 or more people within 10 I1'lfles 01.
".'Cl.... power plant.
10) Sensitive w11dllf. habitat, Including ri~ 1.andI, wetIazIdI, baY', INJ'lhes,.tuar-
_, and habitats for rare and ~ .pedM.
C) JIIroject tooadOll'
1) The Lake Tahoe 1Min.
2) TIle Slnta Mcmlc:a MountaIN Zone.
3) The Call1omla COIIlal ZoM.
') ThlI SKnmtn~ Joaqu!rI Delta.
5) 'nlII SuIsun Marsh.
6) TIle JurtId1ctIon of the Sa1\ FrandIco Bay Conservation and Deve1opmet'1t CommIa-
lion.
" Ala as. wtthln II' IIIIJe of . wild and Kale river.
/61-~
eatu.ata....dlul...--........
Shortened Revlaw Raqua. 'orm
...... ,
(To bIl ftlled QUlIIId Iipod by lbo l.-I ApIq md IUbmllled willi prDject doc:umenlllll SCH)
To: Stale CleIrin&hOllIC
1400 Tenth Screet
Sacnmellto, CA 95814
from:
,.."'~,
.....
P\loIIe r. ( )
SCH'
Comact:
Project nile:
Projool LorIlloo1:
Cil1
c-,
explain "uoeptlonal clrCU/ftItanClIlI" (CIQA. section 1nos(d)) for NqUeatlnllalhortenlcf...,.:
Wit ltata rnponalble . tnlal.. a".neln, .. well.. lIlY allenel.. thllt have commented on tile projecl CI4NI
~ CO'"' ~t'" dt1c_,., '" """ .,.IIIJiu):
M doIipll/ld ,..~......tlvt for the IeId aaencY ,I wrIfy ,iD lbeit bIhaIf. dIa1l1tae II no "IIIlewIde, rqIolW. <<nnIdC
sipliflcIn;I" eo dliI project (Aallch . Cllp)' of &he reeolutlon or cmIlnaDce trom the <<*ltl"".1lIIIdq body rJllbe IIId IpIIC)'
wbleb Mlp'.... the reqllllllll".lUlhorlty.)
Leqlh of..... belnJ NIl - ~. dayI
Today'. cIaII:
PrlIII N_
lIunn
....... 00IIIW 1_
10
/t/-7
~ '~
COUNCIL AGENDA STATEMENT
Item J J
.
SUBMITTED BY:
Meeting Date 3/17/92
Resolution /"">'11 Approving Agreement for Professional
Consultant Services with Willdan and Associates for the
Preparation of a Public Facilities Finance Plan Update for the
EastLake I SPA Plan/Kai~~~~osPital Project
Di rector of Pl anni ng ;t:;Jt"
"'
City Manage?1" (4/5ths Vote: Yes___No-X-)
The attached agreement for professional consultant services with Willdan and
Associates is for an update to the EastLake I Public Facilities Finance Plan
in conjunction with the proposed Kaiser Hospital project as required by the
City's Growth Management Ordinance.
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: That Council approve the attached agreement and authorize
the Mayor to sign on behalf of the City Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSS ION:
In October 1991, the EastLake Development Company fil ed an app 1 i cat i on wi th
the City to amend the EastLake I SPA Plan to permit the Kaiser Medical
Center/Hospital project. This regional medical center is proposed to be
located within the EastLake I Village Center (30.6 acres) at EastLake Parkway
and Otay Lakes Road. The project will be phased over 10-15 years and will
ultimately contain approximately 1.3 million square feet including a medical
office building, two hospitals containing 439 beds and a 5,400 space parking
structure. The site is part of the original EastLake I SPA Plan. Since the
EastLake I Publ ic Facil ities Finance Plan needs to be updated, the EastLake
Development Company concurs with the Public Facilities Finance Plan update in
conjunction with the SPA Plan amendment.
Wi 11 dan and Assoc i ates was selected after proposal s were soli cited from six
consulting engineering/facilities planning firms that have demonstrated
expertise in engineering, planning and public facility financing. Interviews
were conducted with the two consult i ng fi rms that submi tted proposal s. The
competing bid was over twice the amount quoted by Willdan and Associates. The
interview panel consisted of city staff from Planning, Engineering and
Finance. Selection was based upon the firm's expertise, experience, cost and
knowledge of the City's Growth Management Program. The firm currently has two
contracts in the City to complete PFFPs for Telegraph Canyon, Baldwin and Salt
Creek Ranch. These contracts total $84,200 of which $37,510 has been paid to
date. The proposed agreement is recommended to ass i st in implement i ng the
Growth Management Ordinance for the proposed Kai ser Hospital project.
EastLake has reviewed this proposed agreement, and is in support of it.
1/-' I
Page 2, Item 1'1
Meeting Date 3/17/92
The decision to recommend hiring an outside consultant firm to prepare this
update of the EastLake I Publ ic Facil Hies Finance Plan is primarily based
upon EastLake's request to "fast track" the plans for the Kaiser Hospital
project. The attached agreement calls for a 30 day target for preparation of
the plan update.
In addition, the firm of Willdan Associates has .the professional expertise in
the areas of engineering, planning, and public facility/services financing to
carry out the ass ignment. Th is fi rm has recently demonstrated thei r
capabilities within schedule on comparable projects.
Willdan and Associates possesses the multi-disciplinary skills to prepare the
plan in a short period of time. Their capabilities include engineering
expertise in public facility, planning, design and cost estimating; expertise
in public facility financing including assessment districts, Mello-Roos and
development impact fee program; expertise in water, sewer and drainage
facility engineering, design and cost estimating; and expertise in the public
facility threshold analysis and phasing required by the City's Growth
Management Ordinance.
FISCAL IMPACT: The agreement is for a not-to-exceed amount of $26,500, and
will be paid by the applicant through a deposit account arrangement.
Therefore, there will be no impact on the City's General Fund.
WPC 0101p
/ /-;..
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF CHULA VISTA,
WILLDAN AND ASSOCIATES, AND THE EASTLAKE DEVELOPMENT COMPANY
FOR PREPARATION OF A PUBLIC FACILITIES
FINANCE PLAN UPDATE FOR THE
EASTLAKE I SPA PLAN/KAISER HOSPITAL PROJECT
WHEREAS, the City of Chula Vista is in need of professional
consulting services to prepare an update to the EastLake I Public Facilities
Finance Plan for the EastLake I SPA Plan/Kaiser project; and
WHEREAS, the City of Chula Vista staff distributed a Request for
Proposal to six professional consulting firms with experience and knowledge of
public facilities finance planning; and
WHEREAS, Willdan and Associates submitted a proposal and was
subsequently interviewed for selection; and
WHEREAS, Willdan and Associates was selected as the most qual ified
firm with the concurrence of the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista; the
firm of Willdan and Associates, a consulting company; and the EastLake
Development Company, do hereby mutually agree as follows:
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A,
for the purposes of reference only, and effective as of the date last executed
by the parties hereto, between the City of Chula Vista ("City") herein, a
municipal corporation of the State of California, the person designated on the
Attached Exhi bi t A as "Consultant" ("Consultant") whose bus iness form and
address is indicated on the attached Exhibit A, and the person designated on
the Attached Exhibit A as "Applicant" ("Applicant") whose business form and
address is indicated on the attached Exhibit A, and is made with reference to
the following facts:
2. Recitals, Warranties and Representations.
2.1 Warranty of Ownership.
Applicant warrants that Applicant is the owner of land (.Property.)
commonly known as, or generally located as, described on Exhibit A, Paragraph
I, or has an ootion or other entitlement to develoo said Prooertv.
2.2 Applicant desires to develop the Property with the Project
described on Exhibit A, Paragraph 2, and in that regard, has made application
("Application.) with the City for approval of the plan, map, zone, or other
permits ("Entitlements") described on Exhibit A, Paragraph 3.
IIPC 0158p
-1-//_,1
2.3 In order for the City to process the Application of Applicant, Work
of the general nature and type described in Exhibit A, Paragraph 4, ("Work")
will need to be completed.
2.4 City does not presently have the "inhouse" staff or expertise to
prepare the plan within the time frame requested by the Applicant.
2.5 This agreement proposes an arrangement by which Appl icant shall
retain, and be liable for the costs of retaining, Consultant, who shall
perform the services required of Consultant by this Agreement solely to, and
under the direction of, the City.
2.6 Additional facts and circumstances regarding the background for
this agreement are set forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1 Emolovment of Consultant bv Aoolicant.
Consultant is hereby engaged by the Appl icant, not the City, and at
Applicant's sole cost and expense, to perform to, and for the primary benefit
of, City, and solely at City's direction, all of the services described on the
attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and
delivering said General Services, Consultant shall also perform to and for the
benefit of City all of the services described in Exhibit A, Paragraph 5,
entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all
within the time frames herein set forth, and in particular as set forth in
Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period
of time for the diligent execution of Consultant's duties hereunder. Time is
of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed
Services to and for the primary benefit of the City for the compensation
herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant
shall do so in a good, professional manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations, at its own cost
and expense except for the compensat i on and/or reimbursement, if any, herei n
promised, and shall furnish all of the labor, technical, administrative,
professional and other personnel, all supplies and materials, machinery,
equipment, printing, vehicles, transportation, office space and facilities,
WPC 0158p
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calculations, and all other means whatsoever, except as herein otherwise
expressly speci fi ed to be furni shed by the Ci ty or Appl i cant, necessary or
proper to perform and complete the work and provide the Services required of
the Consultant.
3.2 ComDensation of Consultant.
Applicant shall compensate Consultant for all services rendered by
Consultant without regard to the conclusions reached' by the Consultant, and
according to the terms and conditions set forth in Exhibit C adjacent to the
governing compensation relationship indicated by a "checkmark" next to the
appropriate arrangement, by paying said amount to the City, within 15 days of
billing the applicant, and upon receipt of such payment by the City, City
shall promptly, not later than 15 days, pay said amount to the Consultant.
City is merely acting in the capacity as a conduit for payment, and shall not
be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to
the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of
City, determines that additional services ("Additional Services") are needed
from Consultant of the type Consultant is qual ified to render or reasonably
related to the Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional services on a time
and materials basis paid for by Applicant at the rates set forth in Exhibit C,
unless a separate fixed fee is otherwise agreed upon in writing for said
Additional Work between the parties.
3.2.1.1. In the event that the Ci ty shall determi ne that
additional work is required to be performed above and beyond the scope of
work herein provided, City will consult with Applicant regarding the
additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its
option, suspend any further processing of Applicant's application until
the Appl icant shall deposit the City's estimate of the costs of the
additional work which the City determines is or may be required.
Applicant shall pay any and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consul tant, from time
to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time and
materials budgeted by Consultant for the Services deleted.
WPC 01S8p
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3.3 Securitv for PaYment of Comoensation bv Aoolicant.
3.3.1. Deposit. As security for the payment of Consultant by
Appl icant, Appl icant shall, upon execution of this Agreement, deposit the
amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee
for Consultant, the conditions of such trust being as indicated on Exhibit C
and as hereinbelow set forth:
3.3.1.1. Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from
said Deposit all costs incurred by City for which it is entitled to
compensation by law or under the terms of this agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if
any, shall accrue to the benefit of, and be used for, Trust purposes. City
may, in 1 ieu of deposit into a separate bank account, separately account for
said deposit in one or more of its various bank accounts, and upon doing so,
sha 11 proport ionately di stri bute to the Depos i t Trust, the average interest
earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount,
including any unused interest earned, shall be returned to Applicant not later
than 30 days after the termination of this Agreement and any claims resulting
therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days
after termination of the use of the Deposit in any manner. Nothing herein
shall invalidate use of the Deposit in the manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably
determine that inadequate funds remain on Deposit to secure future
compensation likely due Consultant or City, City may make demand of Applicant
to supplement sa i d Depos i t Amount is such amount as City shall reasonably
specify, and upon doing so, Appl icant shall, within 30 days pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing the original
Depos it.
3.3.2. Withholding of Processing.
In addi t i on to use of the Depos it as securi ty, in order to secure
the duty of Appl i cant to pay Consul tant for Servi ces rendered under thi s
agreement, City shall be entitled to withhold processing of Applicant's
Application upon a breach of Applicant's duty to compensate Consultant.
WPC 0158p
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4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsu1tants
employed by it in connection with the Services required to be rendered, are
protected against the risk of loss by the following insurance coverages, in
the following categories, and to the limits specified, policies of which are
issued by Insurance Campani es that have a Best's Rat ing of "A, Class V" or
better, or shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's
Liabil ity Insurance coverage in the amount set forth in the attached Exhibit
A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph
10, combined single limit applied separately to each project away from
premises owned or rented by Consultant, which names City and Appl icant as an
Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the
City and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in
the General Liability policy.
4.2. Proof of Insurance Coveraoe.
4.2.1. Certificates of Insurance. Consultant shall demonstrate
proof of coverage herein required, prior to the commencement of services
required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional
Insured.
4.2.2. Pol icy Endorsements Required. In order to demonstrate the
Additional Insured Coverage, Primary Coverage and Cross-liability Coverage
required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City and Applicant
demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the
responsibility of the City and the Applicant. The Consultant shall not
publish or release news items, articles or present lectures on the Project,
either during the course of the study or after its completion, except on
written concurrence of the City and Applicant.
WPC 0158p
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4.4. Communication to Aoolicant.
Consultant shall not communicate directly to the Applicant except in the
presence of the City, or by writing an exact copy of which is simultaneously
provided to City, except with the express consent of City. The Consultant may
request such meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
5. Non-Comoensation Duties of the Aoolicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the
use by the Consultant and City, such documents, or copies of such documents
requested by Appl icant, within the possession of Appl icant reasonably useful
to the Consultant in performing the services herein required of Consultant,
including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Prooertv Access.
The Appl icant hereby grants permission to the City and Consultant to
enter and access the Property, to tak.e any bori ngs, mak.e any tests, conduct
any surveys or reconnaissance necessary to deliver the Services of Consultant,
subject to the approval of the Applicant. Consultant shall promptly repair
any damage to the subject property occasioned by such entry and shall
indemnify, defend, and hold Appl icant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising from any such
entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the
presence of the City, or by writing an exact copy of which is simultaneously
provided to City, except with the express consent of City. The Applicant may
request such meetings as they desire with the Consultant to ensure the
adequacy of services performed by Consultant.
6. Administrative Reoresentatives.
Each party designates the individuals ("Administrators") indicated in
Exhibit A, Paragraph 8, as said party's contract administrator who is
authori zed by said party to represent them in the rout i ne admi ni strat ion of
this agreement.
7. Conflicts of Interest
7.1. Consultant is DesiQnated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC
fil er", Consultant is deemed to be a "Consul tant" for the purposes of the
Political Reform Act conflict of interest and disclosure provisions, and shall
WPC 0158p
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report his economic interests to the City Clerk on the required Statement of
Economic Interests in such reporting categories as are specified in Paragraph
9 of Exhibit A, or if none are specified, then as determined by the City
Attorney.
7.2. Decline to ParticiDate.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant shall not make, or participate in making or in any way attempt to
use Consultant's position to influence a governmental decision in which
Consultant knows or has reason to know Consultant has a financial interest
other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant warrants and represents that Consultant has diligently conducted a
search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and
has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's
duties under this agreement.
7.4. Promise Not to Acauire Conflictina Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant further warrants and represents that Consultant will not acquire,
obtain, or assume an economic interest during the term of this Agreement which
would constitute a confl iet of interest as prohibited by the Fair Pol itical
Practices Act.
7.5. Dutv to Advise of Conflictina Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant further warrants and represents that Consul tant wi 11 illllledi ately
advise the City Attorney of City if Consultant learns of an economic interest
of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. SDecific Warranties Aaainst Economic Interests.
Consultant warrants and represents that nei ther Consultant, nor
Consultant's illllledi ate family members, nor Consultant's employees or agents
("Consultant Associates") presently have any interest, directly or indirectly,
whatsoever in the property-which is the subject matter of the Project, or in
any property within 10 radial miles from the exterior boundaries of the
property which is the subject matter of the Project, or ("Prohibited
Interest").
WPC 01S8p
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Consul hnt further warrants and represents that no promi se of future
employment, remuneration, consideration, gratuity or other reward or gain has
been made to Consultant or Consultant Associates by Applicant or by any other
party as a result of Consul tant' s performance of thi s Agreement. Consul hnt
promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after
the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the
Consul tant breaches thi s agreement or if the Consul tant refuses or fai 15 to
pursue the work under th is agreement or any phase of the work wi th such
diligence which would assure its completion within a reasonable period of
time. Termi nat i on of thi s agreement because of a default of the Consul tant
shall not relieve the Consultant from liability of such default.
9. Citv's Riaht to Terminate Pavment for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement,
the CITY shall have the absolute right at any time to terminate this agreement
or any work to be performed pursuant to this agreement.
9.2. In the event of termination of this agreement by the CITY in the
absence of default of the Consultant, t~e City shall pay the Consultant for
the reasonable value of the services actually performed by the Consultant up
to the date of such termination, less the aggregate of all sums previously
paid to the Consultant for services performed after execution of this
agreement and prior to its termination.
9.3.
damage or
herein, in
The Consultant hereby expressly waives any and all claims for
compensation arising under this agreement, except as set forth
the event of such termination.
9.4. In the event of termination of this agreement, and upon demand of
the City, the Consultant shall deliver to the City, all field notes, surveys,
studies, reports, plans, drawings and all other materials and documents
prepared by the Consultant in performance of this agreement, and all such
documents and materials shall be the property of the City; provided however,
that the Consultant may retai n copi es for thei r own use and the Ci ty shall
provide a copy, at Applicant's cost, of all such documents to the Applicant.
9.5. Appl icant shall have no right to terminate Consultant, and shall
not exercise any control or direction over Applicant's work.
WPC 0158p
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10. Administrative Claims ReQuirement and Procedures
No suit shall be brought arising out of this agreement, against the City,
unless a claim has first been presented in writing and filed with the City of
Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the
provisions of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnifv Citv and Aoolicant re Iniuries.
Consultant agrees to indemnify and hold the City and Appl icant harmless
against and from any and all damages to property or injuries to or death of
any person or persons, including officers, employees, agents, or
representatives of the City or Applicant, and shall defend, indemnify and hold
harmless the City and Applicant, their elected officials, officers, agents and
employees and representatives, from any and all claims, demands, suits,
actions or proceedings of any kind or nature, of or by anyone whomsoever, in
any way resulting from or arising out of the negligent or intentional acts,
errors or omissions of the Consultant or any of its officers, agents,
employees, or representatives, committed in or which should have been
committed in the performance of this Agreement.
11.2. Aoolicant to Indemnifv Citv re: Comoensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against
and from any and all claims, losses, damages, expenses or expendi tures of
City, including its elected officials, officers, employees, agents, or
representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by tnis Agreement.
12. Miscellaneous.
12.1. Consultant not authorized to Reoresent Citv.
Unless specifically authorized in writing by City, neither Consultant nor
Appl icant shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
12.2. Notices.
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands and
requests to be sent to any party shall be deemed to have been properly given
or served if personally served or deposited in the United States mail,
addressed to such party, postage prepaid, registered or certified, with return
receipt requested, at the addresses identified for the parties in Exhibit A.
WPC 01S8p
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12.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein
legally required to be given shall in itself create the right in the parties
to any other or further notice or demand in the same, similar or other
circumstances.
12.4. Entire Aareement.
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
12.5. CaDacitv of Parties.
Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement; that all resolutions or other actions
have been taken so as to enable it to enter into this Agreement.
12.6. Governina Law/Venue.
This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista,
or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista.
12.7. Modification.
No modification or waiver of any provision of this Agreement shall be
effective unless the same shall be in writing and signed by the parties
hereto, and then shall be valid only in the specific instance and for the
purpose for which given.
12.8. CounterDarts.
Thi s Agreement may be executed in more than one counterpart, each of
which shall be deemed to be an original but all of which, when taken together
shall constitute but one instrument.
12.9. Severabilitv.
In the event that any provision of this Agreement shall for any reason,
be determined to be invalid, illegal, or unenforceable in any respect, the
part i es hereto .shall negot i ate in good faith and agree to such amendments,
WPC 01S8p
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modifications, or supplements to this Agreement or such other appropriate
action as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties as
reflected herein.
12.10. ~eadinas.
The captions and headings in this Agreement are for convenience only and
shall not define or limit the provisions hereof.
12.11. Waiver.
No course of dealing or failure or delay, nor the single failure or
delay, or the partial exercise of any right, power or privilege, on the part
of the parties shall operate as a waiver of any rights herein contained. The
mak.ing or the acceptance of a payment by either party with k.nowledge of the
existence of a breach shall not operate or be construed to operate as a waiver
of any such breach.
12.12. Remedies.
The rights of the parties under this Agreement are cumulative and not
exc 1 us i ve of any ri ghts or remed i es wh i ch the part i es mi ght otherwise have
unless this Agreement provides to the contrary.
12.13. No Additional Beneficiaries.
Oespi te the fact that the requi red performance under thi s agreement may
have an affect upon persons not parties hereto, the parties specifically
intend no benefit therefrom, and agree that no performance hereunder may be
enforced by any person not a party to this agreement. Notwithstanding the
foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for
by Applicant.
(End of Page.
Next Page is Signature Page.)
I/PC 0158p
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SIGNATURE PAGE TO
AGREEMENT BETWEEN CITY OF CHULA VISTA,
EASTLAKE DEVELOPMENT COMPANY (APPLICANT),
AND (CONSULTANT)
Now, therefore, the parties hereto, having read and understood the terms
and conditions of this agreement, do hereby express their consent to the terms
hereof by setting their hand hereto on the date set forth adjacent thereto.
DATED:
CITY OF CHULA VISTA
BY:
ATTEST:
Beverly Authelet
City Clerk
APPROVED AS TO FORM:
Bruce M. Boogaard
City Attorney
DATED:
CONSULTANT:
BY:
DATED:
APPLI CANT:
BY:
WPC 0158p
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EXHIBIT A
Reference Date of Agreement: March 17, 1992
Effective Date of Agreement: March 17, 1992
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Willdan and Associates
Business Form of Consultant:
[ ]
[ ]
[ X ]
Sole Proprietorship
Partnership
Corporation
Address:
6363 Greenwich Drive, Ste. 250, San Diego, CA 92122-3939
Applicant: EastLake Development Company
Business Form of Applicant:
[ ]
[ X ]
[ ]
Sole Proprietorship
Partnership
Corporation
Address:
900 Lane Avenue, Chula Vista, CA 91914
1. Property (commonly known address or General Description):
EastLake I Village Center located at Otay Lakes Road and EastLake Parkway
(71.8 acres of vacant land).
2. Project Description ("Project"):
See attached Project Description.
3. Entitlements applied for:
Public Facilities Finance Plan for EastLake I SPA Plan Amendment.
4. General Nature of Consulting Services ("Services--General"):
The preparation of draft (Deliverable No. I) and final public facilities
finance (Deliverable No.2). Said plan shall identify the project
characteristic, describe public facility impacts, identify facility
improvements and costs, identify phasing schedule for public facility
improvements, describe the financing plan, identify threshold compliance,
and include a description of completed development and public facilities
from project start to today.
WPC 0159p
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5. Detailed Scope of Work ("Detailed Services"):
See attached Work Plan.
6. Schedule, Milestone, Time-limitations within which to Perform Services.
Date for Commencement of Consultant Services:
[ ] Same as Effective Date of Agreement
Dates or Time limits for Delivery of Deliverables:
Deliverable No.1: April 17, 1992
Deliverable No.2: May 22, 1992
Dates for completion of all Consultant services: City Council
public hearing on Eastlake I Public Facilities Financing Plan Update.
7. Documents to be provided by Applicant to Consultant:
Comolete aoolication for SPA Plan Amendment. Master
Precise Plan. Kaiser Precise Plan. draft E.I.R..
includinq Traffic Studv
B. Contract Administrators.
[ ]
[ ]
[ X ]
site plans
architectural elevations
other:
[
[
] grading plans
] project description
City: Ken lee, Assistant Director
Applicant: Bruce Sloan, Eastlake Development Company
Consultant: Tom Bandy, Willdan and Associates
9. Statement of Economic Interests, Consultant Reporting Categories, per
Conflict of Interest Code:
[ X ] Not Applicable. Not an FPPC Filer.
[ ] Category No. 1. Investments and sources of income.
[ ] Category No. 2. Interests in real property.
[ ] Category No. 3. Investments, interest in real property and
sources of income subject to the regulatory,
permit or licensing authority of the department.
WPC 0159p
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[ ] Category No.4.
[ ] Category No.5.
[ ] Category No.6.
[ ] Category No.7.
10. Insurance Requirements:
Investments in business entities and sources of
income which engage in hnd development,
construction or the acquisition or sale of real
property.
Investments in business entities and sources of
income of the type which, within the past two
years, have contracted with the City of Chuh
Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
Investments in business entities and sources of
income of the type which, within the past two
years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
Business positions.
[ X ]
[ X ]
[ X ]
[ X ]
[ ]
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
Errors and Omissions insurance: $250,000 (not included in
Commercial General Liability coverage).
WPC 0159p
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EXHIBIT A (2)
2.0 PROJECT DESCRXPTXON
2.1 Location
The EastLake Activity center/Kaiser Hospital project site is
located on 71.8 acres of vacant land in the City of Chula Vista's
EastLake planning area (see Figure 2-1). This site is divided into
two principal areas. The western portion is bounded by the right-
of-way for state Route 125 on the west, EastLake Parkway on the
north, and otay Lakes Road on the south (see Figure 2-2). The
eastern portion of the project site extends to the east of EastLake
Parkway and is bounded by Fenton street on the north, Hale Place on
the east, and Otay Lakes Road on the south.
The EastLake Business Center is located immediately to the north
and east of the project site, with the developing neighborhood of
EastLake Greens located to the southeast. Directly to the south of
the project site, and also within the EastLake Greens SPA, is the
19-acre EastLake II Village Center parcel, which is proposed to be
developed with neighborhood commercial uses.
2.2 Pro;ect Ob;ectives
The objectives of the proposed EastLake Activity Center/Kaiser
Hospital proposal include the following:
1. Meet the current and future demands for a Kaiser
permanente Hospital and Medical Center facility in the
growing southern San Diego County region by designating
the northern portion of the Activity Center within the
EastLake 1 Sectional Planning Area (SPA) for medical
center use.
2. Maintain an adequate commercial component within the
Activity Center by eliminating the previously-approved
residential element from the Activity Center and
expanding the permitted square-footage of office/retail
uses.
3. Provide for 2.0 acres of addi tional business park
development at southeast corner of Fenton Street and
EastLake Parkway.
4. Replace the currently adopted requirement for a" single,
detailed precise plan for the entire EastLake 1 Activity
Center with a two-stage design review process that would
1
_ / /- / r
establish overall site planning criteria for the Activity
Center and create the context for future detailed site
plans for the individual planning areas within the
Activity Center.
2.3 Pro;ect Backaround
A Master EIR was completed for the 3,073-acre EastLake Community in
February, 1982. This Master EIR considered the impacts associated
with the annexation of the project site from the County of San
Diego to the City of Chula vista, as well as the potential impacts
associated with the implementation of a General Plan amendment,
pre zoning and General Development Plan for the future EastLake
development. The discretionary actions associated with the
EastLake proposal, inCluding the zoning of the proj ect area to
Planned Community (PC) and adoption of the EastLake Policy Plan,
were approved by the City of Chula Vista in August 1982.
In 1984, a Sectional Planning Area (SPA) Plan was developed for
1,268 acres of 3,073-acre EastLake community. This SPA Plan,
referred to as EastLake 1, was prepared as a refinement and
implementation framework for the Planned community zoning applied
to the site in 1982. The planning area included 282 acres of
residential development located to the west of the right-of-way for
state Route 125, 157.3 acres of business center development located
generally to the north and east of EastLake Parkway, 71.8 acres of
village center development, and an additional 320.7 acres of future
residential development that has since been incorporated into a
separate SPA Plan, the Eastlake Greens SPA. To address the
potential impacts associated with implementation of the SPA Plan
and the accompanying Tentative Subdivision Maps, a supplemental EIR
(EIR 84-1) was prepared for EastLake 1. The EastLake 1 proposal
was approved and the Supplemental EIR was certified in February
1985.
The EastLake 1 SPA Plan, as adopted in 1985, divides the 1,268-acre
planning area into three maj or components: residential
neighborhood development, business center, and village center (see
Figures 2-3 and 2-4). The proposed amendment site, which is the
subject of this EIR, is referred to in the SPA Plan as the village
center, and is currently designated for mixed use , permitting
multi-family residential use, retail, offices, open space and civic
uses. The subsequent approval of the EastLake Greens SPA, located
to the south of otay Lakes Road, extended the village center uses
further to the south across otay Lakes Road, creating an Activity
Corridor which is intended to serve the entire EastLake project and
surrounding properties. This role as a more intense community core
2
11-/'
area was confirmed with the adoption of the Chula Vista General
Plan Update in 1989. The General Plan now identifies the EastLake
Village Center as a "community Activity Center" with a mixture of
land uses and higher intensity development. This revision to the
General Plan resulted in some changes in the terminology used to
describe the land uses permitted by the General Development Plan
for the EastLake 1 SPA. Environmental Impact Report No. 88-2 was
prepared and certified for the Chula Vista General Plan Update.
(Note: this paragraph will be refined once additional information
is obtained from the city of Chula Vista regarding these map
approvals.) The proposals in the EastLake 1 SPA Plan were also
modified in 19__, at which time the city of Chula Vista approved
subdivision maps for Salt Creek 1 (TM ) and for the UPS
project (TM). It is as a result of these previous approvals that
the Salt Creek 1 area, indicated in Figure 2-3, was subsequently
deleted from the EastLake 1 SPA Plan, and Boswell Road was not
extended to the north of the EastLake 1 planning area.
In July 1991, the EastLake Development company submitted an
application to amend the EastLake 1 SPA and that application is the
subject of this EIR.
2.4 Pro;ect Characteristics and prooosed Discretionarv Actions
In order to achieve the project objectives outlined in section 2.2,
the project would require the approval of several related
discretionary actions. These include the adoption of an amendment
to the EastLake 1 sectional Planning Area (SPA) Plan in order to
convert the adopted land uses in the northern portion of the
Activity Center to medical center uses; delete the permitted
residential uses within the Activity Center and expand the acreage
allocated for Office/retail use; and eliminate 2.0 acres from the
Activity Center in order to create additional employment use within
the EastLake Business Center. The SPA amendment would also involve
changes to the General Development Plan, the Master Grading Plan,
the Planned Community District Regulations, and the Public
Facilities and Financing Plan.
Also associated with the SPA Plan amendment is a request to revise
the currently approved process for project design review. The
proposal requests that the current process be replaced with a two-
stage process involving the adoption of Planning Guidelines for the
overall Activity Center. The criteria presented within these
guidelines would be used to review future development proposals,
and would ensure consistent design treatment throughout the
Activity Center.
3
1/"eU1
Finally, the proposal involves a request for a Conditional Use
Permit/precise Plan for the phased construction of the Kaiser
Hospital and Medical Center. Specific details regarding this
portion of the project have been provided for review, and include
building elevations, a site plan, parking and circulation plans,
and a landscape plan.
,
Each of the required discretionary actions is outlined below in
greater detail.
2.4.1. EastLake 1 Sectional Planning Area (SPA) Plan Amendment
The currently adopted EastLake 1 Sectional Planning Area (SPA) Plan
designates 71.8 acres in the southwest portion of the plan area for
village Center development. The SPA Plan states that the Village
Center will contain shopping, restaurants, offices, high density
residential, lakes, open space and civic uses. The Village Center
was to be divided into two areas, as shown on Figure (2-4). The
area identified as VC-1 on the adopted SPA Plan, located
immediately to the north of Otay Lakes Road and west of EastLake
Parkway, includes 59.8 acres, while VC-2, located to the north of
otay Lakes Road and east of EastLake Parkway, includes 12.0 acres.
As indicated in Section 2.3, Project Background, the village Center
was expanded and redesignated as an Activity Corridor as a result
of the approval of the EastLake Greens SPA, and the area has been
officially designated as an "Activity Center" by the 1989 update of
the Chula vista General Plan.
In order to accommodate the Kaiser Hospital and Medical Center
proposal, the applicants are proposing an amendment to the adopted
EastLake 1 SPA Plan in order to modify the types of uses permitted
in the Activity center, or Village center, portion of the adopted
SPA. Specifically, the area currently designated as VC-1 would be
divided to include 30.6 acres of MC-l, Medical Center use, 17.3
acres of VC-l, village center use, and 11.9 acres of open
space/public facility. The approved 12.0-acre VC-2 area would be
reduced to 10 acres and would include 6.0 acres of
office/commercial use and 4.0 acres of community purpose facility
use, such as church use. The two acres of land, located at the
southeast intersection of EastLake Parkway and Fenton Street, would
be eliminated from the adopted VC-2 area. This area is proposed to
be redesignated to employment use and would be moved from the
Activity Center to the Business Center portion of the SPA Plan. In
addition to these changes, the proposal would also eliminate all
residential use from the Activity Center. A breakdown of the
currently approved and proposed uses and the corresponding acreage
is provided in Table 2-1, and a comparison of the SPA Plan
statistics for the affected parcels is provided in Table 2-2.
4
/ 1- ~ I
q ~-'.-
TABLE 2-1
EastLake Activity Center Land Use Statistics
LAND USE CURRENlLY PROPOSED ACREAGE
APPROVED ACREAGE 1
Office/Retail 34.2 ac. 23.3 ac.
Residental . 18.0 ac. 0.0 ac.
(405 units) (0 units)
Open Space/ 19.6 ac. 11.9 ac.
Public Facility
Hospital/ N/A 30.6 ac.
Medical Center
Employment N/A 2.0 ac. 1
Commonly Purpose Facility N/A 4.0 ac.
Totals
71.8 acres
71.8 acres
1 Source: EastLake 1 SPA Plan (Exhibit 6)
1 To be removed from the EastLake Activity Center
/ / ",).2.
TABLE 2-2
Land Use and Acreage Statistics for Affected Parcels
PARCEL NO.1
USE
APPROVED PROPOSED
ACREAGE ACREAGE
N/A 30.6 ac.
59.8 ac. 29.2 ac.
12.0 ac. 10.0 ac.
N/A 2.<f ac.
71.8 acres
MC-1
Kaiser Hospital/Medical
Center
VC-1
Village Center
VC-2
Village Center
E-10
Employment
Total Acreage Affected by Amendment
1 Refer to Figure 2-4 (Proposed EastLake 1 SPA Plan Amendment)
2 This acreage to be moved from the EastLake Activity Center to the EastLake Business
Center.
II ., ,1;r
Finally, Table 2-3 provides a breakdown of the various uses
proposed within the EastLake Village Center.
Also proposed is a revised master grading plan for the project site
(Figure 2-7). Although the project site has already been graded in
accordance with the adopted SPA Plan, some modifications to the
existing pad elevations are required to accommodate the proposed
changes in land use mix and location.
Also proposed as a part of the SPA Plan amendment is a Water
Conservation Plan and Air Quality Improvement Plan, which are
required by the city's Growth Management Program.
2.4.2 General Development Plan Amendment
The proposed SPA Plan amendment would also require changes to the
approved General Development Plan for the SPA (Figure 2-5). The
revised General Development Plan (Figure 2-6) would modify the
village center uses shown for the project site to allow
public/quasi-public uses (i.e. hospital/medical center use) on the
northern 30.6 acres; 2) retail commercial use, open space and
community and civic uses (possibly a library) on the 29.2 acres
located south of the Kaiser site and west of EastLake Parkway; 3)
professional and administrative uses and possible church use on 10
acres located east of EastLake Parkway; and 4) research and limited
manufacturing on 2. 0 acres located at the southeast corner of
Fenton Street and EastLake Parkway.
2.4.3 EastLake Activity Center Planning Guidelines and Conceptual
Master Plan
The SPA Plan amendment also includes a proposal to modify the
design review process for development within the Activity Center.
According to the adopted. SPA Plan, a single, detailed precise plan
for the entire planning area is required prior to the development
of any portion of the planning area. The proposed Planning
Guidelines and conceptual master plan would replace this
requirement with a two-stage design review process that would allow
two levels of design detail to be considered at one time. The
proposed planning guidelines would provide design criteria for the
39.2-acre village center area and the 30.6-acre medical center
parcel. In accordance with the proposed process, specific
development details would be provided for the Kaiser Hospital and
Medical Center proposal, while conceptual land use planning and
thematic landscape and design criteria, intended to ensure a well-
integrated overall development plan, would be completed for the
remainder of the Activity Center. The proposed Planning Guidelines
can be found in Appendix of this EIR.
5
/ I-~ t/
,
TABLE 2-3
Proposed Land Uses and Acreages
for the EastLake Village Center
LAND USE APPROVED ACRES PROPOSED ACRES
Retail/Commercial (YC-1) 222 ac. 17.3
Office/Commercial (VC-2) 12 ac. 6.0
Open SpacefPublic Facility (OS-16) 19.6 ac. 11.9
Co=unity Purpose Facility (CPF-1) N/A 4.0
Residental 18.0 ac. 0
Total 71.8 acres 392 1 acres
1 39.2 acres proposed for Village Center, 30.6 acres proposed to hospital/medical center,
and 2.0 acres proposed for employment use to be added to the EastLake Business Center
(for a total of 71.8 acres).
/ /... .).>
The Planning Guidelines and conceptual master plan are intended to
provide the foundation for a long-term precise planning program
that would insure the integration of the EastLake Activity Center
into the total EastLake design framework. The conceptual master
plan illustrates the overall site design theme for the Activity
center, while the Planning Guidelines provide more precise details
regarding vehicular circulation, landscape and design themes, and
architectural character.
The Planning Guidelines address the following major planning
elements: land use mix within the Activity Center, vehicular
circulation and parking, trail system, edge components, entry
treatments, thematic spines (linear plazas), water element,
architectural character, landscape architecture, lighting, and
signs. Each of these elements include both fixed and flexible
criteria. The fixed criteria consist of specific, detailed design
and planning criteria that are critical to the success of the
overall concept, while the flexible criteria are less specific
design and planning criteria which may be subject to the influences
of future decisions, and which may suggest more than one acceptable
or desirable solution.
The Planning Guidelines propose a mixed-use development for the
Activity Center consisting of retail, office, medical, restaurant,
entertainment, open space, and community uses (i.e. library and
church). In order to facilitate a clear understanding of how the
various portions of the Activity Center should be developed, the
Planning Guidelines divide the Activity Center into planning areas,
as illustrated in Fiqure 2-8. Table 2-4, the Land Use Location
Matrix, indicates the types of uses permitted in each of the
proposed planning areas.
2.4.4. Planned Community District Regulations for the EastLake 1
SPA
2.4.5. Public Facilities and Financing Plan
2.4.6. Conditional Use Permit/Precise Plan and Development
Agreement for the Kaiser Hospital and Medical Center
Proposal
6
/ /- J.?
The Kaiser Hospital and Medical Center proposal involves a request
for a Conditional Use Permit/Precise Plan and Development Agreement
for the phased construction of a hospital, medical office building
(medical center), and associated accessory uses such as parking
structures, outdoor activity areas, central plant, and utility
yard. At full buildout, the 31-acre medical complex would contain
439 hospital beds (820,OOO square feet of floor area), 485,000
square feet of medical and administrative offices, a 30,OOO-square-
foot central plant, three parking structures to accommodate 5,900
cars, and surface parking for an additional 250 cars.
The complex would be constructed in three phases (refer to Table 2-
5), with the first phase devoted to the construction of medical and
administrative office space. The first phase of the hospital would
be constructed as part of the second phase of the overall
development plan. Construction is proposed to begin in 1993, with
completion of the first phase by 1995. Phase 2 would begin
approximately one year after the start of Phase 1 and is
anticipated to be completed by 1997. The third phase of the
project would only be constructed when demand is sufficient to
warrant the provision of additional hospital beds and medical
office space.
Figure 2-8 is provided to illustrate the phasing and overall site
design for the medical complex, while Figures 2-10 - 2-___ provide
elevations of the proposed structures. According to the plans, the
medical office building would consist of six levels with an
additional __-foot penthouse and the hospital towers would contain
seven levels with an additional _-foot penthouse. These
structures would be terraced to correspond to the elevational
changes that occur on the site. Different architectural treatment
is proposed at different levels of the hospital and medical
building, and elevational breaks are proposed as part of the
hospital design.
Three parking structures would be constructed along the western
project boundary and would range in height from five levels at the
southern end of the project to nine levels in the northern end.
The westernmost portion of the upper level of each of these parking
structures would be setback by one bay in order to reduce the
massing of the structures along state Route 125. The proposal
would also incorporate special architectural treatment, such as the
use of rails and planter boxes, into the design of the parking
structure, and the architectural theme of the adjacent medical
office building would be incorporated into each of the parking
structures.
Landscape Plan - Circulation Plan - Development Agreement
7
) j- ). 7
TABLE 2-5
Kaiser Hospital/Medical Center Statistics
"
PHASE
SIZE! CONSTRUcnON SCHEDULE
Start Finish
PHASE 1
Medical and Administrative Offices
Central Plant
Parking Structure
Surface Parking
PHASE 2
227 Bed Hospital Building
(6 levels wfbasement)
Parking Structure
Surface "Parking
PHASE 3
212 Bed Hospital Building
270,000 sf
20,000 sf
1,200 spaces
200 spaces
505,000 sf
1,700 spaces
100 spaces
315,000 sf
Medical and Administrative Offices
Central Plant Addition
Parking Structure
Surface Parking
TOTAL DEVELOPMENT:
215,000 sf
10,000 sf
3,000 spaces
250 spaces
820,000 sf
485,000 sf
30,000 sf
5,900 spaces
250 spaces
1 Approximate maximum development
sf = square feet
1993
1993
1993
1995
1995
1995
1994
1997
1996
1997
To be determined
based on demand
439 Bed Hospital
Medical and Administrative
Offices
Central Plant
Parking Structure
Surface Parking
Source:
1/- .l--g' /11-.10
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EASTLAKE VILU>GE CENTER &
EASTLAKE BUSINESS CENTER
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A PlANNED COMMUNITY IN THE CITY OF CHULA VISTA
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//---Jo
';..
Exhibit A (5)
Scone of Work
We propose to complete the following tasks and work products:
Task 1: Identifv Proiect Characteristics
Identify and describe the EastIake I development that has been completed since
1985 and any development remaining to be completed including the Kaiser
Hospital proposal. The description shall further reflect any changes to the
EastIake SPA Plan and/or the PFFP that have occurred since 1985.
Work Product:
1. Maps, tables and descriptions depicting the base 1985 project and the
various changes that have occurred to date.
2. Meet with City staff to distribute, review and agree on the project
characteristics.
Task 2: Identifv ComDleted Public Facilities
U sing the results of Task 1, identify all public facility improvements that have
been constructed since 1985 relative to the EastIake I development. Identify
and document when the facility was completed and describe how it was
financed. Also, identify and describe (including costs) any new facilities or
services necessitated by the proposed amendment to the SPA Plan with respect
to the following:
1. Police
2. Fire/Emergency Medical Services (EMS)
3. Schools
4. Libraries
5. Parks and Recreation
6. Water (Potable and Reclaimed)
7. Sewer
8. Drainage (including Urban Runoff Diversion from Upper Otay Lake)
9. Traffic/Circulation
10. Civic Facilities
11. Corporation Yard
12. Open Space Related Facilities and Improvements
Proposalro Prepare a Public Facilities Financing Plan for the EastLake SPA Plan Amendment
//-J I
SCOPE OF WORK
Work Product:
I. Table listing facility improvements and corresponding cost estimates.
2. Narrative description of each facility improvement.
3. Meet with City staff to distribute, review and agree on the work
products.
Task 3:
Pbasinl! Schedule for Public Facilitv hnDrovements
Using the results of Tasks I and 2, a phasing schedule will be created that
establishes the timing for the installation or provision of facilities or improve-
ments as they are needed as specified in the Growth Management Program and
to maintain compliance with the adopted Threshold Standards or applicable City
ordinances. The phasing schedule will:
I. Ensure that the project will not utilize more than its share of facility
capacity unless sufficient capacity is ensured for other projects.
2. Provide mitigating measures where demand for facilities may exceed
capaci ty .
Work Product:
I. Identify what and when facility improvements are required.
2. Meet with City staff to distribute, review and agree on the work
products.
Task 4:
Financinl! Plan
Using the results of Tasks 1-3, a financing plan will be created that identifies
and describes specific methods for funding each facility and improvement and
allocates a proportionate share of the cost to the various properties within the
plan area. In addition, the financing plan will:
1. Identify and describe those facilities and improvements which would
otherwise be imposed as a condition of a development permit or be
provided by the developer in order to establish consistency with the
General Plan, Facility Master Plans, Growth Management Program
Ordinance No. 2448.
Proposal 10 Prepare a Public Facilities Financing Plan/or the EastLake SPA Plan Amendment
/ /. :J:;"
SCOPE OF WORK
2. Identify and describe those facilities for which new funding methods are
required to ensure that sufficient funds are available to construct or
provide facilities when required by the phasing schedule and Threshold
Standards.
3. Acknowledge that assessment districts requested by the developer shall
not be given credit for facility fees when a facility is constructed above
the established standard or conditions of approval.
Work Product:
I. Table listing facilities and improvements imposed as a condition of
development or provided by the developer.
2. Meet with City staff to distribute, review and agree on the work
products.
Task 5: Public Facilities FinanciDl! Plan
Using the information and work products created in Tasks 1-5, a Public
Facilities Financing Plan will be drafted that incorporates all of the task
products in a logical, easy to read, and graphically augmented manner.
Work Product:
I. Prepare and deliver 40 xerox copies of the draft plan for review by City
staff.
2. Meet with City staff to review and discuss the draft plan.
3. Meet with City staff to review and receive approval of responses to all
City staff comments.
4. Prepare and deliver 40 bound copies of the final plan for consideration
by the Planning Commission and City Council.
Task 6: Proiect Manal!ement
Coordinate and supervise the work of the consulting team and monitor team
progress in completing project tasks and work products. Attend meetings with
staff and prepare status reports as necessary. Attend approximately six (6)
meetings with City staff during the course of the project and one (I) meeting
Proposal to Prepare a Public Facilities Financing Plan for the EastLake SPA Plan Amendment
//-JJ
SCOPE OF WORK
each with the following: Resource Conservation Commission, Community
Forum, Planning Commission and City Council.
Work Product:
1. Prepare project status reports as necessary which address accomplish-
ments, identify issues needing resolution, and confirm future target dates
for the completion of tasks, in accordance with the approved project
schedule.
2. Attend meetings with staff as necessary during the course of the project.
Prepare agenda and follow-up minutes, as required.
3. Attend up to four public meetings/hearings to present the Public Facilities
Financing Plan.
Proposal 10 Prepare a Public Facilities Financing Plan for the EastLake SPA Plan Amendment
/ /~.:Jo/
Proiect Fee
I Task I Hours I Fee I
1 36 $ 3,600
2 40 4,000
3 20 2,000
4 40 4,000
5 N/A 4,500
6 84 8,400
TOTAL $ 26,500
The fees per task shown above are calculated at an average rate per hour for the team
members anticipated to be involved. An hourly rate sheet is included on the following
page.
Proposal 10 Prepare a Public Facilities Financing Plan for the EastLake SPA Plan Amendment
/ IF :1>
WlLLDAN ASSOCIATES
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
July 1, 1991 - June 30, 1992
CLASSIFICATION
Emlineerinl!
P~i~c!pal Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DIVIsIOn Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City E~!!",eer :...................................
Supemsmg Engmeer ...............................
Senior Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senior Transportation Planner ........................
Ass'?Ciat~ Enginee~ ................................
Engmeermg ASSoClate ..............................
Senior Designer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Associate Transportation Planner ......................
Designer (CADD) .................................
Senior Public Works Observer ........................
Senior Design Engineer .............................
Senior Drafter . . .. . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . .
Assistant Transportation Planner ......................
Design Engineer ..................................
Public Works Observer .............................
Designer ........................................
Drafter (CADD) ..................................
Drafter .........................................
Junior Drafter (Technical Aide) .......................
Real Prooertv Servlces
Supervisor-Real Property Services. . . . . . . . . . . . . . . . . . . . . .
Senior Real Property Agent ..........................
Real Property Agent ...............................
Assistant Real Property Agent ........................
Real Property Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SUn'evin2
Supervisor-Survey .................................
Facility Flnancin2
Supv, Special Districts ..............................
Senior Special Districts Coordinator ..... . . . . . . . . . . . . . . .
Special Districts Coordinator .........................
Special Districts Analyst II .. . . . . . . . . . . . . . . . . . . . . . . . . .
Special Districts Analyst I . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bulldin2
Supervising Plan Check Engineer ......................
Plan Check Engineer ...............................
Supvr, Building Inspection ...........................
Plans Examiner ...................................
Bnilding Inspector .................................
Permit Specialist ..................................
Landscaoe Architecture
Principal Landscape Architect . . . . . . . . . . . . . . . . . . . . . . . . .
Sr. Landscape Architect .............................
Associate Landscape Architect ........................
Assistant Landscape Architect ........................
Other
Word Processing ..................................
Engineering Workstation Time .......................
Personal Computer Time ...........................
FEE RATE
PER HOUR
$123.00
113.00
113.00
102.00
92.00
92.00
84.00
84.00
76.00
76.00
76.00
70.00
70.00
64.00
64.00
64.00
60.00
59.00
59.00
51.00
43.00
98.00
92.00
84.00
64.00
50.00
90.00
100.00
90.00
84.00
67.00
56.00
98.00
82.00
73.00
70.00
63.00
45.00
92.00
76.00
70.00
59.00
40.00
25.00
15.00
Consultation in connection with litigation and court appearances will be quoted separately. Additional
billing classifications may be added to the above listing during the year as new positions are created. The
above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates.
Sundays and holidays will De charged at 1.70 times the standard hourly rates.
It should be noted that the foregoing wage rates are effective through June 30, 1992. The rates may be
adjusted after that date to compensate for labor adjustments and other increases in labor costs.
"A= "~./
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Sf~\"\dlnirM].9:'F...,.I\8.7.91
EXHIBIT C
Compensation Schedule and Deposit: Terms and Conditions.
For performance of all of the General and Detailed Services of
Consultant as herein required, Appl icant shall pay' a single fixed fee
in the amounts and at the times or milestones set forth below:
[ x] Single Fixed Fee Amount: $26,500
Milestone or Event
1. Signing of this agreement by all parties.
Deposit
[ X] Deposit Amount: $26,500
[ X] Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay
Consultant, if this paragraph is "checked", upon City's receipt of
billing by Consultant, and determination by City in good faith that
Consultant's bi 11 i ng is proper, a judgment for whi ch Appl i cant agrees
to hold City harmless and waive any claim against City, City shall pay
Consultant's bi 11 i ng from the amount of the Deposi t. If Appl i cant
shall protest the propriety of a billing to City in advance of payment,
City shall consider Applicant's protest and any evidence submitted
prior to the due date for the payment of said bill by Appl icant in
making its good faith determination of propriety.
[ ] Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is
entitled to compensation which shall remain unpaid by Applicant 30 days
after billing, City may, at its option, use the Deposit to pay said
billing.
WPC 0160p
11- J7/11-.38
RESOLUTION NO.
I ~>'I/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES WITH WILLDAN
AND ASSOCIATES FOR THE PREPARATION OF A PUBLIC
FACILITIES FINANCE PLAN UPDATE FOR THE
EASTLAKE I SPA PLAN/KAISER HOSPITAL PROJECT,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the attached agreement for professional
consultant services with willdan and Associates is for an update to
the EastLake I Public Facilities Finance Plan in conjunction with
the proposed Kaiser Hospital project as required by the city's
Growth Management Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve an agreement for
professional consultant services with willdan and Associates for
the preparation of a Public Facilities Finance Plan Update for the
EastLake I SPA Plan/Kaiser Hospital Project, known as Document No.
C092-44, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by
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Robert A. Leiter, Director of
Planning
Bruce M.
Attorney
C:\n:\Kaiser Spa
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Title:
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IESOLUTION 110. 155"
IESOLUTION OF' tHE CITY COUNCIL OF tHE CITY OF tHULA YISTA
AMENDING SCHEDULE In OF tHE tHULA YUTA MUNICIPAL tODE SECTION
10.52.Z80 AND APPROYIIIG PROHIBITION OF PARKIIIG FOR THE ~ ILOCK
OF -~ - STREET .
The ti~ Counen of tile CiV of Chula 'flta 'OIS ",..by nsolve .s follows:
. '.
IlKERW, tile Sweetwater Union High School District .n~ tile ledevelopment
Agen~y .... proposing to build. 17 000 sq. ft. Youth Center aid-blocle on -1.-
St....t between Fourth Avenue .nd Fifth Avenue ill tile Chul. 'ista High School
properv, .nd - -.
.
VKEREAS, in the interest of public safev .nd ill Yiew of tile proposed
development of . youth center .nd other developments w1thfn tile City of Chula
'fsta wfth thefr .ttendant trlffic,- -staff recommends tile prohfbftfon of
plrlefng on both sides .of L St...et between Fourth to Fifth Avenue to .llow for
the creaUon of . conUnuous left turn lene, .nd . . " -.
WHEREAS, the Safev Commfssfon .t its ~Inulr.r 11, "gO ~etfng voted 6-0
to .~cept staff's recClIIIIIendaUon to prohfbft on street parlefng for the 400
blocle of -1.- Street. -
NOW, THEREFORE, IE IT RESOLVED that the CiV Coun~il of the City of Chul.
'fsta does hereby .pprove the prohfbftfon of parleing for the 400 blocle of -1.-
Street.
IE IT FURTHER RESOLYED that Schedule 111 of Chula Yfata Municip.' Code
Sectfon 10.52.280 is .mended by .ddfng -1.- St...et begfnn1ng .t Fourth Avenue
.nd endfng It Fifth Avenue on both sides .s prohfb1ted parleing .t .,1 tf.es.
(
Presented by
Approved .s to fo,. b.)'
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Publ c Worles
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'esolution 110. U591
'Ige 2
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( 'ASSED, APPROVED, and ADOPTED II)' the Ct~ Councl1 of the 'Ctt.,y of Chub
'flta. CaUfornfa. thfs 17th ell,)' of April. 1890 by the followfng vote:
.'
AYES:
, '
Councfl.-bers: "'lco1.. McClndl fss. Cox
.
lOtS: ,Councfl.-bers: lone
AlSEIIT: C:OuncflMmbers: Iloo.... IIlder
AlSTAIN: Councfl.-bers: lone
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(
STATE or CAlIFDRIIIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA YISTA )
J, Beverly A. Authelet, Cft.,y Clerk of the Cfty of Chula Yfsta, Calffornfl, do
Ilereby certify that ~he foregofng Resolution No. 15591 was duly passed,
approved, and adopted by the Clt.,y Councl1 of 'the Cft.,y of Chull Yista,
Californfa, at a regular ..etfng of .afd City Councfl ~ld on the 17th d~ of
April. 1890. ... .. . .... .. .. ...__
Executed thfs 17th ~ of April. "90.
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COUNCIL AGENDA STATEMENT
Item I,?
Meeting Date 03/17m.
ITEM TITLE:
Resolution l~l'~ending the FY 91/92 budget to appropriate funds and
make position adjustments relating to the Norman Park Center
SUBMITTED BY:
Director of Parks and Recreatio~~
Director of Public Works
REVIEWED BY:
City Manager I~
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(4/5ths Vote: Yes X No_)
On December 18, 1990, the City awarded a $2.3 million contract for the renovation of Norman Park
Center. Construction began in January of 1991 and staff moved to the new Center on February 17,
1992. The Center opened to the public on March 2.
In June, 1991, when the Norman Park Center budget was being prepared for FY 91/92, the
anticipated completion date for this project was not definite. Therefore, the Norman Park Center
budget was approved for twelve months of this budget year, for the 5,000 square foot building leased
during construction of the new Center. This report describes staffing issues, a new organizational
arrangement and the budget necessary to operate for March through June in FY 91/92 in the new
building.
RECOMMENDATION: That the City Council approve an appropriation of $14,168, from the
unappropriated balance of the General Fund, to amend the FY 91/92 Parks and Recreation
Department ($6,663) and Public Works Department ($7,505) budgets and approve the upgrading of
a Recreation Supervisor II position, the addition of custodial staff and the addition of part-time staff
recreation support staff.
BOARDS/COMMISSIONS RECOMMENDATION: Attached is a letter of support from the
Chairperson of the Commission on Aging (Attachment A).
DISCUSSION:
During FY 91/92 budget preparation, it was unknown what impact an expanded facility with greater
service demands would have on the Parks and Recreation Department and Public Works
Department. Therefore, staffing remained constant and a twelve month budget was approved to
address the operation of the program at the temporary location at 311 "F' Street. The intent was to
return to the Council with an amended budget request to meet the needs of a larger senior center
operation. However, before discussion takes place on the operation of an expanded Center, it is
important to describe how the Center operated in the past.
[npcbud)
1
1:2-1
Item /~
Meeting Date 03/17m
NORMAN PARK CENTER OPERATION:
Hours:
The interim Norman Park Center was operating in a 5,000 square foot facility at 311 "F'Street. The
Center was open 71 hours per week in accordance with the following schedule:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
(12 - 8)
(8 - 4)
(6 - 10)
(8 - 4)
(6 - to)
(8 - 4)
(6 - 10)
(8 - 4)
-0.
(8 - 4)
(6 - 10)
Saturday
(12 - 4)
(7 - to)
Prol!ramminl!:
The types of programs offered by the Center were comprehensive and varied. There was exercise
classes; bridge groups; cards; dances (square, round, and ballroom); trips arranged for one day or
more; and educational classes such as World History or Beginning Spanish. Also offered at the
Center were the following services: HandyTrans; Meals on Wheels; Shared Housing; and South Bay
Adult Day Health Care.
Staffinl!:
The staff support for Senior programs consists of two full-time positions (Recreation Supervisor II
and Recreation Supervisor I) and 1.28 FTE Recreation Specialist hours and .45 FTE Recreation
Leader hours.
The Recreation Supervisor II has the overall responsibility for the programs and the building. The
position is the manager of the facility; serves as staff liaison to the Commission on Aging and takes
the lead on scheduling, organizing and implementing all the classes offered. The position is
responsible for the coordination and training of all staff. In addition, the Recreation Supervisor II
interfaces with part-time social service providers in the building and organizes their schedules.
The Recreation Supervisor I assigned to Norman Park Center reports to the Supervisor II and
performs duties such as supervising part-time staffing; supervises the Oxford Senior Club at
Lauderbach Center; customer service (works with volunteers and boards); programming (days,
evenings, special interest groups, special events and program marketing); monitors the physical plant
by submitting work orders for repairs and communicating maintenance concerns to the custodial staff.
The part-time hourly staff is responsible for programming, class set-ups, and cleaning tables and
chairs. The set-up includes arranging furniture for each activity or event. Set-up also includes re-
arranging other classrooms back into their usual arrangement. The part-time staff monitors all
equipment for damage or repairs; monitors building inside and out every 15 minutes to watch for
[npcbud)
2
1,)-02
Item J .2.
Meeting Date 03/17/92
illegal or unsafe activity in the adjacent parking lot; and ensures that unsafe conditions created by
Center users, such as spills are handled in a timely fashion.
It should be noted that although a custodian sets up and cleans in the morning and early afternoon,
part-time recreation staff provides additional assistance during these hours as well. Part-time
recreation staff are also required to provide the total set-up and clean-up in the late afternoon,
evening, weekends and holidays.
Finally, one of the more significant duties of the part-time staff deals with customer service. This
includes meeting, greeting, responding to questions and customer needs, both by face-to-face contact
and by telephone.
Under this staffing level and operations schedule, the senior programs has an approved FY 91192
budget of $124,060 in personnel costs and $35,000 in operating costs, for a total of $159,060.
THE EXPANDED NORMAN PARK. CENTER:
The Norman Park Center renovation project is nearing completion. The facility will feature a 16,795
square foot, two story building, (as opposed to 6,765 sq. ft. prior to construction) designed to provide
senior social services, information and referral, and recreation. The first floor (13,345 sq. ft.) will
accommodate recreation programming and staff offices. In certain designated areas of the second
floor (3,450 sq. ft.), social service providers will offer their services. There are also conference rooms
available for training and other multipurpose uses.
Chanl!es in Center Staffini! and ODen Hours:
It is proposed that the hours the Center is staffed be expanded by two and one-half hours per week.
The new hours would total 73.5 hours, for a work schedule of:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
(12-4)
(7:30-4)
(5:30-10)
(7:30-4)
(5:00-10)
(7:30-4)
(5:30-10)
(7:30-4)
(5:30-10)
(7:30-4)
(5:30-10)
(12-4)
The Center will open to the public at 7:30 a.m. The earlier opening accommodates the seniors
schedules, as seniors enjoy activities early in the day, relax in the late afternoon, and return to the
Center for the evening activities.
In addition, staff will arrive one-half hour before the Center re-opens in the evening, for clean-up
and set-up for the programs beginning at 6:00 pm (5:30 pm on Tuesdays). This additional time is
necessary because the arrangement of chairs and tables for the afternoon programs are different from
those in the evening. In addition, staff will need to clean activity areas and restrooms. The facility
now has the space to facilitate a variety of recreational needs, which include the use of the main
InpcbudJ
3
.
/,2 '---:J
Item J ,2..
Meeting Date 03/17/92
room for as many as six different activities at the same time. To accommodate the individual
activities needs, staff must move the large partitions and provide the necessary table and chair set-ups.
.
In order to achieve the new scheduling and staffing arrangement without a large increase in part-time
staff, it is proposed to close the Center on Saturday and Sunday evenings. These particular days and
evening hours have traditionally been low use periods. The Center would then be available for
rentals for parties, weddings, community group events, etc. One group (Chess Club), which has
approximately 7 - 10 members, will be affected by closing the Center on Saturday night. Staff has
been working with this group and is able to accommodate their needs by providing them another
time. There are also other groups who meet in the building on Sunday night. Fortunately, they have
been very cooperative and are willing to move to other time slots.
Exoanded Services and Position Uoerade:
Although there will be a minimal increase in Center operating hours, a significant service
enhancement will occur when the social service providers and the information and referral staff are
integrated into the Center operation. The social services component is consistent with previous
Council action (October 26, 1989 and October 22, 1991) whereby it was decided that social services
be included as part of the Center's operation. With the addition of these services, the Norman Park
Senior Center would become one of the more inclusive and progressive approaches to senior services
in the State. The assimilation of the social services component into the existing array of senior
programs is not a minor service enhancement. Rather, it will add a comprehensive social service
delivery system, requiring special attention and careful coordination, in order to be effective.
For example, the second floor will house, on a full-time basis, the South County Council on Aging
(Shared Housing), Senior Adult Services (Meals on Wheels), and Pro Tech (Senior Legal Services).
On a part-time basis, approximately nine agencies have committed to providing services on the second
floor. Some of these agencies include: County Mental Health (Senior Team), Senior Peer
Counseling, Chula Vista Welfare Council, At Your Home Services, Alzheimer's Association, etc.
Recreation services noted earlier in this report will continue to be offered on the first floor with a
greater potential to provide more classes, dances and special functions as funding becomes available.
The expansion of the Norman Park Senior Center, both in facility size and service level, has required
the need to evaluate the existing organizational structure of the Recreation Division. This evaluation
was discussed in the FY 91/92 budget narrative (Attachment B). An analysis of the Division has been
conducted on the effect that a larger facility with a greater service demand would have on the upper
and lower supervisory levels in this Division. As a result of this analysis, staff recommends an
upgrade of the non-management Recreation Supervisor II to a mid-management Senior Recreation
Supervisor, to reflect an increased span of control (Attachment C). The upgraded position would
provide management authority to oversee the added social services components and the operation
of a larger facility.
[npcbud]
4
/;1.-0/
Item J :1..
Meeting Date 03/17/CYl.
The Personnel Department has reviewed this request and supports this Department's
recommendation. The City has met and conferred with and received approval from CVEA for
removal of duties from the represented Recreation Supervisor II position and assignment of those
duties to the unrepresented mid-manager position of Senior Recreation Supervisor. This upgraded
Senior Recreation Supervisor position will be underfilled by a Recreation Supervisor until completion
of a competitive examination in accordance with the Civil Service Rule.
Justification of Position Up~rade:
As mentioned earlier, the second floor of the Center will house social service agencies. This service
enhancement will place further demands on the senior center staffs time. After agreements and
memorandums of understanding granting conditional facility use are executed and administered by
Center staff, frequent meetings are expected with the agencies to communicate issues and resolve
conflicts that may arise throughout the year.
Staff time will be required in areas such as scheduling of part-time agencies, program evaluation,
coordination and facilitation of monthly advisory meetings, and compilation of monthly data for
various commissions and the Human Services Council.
Being in a management position will provide the Center Manager with authority to supervise all
Center staff and compensate the employee for a broader level of responsibility. For instance, the
Human Services Coordinator and the Recreation Supervisor II (who presently oversees the senior
center) are now equal in terms of supervisory rank. A management upgrade would provide
management authority over the Human Services Coordinator position and accompanying Information
and Referral budget ($69,190). There will also be a frequent need for this position to work varied
hours and days to ensure the facility is operating at an optimal level. A typical schedule may include
evenings, weekends and, on occasion, holidays.
Finally, this mid-management position will be expected to possess vision, knowledge, and the technical
skills necessary to plan and tailor services that meet the needs of the senior community. Recent
demographics have proven that this is an aging society that will present unique service demands to
the City. This employee will be expected to keep abreast of the trends of our aging society, and
possess the ability to train line supervisors and part-time staff in meeting the needs of our ever-
changing community.
EFFEcrs OF TIlE UPGRADE ON TIlE RECREATION DMSION:
Since 1986, the responsibilities of the two existing Senior Recreation Supervisors have increased to
a point where proper supervision of their subordinates is becoming more difficult. This is
demonstrated through an increased workload as a result of the addition of three new commissions
and the Youth Sports Council, the acquisition of the Women's Club, the upcoming management of
the new EastLake Park and Community Center, the Discovery Park municipal athletic expansion, the
[npcbudJ
5
-
I,;J. -:.J:>
Item
Meeting Date 00/171':12
J,).,
Departmental and City-wide special events, and the supervision of the newly renovated Rohr Park.
Regarding Commissions, when the Senior Recreation Supervisor position was re-instituted in 1986,
the Park and Recreation Commission and the Commission on Aging were the only Commissions in
existence which the Department's staff supported. Gradually, however, the Youth Commission,
Cultural Arts Commission and Child Care Commission have either been re-established or created.
Commissions do take time and attention away from the routine functions of the Department.
Perhaps two notable examples of Commissions and the need for staff time is seen in the Cultural Arts
and Child Care Commission. For instance, the Cultural Arts Commission is working on a Cultural
Arts Fair, an Arts Directory, a murals program, a Gayle McCandliss Memorial Arts fund, and the
establishment of a long term arts strategy. The Child Care Commission recently completed a Child
Care Directory and will be working on a city-wide Child Care Policy and Latchkey program. These
are very worthwhile projects that meet the needs of this changing community. However, since these
are volunteer/lay Commissions, the need for staff time and expertise has grown since the Commissions
were established.
The Department has also instituted (through Council support), the Youth Sports Council. As the
City has grown, both in population and parks, it has become necessary to establish a formal group
that advises the City on athletic field scheduling and park design. This group meets monthly and
contemplates forming advisory groups in several areas of special interest. Although the Youth Sports
Council is extremely valuable, staff resources are necessary to maintain the effectiveness of this group.
A position upgrade will result in an increase from two to three, Senior Recreation Supervisors within
the Recreation Division. It will also create three separate operative units: (1) Recreation centers
and related areas; (2) specialized activities such as youth and adult athletics, aquatics, playgrounds,
ballfields, and the Park Ranger; and (3) senior citizens and human services. This type of
organizational arrangement would provide for the sufficient management line control required of this
Division.
If approved, the new section in the Division will be titled Senior Services and Human Services. This
section will include: (1) senior citizen recreational programs; (2) human services information and
referral programs; and (3) the social services agencies residing in the building. The proposed third
Senior Recreation Supervisor will be held accountable to the Deputy Director of Recreation for the
management of the complex and programs. (A proposed organization chart is attached as
Attachment "C".)
The cost to upgrade a Recreation Supervisor II to a Senior Recreation Supervisor is an increase over
the base budget for the next four (4) months of FY 91192 in the amount of STIS (for FY 92193, 12
months, it would be approximately $3,300).
[npcbud]
6
/.2-(,
Item ).2
Meeting Date OJ/17/'n
Additional Part-Time Staff SUDDort:
Although part-time personnel costs were budgeted this fiscal year, it only included provisions to staff
a 6,765 square foot building. This includes 2,652 Recreation Specialist hours (1.28 FTE) and 936
Recreation Leader hours (.45 FTE). Therefore, additional part-time support will be necessary to
maintain proper coverage of the new building during the added hours the Center is open.
The Department recommends an increase of 208 Recreation Leader hours (.10 FTE) over the
budgeted 936 hours, to bring the total to 1,144 Recreation Leader hours (.55 FTE). The full-time
professional staff are in the building during regular 8 to 5 business hours in order to do business and
coordinate the programs with other agencies who have regular day time hours (peak hours for the
Center are Monday - Friday; 7:30 a.m. to 4:00 p.m.).
As noted earlier, additional part-time hours will allow the staff to be available to observe the
expanded Center and the presently scheduled late afternoon and early evening programs and classes.
The total increased cost for the additional part-time staff for the next four months of FY 91/'n is
$535 (for FY 92/93, for twelve months, it would be an approximate increase of $1,700).
Increase in ODerational Costs:
The operations and maintenance costs will increase as a direct result of the increased building size.
Examples of these increases are realized in areas such as Utilities and Telephone expenses. The San
Diego Gas & Electric Company, along with the Public Works Department, furnished costs based on
other buildings of this size. The telephone expenses are higher for two reasons: 1) the Center is in
an .outlying" area of our computerized telephone system (higher costs); and 2) additional telephones
are required for the expanded facility. Other additional operating costs include a new monthly
elevator service, a new security alarm monitoring service, and office supplies. The FY 91/92 four
month increase in supplies and services is $5,353 (for FY 92/93, for twelve months, it would be
approximately $8,500).
Custodial SUDDort:
Presently, the City custodial staff is comprised of 13 full-time and .50 part-time custodian employees
plus one supervisor. Over the past two years, the city facility space maintained by the custodial staff
has increased from 198,413 square feet to 288,090 square feet with the addition of the Police
Department Remodel, acquisition of the Zogob Building, and the Community Development Building.
This fiscal year, it will grow to 301,625 square feet with the addition of the Women's Club (3,505 sq.
ft.) and the 148% increase of square footage at Norman Park Center. The Custodial Division has
been able to maintain cleanliness standards over the past two and one half years by completely
reorganizing cleaning and staffing schedules; using overtime to clean the EI Dorado building; and
adding a part time .50 FTE to clean the Women's Club. The additional 10,030 square feet at
Norman Park Center, however, precludes any more reorganizations and consequently, a .50 FTE
[Ilpcbud]
7
1.2-?
Item I ~
Meeting Date OO/171'J2
Custodian I is requested for Norman Park Center (FY 91/92 cost increase would be $5,598 plus
$1,907 in additional supplies for a total of a request of $7,505 for FY 911'J2). Once the new senior
center opens, city custodial forces will be maintaining an average of 22.343 square feet per employee.
This is one of the highest square foot/per employee ratios in the county (as shown on the attached
chart).
In a recent poll by City staff, it was established that Chula Vista maintains more square footage per
person than any other city polled, except the City of Carlsbad. However, we are at our limit, based
on the standard to which we maintain our facilities. It would be impossible to maintain additional
square footage, specifically Norman Park Senior Center, with its special amenities, without an
additional .50 full-time employee unless reduced maintenance is done at all other City facilities.
In addition to the guidelines which have been established by individual cities within the County as
indicated on the attached chart (Custodial Service Survey), the National Executive Housekeeping
Association (NEHA) guidelines fall directly in line with the amount of square footage which is being
generally maintained by many of the cities. NEHA recommends that one full-time employee working
an 8-hour shift can effectively maintain a tvpical office facility of 17,000 sq. ft. in an 8-hour shift. It
should be noted that most of Chula Vista's facilities operate longer than the typical eight hour day.
There are a certain number of other factors, however, which must be considered when viewing the
additional square footage and the type of use that the Norman Park Senior Center will be receiving.
The Senior Center will be open much longer than a typical office facility. Custodial staff sets up
classrooms and meetings at Norman Park Center. Meeting set-up is performed on an average of 3
times per day in the present senior center. Since the classrooms are increasing from two to seven
and two conference rooms have been added, additional setup and cleanup time for classes can be
expected not only for custodial, but recreation staff as well.
The wood floor in Cornell Hall is approximately 3 times larger than was the wood floor at the original
center. The maintenance needed to protect the floor and give it proper cleaning will extend the life
of the floor finish. The additional square footage and the fact that five of the classrooms are in
spaces made by moveable partitions on the wood floor will require a minimum of an additional 1 -
2 hours per dav in maintenance. The custodial staff will not be able to clean the floor all at once,
but will have to clean separate areas as classes finish. In addition, this wood floor will receive much
harder use than a regular gym floor since people will be wearing street shoes during the dance and
other classes and some classes will require the placement of tables and chairs on the floor. Some
other special features of the building that will require extra cleaning are: the wood paneling; abundant
glass that will require daily custodial and quarterly contract cleaning; the 12" by 12" floor tiles in
Norman Hall; the accent fabric pieces on some of the walls; and the copper surfaces on walls and
counter sides.
Staff has investigated the possibility of providing the necessary additional coverage for Norman Park
Center by using a portion of the P.M. shift staff. The Custodial Division has two second shift
custodians working all around the Civic Center area. The main function of these employees is post
[npcbudJ
8
1.2-~
Item j),
Meeting Date OJ/17m
office mail delivery in the evening, building security, and as a third priority, basic general clean-up
of the Public Services Building, City Hall, the Library, and the Police Department. All of the above
buildings require more than general service (as NEHA guidelines of 17,000 sq. ft. per person
establish) because of the long hours of operation in each of these public buildings. For instance, over
the period of a month we have approximately 32 individual Boards and Commissions, City Council,
and Redevelopment Agency meetings in 4 different conference rooms in various city facilities on
regular monthly schedules. This does not include special interest groups, training seminars, etc. Each
of these meetings require special services from custodial staff (Le.; lock-up, clean-up, set-up before
during and after meetings, etc.).
To illustrate the functional and space differences between the old Norman Park Center and the new
renovated Norman Park Center, a chart is attached as Attachment "D".
NORMAN PARK CENTER NOW AND FUTURE BUDGET CHANGES
AMOUNT AMENDED PROPOSED
PRESENTLY BUDGET INCREASE
BUDGETED FY92
POSITION COUNT:
Full time:
Parks and Recreation 3.00 3.00 Upgrade only
Custodial .50 1.00 .50
Part time:
Parks and Recreation 1.23 1.33 .10
EMPLOYEE SERVICES
Parks and Recreation $124,060 $125,370 $1,310
Custodial 11,195 16,793 5,598
SUPPLIES & SERVICES
Parks & Recreation $35,000 $40,353 $5,353
Custodial 2,533 4,440 $1,907
TOTAL $172,788 $186,956 $14,168
Attached to this report as Attachment "E" is detailed financial information for the proposed FY 91192
budget changes.
JnpcbudJ
9
I~-'
Item J J-.
Meeting Date mi17f<12
ISSUES:
Status Quo Recreation Bud{1et:
The City could maintain a status quo budget for Norman Park Center with the present Recreation
Supervisor II position remaining unchanged, and the part-time staff could remain constant; however,
it would then be staffs recommendation to keep the presently scheduled 71 hours of building use.
The following situations regarding staffing could occur under a status quo operation at Norman Park
Center:
1. The hours of the Center's opening would not increase from 71 to 73.5 hours per week.
Classes and senior programs would be decreased to accommodate fewer hours and reduced
part-time hours for supervision and customer service. As a result of decreased part-time
staffing hours, the Center would need to also reduce program hours to allow staff to close
up and secure the building. It must be noted that it takes approximately 20-30 minutes to
secure the new facility.
2. The overall supervision of the building would be affected by reduced part-time staff hours.
Staff would be unable to make a surveillance walk around as often as necessary to ensure
security and customer needs are met.
3. Due to heavy workload measures of the existing Senior Recreation Supervisor, there may be
an insufficient level of on-site management support needed for the overall operation of the
new facility. Further demands would be placed on existing management staff to oversee the
expansion of city services. In addition, the senior center would have two equal positions
conducting senior programs. This may lead to problems in management authority of how the
Center's overall operations are planned and managed.
The following situations regarding custodial services could occur under a status quo operation at
Norman Park Center:
1. Custodial staff will no longer be able to support class and program set-ups at the Center. On
average, there are five concurrent individual classes on-going in Cornell Hall on weekdays.
Presently, the custodian sets up tables, chairs, podiums, and reconfigures the movable walls
which are too heavy to be moved by the seniors or recreation staff. Without additional
staffing, the custodial staff would be unable to assist with classroom set-ups.
2. The recreation staff will be required to shift their attention from senior programs to more
custodial functions. This may pose a problem because of the lack of technical expertise
needed for appropriate janitorial care. Furthermore, a majority of recreation workers at the
Center are senior citizens. This may present a potential liability problem, particularly when
(n""'''''1 1 0
1;1-/ ()
Item I )..
Meeting Date 03/17m
these workers would be expected to operate equipment or clean an entire center of this
magnitude.
3. The wood floor at the Center would not be maintained every day; thereby reducing its life
by 50%.
4. The special features of the new Center (wood paneling, extra glass [over 1,000 pieces] and
accent fabric pieces) would not receive the care required to maintain their features; requiring
replacement on a shorter time frame.
5. Custodial staff would need to be re-scheduled from other civic center complex duties to
augment the custodial staff duties at the senior center. However, due to the types of duties
of the night-time staff, as well as the total reorganization of the division that has already
taken place to handle the additional maintenance over the last two years, this would result
in serious service level deterioration.
It is staffs belief that the utilization of a status quo operation at the new Norman Park Center would
accelerate the maintenance costs associated with the new Center; thereby negating any present cost
savings realized with a status quo budget.
FISCAL IMPACf:
The FY 91-92 budget for Norman Park Senior Center, and the present Public Works custodial
services for the Center, is $172,788. An additional appropriation of $14,266 ($6,663 in 100-1535;
$7,505 in 100-1471) is required for the remainder of the fiscal year ending June 30,1992. Revenue
credits to offset these costs will come from the three anchor social service providers ($3,200),
contractual classes ($3,200) and estimated weekend rentals of the facilities main hall ($5,000) for a
total revenue projection of $11,223. Estimated FY 91-92 budget for the operation of the Center is
$186,956.
Attachments
Attachment A Letter from Commission on Aging
Attachment B FY 91-92 Budget Narrative
Attachment C Organization Chart
Attachment D Functional Comparison Chart
Attachment E Detailed Financial Information
Custodial Service Survey
(npcbud]
11
,"',//
RESOLUTION NO.
/J,5'J/.;.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 91/92 BUDGET TO
APPROPRIATE FUNDS AND MAKE POSITION
ADJUSTMENTS RELATING TO THE NORMAN PARK CENTER
WHEREAS, on December 18, 1990, the City awarded a $2.3
million contract for the renovation of Norman Park Center; and
WHEREAS, in June, 1991, when the Norman Park Center
budget was being prepared for FY 92, the anticipated completion
date for this project was not definite; and
WHEREAS, therefore, the Norman Park Center budget was
approved for twelve months of this budget year for the building
leased during construction of the new Center; and
WHEREAS, Parks and Recreation staff recommends amending
the budget necessary to operate for March through June in FY 92 in
the new building; and
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve an appropriation of
$14,168 from the unappropriated balance of the General Fund, to
amend the FY 91/92 Parks and Recreation Department ($6,663 in 100-
1535) and Public Works Department ($7,505 in 100-1471) budgets and
approve the deletion of one Recreation Supervisor II position, the
addi tion of one Senior Recreation Supervisor position and .5
Custodian I position, and the addition of .1 part-time Recreation
Leader position.
Presented by
AZIOf~bY
ruce M. Boogaar ,
city Attorney
Jess Valenzuela, Director of
Parks and Recreation
C:\I'I\NPC approp
/1.--/3
~~~
~~
~....,;:~~
~~~
Attachment A
ON OF
CHULA VISTA
PARKS AND RECREATION DEPARTMENT
November 29, 1991
Mr. Jess Valenzuela
Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chu1a Vista, Ca 91910
Dear Jess:
As chairperson of the commission on Aging I am writing to you to
express my support regarding the increased budget requirements
for Norman Park Senior Center. I have found that the time,
thought and evaluation methods put forth in these budget
recommendations certainly reflect appropriate fiscal analysis and
embraces prudent spending responsibility.
Norman Park Senior Center will be three times it's original size
when the renovation is complete. The amount and scope of the
services that the center will provide to the community of Chula
vista has also increased. It is imperative that the supplies and
employee services follow suit.
I'd further like to state that besides supporting staff's
recommendations for increased supplies and employee services, I
also feel that the management concept described in option one is
an excellent as well as timely recommendation.
Thank you for taking the time to hear my thoughts. Norman Park
senior Center is such an important part of the services offered
by the city of Chula vista that I wanted to go on record for my
support of the increased budget requirements.
Sincerely,
~~~~
L1nda L. Gilstrap
Chairperson
Commission on Aging
~
1,,').-/3
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619} 691-5071
,
Justf'fed, they are also aware 0' the 'act that funds are limited for supporting a position of
this nature. Instead, it is recommended that t e wo Su erin enden ositions be u raded to
DeDutv Directors ($2.8801. This would aCknowledge the responsibility of the two major
division heads in administering the day-to-day affairs of those two divisions. This would be
similar to the two Deputy Directors who administer the major Public Works divisions. It is
recognized that there are larger operations administered in Public Works, but then again the
salary levels are higher for those positions compared to what is proposed here.
Other Personnel
;:;
~
It is DroDosed by the department to UDQrade the Recreation SUDervisor II to Senior Recreation
SUDervisor ($3.2401 due to the tremendous growth in senior citizen programs. ltis expected,
according to the department, that the level of responsibility of this Position will increase
significantly when the new Norman Park Center opens. It is recommended that this UDQrade be
va 1 uated at th
the new Cent r
the increase in responsibilities
can be documented and a judgment can be made at that time as to whether or not the upgrade
should be recommended.
,.
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.....
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187
--.----.-----~- - -____---.,.- u_ ___.._______.~__.___
,.!.~,-,...,. ..~,.
~
1
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SENIOR RECREATION
SUPERVISOR
Lauderbach
Coole,
Parks & Recreation
Brochure
""""""'"
-,
.20 Specialist
.98 Leader
.31Ald
Lorna Verde CerrtBr
Therapeutics
City Camping
Programs
AocnoBllon
-,
1.75SpeciaJist
.98leade1'
.31 Aid
CHILD CARE
COMHISSlCN
Playgrounds
Clty-W1de SpecIal
Even"
-~
8.08 Leader
3.57 Aid
""""""'"
SUpervteorll
You\tlSports
SportsOlnlcs
South Bay
SUmmer Games
-
au_'
.61 Leader
.74 Aid
.
% = Proposed upgrade-fiscal 1992
= Propooed position fiscal year 1993
RECREATION DIVISION
FISCAL YEAR 1992
RE-ORGANIZA TION
DEPUTY DIRECTOR
I
SENIOR RECREATION cu..TURALARTS
SUPERVISOR COMHISSlCN
Parkway Complex _WIde Speclallntef'e8t
Parkway Gym Aquatic Progr&m8 c_
Parkway Center CulturaJArtsEvents
Adult Athletic8 ....- -
Yauffl Sports 0aunciI ConlI..- .......,~I
- I .26 Speelallst
--" Lomo__ .24 Leader
.23 Specialist
1.62 Leader Pool Manager
.32 Aid Senior Guard
"""'- .........-
Pool Manager
.69 Seasonal Ranger Senior Guard
.80 Ranger Aid 1.50 Pool Manager
1.50 Senior Guard
.37~cialist
4.85Ufeguard
3.33 Aid
Noonan .....
1.28 Specialist
.45 Leader
.10 Proposed
Recreation Leader
Women'. Club
.24 Specialist
Son""""""
"""""......
-
-,
.22 Specialist
SENIOR RECREATION
SUPERVISOR ~
Human Services
Infonnation&
AeferralCenter
--
CouncIl
Humon_
Coonll_
COHMISSlCN
ONAGlNG
--
--
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COMPARISON CHART BETWEEN OLD CENTER,
ANNEX, AND NEW CENTER
t
~
~
SQUARE CLASS- REST- OUTSIDE CON- SOCIAL OTHER OFFICES
FOOTAGE ROOMS ROOMS KITCHEN PATIO/ FERENCE SERVICE AMENITIES MAIN
DECK ROOM OFFERING FLOOR
2 Restrooms
OLD 1 men 7 Social
CENTER 6,\\65 2 1 women 1 services on IVERY
0
270 "F" St. part time small
5 stalls as needed
2 urinals basis
3 Restrooms
ANNEX 1 Men 7 Social
3 1 Women 1 Partial 0 Services
5,000 4 offices
311 "F" St. 1 Unisex No stove,etc. on a part
time basis
4 Stalls
1 Urinal
5 Restrooms
2 men 3 Anchor Reception
NEW 2 women 1 5 separate
plus small Deck on Agencies area
CENTER 16,795 7 1 unisex Nurse Office +
270 "F" St. staff 3 sides of 2 up to 20
lounge 2nd story part time Lg. Gallery open area
12 stalls Elevator with 3 work
2 urinals agencies Stairs stati ons
".
....
....
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....
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1-22-92 disk MEMOS (comchar1pm4) mk
NORMAN PARK CEN1ERAL MAIN1l!NANCE
PROPOSED FY 1991-92 BUDGET AMENDMENT
y.".".'."..-..."."".-.'...........
0-:_':':'::':"_'_:_:_:_:_:_:_:_:_:_:_'_:':_:_:_:_:_:_:.:.;.,.:.:.;.,.:-,.:.,-z.:-:-,
'AMOUNT' <i. '...'.
PRESBNTLy>i .',
--.. .... .,........., "..,- "."......-...
-'BUDO'ETED "
",' .,"" . ',n..-,..',.'.
'-'-' ..... -. . '--,--"','
, .12 Montlls" .'......,...,".. ....
........,.--.,...-...
",::,,)::::,;,,::;';"-;-;-;';-;-:"-;.;.:.:.;-;.;.;.::.:.:.:-:.:.,.:-:-:-
~~m
....BUDGET.............................
.....FYil99t~~............................
68,110.00 Upgrades a Supervisor II position to Senior Recreation
Supervisor (Step "C") and retains the Supervisor I
position.
35,625.00 Present staff oonsislS of 1.28 FI'E Recreation Specialist
and .45 FI'E Recreation Leader. An increase of .10 FrE
(70 hours for 4 months) Recreation Leader will be
needed to maintain proper coverage for additional hours
building is open.
380.00 Sick Leave - Pay in Ueu
67,530.00
580.00
5101 . Salaries
'" Wages
510S - Hourly
Wages
35,100.00 525.00
t
\
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380.00 NO CHANGE
5131 . Sick
Leave. Pay in
Ueu
85.00
9,895.00 Retirement Contnbution
5141-
Retirement
Contnbution
9,810.00
9,540.00 Employee Benefit Plan
110.00
5142 -
Employee
Benefit Plan
5143 - Medicare
Contribution
9,430.00
950.00 10.00 960.00 Medicare Contribution >
....
....
..
860.00 NO CHANGE 860.00 Workers' Compensation n
".
:I
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....
124,060.00 1,310.00 125,370.00 I'T'I
5144 . Workers'
Compensation
TOTALS
\:;
,
"
NORMAN PARK CENTERAL MAIN1ENANCE
PROPOSED FY 1991-92 BUDGET AMENDMENT
iC' !'lj..i............ i. .....~jR .i< > .........;.............................................. ...........nl.................... ...........
i
I>", ,- i
1< >
!tV ......... >> ninnII .. n................
I>i >i ii << ii>n> ilfX
5212 - Printing 320.00 403.00 723.00 Printing costs will expand with new Center usage. Funds
and Binding will also be needed to assist with Grand Opening
expenses.
5213 100.00 NO CHANGE 100.00
Photography &
Blueprint
5218 - Postage 60.00 23.00 83.00 Increase of 10 additional mailings per month (231/yr).
Extra postage is also needed for Grand Opening expenses.
5223 130.00 NO CHANGE 130.00 The National Council on Aging Membership has
Membership increased by $20.00.
and Dues
5225 360.00 360.00 720.00
Transportation
Allowances
5251 - Utilities 31,500.00 1,417.00 32,917.00 Increase is based on information furnished by Public
Works and SDG&E
5252 600.00 2,800.00 3,400.00 Increase for first four months includes $720 to purchase
Telephone telephones. Additional costs are based on information
furnished by Info. Systems Division and Pac Bell.
5266 - SelV to 80.00 NO CHANGE 80.00
Main-Office
Equip
5268 - SelV to 80.00 NO CHANGE 80.00
Main-Other
Equip
5298 - Other .0- 225.00 225.00 Costs to include $12O.00/month for elevator service with a
Contractual $100.00/year safety inspection. . The elevator will be under
Services warranty for only the first 3 months of operation. Also
included is $35/month security alarm monitoring.
NORMAN PARK CENTERAL MAINTENANCE
PROPOSED FY 1991-92 BUDGET AMENDMENT
., ., ....
. ,_"n,_..__,,___,__. ...__,
PROPOSED ..
AMENDED .
BUDGET
FY 1991-92
.""""".",..."...."...",..
',_n,_,__ ,_, _,_ _,
AMOUNT .
PRESENTI..Y . .
BUDGETED
12 Moriths ..
160.00
PROJECf .
NUMBER. ..
AND TITLE .
PROPOSED .
INCREASE
4 Months
235.00 Increase is needed for the new center operating costs.
75.00
5301 - Office
Supplies
5331 - Books,
Publications
40.00 NO CHANGE
40.00
230.00 No additional funds are necessary for tbe first 6 months
of operation because everything sbould be under
warranty.
530.00 Anticipated $50 will be needed for .start-up. money.
5362 - Matis to
Main-Bldgs,
Stru
230.00 NO CHANGE
5371
Recreation
Supplies
5398 - Other
Commodities
480.00 50.00
~
'X
~
860.00 NO CHANGE
860.00
TOTALS
35,000.00
5,353.00
40,353.00
EmplOY!le
serviCes::' ..". ;:,
Suppli~ ~. .
Services
TOTALS
6,663.00
.. 165,723.00
159,060.00
NORMAN PARK CENTERAL MAINTENANCE
PUBLIC WORKS (100-1471) CUSTODiAL MAINTENANCE
PROPOSED FY92 BUDGET AMENDMENT
5101 - Salaries 6,843.00 3,422.00 10,265.00 .50 FIE Permanent Part-Time Custodian I
and Wages
5141 - 944.00 497.00 1,491.00 Retirement Contribution
Retirement
Contribution
5142 - 3,258.00 1,629.00 4,887.00 Employee Benefit Plan
Employment
Benefit Plan
5143 - Medicare 100.00 50.00 150.00 Medicare Contribution
~ Contribution
, TOTALS 11,195.00 5,598.00 16,793.00
~
Supplies &
Services
5281 - Laundry 120.00 60.00 180.00 Laundry & Cleaning Service
and Cleaning
Serv
5298 - Other 0.00 640.00 640.00 Costs will include $576 for pest control
Contractual and $1600 for a window washing service.
Serv Note: The window washing service is
necessary and can not be serviced by City
staff.
5302 - 2,283.00 1,142.00 3,425.00 Janitorial supplies needed based on the
Janitorial additional square footage of the building.
Supplies
5304 - Wearing 30.00 15.00 45.00 Wearing Apparel (rain gear, gloves, etc.)
Apparel
5341 - Small 100.00 50.00 150.00 Small Tools
Tools
X;
~
'"
PROJECf
NUMBER
AND TITLE
TOTALS
Employee
Servi<:es
SnppUe$ &
Servi<:es
TOTALS
AMOUNT
PRESENTLY
BUDGETED
12 MONTHS
2,533.00
11,195.00
2,533.00
13,728.00
NORMAN PARK CENTERAL MAINTENANCE
PUBLIC WORKS (100-1471) CUSTODIAL MAINTENANCE
PROPOSED FY92 BUDGET AMENDMENT
PROPOSED
INCREASE
4 MONTHS
1,907.00
PROPOSED
AMENDED
BUDGET
FY 1991-92
4,440.00
5,598.00
7,505.00
21,233.00
CUSTODIAL SQUARE FOOTAGE COMPARISONS
CITY
# OF EMPLOYEES
SOUARE FEET
AVERAGE
Chula Vista 13.5* 301,625 22,343
EI Cajon 18 150,000 8,333
Poway 4.5 63,500 14,111
Escondido 11 197,266 17,933
4 part-time 20,660 5,165
City of San Diego 18-19 333,394 17,450
Carlsbad 10 240,440 24,044
(contracted out) 21,494
* Includes .5 FTE part time temporary to clean the Women's Club
(custcom)
/,7.-.2~
25
20
....J
a..
~ ...........
w (j)
_ "'C 15
~ z ffi
, <( (j)
~ ~ 5
~ ti: ~ 10
o
CJ)
CUSTODIAL STAFF
sa FT MAIN/EMPL
22,161 22,343
5
16 284 16,534
,
o
1986 89/90 90/91
YEAR
3/92
1976
J'-
I ~I sa FT MAIN/EMPL I
COMPARISON OF CUSTODIAL STAFF
TO SPACE MAINTAINED
30
300
25 250 0
w
z
20 200 __ ~
'- CJ en Z
'U _
L Z c <(
LL 15 150 m ~
~ LL
5 ti:
't.~
..c
(/) 10 1 00 t::. w"
a:
<(
::>
5 50 a
en
0 0
1976 1986 89/90 90/91 3/92
YEAR
I BII CUSTODIAL STAFF ~ sa FT MAINTAINED" I
CUSTODIAL SERVICES
PREPARED 03-Feb-92
1976
CUSTODIAL STAFF # 16.00
1986
13.00
89190 90/91 3192
13.00 14.00 14.50
SQ Ff MAINTAINED 195,413
195,413
198,413 288,090 301,625
SQFfMAINIEMPL* 12,213
16,284
16,534 22,161 22,343
* IN 1976, THE SUPERVISOR WAS A WORKING SUPERVISOR. AFTER THAT,
HE WAS NOT AND IS NOT INCLUDED IN THE CALCULATIONS FOR SQ FT MAIN/EMPL
CUSTODIAL STAFF
sa FT MAIN/EMPL
25 22,161 22,343
20
...J
a.
~ ~
UJ rn
- "0 15
Z c:
<i: III
rn
~ ::l
0
I- ~ 10
u.
0
en
5
0
1976 1986 89/90 90/91 3/92
YEAR
I ~ sa FT MAIN/EMPL I
I;J ...;J....5'
COUNCIL AGENDA STATEMENT
Item
I~
Meeting Date 3/10/92
Resolution I 615 ~l" Approving an Agreement with Ernst & Young for
GIS Technical Consulting Services to design and implement the City-wide
GIS CIP project.
SUBMITTED BY: Director of Public Works .yY/
ITEM TITLE:
REVIEWED BY: City Manager Jf
v
(4/5ths Vote: Yes_No-X-)
During the Council Meeting/Work Session on February 27, 1992, staff made a presentation on
the City's GIS project. The presentation included information about GIS in general, a brief
demonstration using data from the Otay Ranch Project, and a review of the City's GIS project
(Agenda Statement attached). At that meeting, Council directed staff to re-negotiate the contract
with Ernst & Young to reduce the cost from $65,000 to $40,000. The attached contract has
been re-negotiated and is consistent with the Council action. The re-negotiated amount is
$40,260 which is based on the modified tasks and a new schedule. The major difference
between the attached contract and the previous $65,000 contract that Council filed on November
26, 1991 is that staff will now be preparing the needs assessment and mapping requirements
update, and formulating the approach and general plan for the system development and
implementation without consultant assistance.
RECOMMENDATION: That Council adopt the resolution approving an agreement in the
amount of $40,260 with the firm of Ernst & Young to provide technical consultant services for
the Geographic Information System CIP project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Geographic Information System (GIS) is a multi-year CIP project which is currently
budgeted beginning with this fiscal year (FY 91/92). As part of the first phase of this project,
technical GIS consulting services are necessary to assist staff in: 1) developing the requirements
definition for the GIS and database design, 2) developing RFP specifications for the GIS system,
3) developing RFP specifications for the land base information and the digital base maps of the
City, and 4) evaluating responses to the above two RFPs.
I~-I
Page 2, Item ~
Meeting Date 3/10/92
The following information is a summary of the RFP and selection process used in selecting the
project team from Ernst & Young to assist the City in designing the GIS system, and the tasks
to be performed.
On August 9, 1991 staff issued a request for proposals to provide technical consulting services
for the GIS project. The following seven proposals were received in response to the City's
RFP.
EMA, Inc., St. Paul, Minnesota
Emery DataGraphic, Englewood, Colorado
Ernst & Young, Irvine, California
PlanGraphics, Inc., Frankfort, Kentucky
M.LB. Chock, Santa Monica, California
Bruce A. Joffe, Piedmont, California
Roy F. Weston, Inc., Seattle, Washington
$ 78,800
98,200
65,684
116,600
71,500
45,000
229,236
A GIS Technical Committee, which is comprised of ten staff members from the departments of
Planning, Building & Housing, Community Development, Police, Fire, Management and
Information Services, and Public Works, evaluated all of the proposals and recommended four
firms for further consideration by the GIS Steering Committee.
The GIS Steering Committee, which consists of Jim Thomson, Deputy City Manager, Robert
Leiter, Director of Planning, John Lippitt, Director of Public Works, Cliff Swanson, Deputy
Director of Public Works/City Engineer, Louie Vignapiano, Director of Management
Information Systems, and Fred Wong, GIS Manager, also evaluated the proposals and concurred
with the Technical Committee's recommendation. The four firms selected for interview by the
Steering Committee were EMA, Inc., Emery DataGraphic, Ernst & Young, and PlanGraphics,
Inc. The other three firms were evaluated as non-responsive to the RFP and eliminated from
further consideration.
Based on the written proposal and an oral presentation, the GIS Steering Committee selected
Ernst & Young as the top-ranking candidate. The decision was based on the criteria of overall
cost, consultant's objectivity, the project team's experience and qualifications in projects of a
similar nature, project method and approach, project schedule, and responsiveness to the City's
RFP. While Ernst & Young has local offices in San Diego and Irvine, the project team can
operate from either office depending on the project, and the key project team members reside
in the San Diego area, which will help minimize travel related expenses.
Technical consulting assistance is necessary during the design and initial implementation phases
because the establishment of a new coordinated multi-departmental system is very complex. The
benefits of using the technical consultant comes from their expertise and experience in setting
up this type of system in other cities, which will help to minimize the risks and problems the
I~ -",
Page 3, Item '1
Meeting Date 3/10/92
City will have in setting up its new GIS system. After the system has been established, City
staff will be able to operate and maintain the system. Since this assistance is needed only for
a limited time, it is not desirable to hire staff that would subsequently be eliminated.
The consultant will be required to perform the following tasks for the development of the City-
wide GIS project.
. Development of detailed work plan, system requirements definition based on staff's needs
assessment and identification of applications, conduct one engagement kick-off/requirements
validation meeting with the Steering Committee, and conduct one engagement kick-
off/requirements validation meeting with the Technical Committee.
Deliverables: Detailed work plan.
One meeting with Steering Committee for validation of requirements.
One meeting with Technical Committee for validation of requirements.
. Development of functional and technical specifications/RFP for a GIS system that will meet the
present and future needs of the City. The system shall include all necessary hardware, software,
and peripheral equipment.
Deliverables: RFP junctional/technical specifications for GIS.
. Development of functional and technical specificationslRFP for aerial photogrammetry and
mapping conversion.
Deliverables: RFP junctional/technical specificationsfor aerial photogrammetry and base map
conversion.
. Assist the City in evaluation/selection of the proposed GIS systems (includes development of
benchmark test procedures). Assistance may include participation in interviews, selection
meetings, contract negotiations with GIS vendors, and presentations to the City Council.
Deliverables: Benchmark Test Procedures.
Benchmark Test Evaluation.
Evaluation of GIS proposals.
. Assist the City in evaluation/selection of the mapping conversion proposals. Assistance may
include participation in interviews, selection meetings, contract negotiations with conversion
contractor, and presentations to the City Council.
Deliverables: Evaluation of mapping conversion proposals.
FISCAL IMPACT: Funds are budgeted and available in the FY 91/92 Capital Improvements
Program for Project No. GG-I04.
FW: File NP-OIO
1.3 -l
RESOLUTION NO. IbS~1o
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH ERNST
& YOUNG FOR GIS TECHNICAL CONSULTING SERVICES
TO DESIGN AND IMPLEMENT THE CITY-WIDE GIS ClP
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The city council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Geographic Information System (GIS)
multi-year CIP project which is currently budgeted beginning
FY 91-92; and
is a
with
WHEREAS, during its meeting of February 27, 1992, Council
directed staff to renegotiate the contract with Ernst & Young to
reduce the cost from $65,000 to $40,000; and
WHEREAS, the renegotiated amount of $40,260 is based on
modified tasks and a new schedule with the major difference being
that staff will now be preparing the needs assessment and mapping
requirements update, formulating the approach and general plan for
the system development and implementation without consultant
assistance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an agreement with Ernst
& Young for GIS Consulting Services to design and implement the
City-wide GIS CIP project known as Document C092-40, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City.
John P. Lippitt, Director of
Public Works
Presented by
Bruce M. Boogaa d, City
Attorney
C:\rs\ernst
13 -It
Director of Public Works
City Manager~
In July 1991, CVT implemented numerous service changes recommended under Phase
I of the Chula Vista Transit Study. These changes increased CVT's annual
service miles operated by almost 50%. The study also recommended further CVT
changes under Phase II. Transit staff, in conjunction with MTDB staff, have
evaluated the implemented Phase I changes and Phase II recommendations, and
have developed proposed CVT service modifications for FY 1992-93. Exhibit 1
shows the proposed CVT system and Exhibit 2 is a summary of the proposed
service for each route.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
I~
Meeting Date 3-17-92
Report on Chula Vista
1992-93
(CVT)
service changes for FY
~"t
(4/5ths Vote: Yes___No~)
RECOMMENDATION: That Council accept this report and recommend to SCOOT Board
that the Board approve the proposed CVT service for FY 1992-93.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed CVT service for next fiscal year would increase the total system
annual miles by 4%, from the current 1,082,000 to 1,125,000. The proposal
includes some modifications to existing routes and the addition of a new
route. The FY 1992-93 system is based on the Chula Vista Transit Study
recommendations, and also includes some refinements of the present system
based on operating experience since last July. The following a is discussion
by route of the proposed service for next fiscal year:
Route 701:
Route 702:
No change is proposed for Route 701. This route provides
the most extensive service of any CVT route in terms of
operating time (5:10 a.m. to 11:25 p.m.) and duration (7
days a week). Based on SANDAG passenger counts taken in
Fall 1991, and on more recent passenger counts taken by
Transit staff in February 1992 of evening ridership, staff
is recommending that no changes be made to this route.
For example, 10 passengers rode on the last trip from
Palomar Station at 10:45 p.m., and comparable ridership
was noted on other trips after 6:00 p.m.
No change is recommended for this route.
survey indicated consistent ridership on
trips, with 5 passengers on the last trip.
The February
the evening
N~
Route 703:
Route 704:
Route 705:
Route 706/:
706A
Route 707:
Route 708:
Page 2, Item Iq
Meeting Date 3-17-92
Staff is recommending that Route 703 service to Chula
Vista Community Hospital be eliminated, that Route 707 be
changed to terminate at the hospital, and a new Route 712
operate between the Palomar Trolley Station and the
hospital. This change to Route 703 will improve service
frequency on the route and will also minimize out-of-
direction travel on the hospital portion of the current
703. (Please refer to the discussion on Route 707 and 712
later in this report.)
In addition, as a result of a previous Council agenda item
regarding Route 703 service on Oleander Avenue between
Orange Avenue and Sequoi a Street, Council asked staff to
evaluate the early morning trips on Route 703 to see if it
mi ght be feas i b 1 e to start Route 703 1 ater. Route 703 was
surveyed on February 5, 6, and 18, 1992. The 5:30 a.m.
outboard trip to Palomar Station had an average of 11
riders and the 6:00 a.m. inbound trip (Palomar station to
"H" Street) an average of 23 riders. The 6:00 a.m.
outbound tri p had an average of 11 ri ders, and the 6: 30
a.m. inbound trip an average of 18 riders. Based on this
passenger ridership, staff recommends no change to the 703
weekday morning schedule.
No change proposed for this route.
No change proposed for this route.
No change proposed for these routes.
Staff is recommending restructuring this route to
terminate at Chula Vista Community Hospital instead of
Southwestern College, and to delete service on Hidden
Vista Drive in the Terra Nova area. With the recommended
addition of Route 709 service all day, (please refer to
Route 709 discussion), Route 707 service to the College
will no longer be needed. Terminating Route 707 at
Community Hospital will provide service to the Medical
Center Drive area previously served by Route 703. The
elimination of the service on Hidden Vista Drive is
recommended due to low ridership and out-of-direction
travel. Thi s change wi 11 enabl e Route 707 to operate on
an even 60-minute headway.
No change proposed for this route.
I" .. .;.,
Route 709:
Page 3, Item I'"
Meeting Date 3-17-92
Staff is recommendi ng the addition of off-peak 50-minute
service frequency on this route (Route 709 currently
operates only during morning and afternoon peak periods on
a 30-minute headway). This route would also be changed to
serve the Kaiser facil ity in EastLake and would provide
all-day service to Southwestern College.
No change proposed for this route.
Thi s new route woul d operate between the Palomar Street
Trolley Station and Chula Vista Community Hospital and
would serve two main functions: provide additional and
comp 1 ementary servi ce to Route 702 in the Palomar Street
corridor which is a high ridership area; and provide
service on East Naples Street and Medical Center Drive
currently served by Route 703. This route will operate on
a 50-minute headway.
FISCAL IMPACT: The total estimated cost of these service changes for next
fiscal year is estimated at $82,000; the net cost estimate, based on a fare
recovery ratio of 40%, is $49,200. These proposed changes are included in the
FY 1992-93 SCOOT budget request. The cost of all SCOOT and CVT services are
funded by Transportat ion Development Act (TDA) 4.0 funds, fare revenue, and
investment earnings.
Route 711:
Route 712:
WMG:DS-015
WPC 1538T
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Summary of Proposed Chula Vista Transit Service for FY 1992/93
Route Peak Off-Peak Point of Origin & Weekday Weekend Comments
Number Headway Headway Destination Service Hours Service Hours
H S!. Station to Palomar S!. 7AM -10:25 PM No changes to this route.
30 minutes 30 minutes 5:10AM- (Saturday)
701 Station Via HiI~op Avenue & Main 11 :25 PM 7:30 AM - 9:55 PM
Street (Sunday)
6:30 AM - 8:55 PM No changes to this route.
H S!. Station to Palomar S!. 5:30 AM - (Sa!.) New Route 712, operating in
702 40 minutes 40 minutes Station Via H Street, Melrose 10:45 PM 7:10 AM - 8:15 PM conjunction with Route 702,
Avenue, & Palomar Street (Sun.) will improve service frequency
on Palomar S!.
703 H S!. Station to Palomar S!. 5:30 AM - 7:00 AM - 8:55PM Elimination of CV Hospital
30 minutes 45 minutes Station Via Oleander & Orange (Sa!.) improves service frequency &
9:55 PM
Avenues reduces out-of-direclion travel
H S!. Station to Southwestern 5:35 AM - 7:18 AM - 8:54 PM *2-bus service during peak
704 60 minutes. 60 minutes. College Via Naples Avenue & 10:00 PM (Sa!.) loading periods at
Telegraph Canyon Road Southwestern College
Bayfront Station to Southwestern 5:55 AM - 7:25 AM - 8:44 PM
705 30 minutes 40 minutes College Via Bonita Road & Olay 10:29 PM (Sa!.) No changes to this route
Lakes Road 8:25 AM - 8:44 PM
(Sun.)
706:
20 minutes 20 minutes 706: H S!. Station to Downtown CV 706: 9 AM - 7:35 PM No changes to these
706/706A (706) (706) Area 9 AM- 7:35 PM (Sa!.) "Downtowner" routes
60 minutes 60 minutes 706A: Bayfront Station to 706A:
(706A) (706A) Downtown CV & CV Marina & CV 706A: 9 AM - 7:12 PM
KOA Park (Sa!.)
9AM -7:12PM &
9 AM - 6:32 PM
(Sun.)
Route restructured to improve
60 minutes H S!. Station to CV Hospital Via 6AM- 7 AM -7:45 PM service frequencyalong H
707 60 minutes Street corridor & to provide
East H S!. & Paseo Ladera 9:50 PM (Sa!.) service to CV Community
Hospital
G;<"J+"'iJ;;T~ .
Summary of Proposed Chula Vista Transit Service for FY 1992/93
Route Peak Off-Peak Point of Origin & Weekday Weekend Comments
Number Headway Headway Destination Service Hours Service Hours
708 12 minutes 25 minutes Bayfront Station to Nature 10AM- 10AM-5PM No change to this route.
(Summer) Interpretive Center Via Bay Blvd. 5PM Summer schedule uses 2
buses. Rest of season 1-bus
service
Off-Peak Service added &
H SI. Station to Southwestern route changed to serve
709 30 minutes 60 minutes College & Eastlake Via East H SI. 6:30 AM - None Kaiser facility & all-day
& Eastlake Dr. 7:20 PM service to Southwestern
College
711 60 minutes 60 minutes Plaza Bonita Shopping Center to 6AM- None No change in this route. Still
Southwestern College Via Central 7:20 PM serves as regional transfer
Ave. & Corral Canyon Road point to NeT
"- & provides service in County
"t. areas unserved by CTS
~ Palomar SI. Station to CV New route from Palomar SI.
712 60 minutes 60 minutes Hospital Via Palomar SI. & 5:30 AM - 7:30 AM - 8:20 PM Station to CV Hospital along
Melrose Ave. 9:20 PM (Saturday) Palomar SI. corridor. New
route improves frequency of
service along the busy
Palomar SI. corridor
eXH::'i3~T :l..
COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 03/17/92
ITEM TITLE: PUBLIC HEARING To Consider Coastal Development
Permit #56 for Construction of a 12 Inch Water Main within the Existing
Bay Boulevard Street Right-of-Way between Moss and L Streets.
RESOLUTION I ~>Jt-.3 Adopting Mitigated Negative
Declaration IS-92-24 and issuing Coastal Development Permit #56 for the
construction of a 12 inch water main within the existing Bay Boulevard
right-of-way between Moss and L Streets.
SUBMITTED BY: Community Development Director ~?,
REVIEWED BY:
City ManagerR
,/
(4/Sths Vote: Yes
No X)
BACKGROUND:
In April 1991 the City Council and Redevelopment Agency approved the construction of Rohr's
office building at 850 Lagoon Drive. During the approval process it was determined that Rohr
would be required to install certain public improvements. One of those improvements is a 12
inch water main to be installed in Bay Boulevard between Moss and L Streets to ensure adequate
fire service to the building at 850 Lagoon Drive.
Specific plans for the water main have been reviewed and approved by Sweetwater Authority.
The City has completed environmental review of the project and issued Negative Declaration
IS-92- 24. The following report addresses coastal zone issues.
RECOMMENDATION: That the City Council: (1) conduct a public hearing, take public
testimony, and close the public hearing; (2) approve the resolution adopting Mitigated Negative
Declaration IS-92-24; and (3) issuing Coastal Development Permit #56 for the construction of
a 12 inch water main within the existing Bay Boulevard street right-of-way between Moss and
L Streets.
BOARDS/COMMISSIONS RECOMMENDATION: On February 24, 1992, the Resource
Conservation Commission voted unanimously to recommend approval of Negative Declaration
IS-92-24.
DISCUSSION:
A dual source of water for fire service to 850 Lagoon Drive is required by the Fire Marshal.
Currently, a 12 inch water main in Bay Boulevard serves Lagoon Drive. The system from the
north, E Street, provides adequate fire flows to the site. The line from the south, J Street, is
fed from a 6 inch main and needs to be upgraded to provide an adequate second source.
/5'-1
Page 2, Item /S'
Meeting Date 03/19/92
The project as proposed will entail the installation of a 12 inch water main in the existing Bay
Boulevard street right-of-way between Moss and L Streets which will link into the existing 12
inch main in Bay Boulevard. This new link will increase fire flow capacity from the south,
providing an adequate second source.
The proposed construction activities will take place entirely within the paved right-of-way of Bay
Boulevard. Soils and asphalt from trenching will be trucked to the appropriate disposal landfill.
Coastal DeveloDment Findinl!s:
State and Regional Interpretive Guidelines have been reviewed and the proposed project has been
found to be in conformance with the public access and public recreational policies of Chapter
3 of the Public Resources Code.
Based on the following findings, Rohr's proposal to construct a 12 inch water main within Bay
Boulevard street right-of-way between Moss and L Streets, is found to be consistent with the
certified Chula Vista Local Coastal Program:
1. The waterline upgrade will provide a dual source of water for current and future
development within the Chula Vista Bayfront. This improvement will assure sufficient capacity
for the most intensive users and will provide adequate fire flows for fire protection.
2. Construction of the project will take place within the Bay Boulevard right-of-way. Bay
Boulevard is not a direct route to the Bayfront or Coastal Resources. Therefore, construction
activities will not limit access to Coastal Resources.
3. The project is within a designated street right-of-way and the portion proposed for
construction does not provide access to any parkland or recreational area. Therefore, the
proposed project will not impact public parkland or recreational areas, nor will access to such
resources be impacted.
FISCAL IMPACT:
When the Redevelopment Agency approved the construction of Rohr's 245,000 sq. ft. office
building at 850 Lagoon Drive, the Agency committed through an Owner Participation Agreement
to participate financially in the construction of the subject waterline. The Agency approved the
reimbursement of $240,000 or 50 percent of the construction cost of the water main and set-up
CIP Account No. RD220 to hold funds until requested. Rohr will be paying for the other 50
percent.
Staff is currently researching alternative methods of reimbursement of the City's share from
other benefiting parties. Viable alternatives will be forwarded to the Redevelopment Agency and
City Council for consideration.
[C,IWP5\ ICOUNClLll J3SICDP-56.\ \3]
/Y.2.
RESOLUTION ) /'..>~;J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING MmGATED NEGATIVE DECLARATION IS-92-24 AND
ISSUING COASTAL DEVELOPMENT PERMIT #56 FOR THE
CONSTRUCTION OF A 12 INCH WATER MAIN WITHIN THE EXISTING
BAY BOULEVARD RIGHT-OF-WAY BETWEEN MOSS AND L STREETS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been
certified by the California Coastal Commission; and,
WHEREAS, said LCP includes Coastal Development procedures determined by
the Commission to be legally adequate for the issuance of Coastal Development Permits and the
City of Chula Vista has assumed permit authority of the Chula Vista Coastal Zone; and,
WHEREAS, a public hearing was duly notice and conducted on March 17, 1992,
in accordance with said procedures; and,
WHEREAS, the City Council of the City of Chula Vista has considered the
information contained in Negative Declaration IS-92-24 and as "the approving authority," has
reviewed the proposed construction of a 12 inch water main within the existing right-of-way of
Bay Boulevard between Moss and L Streets.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does
hereby resolve as follows:
A. The City Council has reviewed the Initial Study and any comments thereon
and hereby adopts Negative Declaration IS-92-24 on file in the City of Chula Vista Planning
Department; and,
B. The City Council of the City of Chula Vista finds, based on the following
findings, that the proposed public improvement is consistent with the intent of the policies of
certified Chula Vista Local Coastal Program:
1. The waterline upgrade will provide a dual source of water for current and
future development within the Chula Vista Bayfront. This improvement will
assure sufficient capacity for the most intensive users and will provide adequate
fire flows for fire protection.
2. Construction of the project will take place within the Bay Boulevard right
of way. Bay Boulevard is not a direct route to the Bayfront or Coastal
Resources. Therefor construction activities will not limit access to Coastal
Resources.
15'3
3. The project is within a designated street right of way and the portion
proposed for construction does not provide access to any parkland or recreational
area. Therefor the proposed project will not impact public parkland or
recreational areas nor will access to such resources be impacted.
BE IT FURTHER RESOLVED that the City Council hereby approves Coastal
Development Permit No. 56.
Bruce M. Boogaard
City Attorney
~JL~~~. /
Chris Salomone
Community Development Director
Approved as to form
!~~I
Presented by:
[C,\ WP51 \CQUNCILIRESOS\CDP-56.RES]
/5-0/'
See Contract No. 92-043
for Negative Declaration 15-92-24
Pages 15-6 through 15-36
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PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA for the purpose of
considering the construction of a 12" watermain within the existing Bay Boulevard Street right-
of-way.
The project is located in Bay Boulevard between Moss & L Streets
which is located in the Chula Vista Coastal Zone. A copy of the Coastal Development Permit
application is on file for inspection in the office of the Community Development Department.
An Initial Study, IS- 92-24 , of possible significant environmental impacts has been conducted
by the Environmental Review Coordinator. A finding of no significant environmental impact
has been recommended to the City Council and is on file, along with the Initial
Study, in the office of the Planning Department.
Any petitions to be submitted to the City Council must be received by the Community
Development Department office no later than 5:00 p.m. one (1) day prior to the hearing date.
If you wish to challenge the City's action on this Coastal Development Permit in court, you may
be limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the City Council at or prior to the public
hearing.
Within ten (10) days following the Coastal Commission's receipt of the City Council's action
on the above coastal development proposal, said action may be appealed to the California
Coastal Commission by a qualified appellate. If the City is not notified within the prescribed
time element of a pending appeal, the City Council action will be deemed final and a Coastal
Development Permit issued.
Said public hearing will be held by the City Council on March 17. 1992 . The
hearing will be at 6:00 P.M. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, Chula Vista, at which time any person desiring to be heard may appear.
Dated: 2/18/92
Beverly Authelet, City Clerk
(a:\watnnain)
(Master.mst)
i</ j 'i!
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OlY OF
CHULA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
February 19, 1992
S ta r-News
835 Third Avenue
Chula Vista, CA 91911
SUBJECT:
Legal Notice
Enclosed is a copy of the CITY COUNCIL public hearing notice regarding:
consideration of the construction of a 12" watermain
within the existing Bay Boulevard Street right-of-way
Please publish this document on Saturday, February 22, 1992. Also,
please forward a proof of publication notice, as well as the invoice
to the City Clerk's Office, Attention: Lorna Rosa.
Thank you for your assistance in this matter.
Yours truly,
Vd
Pamela R.
Principal
Development Specialist
PRB/ss
Enclosure
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(6191 691-5047
COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 3/17/92
ITEM TITLE:
Public Hearing to consider the deferral of undergrounding l2kv electrical
lines along North Fifth Avenue
Resolution 1&,5J/'1 approving the deferral of the requirement to
underground l2kv electrical lines along North Fifth Avenue (Hazard) and
authorizing the City Manager to execute the required agreement on behalf
of the City.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manage~/ (4/5 Vote: Yes_No-Xl
R.E. Hazard Contracting Company has requested that the City grant a deferral of the
undergrounding requirements imposed as part of the development of its property along North
Fifth Avenue. Section 15.32.130 of the Municipal Code states that all deferrals of
undergrounding must be considered by Council at a public hearing and that the owner must enter
into an agreement with the City.
RECOMMENDATION: That Council hold the subject public hearing, adopt the subject
resolution approving the deferral, authorize the City Manager to sign the agreement on behalf
of the City and direct the City Clerk to record the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: On February 20, 1992, the Town Centre
Project Area Committee unanimously approved recommending approval of the request.
DISCUSSION:
R.E. Hazard, along with other property owners in the area of North Fifth Avenue, is proposing
redevelopment of its property. The frontage on that street extends approximately 700 feet.
Currently, there are overhead electrical lines consisting of four 12kv distribution lines and six
69kv transmission lines. These overhead lines are currently suspended on poles located in the
middle of the North Fifth Avenue right-of-way, which is to be improved in the near future,
necessitating the relocation of the utilities. (See Exhibit A)
Section 15.32.050 of the City Code states that all existing overhead l2kv distribution lines shall
be undergrounded by the owner if the property adjacent to said lines exceeds 600 feet in
frontage. The threshold for undergrounding the 69kv lines is 1,500 feet of frontage. Therefore,
the code requires undergrounding of the l2kv lines but not the 69kv lines.
The estimated cost to underground the l2kv lines is $130,000. Relocation of the poles is
estimated to cost $112,000 bringing the total cost to meet code requirements to $242,000.
Removal of the four distribution lines would not have much visual impact considering the six
transmission lines would remain, along with the supporting poles. Fifth A venue is a cul-de-sac
street only serving a few parcels. Also, it is very unlikely that the poles would ever be
undergrounded north of this site, since the lines would have to go under SR 54 and the
Sweetwater Flood Control Channel.
/~..../
Page 2, Item / "
Meeting Date 3/24/92
Section 15.32.070 states that an owner or public utility company may request a deferral of the
undergrounding requirements. It also states that if, after all evidence is submitted and the public
hearing is held, it is shown that both of the following facts exist, the Council may grant a
deferral:
1. That extraordinary conditions exist that enforcement of the undergrounding would
cause unnecessary hardship to the owner or the utility company and;
2. That such a deferral will not be detrimental to the health, safety or general
welfare of the neighborhood.
.
The applicant states that the cost/benefit ratio of undergrounding the four lines is imbalanced and
would cause undue financial hardship, if the requirement was enforced. Staff agrees that the
initial costs of the conversion of the facilities to underground, plus the added cost of pole
relocation, far outweigh the visual benefits of undergrounding the lines. Staff does not feel that
granting of this deferral will be detrimental to the health, safety and welfare of the
neighborhood. There are no other facilities existing, or planned to be placed on the poles.
All utility companies and property owners within a 300- foot radius have been notified by letter
of this public hearing. It has also been noticed in the Star News in accordance with normal
noticing requirements.
Based on the findings contained herein, staff recommends approval of the deferral request.
Should Council elect to defer the undergrounding of overhead utility requirements, the developer
is required to enter into an agreement with the City stipulating that:
I) They would not protest the establishment of an undergrounding district at some future
date and;
2) The agreement shall be binding upon heirs, successors and assigns of the owner and such
agreement shall be recorded.
In addition, the agreement must be executed by the City. Consequently, the resolution includes
authorization for the City Manager to sign on behalf of the City.
There are slides available for Council viewing.
FISCAL IMPACT: None.
JWH:PB-028
(PB028.A13)
/ " -' .2.
RESOLUTION NO. 1t-9I~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEFERRAL OF THE
REQUIREMENT TO UNDERGROUND 12KV ELECTRICAL
LINES ALONG NORTH FIFTH AVENUE (HAZARD) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
REQUIRED AGREEMENT ON BEHALF OF THE CITY
WHEREAS, R. E. Hazard Contracting Company has requested
that the city grant a deferral of the undergrounding requirements
imposed as part of the development of its property along North
Fifth Avenue; and
WHEREAS, section 15.32.130 of the Municipal Code states
that all deferrals of undergrounding must be considered by Council
at a public hearing and that the owner must enter into an agreement
with the City.
NOW, THEREFORE, the City Council of the city of Chula
vista does hereby find, determine, resolve and order as follows:
section 1.
section 2.
section 3.
That extraordinary conditions exist to the extent
that enforcement of section 15.32.070 would result
in an unnecessary hardship to the owner by virtue
of the following facts:
Enforcement of the requirement to convert the
overhead 12kv lines would add substantial cost to
the project and the benefit received would be very
limited since the poles and 69kv lines would
remain.
That a deferral of the duty to underground the
utility services will not come under the
circumstances of this particular case, be
detrimental to the health, safety or general
welfare of the neighborhood by virtue of the
following facts:
Inasmuch as the overhead lines are currently in
place and the project is relocating the poles
because the 69kv lines are not required to be
undergrounded allowing the 12kv lines to reamin
will not be detrimental to the general welfare of
the neighborhood.
The City Manager or his designee is hereby
authorized to negotiate an agreement permitting
Hazard to defer the undergrounding pursuant to the
provisions of section 15.32.130 which agreement
shall include, but shall not be limited to,
provisions that require (1) Hazard to not protest
1
//,-j
the establishment of an undergrounding district
touching and concerning the parcel of property
currently owned by Hazard at the northeast corner
of North Fifth Avenue and C street, Chula Vista;
and (2) that the agreement shall be binding upon
the heirs, successors and assigns of the owners of
such land and that such agreement shall be
recorded.
section 4.
On the condition that City Manager and Hazard are
able to reach an agreement as to the terms and
conditions for the deferral, the city Manager is
hereby authorized to execute said agreement on
behalf of the city without further review and
approval by the City Council.
section 5.
That, effective upon the recording of said
agreement, if same is duly negotiated, executed and
recorded, the city Council does hereby approve and
authorize the deferral of the requirement of
undergrounding the utilities at the above
referenced parcel.
Presented by
Ar;~~Of:l
Bruce M. Boogaa C1ty
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\hazard
2
I' -If
MINUTES OF THE TOWN CENTRE PROJECT AREA COMMITTEE
OF THE CITY OF CHULA VISTA
Thursday, February 20, 1992
8:45 a.m.
Council Conference Room
City Hall
I. ROLL CALL
MEMBERS PRESENT:
Vice Chairman Peter, Members Blakely, Harper, Mason,
Ohlau, and Altbaum.
STAFF PRESENT:
Chairman Hyde
Redevelopment Coordinator Fred Kassman, Parking
Operations Officer Bob Baker, Community Development
Specialist Alisa Duffy-Rogers, Associate Planner Luis
Hernandez, Intern Benjamin Martinez, and Community
Development Specialist Miguel Z. Tapia
Dowtown Manager Joan Campbell, Eddie Chapman, Jerry
Alford, and a representative of the Boys Club of
Chula Vista
MEMBERS EXCUSED:
ALSO PRESENT:
2. APPROVAL OF MINUTES OF JANUARY 23, 1992
MSUC (Blakely/Mason) to approve the minutes of January 23, 1992, as
mailed.
3. REDEVELOPMENT BUSINESS
Dock's SiQn Variance
Associate Planner Hernandez presented the project and indicated that
Dock's business owner, Eddie Chapman, is requesting a variance from the
sign ordinance that would allow him to leave his existing business sign
on. His sign is a projecting sign and the City Ordinance calls for
removal of all projecting signs. Mr. Hernandez indicated that staff was
supporting Mr. Chapman's request on the basis that this business has been
in the downtown area for a very long time and the sign has a lot of
historical significance and identity with the downtown atmosphere. Based
on these characteri st i cs, staff recommends approval of the vari ance for
Mr. Chapman's sign to remain.
Member Mason asked what was the difference between a projecting sign on
Broadway and the projecting sign under consideration and whether the same
treatment would be given to a request from another business in any other
area of the City. Mr. Hernandez i ndi cated that the main difference
between the two areas is the historical significance of the business and
the sign. Any other business would be given the opportunity to request a
variance, but staff would have to look into the significance of the
business and design and would have to make a recommendation based on that.
After some more di scuss i on, the Committee decided to recommend approval
of the variance.
MSUC (Oh 1 au/Bl akely) to support staff's recommendation as stated in the
report.
/~";J
Town Centre Project
Area Committee
-2-
February 20. 1992
4. WAIVER OF REQUIREMENT TO UNDERGROUND UTILITIES FOR THE FIFTH AVENUE
EXTENS ION
Redevelopment Coordinator Fred Kassman indicated that the purpose of this
item was to introduce a redevelopment proposal to the Committee and to
request approval of a variance that would allow the developer to leave
the ut il it i es over ground. The proposal is for the area located at the
end of Fi fth Avenue in the northern part of Chul a Vi sta next to the
Sweetwater Channel. The project cons i sts of the construct i on of
industrial buildings.
Mr. Jerry Alford, representative of the developer, talked about the
project and explained the request being made to the Committee. He
indicated that currently the City requires that the existing 12 KV lines
be undergrounded with the extension of Fifth Avenue. However, the 69 KV
lines that are located on the same poles as the 12 KV are not required to
be underground. The situation would be that the 69 KV lines would remain
overground and the 12 KV 1 ines would have to be undergrounded. The
undergrounding of the 12 KV lines would cost about $131,000, negatively
affect i ng the project's budget. Consequently, the developers are
requesting that they be allowed to leave the lines overground because of
the significant financial impact that undergrounding them would be at the
same time that the 69 KV lines would remain above ground.
Fred Kassman i ndi cated that staff was support i ng the request from the
deve 1 oper in recommend i ng that the ut i 1 it i es rema in above ground. He
indicated that leaving the 12 KV cables above ground will not be a
nuisance because the land use designation is industrial and most of the
projects in the area are industrial. There are no housing projects or
any other projects for which leaving the utilities above ground would be
a nuisance. Consequently, they recommend that the Committee give a
positive recommendation.
MSUC (Ohlau/Blakely) to recommend to the Redevelopment Agency approval of
the recommendation as stated by staff.
5. CONSIDERATION OF LAND USE PERMIT FOR CARNIVAL AT THE CHULA VISTA CENTER
Intern Benjamin Martinez presented the project and indicated that staff
has reanalyzed the project and had found additional information which led
staff to change the recommendation stated in the memo that was mailed to
the Committee with the agenda packet. Therefore, he requested the
Committee to totally di scard that memorandum. He further i ndi cated that
staff was recommending the approval of the land use permit for the
temporary location of the carnival at the parking lot of the Chula Vista
Center. He indicated that when the residents in the vicinity were
notified of the proposal, staff had received two or three letters from
the residents in opposition to the location of the carnival. The Police
Department had also indicated that a carnival is usually associated with
publ ic safety problems deal ing with gangs and other types of problems.
/& --If
Town Centre Project
Area Committee
-3-
Februarv 20. 1992
However, Mr. Mart i nez i ndi cated that subsequent to that the Chul a Vi sta
Boys Club had conducted a survey among all of the residents in the
vicinity and had talked to them about the carnival and whether they would
approve it. All of them except for two or three residents gave their
approval. At the same time, staff reanalyzed the Police Department's
pos it i on and found out that the comments were related to carni va 1 sin
general. Staff indicated that the location of the carnival would not
pose any safety probl ems. In addit ion, the company agreed to provi de
additional security in order to avoid any safety problems. Consequently,
staff is recommending the approval of the land use permit for the
location of the carnival at the location indicated in the report.
Some committee members also made pos it i ve comments on the carn i va 1 and
indicated that they were supportive of its location at the Center's
parki ng lot.
MSUC (Ohlau/Harper) to support the revised recommendation from staff and
to forward a positive recommendation to the Redevelopment Agency.
PARKING BUSINESS
Community Development Specialist requested that the two parking items on
the agenda (5 and 6) be continued to a future meeting. The Committee
granted the request.
8. CHAIRMAN'S COMMENTS
None.
9. MEMBERS' COMMENTS
Member Altbaum indicated that City staff and the Downtown Business
Association are working on the mailout of a packet with information about
the parking permits to the downtown merchants. This information is
intended to encourage to purchase the permits. Mr. Altbaum indicated
that there are st ill some detail s that need to be worked out but the
mail out will be done in approximately one or two weeks from now.
Member Ohlau indicated he was very pleased with the role of the Downtown
Manager and her act i vit i es and all the good thi ngs she's doi ng for the
downtown.
10. STAFF COMMENTS
None.
11. PUBLIC COMMENTS
None.
The Committee adjourned at 9:30 a.m. to the regular meeting of March 5, 1992.
WPC 4918H
ELECTRICAL UNDERGROUND WAIVER EXHIBIT
EXHIBlT A
NEW LOCATION OF OVERHEAD
I( fllf05EO 5 0 ~ IE
EASEMENT.
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File No. -:.,\ \i\l1d--
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PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE miL' ~
SUBJECT (~_o 6\A~.~ -J di-'r,^_oJ dG/,d-'J~~~~J
LOCATION \~to:rJo~
lu \yQ ~
["LICV i'c-l ::;~0.u ~"V C
'+k:-5'-1
SENT TO STAR NEWS FOR PUBLICATION
PUBLICATION DATE d li't ( 0J-
MAILED NOTICES TO P~OPERTY OWNERS ~(i6 NO. MAILED ,-+ '
Legislative Staff, Construction Industry
PER GOVERNMENT CODE 54992: 6336 Grppnwich Drive. Suite F. San Dieqo
BY (!;J
BY HAND:
BY MAIL
Fed.
9212:
LOGGED IN AGENDA BOOK cJ/;;i hJ-
I
COPIES TO:
Administration (4)v/~
Planning ,/
Orioinatinq Dppr..
Engi neeri nq,/
Others:
City Clerk's Office (2)/
POST on Bulletin Boards J / J, '6/.j/;}
I
Special Instructions:
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/t/I
Rev.5/88
RECE!VED February 20, 1992
File No. PB-028
'92 FEe 2S 119 :32
SUBJECT:
Beverly Authelet, City Clerk CiTY U :: i .'~ '.:; r A
Clifford L. Swanson, Deputy Public w~m 6'ir:XtorrciiYEngineef
Notice of Public Hearing for Request for Deferral of Undergrounding
Requirements
TO:
FROM:
In accordance with Section 15.32.130 of the Municipal Code, any request for the deferral of
undergrounding must be considered by the City Council at a public hearing.
Please set a public hearing with the proper notices for March 10, 1992. Attached is a list of
property owners to be notified.
Also attached is the notice to be published in the Star News by Saturday, February 29th in order
to meet the ten-day notice deadline.
The location of the requested deferral is:
North Fifth Avenue from "C" Street to Route 54
The applicant for the deferral request is:
Project Design Consultants
701 "B" Street, Suite 800
San Diego, CA 92101
acting as agent for National Avenue Associates, Dixieline Lumber and The Koll Company (new
owner of the Hazard property), the owners of the properties adjacent to the right-of-way where
the overhead lines are located.
If you need further information, don't hesitate to call John Hardesty at 5115.
Thank you.
JH
i"li:----=;E j,? . /0
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California, for the purpose of considering a request for a deferral
of the requirement to underground 12 KV distribution lines along the alignment of North Fifth
Avenue between "C"Street and Route 54 Freeway. In accordance with Section 15.32.130 of the
Chula Vista Municipal Code, deferrals of undergrounding requirements may be granted by the
City Council after a public hearing is held to consider the matter. The request was filed by
Project Design Consultants, acting as agent for the owners of the properties adjacent to North
Fifth Avenue. Details are available in the Department of Public Works, Engineering Division.
Staff is recommending that the deferral be granted by Council after fmding that all facts exist
warranting the deferral. If you wish to challenge the City's action on this matter in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at or prior
to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, March
10, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED: 2120/92
FILE NO. PB-028
/~.//
NOTIFICATION LIST FOR
DEFERRAL OF UNDERGROUNDING
NORTH FIFTH AVENUE
The Koll Company
7330 Engineer Road
San Diego, CA 92111-1464
Dixieline Lumber Company
P.O.Box 85307
San Diego, CA 92186
Metropolitan Shopping Square Ltd.
c/o Charles G. Kerch
860 Isthmus Court, #2
San Diego, CA 92109
National Avenue Associates
2643 Fourth Avenue
San Diego, CA 92103
Attn: Jerry Alford
/ ~ - /.2-
COUNCIL AGENDA STATEMENT
Item~~
Meeting Date 3/10/92
ITEM TITLE:
A. Report on parking concerns for the 400 block of L Street and
the Youth Center parking lot
13 Resolution I~?~l Establishing a no parking zone on L
. Street between Fourth Avenue and Fifth Avenue in the vicinity
of the Youth Center parking lot driveway and the Cas a Vianney
condominiums and rescinding Resolution #15591 which prohibited
on-street parking for the entire 400 block of L Street
Director of Public Work~
City Manag~
(4/5ths Vote: Yes___No-X-)
Council Referral #2477. 2500
SUBMITTED BY:
REVIEWED BY:
The City Council on April 17, 1990, voted 3-0 to approve Resolution #15591
prohibiting parking on both sides of L Street between Fourth Avenue and Fifth
Avenue to allow for the addition of a two-way left turn lane. The Sweetwater
Union High School District favors the two-way left turn lane since vehicles
and school buses will not block the number one eastbound through lane while
attempting to make a left turn into the Youth Center parking lot.
Subsequent to the City Council meeting of April 17, 1990, staff received a
request from the homeowners to rescind Resolution #15591 and retain on-street
parking. In response to the homeowners appeal, a public hearing was conducted
by the City Council on November 12, 1991 at which time staff was directed to
look at redesigning the Youth Center parking lot and consider access from
Fifth Avenue or limiting access from L Street.
RECOMMENDATION: That the City Council accept staff's report and 1) rescind
Resolution #15591 which prohibited all on-street parking for the 400 block of
L Street and 2) not make any changes to the Youth Center parking lot; and 3)
prohibit on-street parking for a short distance adjacent to the Youth Center
driveway and the Casa Vianney condominiums in the 400 block of L Street.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their January
11, 1990 meeting, voted 6-0 to accept staff's recommendation to prohibit
on-street parking for the 400 block of L Street.
The City Council, on April 17, 1990, voted 3-0 to approve Resolution #15591
prohibiting parking on both sides of L Street between Fourth Avenue and Fifth
Avenue.
The Safety Commission, at their October 10, 1991 meeting, voted 6-1 confirming
their previous action of January 11, 1990 to prohibit on-street parking for
the 400 block of L Street.
At the November 12, 1991 meeting, the City Council directed staff to look at
redesigning the Youth Center parking lot and consider access from Fifth Avenue
or limiting access from L Street and to examine other alternatives.
l'1A-'
Page 2 Item \1 r\ ... '6
Meeting Date 3/10/92
DISCUSSION:
The Redevelopment Agency in conjunction with the Sweetwater Union High School
District has completed construction of a 17,000 sq. ft. youth community center
building on the north side of l Street between Fourth Avenue and Fifth
Avenue. Part of the development included a 73 stall parking lot. The
existing parking lot entrance is located on l Street and the exit is located
on Fifth Avenue. Since the November 12, 1992 City Council meeting, staff has
looked at many alternatives to resolve the Youth Center parking lot layout and
the request from area residents to retain on-street parking. Staff has also
looked at having all access to the Youth Center via Fifth Avenue. Staff has
looked at additional options such as, no parking, parking on one side,
midblock left turns, raised medians, painted medians, and reversing the
direction of vehicular flow for the Youth Center parking lot. Staff is trying
to balance safety, access to the Youth Center and on-street parking.
Staff has prepared the following alternatives to address concerns raised by
the City Council and area residents:
NO CHANGES TO l STREET STRIPING AND NO CHANGES TO YOUTH CENTER
PARKING lOT
Keeping the existing striping on the 400 block of l Street would
retain on-street parking on both the north and south curblines.
The Youth Center driveway on l Street would remain an entrance only
with traffic moving in the westbound direction through the Youth
Center parking lot. loading and unloading of vehicles will be on
the right side of the bus, adjacent to the loading/unloading zone.
The existing exit driveway on Fifth Avenue would require no
modifications to accommodate the right turns made by the 40 foot
buses.
The disbenefit to this alternative is that it would not do anything
to reduce the rear end accidents on l Street caused by motorists
waiting to make a left turn from the number 1 lane. Without the
addition of the two-way left turn lane, the number of eastbound rear
end accidents is expected to increase. The accident period of
January 1, 1988 through December 4, 1991 shows that there were seven
reported traffic accidents for the 400 block of l Street. Five of
the seven reported accidents were rear end accidents (two westbound,
three eastbound). The other two accidents involved vehicles in the
number 2 lane hitting parked vehicles (one westbound, one eastbound).
NO CHANGES TO l STREET AND REVERSE FLOW IN YOUTH CENTER PARKING lOT
No changes would be made to the existing striping on the 400 block
of l St reeL
'1 A - 2.
Page 3 Item \\ A +~
Meeting Date 3/10/92
Using Fifth Avenue as the entrance for the Youth Center would
reverse the vehicular flow direction. The traffic flow would now be
in the eastbound direction through the parking lot. Left turns out
of the parking lot could be prohibited. The loading and unloading
of school buses would be on the parking lot aisle side and not on
the sidewalk area. Children exiting in the traffic lane and
crossing in front of the bus is a safety concern. The School
District and staff do not recommend reversing the flow through the
parking lot especially since all schools are designed for right side
loading and unloading. Also, since the parking lot is already
striped for westbound direction traffic flow, to remove and reverse
the parking lot striping would cost approximately $2,000. Further,
additional construction costs would be incurred to widen the
driveway and modify the parking lot entrance to regain the spaces
lost near this driveway. The cost to complete those required
modifications is estimated at $8,000.
Staff met with representatives of the Sweetwater Union High School
District to discuss these potential modifications. The Sweetwater
representative felt that there would probably be no problem
obtaining some additional right-of-way for driveway modifications,
but that approval would have to be obtained from their Board. The
SUHSD representative, however, was strongly opposed to reversing the
flow of the parking lot because of the safety aspects of children
getting off the bus on the traffic side. Since this situation would
also occur when parents drop off their children, staff also does not
recommend this alternative.
TWO-WAY LEFT TURN LANE ON 400 BLOCK OF L STREET
Modify the street striping to allow for the installation of a 10 ft.
wide two-way left turn lane in the center of L Street. With this
proposed striping, there would be 12 ft. number one lanes and 15 ft.
number two (curbline) lanes. On-street parking cannot be
accommodated with this alternative. Buses making left or right
turns to enter the Youth Center parking lot from L Street do not
have any problems negotiating the L Street driveway and entrance.
The advantage of this alternative is that the number of rear end
accidents would decrease and through traffic would not be affected
by vehicles waiting to make left turns across opposing traffic.
Therefore, congestion and delays would be kept to a minimum while
safety is enhanced. The disadvantage with this alternative is that
all of the on-street parking (62 spaces) will be eliminated. The
City Council on April 17, 1990, voted 3-0 to approve Resolution No.
15591 prohibiting parking on both sides of L Street to allow for the
addition of a two-way left turn lane.
'1A'"
Page 4 Item \\1\ ~~
Meeting Date 3/10/92
TWO FOOT RAISED ASPHALT MEDIAN ON 400 BLOCK OF L STREET - ENTRANCE
TO PARKING LOT ON L STREET
This alternative would construct a two foot raised asphalt median in
the middle of L Street leaving 12 ft. wide number one lanes and 19
ft. wide number two lanes. This allows for on-street parking, but
will leave curb lanes narrower. If L\Street is used as the entrance
to the Youth Center, westbound buses on L Street can make the right
turn to enter the Youth Center with the westbound #2 lane as narrow
as 14 feet. Therefore, no modifications would be required to the
Youth Center parking lot.
A two foot raised asphalt median along the center of L Street would
deny midblock left turns to all motorists on the 400 block of L
Street. This alternative encourages out of direction travel. L
Street is too narrow to allow for U-turns at Fourth Avenue and Fifth
Avenue. Residents of the 400 block of L Street would only have
right turn in/right turn out access to their property via eastbound
L Street. Conversely, the Youth Center's parking lot would only be
accessible in the westbound direction. At the previous Council
hearing on this item, residents of the area appeared to indicate
that this would be an acceptable situation for them in order to
retain their on-street parking. The SUHSD representative indicated
that this alternative would present no problems for them.
The cost for a two foot raised asphalt median is estimated at
$10,000 in addition to the striping changes. If the City Council
chooses to retain on-street parking and add the asphalt median,
funds would have to be appropriated. This alternative would retain
on-street parking and reduce rear end accidents.
An option for this alternative is to modify the striping to provide
a solid two foot painted median instead of a raised median. While
it would be illegal for traffic to cross this painted median, it has
been well documented by staff that some drivers will violate this
type of prohibition. Illegal left turns would be made by motorists
using the Youth Center and the Chula Vista Church of Christ and
elementary school parking lots located at the west end of this
block. Therefore, staff does not recommend the painted median and
believes the additional cost of the raised median is worthwhile in
preventing accidents. These striping changes would cost
approximately $3,000.
City Council has mentioned in their last discussion on L Street the
possibility of a chain link fence in the middle of the raised median.
Staff feels a 6 foot high chain link fence is unnecessary, too expensive
and would not be aesthetically pleasing, especially in front of the new
Youth Center and the residential homes on L Street. A chain link fence
would require that the median be at least four feet wide and may still
present a traffic hazard at the ends of the fence. The cost for this
project is estimated at $30,000. In addition, the SUHSD representative
'1A-*
Page 5 Item \\ ~...~
Meeting Date 3/10/92
indicated that, in his observation since the opening of the parking lot,
parents are no longer parking on the street for the soccer games on the
weekend.
The installation of a 4 ft. wide raised asphalt median would still
require a striping change to the lane lines on L Street but would retain
on-street parking. All travel lanes would be 11 feet wide with 8 foot
parking lanes along each curbline.
ACCESS TO YOUTH CENTER PARKING LOT VIA FIFTH AVENUE
Staff has also considered the request from the City Council to have
both ingress and egress to the Youth Center off of Fifth Avenue.
With this alternative, an access road would be required across the
southerly portion of the Chula Vista High School field. This
alternative would not require any changes to the Youth Center
parking lot. The existing striping on L Street would remain.
Staff is not recommending this alternative for the following reasons:
1. The requested access would be 800 feet long and require an
additional driveway on Fifth Avenue as well as a 12 foot wide
(minimum) roadway which would meander around the existing trees,
baseball backstop and the rear of the Youth Center building.
2. The existing chainlink fence along the north side of the parking
lot will require relocation to the north of the proposed access
road. The fence will encroach into the south baseball field.
3. Traffic will be redirected around the entire perimeter of the
building.
4. An irrigation control box and sprinkler system would have to be
relocated away from this access road.
5. Estimated costs are expected to be at least $30,000.
6. An additional 10,000 to 14,000 square feet of right-of-way would
be required from SUHSD. The District staff has expressed a
concern about giving further right-of-way of this magnitude.
MIDBLOCK TWO-WAY LEFT TURN LANE
Staff has also looked into providing a short midblock two-way left
turn lane. The two-way left turn lane would be 10 feet wide,
centered on the centerline. The proposed striping would provide for
a 45-foot long two-way left turn lane for the Youth Center parking
lot entrance while retaining most of the on-street parking. Of the
existing 62 on-street parking spaces, 22 parking spaces would be
lost with this alternative. On-street parking would be prohibited
in the midblock area, where this additional lane would be added.
. I,A".5
..
Page 6 Item \ \ f\ ....:8
Meeting Date 3/10/92
There are 38 existing parking spaces along the north curbline of L
Street. With this alternative, 15 north curbline parking spaces
would be lost in the vicinity of the Youth Center driveway, leaving
23 on-street parking spaces (12 west and 11 east of driveway).
Along the south curbline, there are 24 existing parking spaces.
with this alternative, 7 parking spaces would be lost opposite the
Youth Center parking lot. The four parking spaces in front of the
Casa Vianney apartments would be part of these 7 parking spaces
lost. Of the remaining 17 parking spaces along the south curbline,
12 will be located in front of the Church of Christ and Southwestern
Christian School, at the west end of this block. The remaining 5
parking spaces would be located east of the Cas a Vianney driveway in
front of the single family residences. Total on-street parking with
this alternative is 40 spaces.
MIDBLOCK TWO-WAY LEFT TURN LANE NORTH OF CENTERLINE
This alternative shifts the 45-foot long, 10-foot wide two-way left
turn lane so that is entirely on the north half of the roadway.
Therefore, the entire south half of the roadway would stay intact
thus leaving the 24 parking spaces along the south curb line. The
12 foot wide eastbound number 1 lane and the 20 foot wide eastbound
number 2 lane would also remain as existing. Both westbound lanes
would be 11 feet wide in the vicinity of the two-way left turn lane.
The longer transition lengths to the roadway striping would remove
27 out of the 38 parking spaces along the north curbline. These
remaining 11 parking spaces would consist of 6 west and 5 east of
the Youth Center driveway. Total on-street parking with this
alternative is 35 spaces.
Staff is not recommending this alternative due to the abrupt changes
in alignment on the north half of the roadway and the larger number
of parking spaces lost. Both westbound lanes would be 11 feet wide
adjacent to the two-way left turn lane. Staff does not recommend 11
foot wide travel lanes adjacent to curblines. Westbound buses in
the number 2 curb lane would have difficulty making the right turn
into the parking lot with this lane less than 14 feet wide. Larger
vehicles and bicycles would have a difficult time sharing an II-foot
wide lane.
MIDBLOCK TWO-LEFT TURN LANE SOUTH OF CENTERLINE
This alternative shifts the 45-foot long, IO-foot wide two-way left
turn lane so that it is entirely on the south half of the roadway.
Therefore, the entire north half of the roadway would stay intact,
thus leaving the 38 parking spaces along the north curbline. The
12-foot wide westbound number 1 lane and the 20-foot wide westbound
number 2 lane would also remain as existing. Both eastbound lanes
would be 11 feet wide in the vicinity of the two-way left turn lane.
"A -!.
Page 7 Item \\i\rB
Meeting Date 3/10/92
The longer transition lengths to the roadway striping would remove
13 out of the 24 parking spaces along the south curbline. The 11
remaining parking spaces would be split with 6 at the west end and 5
at the east end of the block. There would be no on-street parking
in front of the Casa Vianney apartments and adjoining single family
residences located midblock. Total on-street parking with this
alternative is 49 spaces (38 north side, 11 south side).
Staff is not recommending this alternative since the roadway
striping for this block would force eastbound traffic to transition
4 times to meander around the existing left turn lanes at the
signalized intersections and the midblock left turn lanes. In
addition, both eastbound lanes would be 11 feet wide adjacent to the
two-way left turn lane. Eastbound vehicles may have difficulty
attempting right turns into narrow driveways along the south
curbline.
CONCLUSION:
Staff has examined the number of alternative solutions with the objective of
providing enhanced traffic safety for the new Youth Center. The objectives of
providing a left-turn pocket without reducing parking is not achievable
because of the limited width of L Street. Some of the alternatives examined
would require modifications to the Youth Center parking lot. These
alternatives are not recommended because of the impacts such modifications and
costs would have on the adjoining ballfields.
After considering the hardships created by removal of parking and the safety
benefits derived from a left-turn lane for the Youth Center Parking Lot, staff
has reconsidered their previous recommendation for total parking removal and a
continuous left-turn lane and has concluded that a short left-turn pocket to
serve only the Youth Center would be sufficient. This mid-block two-way left
turn lane alternative would reduce the amount of parking removed from a total
of 62 spaces to only 22 spaces. In other words, 40 spaces will remain
available on both sides of L Street.
The second preferred alternative of a raised 4-foot wide median would retain
all the 62 spaces but would prohibit left turns. This alternative would
require users of the properties in the block and the Youth Center to travel
out of direction and around the block to access the properties. It would not
be possible to make U-turns at the intersection of Fourth Avenue or Fifth
Avenue because of the restricted width of L Street.
FISCAL IMPACT: If staff's recommendation is adopted, the striping changes
will cost $3,000. Funds are available for this alternative.
WPC 5861E/JO-043
Attachments:
Area plats and Alternatives (8)
City Council Minutes dated 11/12/91 & 4/17/90 """'-..~, r S AIJN Ef)
Safety Commission Minutes dated 10/10/91 & 1/11/90~"O e
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20 PARKING SPACES
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Date 1-1-92.
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, 111.00 BLOeK "Lit STREET
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18 PARKING SPACES
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Minutes
.November 12, 1991
Page 8
f/A
Mayor Pro Tem Moore declined and asked that .omeone else volunteer and on tho.e occasions when that
person could not attend a function, he would try to fill in for them.
MSC (MaIcoImIMoore) to appoint r.....n...'_ Shirley Gruser Horton to _ as liaison on the
iubcommittee. Approved ~1 wiIh Mayor Nader absenL
RESOwnON 16414 OFFERED BY COUNau.t\N IUNDONE, ruding of the tat _ waived, passed and
approved ~1 with Mayor Nader absenL
20. RES0lJ1T10N 16415 ~lmG REPORT ON 1liE C1Y OF 0fULA VISTA tmIJTY
UNDERGROUND CONVERSION PROGRAM ($TAros SUMMARY) AND APPROVING REVISED UST OF
PROPOSED tmIJTY UNDERGROUND CONVERSION PROJECI'S . On 9/17191, the City Council accepted
.taff's report on the Utility Underground Conversion for Fifth Avenue between "1.. and Naples Streets. At
the same meeting, Council directed staff to prepare a status .ummary report on the entire Utility
Underll'ound Conversion Proll'am (UUCP) and specifically address the issue of undergrounding utilities in
conjunction with the reconstruction of Fifth Avenue between Naples Street and Orange Avenue. Staff
recommends approval of the res,olulion. (Director of Public Works)
Councilman Rindone stated he would have to abstain due to a conflict of interest because of the location
of his current residence.
Mayor Pro Tem Moore said the item would be continued until 11/19191 because of a lack of quorum due
to the absence of Mayor Nader and Councilman Malcolm (arrived at 7:00 p.m.).
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RESOLunON 16415 OFFERED BY COUNCLMAN MALCOLM. reading of the tm _ waived, passed and
approved 3-0-1.1 with Mayor Nader absent and Councilman Rindone abstaining.
.21.A. REPORT ON PARKING PROHIBmON FOR 1liE 400 BI.OC( OF "1.. STREET. On 4/17190,
the City Council approved a resolution prohibiting parking' on the 400 block of "1.. Street. Staff received a
letter requesting that parking not be prohibited on this block. Staff recommends City Council reaffIrm their
position of 4/17190 and approve the resolution. (Director of Public Works) 415th'. 1I'Ote required.
B. RESOLunON 16416 APPROPRlA11NG$2,700FROMGENERALFUNDFORS'I1UPINGCiANGES
Councilwoman Grasser Horton stated that the item .hould be continued until 11/19191 because it required
a 4/5th's vote.
Councilman Rindone noted that several people were present who wanted to speak. Rather than have them
come back, he thought they should be allowed to speak that evening. Input could be reviewed and direction
given to staff.
Judith Sullivan, 162 Mankato St., Chula Vista, CA 91910, .tated .he owned property at 440"1.. SL, Unit B,
Chula Vista, CA. She .aid none of the people living on "1.. Street between 4th and 5th had reque.ted the
parking prohibition, although .taff said they had received a letter. She al.o .aid they were not notified until
the day of the vote. The Safety Commission had said that parking on one .ide of the street would encourage
jaywalking, but .he did not think anything could be done to prevent jaywalking and that jaywalking was
a problem allover the City.
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Minutes
November 12, 1991
Page 9
Chuck Schrader 440 'L' St., Unit I, Chula Vista, CA., spoke in opposition to staff recommendation. In a copy
of minutes he had from the' Safety Commission meeting of 11111190, he quoted Ms. Buchan as sa)ing . on
thar parking lot is not over utilized.' And, 'k a maner of fact, not a lot of cars park there even when the
iields are being used.' He presented Council \\ith an anicle from a newspaper dated 11/6/91 which stared
that 7,000 people anended the lasr Chula Vista High'School game and he asked Council to read the artide.
He also presented Council with a lener he had received from the Chllla Vista Police Department which stared
that in a 6 month period, out of 195 jaywalking citations given out, none were given out on 'L' Street.
Councilltlan Rindone asked if parking on one side of the street wollld be an acceptable compromise.
Mr. Schrader stated that parking on the north side was bener than no parking at all. Howe\'er. L'lere could
be a problem \\ith mail delivety and trash pick-up if parking was only allowed on the north side. He said
he'd want to be sure there were no parking restrictions if parking Were allowed only on one side of the
street.
Councilma: \!a!colm stated ir seemed the parking issue was being dri\'en by the youth facility and he had
a problem ..::th lening that facility dictate. The apartments/condos were not built with toda)'s off.street
parking sta.dards so on.street parking was essential for the people living there. He suggesred Council refer
the item k...: to staff, directing them to negotiate \\ith the school district to come up with an access point
at 5th Aw~."e.
Carolyn Wheatley, 440 'L' Street, <11M, Chula Vista, CA, spoke in opposition of staff recommendation. She
stated that parking was needed. She presented Council with pictures showing a number of\'ehides parked
on the street and in lots.
Charles Craig, 416 'L' Street, Chula Vista, C' also representing Mrs. Lorraine Lakes, 416 1/2 'L' Street,
Chula Vista, CA, spoke in opposition of staff re..ommendation. He stated that he and his wife run businesses
from their home. He said that when he parks his trUck in the driveway. it blocks Mrs. Lakes drivewa)'. He
pre~ented Council with a picture showing his truck parked in the driveway. He usuall)' parks his truck in
front of their house .and their car on the street. If parking were prohibited, he'd have to either sell his
business or their car. He asked Council to please help them keep the srandard of Ih'ing they had when they
bought there.
Mayor Pro Tem Moore said that in looking at both sides of the street. he thought the north side would be
bener to lea\'e open. He confinned thar there was a problem with jaywalking. A painted cross walk had
been put in, but there was still a lot of jaywalking. He stated that broadening streets helped to eliminate
accidents.
Councilman Riridone said that the traffic on 'L' Street moved faster and was more dangerous t1lan on 'F'
Street. He thought jaywalking would increase with the youth center and that the number one issue was
Safely for residents and potential users. He'd support parking on both sides only if there was a fencing of
some sort, similar to what was on Beyer Blvd. across from Monrgomery High School. If not, then he'd only
vote for parking on the north side. He said he was leaning toward referring the item back to staff.
Councilman Malcolm stated he was against the fencing. He thought the parking lot should be redesigned
and the present exit widened. He felt parking was needed on both sides of the street.
Hal Rosenberg, City Traffic Engineer. explained that to put a fence down the center of the roadway, an
island would have TO be inSTalled which would prevent left turns.
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Minutes
November 12, 1991
Page 10
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MSC (MaIcolm/Gruser Horton) to refer badt to staff to work with the Khool district to reclesign the parldng
Jot with KCess at Sth. Approved 4-0-1 with Mayor Nader absent.
Mayor Pro Tem Moore announced that when the item was again put on the agenda, the speaken would be
notified.
BOARD AND COMMISSION RECOMMENDAll0NS
None submitted.
nEMS PIn ,,,n FROM 11iE CONSENT ("--""NDAR
None.
OlliER BUSINESS
22. an MANAGER'S REPORTrSl
RESOLtmON 16417 SUPPORllNG 11iE EXI'ENSION OP PERMITS POR 11iE SAN MARCOS
LANDFILL . This resolution urges various boards to permit continued operation of the San Marcos
landfill. Staff recommends approval of the resolution. (City Manager)
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City Manager Goss stated a letter, signed by Councilman Leonard Moore, Councilwoman Judy McCarty from
the City of San Diego, and Jack Doyle, Mayor of Santee, was submitted to the Mayan and City
Councilmembers of all the dties in the County. They were asked to present the issues in that letter to their
respective City Councils. One of those issues was supporting the efforts to get permits for the vertical
extension of the San Marcos landfill and Resolution 16417 would accomplish that in terms of Council's
overall support.
Mayor Pro Tem Moore stated he had spoken quite strongly on that and instead of wasting time on a number
of other things that might be overtaken by events, their time and talent should go into working with the
local and State Water Quality Control Boards. They have the authority to get variances to ensure that the
landfill does not dose and thath continues to be expanded.
RESOLtmON 16417 OFFERED BY MAYOR PRO n:M MOORE, reading of the tat was waivecI, passed md
approved 4-0-1 with Mayor Nader absent.
City Manager Goss said there were going to be a nwnber of meetings. Some dates had been set as to when
the item would be appearing before the local Water Quality Control Board md when it would be appearing
before the state Integrated Waste M8Dagement Board. Political presence will be requested at several of the
meetings. He. stated he was satisfied that the County was expediting those meetings. The fint meeting was
scheduled for December 6 and there would probably be another meeting right before Christmas. There will
be a staff member at those meetings and, hopefully, an elected member of the City Council.
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23. MAYOR'S REPORTCSl . None
17A, ;J/)
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Safety Comml..1on Minlltll
~r10,1891 I
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Mr. fII\'Ire IIld Nt 1hI aehooI uftty pnroI II too fir aWlV frDm 1hIlnllrllctIon to IllOnItor MICfIClI Cent.r
.' DrI\'I. Thellw NtllNt achooI crouWllkI mUll be painted ydow IncI wtd\In eoo fNt of the 1c:tIoo1. SincI
MedIcal Center DrI\'1 II more than 100 flit aWlV frDm the actIOoI, thI CfOIIWlIk IIlUIt be ....1ItId whitt and,
.men, thI IChooI uftty pnroI could I'IOt monitor It. Mr. Rivlre thin pointed out to 1hI CommIulon Nt
there II I whitt Cl'OIIWlIk at an untOl.U ~"d IntIrtICtIon on IroIcIWlV In ChuII ViItI and within I two yelr
perIod,1hIrt Wire two fataIItIu.. "
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7. ..8ftft.... Paffrlna ttrDhlbltlDft ~r &00 hleek ef -L. .tNl1
Frank IUvIrIllld Nt In JlnuelY 1110, the SIfatv ComrnIuIon WOIId to prohibit or...brit parting for 1hI400
llIoekof -L- Streit 1I.r.qulrem.nt for1hl futurtYouth Cent.r. The City CouncIl on AprIl 17, 1IIOappro\'ld
RtloIutlon 15591 to prohibit parking on 1hI400 block of -L- Streit. IubHQutnt to 1hIlIlIatIno, 1hI atrIplng
....d.d to provld. for I two WlV 11ft turn IIn.. ThIs would I!low IIIV leeell for 1111bound traffic to 1hI
Youth Cemer Ind would I'IOt ceu.. traffic: to back up on -L - bill whIIt motoriI1I tried to antIr 1hI Youth
Center. Wutbound vehlelel would be IbI. to ""rge Into 1hI two WlV turn line Ind antIr 1hI1lngl. flmIIv
_Idlnell.
Frank R1\'1re had rec.ntlv rec.IYld reQUlItS, hoWl\'lr, to .1I0w for 10m. parking on -L - Strait. Since Council
,Irlldv IpproY.d the p.rklng prohibition, lUff f.1t It necelll,y to return thlllt.m to 1hI S.ftty Commlulon.
'tiff rec.l\'Id . Iett.r from Mr. Chari.. Schrld.r, Prllld.nt of the Cui VlannlV HomeoWftlre Auoc:IatIona
whIch II located .t 440 -L - Strllt. The reQu,st propos.d parking on 1hI 10uth lid. of -L- Strlll Ind no
parking on thl north sidl. Stiff did not Wlnt to ching. the recommendltlon that WlS .pprovad by thl Saf.ty
Commission .nd City Counc:i1ln 1990. The trlffic: vellum.. on -L- Itrelt will continue to 1ncrI..1 Ind most
of 1hI raIId.ntl In the Ir.. hlYI Ide QUit. off..trelt parking. Th. probl.m with 1hI Call Vlannev
condominiums Is that th.rl Is no ~uelt plrklng avlllable,
Mr. ROII.rg laid -L - Itrllt II . 64' wide and dlllgntt.d II a Class' coIItc:tor atreIt In 1hI Generel....n.
ThIs type of road Is In old 'tlnd,rd that II no longer IPplied. Blcause -L- ItreIt II c1tllgntted II a four"'ne
roadwIV with a left turn proYislon, the onlv WlV to Iccomplish the proYlslon II to'remo\'l parking on both
lid... It II possible to re'ltrlpl the rOld with plrklng onlv on one lid. and ltill M\'I a left turn line. How.var,
. down lid. of the IIt.mltly. II that the lanl nlllt to tha curb would be narrow .nd 1hIre would not be .
'bufflr or ahouldlr .r.. betwlln tha ,Idlwllk and thl traffic: IIn.. The llcond probl.m with tha .It.mttlva
II that thlr. would not ba Inv room for bicyclistl. Thl lanl adj'C:lnt to Chull Vlstl High School, cenl a high
IllMnber of IIlcyclistl. A third probl.m II Nt1hl II,. .djlcent to 1hI1ChooI would be narrow Ind pr..entl
'. problem for motor!ltl Ilowlng down to turn Into the Youth Qnter. The rnotorItt would ha\'l to atop Ind
fDrct III cera behind 1hIm ~ atop, .. turning right IdjaClnt to I curtl II difficult.
ChaIr ..din ukId If parking was to belllmlnattd on the IntIrt IlIock.
Mr. Rosenberg uld the p1ln WlI to aIImInatt parking on 1hI antIra IlIoCk. Staff n c IflllCleuneS1lona to b.p
the parldng In front of the Call YIInn.v condomlnlurna, but this wouldn't be prectlcal beceuse trlffic: would
be tra\'llllnD through a titrpantlne alignment on -L- 1trHt. AnOther aItIrnatI\'I would be for 1hI property
ewntrI to wIcIen 1hI road on 1hI1OlIth 1Idt. .
Chair iridin IIld Nt I problem could occur If .1NCk parbd ..XC to thI narrow lane of 1rIffIc.
Mr. fllYIrt uld that -L- Itrllt II 1 d..lgntttd truck fOut., II II Fourth Avenut.
Chair Iradtn IIld that to her recollection when this lalue was brought up Iatt year, 110 OM .tlMCl.d the Safety
Commlulon IIlIItlng l\'In though 1hIV Wire notIflld.
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Safety tommIaaIon Minutel
October 10. 1891
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I Commlulvllr ChIdutIr aaktd If It would IIIN1llr to wIeIln -I.- S1rMt to thI nonh, nthIr thin to thllOUIh.
Iactl clrlvlWlY on the IOuth would hlYI to III moYld blcIc, whlfIII. thI nontIlldl flu few Intarruptlona Ind
II .........df uncJlr CONtNCIIon. He eIIo aaktd If" ...IIIdIWIIk IIonQ thllICIl1h IIdI of -L"I1rMt.
.
Mr. fIIvIrI IIld that 1hIrI1I IIIdIWlIk on thI nonh 1IdI. .
lit. .....r; IIld -I.- I1rHt could III wlciln.d to thI nonh, IIut thI achooI cIII1rIct flu ......d conclm
.a.out thI lmount of pmperry that would III raqulrad for I wlcllnlng. Alto. tIIIlnwIIeIIona of -I.- Shlt Ind
FourIh end FIf1h AYIIIUII would not milch If thI 8trIIt ... wIdIllId to till nontI. .
Comr'nlvllr ChIdutIr IIld that ...34 -I.- 81rHt. "'" thI curlllI peIntIcI fief end thI.... "'" II not end
-..lIId to IInow why.
Frank "'VItI Illd Wt OYlr numlrOUI Y"". ItaH hll raaponctld to cftJzen fICllIIlll to -rad tip" *'YlWlyaln
thI 1fII. IICIUII thlll '1IldlnclI Ifl nalr thl CfIult Villi High footban field. whIclII would crowd
clrIYIWlya during IVlntl which would not "low ICCIU to thI ruldtncu.
CommIallOlllr Chidlatlr Illd his ObJlction to ra",ovlng thI pertdng ... that I pet'IOft IhouIcI IIII110WICI to perk
I car In front of thlir houlI.
"'r. Rollnbergllld thlt City atandlrdl do not glYl crldit for perlclng on thlltrHt. AI new dlYllop""ntI Ira
raqulrad to prOl/idl oH.wltt plrking luHicllnt for occupantl Ind villtorI.
Commlalloner MltlCl1 slid thl Youth Centlr will III uI,d from 7:00 I.m. . ':30 p.m. _ operatld prlmlrUy
by the Chull Viltl Boy. Ind Glrll Club. It will 1110 be Ulld by thl YMCA on weeklncla Ind II I drop.Jn clnter
for youths. Thl school diltrict will 1110 be utilizing the Centlr.
Co-Chllr Thorn.. liked Mr. ROllnberglf thera would be In OYlrflow for the Youth Centlr. PrIvIoully. therl
Wire 110 lpaC.. Ind when the Youth Centlr WlI built, 361p1C11 Wlra ramoYld. He aaktd whit the fonnult
WlI for hiving 74 plrking IpIC...
Mr. Rotlnberg Itld '" could not InlWlr thI qlllltlon, IIIC1uaa the ....nnlng Departrntnt UtI thlatandlrd..
HI Itld he WII lid to believe that the perlclng WII luHicllnt for thlllzl of thI feclllty.
to-CfIIlr ThOmll Itld If the Oft-Itrtet perlclng WI' ramoYld. NllcItntI on thllOUIh IkIe of -I.-StraIt might
.. thI Youth Centlr perlcl"glot Ind crOll mid-block.
CorMrMty. Mr. ROllnblr; IIld, If perlclng II Inowed on till ~ IIdI of -I.- S1rwt, UIII'I of thI Youth
c:.nur mlllht perk on "I." SVltt Ind CI'OII mJcI.block to thI youth c:entlr. .
.
Chair "'den IIkld If thI youth Center would hlYlIVIntI open to till public.
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ComrIt,IOftIr Matacll IIld . the current Soya . GIrIa Club tYlntI Ira open to till public. The Ioya . GlrIa
Club II In negotlltlona with the CIty'. Parkl . Rlcrutlon Departrntrit _ thI SWNtWlllr UnIon H1ah School
DiItrict to "ermlnethl types of .YlntI to III hlld It the Center.
Mr. Rollnberg Illd flI undlrltlnda thet thera II Iddltlonal parlclng on till CfIula VIItI HIgh School campUI
which provld.. OYlrflow perking. .'
Mr. RIVIl'IlIld thera II I linin perking lot nur thI gymnuJurn off Fourth Avenue _I lot on thllOUIh aIele
of"K"ShlL .
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Samy ComrnIaalon Minutll
October '0, 1891
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Com/IlIIIIOntr Pius uld an Iota avalllblt on 1hI campua .,. full cIurIn8 footbIlla ..mea and with 1hI
· ICIIIItNCtIon of thl Youth Center, 361P1C11 wtrelolt. He qutIIioned wherllIIOIOriI1I would part" In lvent
II toIno on It. ~ Youth Center and at 1hI atadi"",,
Mr,lUvtI'I uld mOtortau wouIcf ~ PIrIdno on 1hI per'.metar or.. adlooIlnc' "'InO FIfItl AVInUI, OK" Stra.t,
end aIde....ta. ~ .
M,. e.... .,.",.t/",. ~." -1-""".1 t:ltut. VI.,.. eA .,."
Mr. Sc:hrICIer relpond.d to "" atltemant made reg.rdlng ICtIqUltl notIcI by .1ioo1L", tNt notIcIa for Councn
lIlIItincla eremalledonTburldayforTuucllylllHtlnp.Aa.ruuIt.c1~ I'IOIIve notIcI for Council
lI1IItInga on tht clay of tht _tin".
.
Mr.1chrIcttr explained that tht prevloUI Board of Dil.~ of... Cell YIInney HomIownera A.aodation did
not "'I 1hIy could do anything about the removll of plrklng on oL 0 Strait. When III becama Preald.nt of the '
Board of Directors, h. Immadiat.ly began looking Into tht aItuatIon. Mr. Schrader was told by Frank Rlvara .
that tht atlndard for a two-way 11ft turn lane Ia , 0'. TraffIC Englntlrtn" alwaYl I'ICOlMlIndl tht w\cIast
poaalble lan'Slnd the wldut Ian. Is 12'. H...ld with fourlaneut 12' and a turn lane at 10',IUtill dOlln't
. add up 1064'. H. brought thla It.m to the City Council and was told that on thl oW Strait brldg. the lanel
are I' wlcIt, and If thu. lanel Ire 8' wid., th.n making lantl on "L 0 Strllt 11'lnatlld of 12' ahould not be
, problem. H. laid thlt two Ian.. could be1 " wide and two lanel12' and thIa would ItID allow for ad.qulll
IpIC. for on.atrtet Plrking. Mr. Schreder laid that wh.n "'re II a footblll glm. It the high lCflool, parking
Iota Ire full I. Ir. the lurrounding strHta, ind cerl hav. be.n lOw.d from the Cell Vlannty compl.x during
footblll "lm.l. He Ilid thillftUltion will only get worll and Ilkld that the CommIulon Illow parking on the
.outh lid. of the street 10 th.ir "U'lta can hav. . pIle. 10 Plrk. Mr. Schrader IIld that many homaowners
cama to the City Council meeting on October " 1891. Tlltl' horneownerl hava one car parked In thalr
driveway and on. on the Wilt. If parking II ramoved, "'a. homeowners will have to park around tht block
from th.1r hom...
t:.mlvrt Wh..tJ8V. UD -L. Str..f MM. Chul. \11.,.. eA .,."
MI. Wheatl.y point.d out thlt "L" Street will hav. to be ra-atrlptd whtthtr parking Is .nmlnated or not. Th.
lIualt plrklng II ne.d.d, m.rwllI, Call Vlanney lIutlll may have to park In the Youth Center, ThIll IIutlll
would thin croll mld.block caUllng . liability to the City. She II oppolld to cIoIlng the parking on the .outh
ald. of "L 0 Street.
ChaIr lracltn ukld Mr. RoI.nberg hit opinion of narrowlnll 1hI Iann to allow parking on one ald..
Mr: RoItnbt", g.ve thi cIIm.nllont of theitrllt If parking wara allowad. On tht aouth aIdt, thera would be
tht I' parking Ian.. 1hI next Ian. 12', the n.xt "', the center Iaft turn lane would be 10', 1hI naxt lant ,,'
thin thtlant agllnst tht north .lcIt 12'. Mr. RoIanbe", IIld hi cIOtl lICIt racomrnand a 12' Iant next to a
ald.walk beClUl. there would not be . buffer bItwa.n peclutrIans and wahldta. ThIa atr\pInD II currently on
.,. Strait betwe.n ThIrd and Fourth Awanutl.
Co-Chtlr ThomII ukld If thtra wtrI addItIontIllCluIrementI tinct thIa II a1NCk routt,
Mr.1Uvara IIld that ItIff dou not ""c.mmtnd any lint ....1fIan 12'In width for 1rUCkI.
,
Mr. flclItnbt", IIld ther. art 11' Ianelln tht City and cItId or Strait under 1-895 u an Plmpl.. H. Ia
Ulllware of .ny location In the City 1fIat hal I' Ian...
IAr. eA.".! St!It,.d.,. UD -L. ."..; .1. eltul. VI..,.. eA .'.'f
Mr. Schrader IIld hi hal be.n IlYlnll on oLo Strllt for IIx years and hII "'VIr Icnown Ia"" truc\cI to park on
-Lo Strait. He IIld truc:ka trlval the ~ut..do not park. . .
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a.fetv CornmIa.lon Minutll
Oetober 10.1891
P.gI 8
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. II,. liMN ""~6Ut"t1_ ~f" -L. .".., .A. eJtul. \11.,.. eA .,g"
. Mr. lI'iabury ~d why. 11ft ~ 11M WI' "'Ided. when ..veIIl"" ..It the only 11ft ~ thet could
........ WI' to ~ Into the Youth Center. TraVIIIlng WIlt, thIra .,. no IluIInuMI and . 11ft ~ IInl II
not nlcn,.'Y. Mr. Slh.bury..1d that the CoIMlIaIIon WII not t11100.'1na the tRIor of not hlv1n8 the 11ft
tIlI'IIlInI. . .
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Co-OlIlr 1homu u1d If thI CommIulon "owed pertdng on the aouth IIdI of -&'. ...... It wauId erlCOUI'IgI
IIlId lalack..tIno and jlywalldnlllnto thI Youth Cenur. .'
MSe ~) to epprovt iliff', raummendltlon .., praI\Illt ........~, .. the 400 llIock
of.&,. 'nIt. Approved ,., with CoIlllllAIIon.1r CfllclIItIr WOlIn, no.
Mr. IUvtrII told thI Iudllnce that thIa Item will III t8ntat1wly Ichedul.d for IICOI'ld CIty Counc:I1l1l1lt1nllln
NovImbtr. Only the CIty CouncI an rawral their c11c1alon of 1190. Mr.lUwra will notify thlludilncl.
ChIIr Ir.den told 1111 ludilnel1hlt they an IPPI.I to the CIty CouncIl. The Stflt\' CommIaaIon racommencl.
Ktlona, but It II CouncU thet .Ita policy.
"',. , eA."., S~",.d.,. UD -1- SIr..,.1 elluf. V/6t.. eA .,gf'
I"r.lctlracllr IIkld thl Comrnla.lon why thly votld to .Iimlne" perklnll.
CIIIIr iridin Aid It WI' I m.ttlr of IIflty.
Co-ChIlr TIlorna. Aid his vote WI' Plrtly baaed on 1111 mld.block cronlnll of pedlltrilne.
. Mr. Schradlr Aid 1II.t by1ll1 Commllllon'. racommend.tlon. thly would III rneklnll Ce.. VIInney lIullta w.lk
ICfOII -L - Streit or IIvlr.1 blockI. Molt 1111 fllldlnta .t Call Vlanney Irl Hnlor c:ItIz.na II Irl1ll1lr gUIltS.
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Co-ChIlr TIlomI. IIkld Mr. Schrldlr If thlra WlIIIUlIt perldnllln the CIII VIIM1Y compllx.
Mr. Schradlr Aid thlY do not haVI gUilt plrklnll. Ind hi dilcowrld 1hIt It would co.t .5.000 to put In two
perklnlllPlCII. Thl Cell VlaMlY compllx WII built In 1977 IIIforl 1IIIra WI' I minimum perklnll 'Plce
..qulrlNnt. Cell VlannlY has 1.8 p.rking .p.cel per unit which II A~lf.ctory for mldlnta, but not lIullta.
CIIIIr iridin told Mr. Schredlr that hi hid usld his Inottld 1ImI to ape.k to the ComrnIaalon. ShI'1IIIn
nlnforcld that the CornrnIaaIon', job WII to IvalUlte altuatlw on Aflty ancI.dviaad Mr.lctvldlr to go to
Counc:II, '.
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I. rir.! eefftfftJftlen10nl NOM.
I. R.tff TrIB .uDa.nltml
Mr,IVVII'IIIVI thI achIdull of tha School Safety Tpk Foret wIlIctI MUltI. thI School SIfIty Patrol. "
"" Commiaalontra Ira Inttflltld In IttIndinll1ll11 Tllk Foret. the,y ,hould contIct ItIff Ind Irranlllmlnta an
III madl io go with the Police Dlpl"",,", .nd EnlllftllMllltlff on In .wlultlon. Anotfltr auggeatlon would
III for thI ComrnIaaIOMrl to go with ltaff on I IpHd lurvey. ThIs would .nun 1IttI"" apeld counter.. uslnll
ndar luna, end poulbly IIIlnll "" Police DIp,"""nt Smart unit.
1111 ~Ion IlIflld that this woutd III their t11ld trip ancIlIt StturcllV, Nowmblr ,., 11.1 II thI dill
froni 1:00 ,.m..12:oo p.m. . """ ..
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~ 17.1990
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er-..n-.'1 Malcolm mtec! that IroIdwarIquJdel abou1d eddNa w!I)''''' ~ DOt Uep Ibdr cd of Ibe
klafzI wbtIllbe ary did, He _Y1d like IID"VI lienq ap1lJzltna wily dlq did IIOt p1Il iD wtlItftIr Ibe)'
"d -=lUtd lID IDd wb)' t)oo-~ Ibould ...w. Ibtlr C-...I..I"Il'
CIi.?" --~I ... Mc"'-A1w.... "I~ fll UfDa" fUWIc......... IDOU 1labt4loWl)'s md
6e1lltd lor dUD up.
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MI)'ar Cu cJarIfied .. IIa "t .. -.e Iw ..IDGU ...._... .. ... 'tellhd IIur dw Iblft
... IlptdaI 1tIId)' Wzla eoD4uCCtd Wb Ibt N "'m4atloJlJ .. iD ...,4..a.attl11. -..... He
WonD.d lb. CoIlncD dw Ibt epp1lcct WDlI1d .. .. II... lid SN90 aM wuld .. ammDabl.lor
Ibt snno 1Df-'<:"'- .
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IISC~).I I J...Iriar_-'-. . OA....,.........V . ,11Il119O.
40-,._...4 ~2 wida "'__-"__0.. MoorI.INIdc ...-. '. .
IISC (Co1/McClDlllia) . -=- lEaD.,... _ ... c- .... V I, II JfInQ. At-,._....s ~2
wIIb ClDuD..n.....loerI Moort/NIdIr aIn-'
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11. WBUC HEARJNG ~l1ON or PROHIIImON or ClN.mEET,.waNG POll. tHE
400 II. NY OF ",. mEET. The Swtttwater UDlon HiIh School DlItrict cd IbtWIYlloplllent A,:enC)'
... ~poslnl to bund I 17,000 14. fL Youth Cmter IIlId.blodt on"'" Stnet ~een Pori AftIlu. end
PiM Avenue In Ibe ChYle VJltI Miah School proptl't)'. Ita!' rw-"'~' that Colllldl: S. ~uct I public
1IwinI; 2. adopt I ruolution prohlbltinl on-l!rttt pazt!nl for Ibt 400 Wodt or ",. Itrttt; end J.
eppropriate $2,700 hili lb. General 'und lor lb. nquirtd IUiplnlend IiIn claanan. CPfrtctor or Public
Works)
aESOU1nON 15591 APPJlCMNG PROHI1ImON or ,AJlJaNG POR. tHE ~ II ncr OF ",.
mEET AND APPAOPJUAnHG 12,700 l'ROM niE UNAPPaoPJUA'IED GENEML fUNDS IAl.\NCE
1bfa hIDllbe tlIIIe end plaCt u adftniHd, Ibe pub1fc IlarfDa ... Wand DptD.
Hal Rotenbera. Tra!lic EnJlneer, mttd that cJurin& Ibe Safet)' c-...r.rioD IlarfDa dMn... DO opposition
lID Ibe ~ prohfbltion. The D&!Ihborbood ...1lW5tcI or Ibt ,1I11lilll ,.,tlDI prohibition.
Tbere Wna DO pub1fc aatlIIIOIl)',1be pub1fc IIurina ... Wand cIoetd.
~)'I1ON 155Pl 0F'n:IlED BY ~ MAlCOlN" r""" "'" __....... ,.-dlDd
~..._...4 ~2 wIda C-.--"--_o.. Moon/NMIIr ah-' .
CJMulaprGaa.... that die n1t1'1DCe IID~ 111mb" W'" '-11ttl1....ftI01ution.
J2. J'UBUC MEAJUNG 1'Cf. PO 07. ~nON II' "IHE atU1A Wl'A GROWTH
IWWIDoIENT ELEMENT.JtN AMENDMENT 10 '!HE GENERAL RoAN . an JNmADI).,.. Growth
Manlatlllent IIt111tnt It 'an I II aD awnD Gnowdl.MaDapmct I'npIm II ""Ii lID I Jhr.at a
CDIIIprehtllllve Jub1fc ,adIlti.. '.... IDd ,..-~.., "'v'" III!' n -f. .....,.....1 ., lIle
ftIOIutioll. (Dlnctor il'1InIllnJ)
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ucnumON 15592 RPR.CMNG I'Ch 9007 aJIPItOYING "IHE CItDW'lH ~1WU!N1'
m~. M.AMENDWNr 10 tHE GENDAL PLAN .
1Wa .., die dIIIt ID4 pllct . ..4...d44. 11M pubUc 1larfDa... ...., DptD.
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IESOLVTJON 10. lIstl
IESOLVTION OF' 1HE CITY COUNCIL elF 1HE CITY elF CHULA 'ISlA
MENDING SCHEDULE In OF' THE CHULA 'ISTA MUNICIPAL CODE SECTION
10.52.280 AND APPIOYIMG 'ROHIBITION OF 'ARKIMG FOR tHE 400 aLOCK
elF .~. STREET .
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'''! Ci~ Councn of tIl. Ci~ of thul. 'flU "OIa "relll naoh. la followa:
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IIKtRW. tilt SwteMt.I' Union lIigt! School Dhtrict ''',d the l.dIYllo~nt
Agencl .... 'l'Opoafng to 'ufld a " 000 aq. ft. fouth Centel' .fd-.loek on ....
Street ..tween Fourth Av.nuI and Fifth Av.nuI .11 tilt Chula filtt .f.h School
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VKEREAS. i" thl .nte...st of ,ublic aaf.v .nd in 9ftw of the 'l'Oposed
devllo~nt of . routh center and other dev.lopments ~thfn the Cfty of thul.
'fsU with theil' att.ndant traffic;' ..Uff nCDIIllenda the 'l'Ohfbition of
'arking on 1I0th lidea .of L St...et lIetween Fourth to Fifth Av.nu. to allow fol'
UIt c...ation of a continuoua 1.ft tum 1.ne. and . . . ~..
WHEREAS. the Safev Commiasfon .t fta ~anuar.r 11. ,..0 atetfn, voted '-0
to .ccept Itaff'l recommendation to 'l'Ohfbit on .t....t ,al'Un. for the 400
1I10ck of .... Street. 0
lOll. MRE'ORE. It IT RESOLVED that the CiV Counct1 of the Ci~ of Chu"
Yiata does hereby .pprove the ,rohfbitfon of ,al'kin. fol' the 400 block of .~.
Street.
IE IT FURTHER RESOLVED that Schedule In of Chu" Yhu Munfcfpal Code
Sectfon 10.52.280 i. .mended III .ddfn. .~..St...et 'egfnnin. at Foul'th Avenue
.nd endfng at Fifth Av.nue on both lides .a ,rohibited ,al"lting at .,1 ti.ea.
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....sented 111
Appl'Oved .a to fo,. III
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'ubl C WOl'ks
U. K~~~
'iV Attorn., .
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( PASSED. APPROVED. and ADOPTED b)' the Cfb' Council of the 'Cft,)' of Chula
. Ifltl, 'aUfornl., t1111 17th cII,1 of "Prn, USO .1 the followlnll yote:
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AYES: .
. Councfl-.b.rs: "'eol., IIcCandllll, Cox
lOtS : . Councn-.bers: Ion.
AaSElIT: Councfl-.blrs: IIoort, .ader
ABSTAIII: Councn.-blrs: Ion.
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ATTEST:
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STAlI elF CALIFORNIA
COUNTY elF SAN DIEGO
CITY elF CHULA VISTA
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IS.
J. '.v.rl, A. Authelet. City Cl.rk of the Clt,)' of Chula Vllta, California. do
Ilereb.)' c.rtff, that the foregoing Resolution 110. 15591 w.. dull ,used.
approved and adopted ., the Clt,)' Council of' the Clt,1 of Chula Vista.
CIllfornf.o .t.. regular ...tln; of ,aid CI~ Council ~eld on the 17th ~ of
April, ,.1 . . .".... .... . . ...__
EXleutfd tills 17th cII,1 of Aprn, UJO.
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SA~ eOMMYSSION MY~~
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~anu.rv 11a 1990
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Co=bsioner BraeSen askeeS wh.t were the number of
p.rkin; .pac.s that wou1eS ~. lost.
Kr. Itivera noteeS that pro!>ab1y .ix 'to eight parkin;
.paces would " lost.
Jlehran ..pehri .tat.eS that ~efore .taff 'Ioe. 'to City
COuncil they will noUfy 'the ~udne..e. ofthb are. to
let thUl know What we ar. doin;.
COJllJd.doner Jtoa.ter .tate4 'thatthb aight h.ve an
imp.ct on what we aight want 'to decide depending upon
wh.t they have to ..y.
!'he Chair r.que.t.eS any other co=ent..
o.
MOTION:
MSC (Waller/Braden) 1-1 in favor (Arnold a;.inst).
Commissioner Br.eSen r.questeeS th.t her approval of the
Minutes of the la.t .eetin;.
Chair .0 noteeS. '1'he approv.1 of 'the Minute. of =the
l.st .eetin; !>e chan;eeS to 5-0 (Br.eSen. a1.0 approveeS)
with 1 a!>stention (W.11er).
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~ Pro~osed vou~he@nter i~ ~h@ .00 ~lo~k ef WL" Rtr.et
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Ch.ir a.keeS for .t.ff'. report.
Fr.nk Itiv.r. .t.t.eS th.t Pam Buch.n, from the Community
Development Dep.rtment, w.s in 'the aueSience aneS
av.il.ble to answer any question. 'the COmmi.sion ..y
h.ve on the youth center. .
'1'here i. a youth center th.t i. propo.eeS to !>e ~ui1t on
the Chu1. Vi.t. Hi;h School are. .it. aneS it will ~e a
14 . 000 .qu.re foot center on .'the north .ide of -1."
Street, aid-!>lock ~etween Fifth Av.nu. and Fourth
AVenu~. Volume. on -1." Street ar. expecteeS 'to incr....
~ec.u.e of' 'the youth cent.r a. w.11 .. other
development. in the E..tern p.rt of the City of Chul.
Vista. Staff h.. 100keeS at 'th. accieSent. 'th.t h.ve
occurr.eS in this ~lock an4 have determineeS th.t ..nr of
the accieSent. which occurr.d could have ~.n prohi!> teeS
~yth. in.tallaUon of a bo-way 'turn pocket on the
c.nt.r,of -1." Str..t. Frank JtJ.vera, udn; 'View;raph.,
.howed 'th. COmmbdon 'the youth center .it.. !'he
ed.Ung drivew.y 10cateeS on "1." Street ju.t ...t of
Fifth Avenu. will.~. clo.e4 and r.locateeS on Fifth
Avenue ju.t north of "1." Str.et. !'he aeSeSiUon of a
two-w.y 'turn lane into th. youth center on -1." Street
will necessit.t. th. prohibition of .tr.et p.rkin; aneS
at thb 'ti.ae a~,} ~f th. Vehicl.. which do park on "1."
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SAnTY COMMISSION M!~S
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~.~U8rv 11. 19'0
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street are parking along ~e aouth aicSe, there are
aeveral apartment complexes, ain;le family dwellings
and a private achool located on the aouth aide of -Lft
Stre.t. 'Some of these buildings ~oward the west end of
~e street do bave larqe parking 10ta, ~owarcS the east
end many just bave'double driveway.. %n the interest
of public aafety and in view of the proposed youth
center development ataff 1. ncommanding t:hat the
Safety Commission recommend prohibiting atreet parkinq
along both aides of the 400 J:llock of -1.- Street.
Chair asked for quesUons of ataff.
Commissioner Arnold asked if t:he fire bydrant located
at the northeast corner of Fifth Avenue and -1.- Street
would bave to be moved.
Hr. Rivera atated that it would not bava to be moved.
The driveway could be moved further to the north.
Commissioner Arnold asked if the ainqle family home.
ancS apartments bava off-.treet parkinq. ' ,
Hr. Rivera re.poncSed ~hat the ainqle tamily 4wellinq.
have driveways, though there there are aom. parcels
that have more than one house on them and .0 parkinq
for them, at time., can be quite difficult--they would
have three to four car. in one driveway and aome of
them do utilize the on-street parkinq. Host of them do
not and on occasion there has pro~a~ly been a~out .even
or eight cars parked at niqht. ,Host of ,the people do
park off-street.
Commis.ioner Braden asked if the parkinq on both _ides
of the .treet would need to be eliminated.
Hr. Rivera atated that it would be for both aides
because the two-way turn pocket i_ 'proposed to be 10 to
12 feet wide and that we would bave to take the parkinq
off on both aides to eccommodate the n~.~ of ~ck.
that use that atreet .s it 1_ . desi;nated truck route
and we do bave . lot of traffic on that atr.et.
commissioner Braden askeeS if t:he r..idents .lonq t:hat
are. been notifi.eS.
Hr. Rivera atated that ataff noUfieeS everyboeSy-the
Chula Vista School District, all residents alonq the
aouth aide and everybody on all four aides of the
intersecUons.
Commissioner Arnold .sked if anyone was bere.
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SAnTY ~OMMISSYON KYNtn'TS
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Chainlan Deck.r atat.d that no on. ~roJD th. public vas
.t thi. ...ting.
commi..ion.r Arnold ..ked Who would be oper.ting th.
youth c.nt.r.
Pu Buchan a-.'.pond.d that at th. pr...nt, th. plan is
th.t th. Chula Vista High School District will utilize
part of th. ~acility during th. day and durin; the
aWDlller.. '1'h. City vill .ith.r participat. in operating
aom. activiti.. .nd V.t .1..... ~or oth.r t!a.. ao'v.
can V.t ~ull utili.ation of th. ~uilding, Or it vill
iu.t be th. City aneS th. School District vith no
1...... As ~ar .. operation, th. anaw.r to your
qu..tion 1. .o.t likely th. City and th. School
Di.trict aneS po..ibly . 1..... .. v.ll.
It vas ..k.d if the activiti.. of th. youth cant.r
would b. closeeS if .nd vh.n th. high achool has
activiti.. on th. ~i.ld..
Ms. Buchan atat.d that ataff has not .ad. that
provision. She furth.r atat.eS that ah. vouleS .not
.nvision that wouleS b. th. ca...
Commi.sion.r Brad.n atat.d th.r. v.. . lot of activity
on that field. '
Commissioner Arnold, vas conc.rn.eS about th. pr..ent
off..tr..t parking lot. .
M.. Buchan .tat.d that wh.n .h. ha. .tt.nd.eS functions
at the fieleS that th. parkin; lot that 1. ther. now
where th. youth c.nt.r parking lot vill be locat.d and
th. facility it.elf, that parking lot 1. not ov.r
utiliz.d. A. a matt.r of fact, not a lot o~ car. park
th.r. .v.n when th. li.leS. .r. baing u..eS. Ev.rybody
a..ms to park along -It" Stre.t. 'l'hat 1. full of
parki~g .
Commission.r ArnoleS atat.eS he 1. conc.rneeS primarily
vith night and/or aft.rnoon .ctiviti.. 1n th. atadium,
.. that parking .rea 1a h.avily useeS whan they .re .
having vue. or activities .t the ataeSiua, tract, .neS
ao forth. Se visheeS to know if the parting facilities
of the 10uth center vhen ther. 1a heavy traffic baing
parkeeS;.n that .rea.
Chainlan Decker vi.heeS to know what vill be the hour.
of operation for th~ youth center.
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SA?ETY eOMMYSSYON MYNUTES
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~a"uarv 11. 1090
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Ks. Buchan responded ~at ~ia haa 1iot been decided
until ataft ba. actually determined What the program.
are voin; to ~e. She stated that t.h1. 18 aOllethin;
that certainly ahould ~e t:aJcen into ClondderaUon
partic:ularly when a. football v..e i. voin; on, a. .h~
could aee ~e parkin; lot "in; over utilized. It
could" that when a football vame 18 voing on that the
youth center would not ~e operatin; fully "cau.e the
youth. would" at the football vame. '!'hat is not
voln; to ~e all the "ca.e., ~ut that certainly 18
aomethin; for ataff to take into consideration when we
prepare ~e activity li.t and achedulin;. We will be
doing that in conjunction with ~e School Di.trict ao
we will bave all the achedule. available. She hU.eve.
the School Dbtrict will " aensiUve to that very
question.
Commbdoner Braden a.ked what 1. the timin; for all
thi. construction.
Ms. Buchan atated it would commence a. quickly a. we
can do it. Accordin; to the tentative achedule,~e
atart of con.truction ahould be;in 1n aarly 1"1, and
it could be moved forward. Completion 1a axpected to
be within aeven to ei;ht month. after atart of
construction. At thi. point .taff i. atill 1n final
desl;n development. It i. not po..ible to be preci.e
about the .chedule when ataff 1. .till vorkin; with
construction drawings, however, Me. Buchan'a be.t
estimate i. that it would be around the fir.t part of
1"1. "
Comml.sioner Braden a.ked when 1. 1t planned to
eliminate the parkin;. If the construction 1. not due
to .ta~ for nearly e year, vhen doe. ataff plan to
prohibit the parkin; and why ia it hin; done now. X.
thi. not pre~ature?
Prank Rivera re.ponded, atatin; that th1e 1tem ha. to
be brought before the City Council and, in addition,
the ao.t efficient "way to remove the parkin; 1. voin;
to be to change the atdpin; an4 we would prefer to do'
it in the summer when there t. a chip aealin; pro;ram
1n effect and we can chip over the 014 .tdpin; in.tead
of aandbl..Un; and paint it at that time. So we would
~e 100Jc}n; at remov1n; the parkin; aometime in the late
aummer at the aarlie.t~
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commi.sioner Braden inquired about bow aany layer. of
Chip aeal do you put on before you finally quit. She
atated that cro.sin; aome atreeta i. iu.t about bottom.
out one'a car.
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MAILING LIST FOR "L" STREET
LABELS ON 4914E
Robert Acuna RESIDENT
Principal Chula Vista High School 448-B "L" Street
820 Fourth Avenue Chula Vista, CA 91911
Chu.la Vista, CA 91911
RESIDENT
Thomas Silva 454 "L" Street
Director of Planning Chula Vista, CA 91911
Administration Center
1130 Fifth Avenue RESIDENT
Chula Vista, CA 91911 456 "L" Street
Chula Vista, CA 91911
RESIDENT
904 Fourth Avenue RESIDENT
Chula Vista, CA 91911 458 "L" Street
Chula Vista, CA 91911
RES IDENT
410 "L" Street RESIDENT
Chula Vista, CA 91911 460 "L" Street
Chula Vista, CA 91911
RES IDENT
416 "L" Street RESIDENT
Chula Vista, CA 91911 . 464 "L" Street
Chula Vista, CA 91911
RESIDENT
416-1/2 "L" Street RESIDENT
Chula Vista, CA 91911 468 "L" Street
Chula Vista, CA 91911
RES IDENT
422 "L" Street RESIDENT
Chula Vista, CA 91911 470 "L" Street
Chula Vista, CA 91911
RESIDENT
426 "L" Street RESIDENT
Chul a Vista, CA 91911 482 "L" Street
Chula Vista, CA 91911
RESIDENT
428 "L" Street RESIDENT
Chula Vista, CA 91911 490 "L" Street
Chula Vista, CA 91911
RESIDENT
430 "L" Street RESIDENT
Chula Vista, CA 91911 448 "L" Street
Chula Vista, CA 91911
RESIDENT
440-H "L" Street RESIDENT
Chula Vista, CA 91911 440-H "L" Street
Chula Vista, CA 91911
RESIDENT
448-A "L" Street RESIDENT
Chula Vista, CA 91911 440-N "L" Street
Chula Vista, CA 91911
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WPC 4915E
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RESIDENT
440-0 "L" Street
Chula Vista, CA 91911
RESIDENT
440-P "L" Street
Chula Vista, CA 91911
RESIDENT
440-Q "L" Street
Chula Vista, CA 91911
MAILING LIST FOR "L" STREET
LABELS ON 4914E
RESIDENT
440-L "L" Street
Chula Vista, CA 91911
Cas a Vianney Homeowners Association
440-Y "L" Street
Chula Vista, CA 91911
RESIDENT
440-A "L" Street
Chula Vista, CA 91911
RESIDENT
440-B "L" Street
Chula Vista, CA 91911
RESIDENT
440-C "L" Street
Chula Vista, CA 91911
RESIDENT
440-0 "L" Street
Chula Vista, CA 91911
RESIDENT
440-E "L" Street
Chula Vista, CA 91911
RES IDENT
440-F "L" Street
Chula Vista, CA 91911
RESIDENT
440-G "L" Street
Chula Vista, CA 91911
RESIDENT
440-H "L" Street
Chula Vista, CA 91911
RESIDENT
440-K "L" Street
Chula Vista, CA 91911
WPC 4915E
~
17A " 33
nus PAGE BLANK
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RESOLUTION No._165 ~'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A NO PARKING ZONE ON
L STREET BETWEEN FOURTH AVENUE AND FIFTH
AVENUE IN THE VICINITY OF THE YOUTH CENTER
PARKING LOT DRIVEWAY AND THE CASA VIANNEY
CONDOMINIUMS AND RESCINDING RESOLUTION NO.
15591 WHICH PROHIBITED ON-STREET PARKING FOR
THE ENTIRE 400 BLOCK OF L STREET
WHEREAS, The city Council on April 17, 1990, voted 3-0 to
approve Resolution #15591 prohibiting parking on both sides of L
Street between Fourth Avenue and Fifth Avenue to allow for the
addition of a two-way left turn lane; and
WHEREAS, the Sweetwater Union High school District favors
the two-way left turn lane since vehicles and school buses will not
block the number one eastbound through lane while attempting to
make a left turn into the Youth Center parking lot; and
WHEREAS, subsequent to the City Council meeting of April
17, 1990, staff received a request from the homeowners to rescind
Resolution #15591 and retain on-street parking; and
WHEREAS, in response to the homeowners appeal, a public
hearing was conducted by the city council on November 12, 1991 at
which time staff was directed to look at redesigning the Youth
Center parking lot and consider access from Fifth Avenue or
limiting access from L Street.
WHEREAS, it is staff's recommendation that the city
Council accept staff's report and 1) rescind Resolution #15591
which prohibited all on-street parking for the 400 block of L
Street and 2) not make any changes to the Youth Center parking lot;
and 3) prohibit on-street parking for a short distance adjacent to
the Youth Center driveway and the Casa Vianney condominiums in the
400 block of L Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby establish a no parking zone on
L Street between Fourth Avenue and Fifth Avenue in the vicinity of
the Youth Center parking lot driveway and the Casa Vianney
Condominiums and rescinds and repeals Resolution N . 15591 which
prohibited on-street parking for the entire 400 blo6 of L Street.
/'
~~ved ",/to
/~~ JA(
'Bruce M. Boogaard
Presented by
John P. Lippitt, Director of
Public Works
y Attorney
C:\RS\L 8t no parking
11e -,
COUNCIL AGENDA STATEMENT
Item
(z..
ITEM TITLE:
Meeting Date 3/10/92
Reso 1 ut ion Il.. ~ ~ t (1) Loweri ng the speed 1 i mit
for the 100 block of E Street from 35 MPH to 30 MPH; and (2)
authorizing the installation of a painted traffic median
between Second Avenue and the 100 block of Minot Avenue
SUBMITTED BY:
REVIEWED BY:
Director of Public
City Manager~
workf
(4/51:tis Vote: Yes_No_)
Council Referral #2524
The resurfacing of E Street, between First Avenue and Fifth Avenue, provided
staff the opportunity to evaluate several proposed stri pi ng changes with the
purpose of enhancing traffic safety in this area. On January 21, 1992, the
City Council approved the prohibition of parking along the north side of E
Street between Third Avenue and Second Avenue to allow for the installation of
a two-way left turn lane. The City Council directed staff to come back with
addi t i onal traffi c i nformat i on and a lternat i ve sol ut ions on E Street between
Second Avenue and First Avenue.
RECOMMENDATION: That the City Council adopt the resolution to: (1) lower
the speed limit for the 100 block of E Street from 35 MPH to 30 MPH, and (2)
authorize the installation of a painted median island prohibiting left turns
between Second Avenue and Minot Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: At the Safety Commission meeting on
September 12, 1991, the Safety Commission voted 5-1-1 to approve staff's
recommendation to install a two-way left turn lane on E Street between First
Avenue and Thi rd Avenue. At the Town Centre Project Area Commi ttee (TCPAC)
meet i ng of October 3, 1991, the TCPAC Committee voted 7 -0 to concur with
staff's recommendation.
At the City Council meeting on October 25, 1991, the City Council recommended
that staff come back with a report to provide additional traffic information
and analysis.
On January 21, 1992, the City Council approved staff's recommendation to
install a two-way left-turn lane on the 200 block of E Street and directed
staff to return with additional information and analysis for the section
between Second Avenue and First Avenue.
DISCUSSION:
E Street between First Avenue and Second Avenue (the 100 block) is a 64 foot
wide east/west Class I Collector with two lanes in each direction. Opposing
traffic is separated by painted solid double yellow centerline striping.
Parking is allowed along both sides of the street, except near the
intersections of First Avenue and Second Avenue where parking is prohibited to
a 11 ow room for the 1 eft turn 1 ane. The speed 1 imi t on E Street is posted at
35 miles per hour.
\8-\
Page 2, Item I:L
Meeting Date 3/10/92
The average daily traffic (ADT) count on E Street between First Avenue and
Second Avenue is presently around 18,000 vehicles per day. Prior to the
opening of State Route 54 in December of 1990, the ADT on E Street was 22,040.
E Street has a pronounced depression (sag vertical curve) in the block between
Minot Avenue and Second Avenue. This vertical curve creates a large
depression which has an elevation change of 6 feet over its 300 foot length.
The depth of the vert i ca 1 curve coupled with the abrupt change in e 1 evat ion
affects motorists' view of roadway conditions ahead.
During a four-year period, January 1, 1988 through December 31, 1991, there
were 10 reported accidents on E Street between Second Avenue and Minot Avenue
where the sag in the roadway is located. Of the 10 reported accidents, 7 were
rear-end type. Six of the seven rear end accidents involved eastbound
vehicles.
When the continuous two-way 1 eft turn 1 ane proposal requi ri ng the removal of
parking on the north side of E Street between First and Third Avenues was
presented to the Council on October 25,1991, residents living on E Street
between Second Avenue and Fi rst Avenue expressed object i on because of the
hardships caused by the loss of parking in front of their residences. They
indicated that while they would prefer to leave the street unchanged, a
left-turn prohibition would be favored over the loss of on-street parking.
In vi ew of the pronounced depress i on on E Street between Second Avenue and
Minot Avenue and it's accident history involving left turning vehicles, staff
believes that two steps need to be taken.
The first is to lower the speed limit from 35 mph to 30 mph between First
Avenue and Second Avenue. As indicated in a previous staff report, radar
speed surveys conducted show that the 85th percentile speed is 39 mph between
First and Third Avenues. This survey, under normal road conditions, would
support the existing posted speed limit of 35 mph. However, in this
situat i on, there are the extenuat i ng ci rcumstances in the form of the short
stoppi ng sight di stance due to the two short vert i ca 1 curves and depress i on.
These conditions create a traffic situation that is not readily apparent to
motorists and adequately justifies the reduction of the speed 1 imit from 35
mph. to 30 mph.
The second step staff is recommending is that left turns be prohibited in this
section by the installation of a narrow, four foot wide painted median between
Second Avenue and Minot Avenue. The painted median will consist of two
parallel sets of solid double yellow lines. It is illegal, under the vehicle
code/ for traffic to make left turns across this median and drivers performing
that maneuver would be subject to a citation. The striping of the section of
E Street east of Mi not Avenue to Fi rst Avenue woul d remain as it is now: a
single double yellow. This will allow the single family residents in that
section to retain their on street parking and direct access to their
properties from either direction.
1 B -I'-
Page 3. Item (2.
Meeting Date 3/10/92
Si nce the width of E Street between Fi rst and Second Avenues is not wide
enough to permit motorists to make U-turns at the intersections. The
inabil ity to make U-turns and left turns in this section of E Street will
cause motorists who previously were able to turn left into or out of the
adjacent properties to drive out of direction around the block to complete or
begin their trip. Thus these motorists will have to seek an alternative route
to gain access to/from their residences. The most likely streets to be
affected are Fi rst Avenue and Second Avenue between E and F Streets and F
Street between First and Second Avenues. All three of these streets are class
II collectors on the City's General Plan.
There are 35 units in condos on the south side of E street and 25 units in the
apartments on the north side, plus approximately 15 additional single family
residences that will be affected by the left turn prohibition. It is
estimated that these units generate approximately 570 trips per day. Of these
total trips, the maximum number of trips that would be diverted to get access
in or out of their driveways is one-half, or 285 trips per day. More likely,
this number will be less than that because of trips for deliveries that will
continue in the same direction or advance planning by the residents to not
require a left turn to access their residences.
Attached is an exhibit showing the traffic volumes on these streets. As
indicated on that map, the current ADT on Second Avenue south of E Street is
2,740 vehicles per day. The maximum additional traffic of 285 vehicles will
only increase this to approximately 3,025 ADT. Likewise, First Avenue will
increase to approximately 6865 vehicles per day and F Street to 7,995. All of
these volumes are well within the acceptable design volume of 12,000 vehicles
per day for class II collectors. This volume on Second Avenue is also less
than the 5,260 ADT on this same section prior to the opening of Rt. 54.
While staff believes this second step recommendation will alleviate the safety
probl em, there is one other a lternat i ve that wi 11 all evi ate the probl em, but
wi 11 allow 1 eft turn access the adjacent propert i es. Thi s a lternat i ve is to
establ ish a "no parking" zone on the north side of E Street between Second
Avenue and Mi not Avenue to allow for the i nsta 11 at i on of a cont i nuous 1 eft
turn lane (see attached Exhibit). This alternative, which was staff's
original recommendation, would require the removal of approximately 15 parking
spaces on the north side of E Street and only between Minot and Second
Avenue. This alternative would not affect the single family residents to the
east of Minot Avenue who were the individuals most concerned with the loss of
parking. The proposed continuous left turn lane would provide a refuge area
for motori sts turni ng 1 eft into the pro pert i es on either the south or the
north side of E Street. The continuous left turn lane will allow motorists to
stop without bl ocki ng thru traffi c on E Street, thus reduci ng the ri sk of
rear-end type accidents that now is occurring. In addition to the
installation of a continuous left turn lane it is further recommended that the
speed 1 imit be reduced from 35 mph, to 30 mph between Second Avenue and First
Avenue. It is not proposed that the continuous turn lane be installed between
Minot Avenue and First Avenue. In this block the striping will remain, thus,
the left turns and on-street parking will be allowed as today.
~ 9 ...3
Page 4, Item I L
Meeting Date 3/10/92
In the event either of these options is not acceptable, staff recommends that
only the speed limit reduction be affected and that the striping be
implemented as it was prior to the resurfacing of E Street, that staff study
the situation after Rt 54 is opened to and from 1-5 to the south and be
instructed to return with further information if the safety problem persists.
Under this alternative, this section of E Street would be striped only with a
double yellow center line; left turns would be permitted and on street parking
would remain. Staff does not believe, however, that much improvement would be
made to the accident situation.
FISCAL IMPACT: Not applicable.
FXR/KY-157, KY-158
WPC 5891E
Attachments: Area Plat
E Street Striping Plan
Minutes Safety Commission dated 9-12-91
Minutes Town Centre Project Area
Committee dated 10-3-91
Traffic Count Information
18..1f
RESOLUTION NO. IlI'? ~ ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LOWERING THE SPEED LIMIT FOR THE
100 BLOCK OF E STREET FROM 35 MPH TO 30 MPH;
AND AUTHORIZING THE INSTALLATION OF A PAINTED
TRAFFIC MEDIAN BETWEEN SECOND AVENUE AND THE
100 BLOCK OF MINOT AVENUE
WHEREAS, the resurfacing of E Street, between First
Avenue and Fifth Avenue, provided staff the opportunity to evaluate
several proposed striping changes with the purpose of enhancing
traffic safety in this area; and
WHEREAS, on January 21, 1992, the City Council approved
the prohibition of parking along the north side of E Street between
Third Avenue and Second Avenue to allow for the installation of a
two-way left turn lane; and
WHEREAS, the Council directed staff to come back with
additional traffic information and alternative solution on E Street
between Second Avenue and First Avenue; and
WHEREAS, at its September 12, 1991 meeting, the Safety
Commission voted 5-1-1 to approve staff's recommendation to install
a two-way left turn lane on E Street between First Avenue and Third
Avenue; and
WHEREAS, at the Town Centre Project Area
(TCPAC) meeting of October 3, 1991, the TCPAC Committee
to concur with staff's recommendation; and
Committee
voted 7-0
WHEREAS, at it meeting of October 25, 1991, Council
recommended that staff come back within 60 days with a report to
provide additional traffic information and analysis; and
WHEREAS, on January 21, 1992, the city Council approved
staff's recommendation to install a two-way left-turn lane on the
200 block of E Street and directed staff to return with additional
information and analysis for the section between Second Avenue and
First Avenue; and
WHEREAS, in view of the pronounced depression on E Street
between Second Avenue and Minot Avenue and its accident history
involving left turning vehicles, staff believes that two steps need
to be taken: (1) lower the speed limit from 35 mph to 30 mph
between First Avenue and Second Avenue and (2) that left turns be
prohibited in this section by the installation of a narrow, four
foot wide painted median between Second Avenue and Minot Avenue.
1
18,,&
NOW, THEREFORE, the City Council of the City of Chula
vista does hereby find, resolve, determine and order as follows:
1. The City Council of the City of Chula vista does
hereby find that radar speed surveys conducted show that the 85th
percentile is 39 mph between First and Third Avenues on E street,
which, except in the presence of extenuating circumstances, would
support the existing posted speed limit of 35 mphj however, in this
situation, extenuating circumstances exist in the form of the short
stopping sight distance due to two short vertical curves and
depression.
2. That the extenuating circumstances do hereby create
a traffic problem which is not readily apparent to motorists and
adequately justifies the reduction of the speed limit from 35 mph
to 30 mph.
3. The City Council of the City of Chula vista does
hereby establish the speed limit for the 100 block of E street
between First and Third Avenues at 30 mph, constituting a reduction
of 5 mph from the existing posted speed limit, and authorizes the
City Manager or his designee to install the appropriate speed limit
signs thereupon.
4. The City Manager or his designee is also authorized
to install the painted traffic median between Second Avenue and the
100 block of Minot Avenue in the manner indicated in the Council
Agenda Statement dated March 10, 1992 lating the subject
matter of this resolution.
Presented by
ved t
ney
John P. Lippitt, Director of
Public Works
C:\rs\E St lower speed
2
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Northside - 23 Spaces
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.I. M. W..
2/4/92
'"I I'It lr. 'OlIO SPf\C.E~
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Title:
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PIPTR FOURTH
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1991
1990
1989
1988
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NOTE:
17880 18410 18470. 17560 21580
N.C. 20050 N.C. 22040 N.C.
22780 N.C. 26230 N.C. 24510
N.C. . N.C. N.C. N.C. N.C.
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N.C. 20790 N.C. 21260 19320
18780 20320 21680 18640 18470
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19320 19730 21530 19620 18100
SR-54 PHASE I OPENED OR 11, 1990
,
NO COUNTS TAKEN 1984, 1985, AND 196,
Drawn By:
M. A.
Title:
. -
"E!' STREET- TRAFFIC COUNTS
Date: 1-8-82
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Title:
VOLUME X 1000
3/6/92
AREA TRJ)FFIC VOLUMES
Date:
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SAFETY COMMISSION
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PIle 2
DDtOrists who live ClO the liele ~,.,.A such u TwIn 0IIks CIrcle, AlpiDrJNinot, Del Mar
_ Clutch Avenues, wbc:re when _.,...~ dle:ir left tunI across uwvQna traffic ~
. '
IIICk ap ~lIt"~ tbem. 'l1lere IIave been a ....'- of Jar IDd acellJ-ts on ~" Street.
Prom 1988 110 die an Ie"'t, tIlere IIavC keD 90 ..~Ilod acd"~1S IID4 38", or 34
ICCidcnts, M:I'C' nar eo4 accidents. 'Ibis is dle type of ICcid~t which could be
e1imirWed with the Iddition or the left tunI Jane. A left tunllane would allow IIIOlorists
to pull out of dle mainslrcam flow pf traffic. . S1aff Ioobd at the possibility of Itripin& .
Ibis IIreet with a COIltmuous left tunllaDe and amllll";,,, puti.D& ClO both Iides, but it
.cannot accommNial...... This II .iue to the width of the street. 11Ic aat I11rmative was
to remove puti.D& on one mde. The DOJ1h side, which is DOt u heavily ued u dle lOuth
.Ilde in parm&, was dle bctIc:r c:boice to make ill ..1I",h,fti",the puti.D&. .toe"tJy, -E"
Street was resurfaced by the Sweetwater Authority who was worldJi& ClO a ~or water
. line project. Tbere are aemporary IIWbrs ClO the IIreet DOW ..~-" or Ibe Itripin&.
Commissioner ('!tldestcr ubcI if ~ traffic count was done before or after the openin&
or State Route 54. }dr. Rivera aid that the traffic count was CODduc:ted after the opcnin&
of SR-54. ~ere were approximately 20,000 - 22,000 YdUcles before SR-S4 opened and
IlOW there are between 17,000 and 21,000 YdUcles daily depe:ndin& on which part of"E"
Street one is loo1dn& at. Counts have dec:reased between 1~15".
}dr. Rosenberg indicated that staff' _~ts the traffic on~" Street to pow even with
the openin& of SR-54. '!bere are IOme development proposals in the Bayfront and
Woodlawn areas that will &ene:rate additional traffic. III enll..l", years, traffic is '""'J-ted
to come back to previous volumes. '!be esti"'.t..... 1rIffic is ill dle ranae of 25,000 -
30,000 cars per day. '!be &oa! of Ilaff'. recommendation is to make the road safer and
ICCOmmodate more cars. An example of tbia 1tripin& plan is on -P" Street between
'!hird and Fourth Avenues where parkin& is nmoved on one side.
lIurpll] Stumpf, 111 -Be bit, CI",'" l'iA1a. Cot '1910
}dr. Stumpf aid that since SR-S4 Opened, traffic was down on ~" Street and
IOUthbound 1-5 from SR-S4 is DOt even open,a. Mr. Stumpf felt the City was tryin&
to tranSform ~" Street into another freeway. Be aid ~" Street was a midl'!fttjal street
aDd IlIUested the City wait for the IOQtbbound 1-5 con-1m to be completed 10 people
. ClOUld learn traffic paItCmI and .. the treawa)'l ill,,",,"" of ~" Street. .
.
Lara Gnuullllllur, Jll "Be ""'", 011'" lia1Q, Cot '1910 .
141. Qraudustius ClOIIduc:ted .. 0Ml nsearch IiDce * ncelved 1IIJf'. Jeaer. She
pthe:red data on bow many cars parked OIl the DOItb and IOUth lilies. 1'IIe ~ority of
an M:I'C parbd ill front of the ~u10" 0arda1 AputmeDts ad the .m~"loed
apartments between Second aDd TbirclAvenues. She ~d Cbe:re is adequate par~g in
Ibe Mission Garden pmtin& lot to ~,{iO"""""'.'"' an the an Ibat wen on the atreet. Sbe
ClOII1d find DO n:ason why anybody Ihou1d be parking on the IOI1tb siele of the street
ClUtside the Mission Garden A.partIDa1ts. From First A\IIIIut to Ieco"" A\IIIIue, there
M:I'C two cars parked ill front of nsidential bout" ClO Ibe IOUth lieSe, ad ClO the IIOr1h
aide there were six to el&ht cars parked ill front of ,-l"-tial houIes.
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IAIETY COMMISSION
September 12, 1991 Minutes PIle 3
Ms. Otauds1ius', boule lias a red cmb in fraIIt of it ......... of a bus 1Iop. 'I1Ic duplex .
.m door to IIcr lias a red cmb for a few feet. 10 IIcr family, pests, aDd IeMce people
wIIo c:ome to IIcr IIome park in front of die duplex DCXt 10 1Icr. Ms. QPa....c1IUS felt that
Ibe:re bad to be a way ... which boIh rwidents aDd lIIOIorla c:ould be wimle:rs.
1Wlllam DdMm", 1tuI4,1Il1l"'f<<I" of..,IIz . '''$ .. ..." CfaulG "*' CG
11910
Mr. Elinkhamc:r nad a Iettc:r of ..........,Ation to ataft', J'eCO'I'I-".rion from Mr. Steve
'Jbo'-., Brobr/OwDer of SeI' pt~. See ..t....."........t .
.
l'rDMu Gu,., U9 JWIa Qzb O1dI, au'" ftSfa, Ol '1910
When Mrs. Guest first inquired about Cbe 1CripiDa, she didn't -.t-l First to Second
A\'CII\IC$ to be involved. She Dew die IIreet was JOinIto be IaUI'f&ced and wrote.
Jetter to the En,mecrina Department neardin& adding . left turn lane. Mrs. Guest
aplained to the Commission the trouble that motorists who Jive OIl Twin Oaks Circle
IIave in turning left out OIl to .E- Street u well u trying to turn left across "E- Street
when retumin,g to Twir. Oalr.s Circle. '!be timing or the lights make It difficult to ...rely
enter traffic. .
Commissioner Chidester asked bow many parkin& places are currently OIl the Dorth side.
Staff indicated there are approximately 17 to 19 parking ata11s betwCCII First and 1bird
Avenues. Since the stalls are not marbcl, the ll\IIDbtr varies by the way cars are parbcl.
On the south side, there are approTim.t~ly 2S to 30 llplI~s.
Chair Braden asked If' the parking OIl the DOJ'tb side was ~imi".t"", was there an
alternate place for motorists to park. Mr. JUvaa llid that they COII1d add .........I.-tely
six more parking spaces On the south side. Chair Braden askedif' the affected residents
bad their own driveway and Mr. Rivera aid that most _datts bad their own
driveways. ,
Commissioner Malacia asked Sgt. ,,""."fer bow many ICCidents are DOt reported. Sgt.
"".~'er aid that was a difficult question to answer. If IIlllCeicJeftt occurs and the
motorists involved do DOt desire . report aDd there II minor "'~ge, It II DOt reported.
Be feels more accidents have ~ed than are reflected in die ,..,ridics. Mr. Rivera
aid that of Cbe reported acc:i~ts, 213 weft iqjmy accidents.
.
CnmmlHiONl' Lt....,.;. aid the iIVUJY/~"-t rate WI~"'d that ~i'lll e r ~'"" to
lie done.
,
MSC (MaIac:la1Koester) to aecept 1tafI".1'I(._....-c1atlOD for. adcDtloD ora two-
..,left tanllaDe OD .. Street betweeD JI'Int aDd 'I1dn1 AftDIIeS. ApojNv.ec! ~1~
1 with c.-n1mODer Ch'''"''''u ~atID& DO aDd C-'-'cmer nUD" abs'.'ft''\I.
Clair Braden iDfu....ed the 111)'41_ Ibal this Item willp to the City Council an4 that
tbe Safety Comml.cion', clecision CIJl be appeI1ed there,lfthey wish. '!'be cltizens will . I
lie DOtified by staff wbe:D this Item will be OIl the Colmcil apnda. Clair Btada1 pled
~lions1 V-t.i"i time to the fo1lowID& people. /:? ~ / ~
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8Al'All' OOMMISSlON
IepIember 12,1991 Minutes
Pa&e 4
1M", Orrlll'"r'lllrl, JII -Jr- 1itrI." Otllrcr JkD, Cot '1'10
~. Qraudllllius WIDted ID bow where are die ~~ts _...4. Wae tbey It VUlt
AWIlue aDd WJi" Street or all--" AWIlue aDd -E" Street'1 She was DOt aware of any
ICCldents al Pirst AWIlue IDd -E" Street but ClIl.1y al SecoM AWIlue IDd -E" S1reet. - She
1Ddic:aled tIlIt ~"-~ IiviD& 011 Twill om or DcJ Mar Iaave aD ~ IVlde usin&
ep" Street ID pt ID Ibe:ir Iaomes. '!'be ."-~ 011 -E" Street do DOt Iaave a1t.emale
1IlUt.es. Mr. IUvaa .....i....'1Io/4 Iba1 dIcre Iaave beezI acdc.'~ts It every III1d-bJock location .
IJId every irde:lleCCiOll alq Ibe way. 1'bere Iaave beezI aIx It Pint AWIlue and "E"
~ IUIce 19&8 where tbcrc Is . left turD poeht At Iecocl" A~ue IIl4 "E" Street
Ibae "ve beezI 36 toel~ts aDd 1bere Is . kft turD JlCX'1rooJ ~ Ibal m"-'-&n also.
'JIIc:re !lave keD 41 ......itiooll11CCf~~ II ~ [ ...dlll when tbcrc Is DOt . )eft turD Jane.
lltueer Qu''', J6,..,. Qzb arcz., O"''''JkD, Cot '1'10
Nrs. Guest Wanted to point out Iba1 dIcre -were DO mlltMts from bctwCCll ~ and
'Jbird AWIluel on -E" Street to protest. 1m. Guest tdt tbe 00""""';00 Ihould place
tile Jcf\ turD Jane Itripin& between Secood aDd 'lbird and I;-lIS Ibe Jest or -E" Street
11 . later date.
Commissioner Pitts requested . brakcfown or accident Joc:a1ions. Mr. IUvaa reported
the followin& statistics: .
I) First Avenue A -E" Street - 6 accidents
2) Second Avenue A -E" Street - 36
3) Between First Avenue A Alpine/Minot Avenue - 4
4) . Between AlpinelMinot Avenue A Minot Avenue - 2
5) Between Minot Avenue A Secocld Avenue - 10
6) Between Second Avenue A Twin Oaks Avenue -1
7) Between Twin Oaks Avenue" DeI Mar Avenue. 4
I) Between DeI Mar Avenue A Church Avenue - 5
') Between ChIlJ'Ch Avenue" 'lbird Avenue. 5
It was pointed out Iballbe distance between blocks Is WI)' Ibort. It Is 1,320 ft between
-.jor Itreets aDd Ibat would aWnie out 10 "'WI" ..'....~1y 400 betf<:cn III1d bJock MreeU.
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OJlAL COMMVNICA'I'IONS
.Nrt SmIth, 1'" .. NIIP'ln ClPurt 1282, a.,.'",l'Iam, CA '1'11
Mr. Smith Is Ibe -l&!'''.o''''ood wa!dl captain tar JIiJ .. acf .... At" I --ti",
......."""'.'..1y 2do IaWlts of die SwIbow V"J11a ~t Complu. "I'be oomp1ex is
_1M 011 East Naples Court wbidlls . cut de Ir(, laSt of UlIo/4ical Caller Drive.
Mr. Smith wanted to address die poblem or lpeedln& aDd tn.ffic ClODuol 011 Medical
Center Drive. Chilltrcn in die &III cross Medical Calter Drive from die apartment to
East Naples Street, wIlere ICbool bides p1ct tbem ap. Both .'r--f.IJ)' IDd lli&b lCbool
.Klents 1ft p1e'-" ap in tills &III. 'I'Aftic atudy ~H~J wen "'Wn"'-~Y 41mph :
ktloCCll 2:30 . 3:00 p.m. . "I'be .,.s iDcraIed III 44 mph from 3:00 . 3:25 p.m. and
alJo Ibowcd a 15" iDc:reue in traffic dc:Dsity. nis is die time Ibat c:bDdraIlre crossin&
/ S' ~ / 7 ..-.,
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Minutes of the ~own Centre Project Area Committee
October 3. 1991
, Page 2
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responded that the guarantee was not to the person who would be
hired; but. to the Downtown Business Association to a.sure them
that the ~undinq is available ~or three. years. ~be Downtown
Business Association would then decide upon a term ~or the
individual selected.
,
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.&. Sut\!s of Downtown lIumlnation Improvements
Community Development Specialist Miguel ~apia informed the
Committee that the Redevelopment Aqency reviewed the Downtown
illumination project on September 24. and approved the resolution
to appropriate $36.000 ~or the installation. of six liqhts on
~hird Avenue between E and F streets. He explained that the next
step would be to request Engineerinq Department to prepare the
desiqn drawings and request bids for the installation of the
lights. He indicated that timinq is very critical at this. point.
therefore, every effnrt is being made to begin this project as
soon as possible so as nut ~c interfere with the holiday shoppinq
season.
Kember Ohlau commented that he felt that the City could have
brought the final bid much sooner and that the project could have
been well on its way by now.
PARKING BUSINESS
6.. Potentllll "mova' of parking meters on 200 block of E Street
Frank Rivera, Associate ~affic Engineer, explained the reason
for the proposed removal of the .eters on the north aide of E
Street. Staff is proposinq the removal of three ..ters on the .
north side of E street as well as a .eter 10cated on the south
side between Church Avenue and Del Mar ~or the... purpose. of
installing a two-way 1eft turn 1ane. %t is staff's opinion that
this would reduce the number of rear end accidents and also
contribute to the .ore efficient flow of traffic on E .street.
~he 10ss of the parkinq .eters .would not adversely affect the
businesses on the north side of the street aince they currently
have off-street parkinq.
. .
Member Mason asked if the business owners had been contacted and
what their response was. . Frank Rivera stated that the plumbing
store and the other businesses on the street as well as the
residents had been contacted. 50 comments were received from any
of the businesses in favor or aqainst the removal of .aeters.
HO\llever. the residents on ~in Oaks Circle (north of E street)
/'ff~/ '6
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Hinutes of the Town Centre Project Area Committee
october 3, 1991
. Page 3
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responded in ravor of the bo-vay 'turn lanes. "!'he residents
between First and. Second Avenue were split 50/50.
Parking Operations Officer, Bob Baker, aentioned that the loss of
revenue from those meters would be ins~gnificant.
Vice Chairman Peter commented that he had 'talked 'to the owner of
the plumbing store who indicated he was in favor of staff's
recommendation.
Msue (Ohlau/Blakely) 'to approve staff's recommendation for the
removal of three parking meters on the north side of E Street in
front of the plumbing store and an additional parking aeter on
the south side of of E Street.
7. CHAIRMAN'S COMMENTS: None.
8. MEMBERS' COMMENTS:
Member Altbaum informed the Committee that the Downtown Business
Association had recently been contacted by the Jaycees and
informed the DBA that they were considering having their Fiesta
de la Luna parade on Third Avenue instead of Fourth Avenue. He
went on to state that yesterday the DBA had been informed by the
Jaycees that they are going before the City Council with a
request for a street closure in order to have the parade on Third
Avenue in about two weeks. Member Altbaum expressed his concern
that the Jaycees are going forth with their plans 'to have the
parade on Third Avenue on a Saturday. He stated that when the
Downtown Business Association held the fair in August they were
reluctant 'to hold the rair on a Saturday so as ~ot 'to
inconvenience aerchants. He reels that the Jaycees have 'not
given enough ~otice 'to aerchants with regard 'to street closure on
a Saturday.
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Discussion rollowed on the procedure ror processing a reqUest ror
street closure. The Committee asked staff 'to look at the
existing ordinance for the procedure 'to request a street closure.
8. STAFF COMMENTS:
.
Ms. Rogers distributed aore written communication concerning the
Scripps Hospital expansion 'to the Committee aembers. She
explained that Mr. Solomone, attorney for Wayne Wencke, stated in
a letter 'to Chairman Hyde that he had never received a notice for
the Town Centre Project Area Committee aeeting of September 5 and
tha~ Mr. Wen eke received it a day late. He further stated that
th~aeeting was illegally noticed and, therefore, should be held
/'7>);
Minutes (CITY COUNCIL)
January 21, 1992
Page 14
\..
the clean air act alternative fuel vehicles. What was being developed was a particular trap for diesel engines
and the traps would significantly cut down on the emission from diesel engines. The longer term answer
would be as we those vehicles were replaced over the next few years, the City would be getting cleaner
burning vehicles.
Mayor Nader asked if the new route schedules Council approved the previous year had been posted around
the City and if those schedules were up-to-date.
Mr. Gustafson answered yes, staff had distributed that schedule and modifications were made throughout
the year to keep the schedules up-to-date. There were a number of outlets where the schedules were
distributed and were also posted at selected bus stops.
20. RESOLlTI10N 16383 AUIHORIZING TIlE INSTALLATION OF A PAINTED TRAFFIC MEDIAN ON
"E' Sl'REETBElWEEN FIRST AVENUE AND SECOND AVENUE; AND, ESTABUSHlNG ANO PARKING ZONE
ALONG 1HE NORlli SIDE OF "E" S"ffiEET BElWEEN SECOND AVENUE AND 1liIRD AVENUE _ Area
residents have requested the installation of a two-way left turn lane on the 200 block of 'E' Street to improve
traffic flow and safety. Since 'E" Street was recently overlaid, staff would like to make striping changes to
the 100 and 200 blocks of "E' Street. Staff recommends approval of the resolution. (Director of Public
Works)
Cliff Swanson, Deputy Director of Public Works, said there was one minor correction to the staff report, the
second recommendation where it read 'prohibiting left turns between First Avenue and the 100 block of
Minot" should read 'between Second Avenue and the 100 block of Minot" and that was consistent with item
# 5 on page 3 and the summary.
~
Councilman Moore asked if there were any objections to what staff was recommending to Council as to
prohibiting parking.
Mr. Swanson answered not that staff knew of.
Barbara Ogel, 266 Second Avenue, Chula Vista, CA 91910, stated that as long as left turns were allowed on
First and Second she was satisfied.
Eunice D. Thrower, 227 Alpine Avenue, Chula Vista, CA 91910, stated that the letter she received said
'painting a median island prohibiting left turns between First Avenue and the 100 block' and they were in
the 200 block which meant they would not be able to turn left. But now they learned that they could still
turn left.
Thomas J. Wood, 279 Alpine Avenue, Chula Vista, CA 91910, stated he too had received a letter and now
learned that what was in the letter had been changed. He wanted to know why they had received the wrong
information.
Mayor Nader asked if the letter sent to residents was included in the council packets.
Mr. Swanson answered no, that the letter sent to residents probably repeated the recommendation as seen
on the agenda statement. He stated that it should be noted that he corrected staffs recommendation and
that was probably where the error crept in if there was a misunderstanding in that letter.
Robert Lane, 242 Minot Avenue, Chula Vista, CA 91910, stated he was not opposed to staffs corrected
recommendation but was opposed to taking parking away from Alpine to Minot.
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Minutes
January 21,1992
Page 15
Leonard Aguillard, 138 Minot Avenue, Chula Vista, CA 91910, spoke in opposition to staff recommendation.
Laura Graudushus, 111 'E' Street, Chula Vista, CA 91910, asked if there were changes being made between
Minot and First Avenue.
Mr. Swanson stated that no changes were proposed between Minot and First Avenue.
Murphy Srumph, 114"E' Street, Chula Vista, CA 91910, stated he would like to see the speed limit lowered.
Frances Guess, 149 Twin Oak Circle, Chula Vista, CA, spoke in opposition to staff recommendation.
RESOWDON 16383 AS AMENDED WAS OFFERED BY COUNCJLMAN MOORE, reading of the text was
waived, passed and approved to adopt only the part between Second Avenue and Third Avenue with the
remainder being referred back tostaft'. Approved 4-0-1 with Councilman Malcolm absent.
BOARD AND COMMISSION RECOMMENDATION
None submined.
ITEMS PUll.ED FROM TIiE CONSENT CALENDAR
Items pulled: Sa, 10 & 11. The minutes will reflect the published agenda order.
Because of the lateness of the hour (after 10:30 p.m.) Council took the following vote: MSUC
(Moore/Malcolm) to continue with Item 11 and the closed session, the balance of agenda to be carried over
to the following week.
OTIiER. BUSINESS
21. CITY MANAGER'S REPORTCS)
22. MAYOR'S REPORTCS)
23. COUNCIL COMMENTS
Councilman Moore: Review of Council tickler file. To be continued to 1128192.
)g'~~)
COUNCIL AGENDA STATEMENT
'., ,j"
Item r.o< ;.."
Meeting Date 1/21/92
I/"'l' b'OJ>
Resolution ."..}t ~ .,,' (1) Authorizing the installation of a
painted traffic median on E Street between First Avenue and
Second Avenue; and (2) Establishing a no parking zone along
the north side of E Street between Second Avenue and Third
Avenue
SUBMITTED BY: Director 0; Public Work~ Irv
REV1lWED BY: City Manager~ ~ (4/5ths Vote: Yes__No-!-)
1/ Council Referral '2484
v
Residents in the E Street-Second Avenue neighborhood have requested the,
installation of a center two-way left-turn lane on E Street between Second
Avenue and Third Avenue to improve traffic flow and safety. In order to
accomplish this, parking would have to be prohibited on the north side of the
200 block of E Street.
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ITEM TITLE:
RECOMMENDATION: That the Council adopt the resolution to:
1. Prohibit parking on the north side of the 200 block of E Street to allow
for the installation of a two-way left turn lane.
2. Authorize the installation of a painted median island prohibiting left
turns between First Avenue and the 100 block of Minot Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: At the Safety Commission meeting on
September 12, 1991, the Safety Commission voted 5-1-1 to approve staff's
reconunendat i on to i nsta 11 a two-way 1 eft turn lane on E Street between Fi rst
Avenue and Third Avenue. At the Towne Centre Project Area Committee (TCPAC)
meet i ng of October 3, 1991, the TCPAC Commi ttee voted 7-0 to concur wi th
staff's recommendation.
At the City Council meeting on October 25, 1991, the City Council recommended
that staff come back within 60 days with a report to provide additional
traffic information and analysis.
DISCUSSION:
E Street is a 64 foot wide east/west Class I Collector with two lanes in each
direction. Opposing traffic is separated by double ye'llow c:enterline
striping. Parking is allowed along both sides of the street, except near the
.ajor intersections to allow for a left turn lane. The speed limit is posted
at 35 mil es per hour. Radar speed surveys conducted by staff show that the
85th percentile speed is 39 mph between First and Third Avenues and that the
range of speeds is generally between 31 and 44'miles per hour.
Traffic counts conducted by staff show that there were approximately
20,000-22,000 vehicles per day on E Street between Third Avenue and First
Avenue before SR-54 opened in December 1990. After the opening of SR-54,
traffic volumes dropped to 17,000-21,000 vehicles per day. Traffic volumes
~ I 'Y~J-;l
Page 2, Item p, ~;
Meeting Date 1/21/92
are expected to ultimately increase to 25,000-30,000 as developments in the
Bayfront and commercial redevelopment on Woodlawn Avenue between E Street and
F Street and other adjacent areas occur.
The recent resurfacing of E Street from First Avenue to Fifth Avenue provides
an i nexpens i ve opportuni ty to change the stri pi ng pattern between Fi rst and
Third Avenue to improve traffic flow and safety. Staff originally recommended
to prohibit parking on one side, similar to the striping pattern on F Street
between Third Avenue and Fourth Avenue. To accommodate this change, parking
would · "j'" to be removed on the north $ ide of the street. Removing the
parking on the north side is preferred since less parking spaces would be
affected. There are 37 parking spaces which would be el iminated along the
north curbline of E Street. Fourteen (14) parking spaces would be eliminated
between Second and Thi rd Avenues. Twenty-three (23) parking spaces woul d be
eliminated between Second and First Avenues. Parking will still be allowed
along the south side. There are 38 parking spaces along the south curbline,
16 west and 22 east of Second Avenue, respectively.
When the continuous two-way 1 eft turn lane proposal requi ri ng the removal of
parking on the north side of E Street between First and Third Avenues was
presented to the Council, residents of the 100 block of E Street expressed
objection because of the hardships caused by the loss of parking in front of
their houses. They indicated that while they would prefer to leave the street
unchanged, a left-turn prohibition would be preferred over the loss of
on-street parking. Staff has no objection to the painted median alternative.
Either plan, two-way 1 eft turn lane or 1 eft-turn proh i bit i on woul d decrease
delay, improve traffic flow and most importantly enhance traffic safety.
The following alternatives were considered by staff:
1. Two-wav left turn lane First Avenue-Third Avenue: The two-way left turn
lane will allow motorists to pull into this center lane to make a left
turn without interruption of E Street through traffic.
The benefit of this alternative is that it will allow motorists
traveling eastbound on E Street to make left turns into the driveways on
the north side of E Street without causing follOWing traffic to stop.
Forcing motorists to come to unexpected stops results in a safety
problem as evidenced by the fact that during the 3.93 year period 21
rear end accidents have occurred midblock on E Street from Third Avenue
to First Avenue. A disadvantage of putting a two-way left turn lane is
that it will require the removal of the parking along the north. side.
2. Two-wav 1 eft turn 1 ane Second Avenue- Thi rd Avenue: Thi s altern at i ve
recognizes the desire of the residents to retain parking between First
Avenue and Second Avenue. Therefore, no changes would be made to the
roadway striping for the 100 block of E Street. The disadvantage with
this alternative is that a two-way left turn lane is not provided where
it is most needed in the 100 block of E Street. For the period of
January 1, 1988 through December 4, 1991, there have been 16 reported
~rgu)-)
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Page 3, Item p4, ;"
Meeting Date 1/21/92
midblock accidents in the 100 block of E Street. Twelve of these
accidents were rear end accidents (6 eastbound and 6 westbound). Thi s
block has a sag vertical curve with centerline grades of -7.9% to +7.08%
over a vertical curve of 300 feet. Vehicles attempting to turn left
across opposing traffic bring traffic behind them to a standstill,
sometimes causing rear-end accidents.
Raised aSDhalt median between First Avenue-sec~nd Avenue and a two-wav
left turn lane between Second Avenue-Third Avenu_:
This alternative is the same as alternative 2, two-way left turn lane
between Second Avenue to Third Avenue, but the addition of a two-foot
wide raised median from First Avenue to Second Avenue only. The
advantage of this alternative is that on-street parking between First
Avenue to Second Avenue woul d remai n. Most res idents are in favor of
retaining the parking in front of their residences. The raised asphalt
median would prohibit vehicles from stopping to make left turns.
4. Painted Center Median First Avenue-Third Avenue: It consists of a pair
of doubl e yell ow centerl i ne stri pes creat i ng a four foot wi de medi an.
This striping will be painted continuously from Third Avenue to First
Avenue wi th breaks at each intersect i on. The benefit of thi s
alternative is that it would theoretically prohibit midblock left turns
which would then reduce rear-end accidents in midblock areas. This
alternative will retain the existing on-street parking. The
disadvantage is that residents can still make left turns at each minor
(unsignalized) intersection or illegally across the striping which would
still bring traffic to a standstill and thereby not reduce accidents at
those locations.
3.
5. Pa i nted Center Medi an Second Avenue-Mi not Avenue: A narrow pa i nted
median between Second Avenue east to the northerly extension of the 100
block of Minot Avenue would prohibit left turning maneuvers. This
alternative would not require the removal of on-street parking. The
cost for a 700 ft. painted median island is nominal and could be
performed by City forces. Illegal left turns would not be as prevalent
along the residential areas as compared to the commercial areas, since
area residents would adopt to the striping changes sooner. Commercial
users tend to be from outside of this area and, therefore, may attempt
the illegal left turn if their destination point is on the opposite side
of the street.
The roadway striping between Minot Avenue and First Avenue would remain
as it exists today with a solid double yellow centerline strip and
on-street parking. The striping for E Street between Second Avenue and
Third Avenue would have the two-way left turn lane as requested by area
residents.
During the same 3.93 year period, there have been 10 reported
between Second Avenue and Minot Avenue, 7 which were
accidents. Six of the seven rear end accidents involved
accidents
rear-end
eastbound
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Page 4, Item .) ti
Meeting Date 1/21/92
vehicles. The painted left turn barrier median would reduce the number
of accidents, especially since this portion of E Street is built as a
sag vertical curve with the low point being mid-way between Second
Avenue and the northerly extension of the 100 block of Minot Avenue.
The sight distance in this area is reduced due to the sag vertical curve.
A review of our midblock accident history from January I, 1988 to December 4,
1991, a period of almost four years show 21 rear-end accidents out of 30 total
accidents (70%). The other accidents were broadside, head-on or sideswipe
accidents. Of the 16 accidents which occurred between First Avenue to Second
Avenue, 12 were rear end accidents (75%). From Second Avenue to Third Avenue
14 accidents were reported, 9 were rear end accidents (64%). The proposed
installation of a continuous left-turn lane and a painted median is expected
to reduce the number of rear-end collisions and improve traffic flow.
Following is a summary of both the midblock and intersection accidents:
E STREET
Accident History - 1/1/88 to 12/4/91
INTERSECTIONS
REAR END
HEAD ON E/W/N/S BROADSIDE OTHER TOTAL
First Avenue 0 0/2/0/0 3 0 5
Alpine-Minot Avenue 0 0/0/0/0 0 0 0
Minot Avenue 0 0/0/0/0 0 1 1
Second Avenue 5 2/0/1/0 21 8 37
Twin Oaks Avenue/Circle 0 0/2/0/0 2 0 . 4
Del Mar Avenue 0 0/1/0/0 0 0 1
Church Avenue 0 0/1/0/0 5 0 6
Third Avenue 1 2/1/2/0 ~ ~ 11
TOTAL 6 4/7/3/0~14 34 12 66
SEGMENTS
REAR END
HEAD ON EAST/WEST BROADS IDE OTHER TOTAL
First to Alpine-Minot 0 0/4 0 0 4
Alpine-Minot to Minot 1 0/1 0 0 2
Minot to Second 0 6/1 2 1 10
Second to Twin Oaks 0 1/0 0 0 1
Twin Oaks to Del Mar 0 0/3 0 1 4
Del Mar to Church 1 0/0 0 3 4
Church to Third Q ill Q Q ~
TOTAL 6 9/12~21 2 5 30
~
../
/,g"'/ ..2_>
Page 5, Item
Meeting Date
:J.Ci
1/21/92
Due to the hardships to area residents caused by the removal of on-street
parking for the 100 block of E Street, staff recommends the alternate solution
of restricting left turns by the installation of a painted median between
Second Avenue and the 100 block of Minot Avenue, while retaining all of the
existing on-street parking. The existing roadway striping on E Street between
First Avenue and Minot Avenue.would not change. Since there were no protests
from residents and commercial users within the block bounded by Second Avenue
and Third Avenue, and since left turns are more frequent in this block, due to
commercial activity, staff recommends approval of the no parking zone along
the north side of the 200 block of E Street to allow for a two-way left turn
lane.
All area residents and businesses have been notified of tonight's City Council
meeting.
FISCAL IMPACT: Not applicable.
WPC 5744E/KY-157, KY-158
Attachments: Area Plat
E Street Striping Plan
Minutes Safety Commission dated 9-12-91
Minutes Town Centre Project Area
Committee dated 10-3-91
Traffic Count Information
~ /<6,;2(,
MAILING LIST FOR E STREET RESTRIPING
AND PROPOSED PARKING REMOVAL
WPC 59I8E - LABELS ON WPC 5758E
RES IDENT
105 First Avenue
Chula Vista, CA 91910
RES IDENT
152 First Avenue
Chula Vista, CA 91910
RES IDENT
174 First Avenue
Chula Vista, CA 91910
RESIDENT
176 First Avenue
Chula Vista, CA 91910
RES IDENT
178 First Avenue
Chula Vista, CA 91910
RES IDENT
180 First Avenue
Chula Vista, CA 91910
RES IDENT
180C First Avenue
Chula Vista, CA 91910
RES IDENT
1800 First Avenue
Chula Vista, CA 91910
RES IDENT
182 First Avenue
Chula Vista, CA 91910
RESIDENT
194 First Avenue
Chula Vista, CA 91910
RES IDENT
116 First Avenue
Chula Vista, CA 91910
RES IDENT
119 First Avenue
Chula Vista, CA 91910
RES IDENT
130 First Avenue
Chula Vista, CA 91910
RESIDENT
134 First Avenue
Chula Vista, CA 91910
RES IDENT
144 First Avenue
Chula Vista, CA 91910
RES IDENT
146 First Avenue
Chula Vista, CA 91910
RESIDENT
158 First Avenue
Chula Vista, CA 91910
RES IDENT
162 First Avenue
Chula Vista, CA 91910
RESIDENT
166 First Avenue
Chula Vista, CA 91910
RES IDENT
168 First Avenue
Chula Vista, CA 91910
RES IDENT
198 First Avenue
Chula Vista, CA 91910
RESIDENT
202 First Avenue
Chula Vista, CA 91910
RESIDENT
208 First Avenue
Chula Vista, CA 91910
RES IDENT
214 First Avenue
Chula Vista, CA 91910
RES IDE NT
172 First Avenue
Chula Vista, CA 91910
/'zr';2;
RES IDENT
218 First Avenue
Chula Vista, CA 91910
RES IDENT
222 First Avenue
Chula Vista, CA 91910
RESIDENT RESIDENT
228 First Avenue 110 First Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
232 First Avenue 114 Fi rst Avenue
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
238 First Avenue 101 "F" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
242 First Avenue 163 Lansley Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
248 First Avenue 167 Lansley Way
Chula Vista, CA 91910 Chula Vi sta, CA 91910
RESIDENT RES IDENT
252 First Avenue 168 Lansley Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
256 First Avenue 173 Lansley Way
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
260 First Avenue 178 Lansl ey Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
266 First Avenue 179 Lansley Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
272 First Avenue 185 Lansley Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
276 First Avenue 191 Lansley Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
280 First Avenue 198 Lansley Way
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
286 First Avenue 215 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
290 First Avenue 217 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
/8/ ;if5
RES IDENT RES IDENT
221 Alpine Avenue 253 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
224 Alpine Avenue 257 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
225 Alpine Avenue 258 Alpine Avenue
Chula Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
227 Alpine Avenue 261 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDE NT RES IDENT
228 Alpine Avenue 262 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
233 Alpine Avenue 267 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
234 Alpine Avenue 268 Alpine Avenue
Chula Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
238 Alpine Avenue 271 Alpine Avenue
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
239 Alpine Avenue 272 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
243 Alpine Avenue 275 Alpine Avenue
Chula Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
244 Alpine Avenue 278 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
247 Alpine Avenue 279 Alpine Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
248 Alpine Avenue 283 Alpine Avenue
Chula Vista, CA 91910 Chul a Vi sta, CA 91910
RES IDENT RES IDENT
252 Alpine Avenue 100 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
/?r/.Jj
RES IDENT RES IDENT
171 Minot Avenue 193 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
101 Minot Avenue 123 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
175 Minot Avenue 194 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
105 Minot Avenue 124 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
178 Minot Avenue 212 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
110 Minot Avenue 124.5 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
184 Minot Avenue 216 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
111 Minot Avenue 130 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
187 Minot Avenue 134 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
115 Minot Avenue 224 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
189 Minot Avenue 135 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
118 Minot Avenue 225 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
192 Minot Avenue 138 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
119 Minot Avenue 227 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
)8'/JO
RES IDENT RES IDENT
139 Minot Avenue 156 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
228 Minot Avenue 247 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
143 Minot Avenue 158 Minot Avenue
Chula Vista, CA 91910 Chul a Vi sta' CA 91910
RES IDENT RES IDENT
233 Minot Avenue 248 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
143A Minot Avenue 160 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
234 Minot Avenue 252 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
1438 Minot Avenue 161 Minot Avenue
Chul a Vi sta, CA 91910 Chula Vi sta, CA 91910
RESIDENT RESIDENT
238 Minot Avenue 253 Minot Avenue
Chula Vista, CA 91910 Chula Vi sta, CA 91910
RES IDENT RES IDENT
144 Minot Avenue 164 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
239 Minot Avenue 257 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
151 Minot Avenue 165 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
243 Minot Avenue 258 Minot Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDE NT
155 Minot Avenue 169 Minot Avenue
Chula Vista, CA 91910 Chul a Vi sta, CA 91910
RES IDENT RES IDENT
244 Minot Avenue 261 Minot Avenue
Chula Vista, CA 91910 Chul a Vi sta, CA 91910
/ '6/} I
RES IDENT
262 Minot Avenue
Chula Vista, CA 91910
RES IDENT
166 Las Flores Dri ve
Chula Vista, CA 91910
RES IDENT
170 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
267 Minot Avenue
Chula Vista, CA 91910
RESIDENT
268 Minot Avenue
Chula Vista, CA 91910
RESIDENT
271 Minot Avenue
Chula Vista, CA 91910
RES IDENT
174 Las Flores Drive
Chula .Vista, CA 91910
RES IDENT
191 Las Flores Drive
Chula Vista, CA 91910
RESIDENT
272 Minot Avenue
Chula Vista, CA 91910
RES IDENT
193 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
275 Minot Avenue
Chula Vista, CA 91910
RES IDENT
278 Minot Avenue
Chula Vista, CA 91910
RES IDENT
195 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
238 Las Flores Drive
Chula Vista, CA 91910
RESIDENT
282 Minot Avenue
Chula Vista, CA 91910
RES IDENT
243 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
244 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
247 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
290 Minot Avenue
Chula Vista, CA 91910
RESIDENT
143 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
143A Las Flores Drive
Chula Vista, CA 91910
RES IDENT
248 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
1438 Las Flores Drive
Chula Vista, CA 91910
RESIDENT
161 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
252 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
255 Las Flores Drive
Chula Vista, CA 91910
RES IDENT
263 Las Flores Drive
Chula Vista, CA 91910
RESIDENT
163 Las Flores Drive
Chula Vista, CA 91910
/8<3' :2
RES IDENT RES IDENT
264 Las Flores Drive 271 Elm Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
271 Las Flores Drive 272 Elm Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
272 Las Flores Drive 274 Elm Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
275 Las Flores Drive 275 Elm Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
237 Elm Avenue 158 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
242 Elm Avenue 160 Montebell Street
Chula Vista, CA 91910 Chula Vi sta, CA 91910
RES IDE NT RES IDENT
243 Elm Avenue 162 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
247 Elm Avenue 166 Montebell Street
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
248 Elm Avenue 171 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDE NT
252 Elm Avenue 172 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
255 Elm Avenue 176 Montebell Street
Chula Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
256 Elm Avenue 182 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
261 Elm Avenue 186 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
262 Elm Avenue 189 Montebell Street
Chula Vista, CA 91910 Chula Vista, CA 91910
/8'> J)
RES IDENT
194 Montebell Street
Chula Vista, CA 91910
RESIDENT
151 Second Avenue
Chula Vista, CA 91910
RESIDENT
195 Montebell Street
Chula Vista, CA 91910
RESIDENT
152 Second Avenue
Chula Vista, CA 91910
RESIDENT
101 Second Avenue
Chula Vista, CA 91910
RESIDENT
155 Second Avenue
Chula Vista, CA 91910
RESIDENT
105 Second Avenue
Chula Vista, CA 91910
RESIDENT
156 Second Avenue
Chula Vista, CA 91910
RESIDENT
121 Second Avenue
Chula Vista, CA 91910
RESIDENT
157 Second Avenue
Chula Vista, CA 91910
RES IDENT
123 Second Avenue
Chula Vista, CA 91910
RESIDENT
159 Second Avenue
Chula Vista, CA 91910
RES IDENT
160 Second Avenue
Chula Vista, CA 91910
RES IDENT
164 Second Avenue
Chula Vista, CA 91910
RES IDENT
165 Second Avenue
Chula Vista, CA 91910
RES IDENT
167 Second Avenue
Chula Vista, CA 91910
RESIDENT
128 Second Avenue
Chula Vista, CA 91910
RES IDENT
129 Second Avenue
Chula Vista, CA 91910
RESIDENT
132 Second Avenue
Chula Vista, CA 91910
RES IDENT
135 Second Avenue
Chula Vista, CA 91910
RES IDENT
138 Second Avenue
Chula Vista, CA 91910
RESIDENT
141 Second Avenue
Chula Vista, CA 91910
RES IDENT
168 Second Avenue
Chula Vista, CA 91910
RES IDENT
172 Second Avenue
Chula Vista, CA 91910
RESIDENT
145 Second Avenue
Chula Vista, CA 91910
RESIDENT
149 Second Avenue
Chula Vista, CA 91910
RES IDENT
175 Second Avenue
Chula Vista, CA 91910
RES IDENT
176 Second Avenue
Chula Vista, CA 91910
/~-]LI
RES IDENT RES IDENT
179 Second Avenue 220 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES !DENT
180 Second Avenue 221 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES !DENT
181 Second Avenue 225 Second Avenue
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
183 Second Avenue 226 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
185 Second Avenue 232 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
186 Second Avenue 238 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES !DENT
191 Second Avenue 244 Second Avenue
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RES !DENT RES IDENT
199 Second Avenue 247 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
209 Second Avenue 253 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
210 Second Avenue 258 Second Avenue
Chula Vista, CA 91910 Chul a Vi sta, CA 91910
RES IDENT RES lDENT
213 Second Avenue 261 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
216 Second Avenue 262 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
217 Second Avenue 264 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDE NT RES IDENT
219 Second Avenue 266 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
1;//}5
RESIDENT RES IDENT
271 Second Avenue 190 "0" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
272 Second Avenue 109 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
276 Second Avenue 110 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
280 Second Avenue III "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
287 Second Avenue 114 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
290 Second Avenue 117 "E" Street
Chul a Vi sta, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
293 Second Avenue 119 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
294 Second Avenue 120 "E" Street
Chula Vi sta, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
298 Second Avenue 124 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RES IDENT
168 "0" Street 141 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
172 "0" Street 138 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
174 "0" Street 142 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
176 "0" Street 146 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
182 "0" Street 153 "E" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
Iff~;J?
RESIDENT RESIDENT
159 "E" Street 150 "E" Street, [A5]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IOENT RESIOENT .
167 "E" Street 150 "E" Street, [A6]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IOENT RES IOENT
185 "E" Street 150 "E" Street, [A7]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IOENT RES IOENT
176 "E" Street 170 "E" Street, [03]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IOENT RES IOENT
182 "E" Street 170 "E" Street, [04]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
163 "E" Street 170 "E" Street, [05]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
181 "E" Street 170 "E" Street, [06]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
203 "E" Street 170 "E" Street, [07]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
210 "E" Street 170 "E" Street, [08]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
175 "E" Street, [Mngr. ] 170 "E" Street, [09]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
150 "E" Street, [AI] 170 "E" Street, [010]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
150 "E" Street, [A2] 148 "E" Street, [B1]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RESIDENT
150 "E" Street, [A3] 148 "E" Street, [B2]
Chula Vista, CA 91910 Chula Vista, CA 91910
RES IDENT RES IDENT
150 "E" Street, [M] 160 "E" Street, [C1]
Chula Vista, CA 91910 Chula Vista, CA 91910
) 55/,-;;7
RES IDENT
160 "En Street, [C2]
Chula Vista, CA 91910
RESIDENT
160 "E" Street, [C3]
Chula Vista, CA 91910
RESIDENT
160 "En Street, [C4]
Chula Vista, CA 91910
RESIDENT
160 "E" Street, [C5]
Chula Vista, CA 91910
RESIDENT
160 "En Street, [C6]
Chula Vista, CA 91910
RESIDENT
160 "E" Street, [C7]
Chula Vista, CA 91910
RESIDENT
160 "En Street, [C8]
Chula Vista, CA 91910
RES IDENT
170 "En Street, [02]
Chula Vista, CA 91910
I o~ 3%
COUNClL AGENDA STATEMENT
Item:~
Meeting Date:
03/17/92
ITEM TITLE
Report:
Proposed Fire Station #6 And Related Issues.
Resolution: Approving an Agreement with Eastlake Development
Company to Construct an Interim Fire Station in
Eastlake.
SUBMITfED BY:
Fire Chief 2 ~ !M /
Assistant Director, Management/Information Services )~
REVIEWED BY :
City Manag~
(4/5ths Vote: Yes NoX)
- ~
Two years ago, in his FY 90-91 budget commentary, the City Manager stated that "...the
Fire Station Master Plan prepared in conjunction with the City's General Plan shows there
will be a need for an additional fire station in the City's eastern sector sometime during the
next few years....at an estimated cost in current dollars of $600,000 - $700,000 annually".
Subsequently, as part of the FY 91-92 operating budget, Council allocated funds for the
operation of a new City fire station (Fire Station #6). With the station scheduled to
commence operation in late FY 91-92, a total of $172,500 was budgeted for this fiscal
year. Full costs for the new station would be budgeted in FY 92-93. As further noted by
the City Manager in his FY 91-92 budget commentary, "the final location for the station
is still being evaluated". As such, "...it would be expected that this temporary station be
at this location (Eastlake Business Center) for 3-5 years".
On February 18, 1992 Council received the attached Agreement, as part of the process of
implementing Council's budgetary action. The Agreement covers the terms and conditions
under which the Eastlake Development Company will construct and equip an Interim Fire
/9~1
Station to serve the eastern section of the City. As previously noted by the City Manager,
an interim fire facility is recommended by staff at this time because an optimal site for a
permanent fire facility has not yet been determined. That determination will depend, in
part, on developmental plans for the Otay Ranch Project. The interim fire station, City fire
station #6, will be located on Lane Avenue within the Eastlake Business Center. The
proposed agreement preserves and clarifies the intent of the existing Eastlake-I SPA
Agreement, Part III: Public Facilities Financing Plan and the City's Fire Station Master Plan.
At the February 18th City Council meeting, Council directed staff to bring back more
detailed information concerning the need for the station, the overall fiscal impact of
Eastlake-I, and other issues which may impact their decision.
This report is divided into 4 major sections. Section I discusses the need, at this time, for
a fire station to serve eastern Chula Vista. Section II of the report looks at the on-going
financial impact of the additional fire station in comparison to the revenues and costs
generated by the Eastlake-I development. Section III looks at relevant aspects of the Public
Facilities Development Impact Fee (PFDIF), the long-term funding mechanism which will
be used to pay for constructing and equipping the interim fire station as well as staffs
reasoning for proposing that an interim building be constructed rather than a permanent
station. Lastly, Section N provides an overview of the specific terms and conditions
contained in the aforementioned agreement.
RECOMMENDATION:
It is recommended that Council approve the attached resolution
and authorize the Mayor to sign the Agreement.
BOARDS AND COMMISSIONS RECOMMENDATION: Not Applicable
/?-e;2.
Page 2
DISCUSSION:
SECTION I. NEED FOR A SIXTII FIRE SfATION
In assessing the need for adding a sixth fire station in the near future, it is informative to
briefly review the history of the proposed "Eastlake" fire station.
A. The Easdake-I SPA ~ement Planned For A Fire Station in The Easdake Villal!:e
Center.
The 1984 Eastlake-I SPA Agreement: Public Facilities Financing Plan (PFFP) stipulated that
"the development of Eastlake will require the construction of a permanent fire station to
serve the community". As such, the PFFP reserved a one-acre within the Eastlake Village
Center for a future fire station.
The need for a new fire station was subsequently reviewed as part of the Management
Review of the Police and Fire Department, conducted by the City's Policy Analysis and
Program Evaluation (PAPE) Unit in 1985 and PAPE's Fire Master Plan, which was adopted
by Council in 1989.
B. PAPE'S 1985 Study Recommended Charn!:es In The Location Of Planned And
Existinl!: Fire Stations.
In 1985 PAPE assessed the City's fire system to determine (1) the number of stations
needed through the year 2000 to maintain existing levels of service and (2) where new
stations should be built and/or existing fire stations relocated. Using a computer
simulation model, PAPE's study illustrated that the City's overall fire coverage would
decline significantly, unless a new fire station was added as development proceeded.
Without a sixth City fire station, the percentage of population residing within a 5 minute
fire response time would drop from 69% to 51 % and the number residing within 7 minutes
would drop from 96% to 91 %.1 To create an optimal citywide fire station network, the
study recommended that:
1. Fire Station #2 be remodeled and maintained at its existinl!: location on East
"J" Street, rather than relocating the station to a site in Terra Nova. Fire
Station #2 serves as the primary backup/second-in responder to the City's
downtown area. This role would have been hindered if the station were
1 The fonner Montgomery area had not been annexed at the time of the study and was not
reflected in the figures.
Page 3
/1:]
moved east of Interstate-80S. Moreover, retaining the existing site improved
overall coverage under the proposed fire station network.
2. The relocation of Fire Station #3 (located on East Oneida Street) to a non-
residential site east of I-80S be more fullv explored. This relocation would,
among other benefits, improve coverage to higher-risk industrial areas along
Otay Valley Road and the Otay Rio Business Park.
3. While the proposed Eastlake fire station site in the Eastlake Villa5(e Center
should be retained. plans should also be made for an alternative site further
north. Final determination of a site for a permanent fire station serving the
eastern areas of the City would depend on more detailed information
concerning the development plans for the surrounding area.
For planning purposes, the 1985 study concluded that an additional fire station to serve
the City's eastern areas (whether located in Eastlake or at another site) would not be
needed before 1990.
C. The Fire Station Master Plan Identified An Alternative Site For An Eastern Fire
Station and Recommended Criteria to Use In Tanretins:! An Operational Date.
In 1989, the Fire Station Master Plan (FSMP) was completed by PAPE and adopted by the
City Council. Based on the updated General Plan, the FSMP concluded that a site in the
Salt Creek Ranch development would provide the most optimal fire network. The study
suggested, however, that the initial Eastlake-I site be retained as an alternative until
development plans for the Otay Ranch were more fully known.
The FSMP study concluded that residences within the Eastlake-I (EL-I) development would
generally receive acceptable levels of fire coverage from fire station #4 on Otay Lakes Road
and, as such, EL-I residential buildout should not be the primary determinant of when a
new station was needed. Construction of a new station to serve the eastern areas was
generally linked to industriaVcommercial square footage within EL-I or to residential
development further east, in Eastlake Greens.
D. Fire Covera5(e Guidelines Were Develooed As A Supplement To The Fire Threshold
And AdOPted Bv Council.
The City's Growth Management threshold for fire services requires that 8S% of fire and
emergency incidents be responded to within 7 minutes. While the citywide threshold
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provides a helpful benchmark for evaluating the department's annual performance, the
threshold is less useful in judging individual projects during the planning phase. Moreover,
meeting an overall response time standard would not insure that the City's fire services
performed at an adequate level.
Example:
In 1991 99% of all incidents are responded to within 7 minutes.
Suppose, however, that the remaining 1 % included a 20 minute
response time to a major fire at the Chula Vista Shopping Center or
at Congregational Towers or at any other high risk site. While this
single incident wouldn't affect overall threshold performance, the
City's fire service wouldn't look very good.
To better achieve the threshold goal of insuring that quality fire service is maintained,
supplemental project guidelines were developed. These guidelines, set forth in Exhibit 1,
establish separate standards for (1) first and second-in response times to sites classified as
high risk by the Fire Department, (2) maximum response times to residences anywhere in
the City, and (3) overall residential coverage on a project by project basis.
1. The guidelines are stated in terms of travel times which are readily
measurable. For example, the guideline for first-in travel time to a high risk,
non-sprinklered site is set at 2.7 minutes. When dispatch and turnout times
are factored in, this equates to a 4 minute response time.
2. The guidelines are more strin\2:ent than those imoosed bv the citywide
threshold. Examples of the more restrictive nature of the guidelines are
provided below.
The guideline for a 2.7 minute travel time to a specific high risk sites
would be imposed even if the project would otherwise meet the
overall threshold of responding to 85% of emergency calls within 7
minutes.
To insure compliance with the overall threshold, the guidelines
require that 85% of a project's dwelling units be within a 5.7 minute
travel time (equivalent to a 7 minute response time). Additionally,
the guidelines establish that no dwelling unit should be beyond an 8.7
minute travel time. Thus, although a development could meet the
citywide threshold and still have a portion of residences beyond the
8.7 maximum, the development would not meet the project
guidelines.
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Exhibit 1. Project Guidelines - Fire Service
I. FIRE COVERAGE GUIDELINES FOR RESIDENTIAL DEVELOPMENTS
For residential projects:
1. 85% of the dwelling units shall be within a 5.7 minute
TRAVEL TIME from a current or planned fire station;
2. 100% of the dwelling units shall be within an 8.7 minute
travel time from a current or planned fire station. (This
correlates to the "Equity" objective of 100% coverage within a
10 minute response.)
II. FIRE COVERAGE GUIDELINES FOR INDUSTRIAL/COMMERCIAL DEVELOPMENTS
For industrial or commercial sites which are classified as "special risk" sites
by the City's Fire Prevention Bureau:
1. The first -in travel time from a current or planned fire station
shall not exceed 2.7 minutes if the site is NOT SPRINKLERED
and the second-in travel time shall not exceed 8.7 minutes,
OR
2. The first-in travel time from a current or planned fire station
shall not exceed 5.7 minutes if the site is SPRINKLERED and
the second-in travel time shall not exceed 8.7 minutes.
III. GUIDELINE EXEMPTIONS
Exemptions to the guidelines may be granted by the City Council for a
specific project by 3/5th vote subsequent to the review and recommendations
of the City's Fire Prevention Bureau. Exemptions may be granted in
consideration of such factors as (1) the limited size of the project; (2) the
use of residential sprinklering; (3) the rural character of the project and
surrounding areas or (4) other considerations as deemed appropriate.
Exemptions shall NOT be granted, if, in doing, so, the citywide fire service
threshold would not be met.
/9-~
Because the project guidelines are more restrictive than the threshold
standard, an exemption procedure is provided. Exemptions may be
granted by Council as long in so doing, the citywide fire service
threshold is not endangered.
The project guidelines were adopted by Council on August 22, 1989 and have been applied
during the project review phase since that date.
E. Resoonse Time Factors Reauire The Addition Of A Sixth City Fire Station.
Staff believes that fire protection is almost solely an "insurance" driven service. In other
City services, such as police and public works activities, the need for additional resources
is principally determined by workload volume. Conversely, the need for additional fire
resources is principally determined by levels of acceptable risk rather than workload
factors. For example, when the City built fire station #4 on Otay Lakes Road, the volume
of calls from the projected service area was minimal (guesstimated at averaging
approximately 1 call per week). Thus, fire station #4 was not built because of heavy
workload; it was built because the City Council determined that the then closest station did
not have the ability to respond to the area within an accepted response time. Now, 27
years later fire station #4 responds to an average of 1.3 calls for service per day and yet
staff believe that a new fire station is again needed to properly serve the eastern area. The
response time conditions assessed in reaching this conclusion are detailed below.
L The primarv service area for fire station #4 is larS!e.
Exhibit 2 illustrates the primary service areas for the City's existing 5 fire
stations. As illustrated in Exhibit 2, the primary service area for station #4
is considerably larger than the City's other stations east of Interstate-80S (l-
805). Prior to assessing response times, several points should be noted about
the comparative service areas:
Within similarly sized areas, call for service levels are lower east of 1-
805, reflecting the more rural densities characteristic of eastern
development and differences in demographic factors which result in
a lower per-capita call rate in the east; and
The circulation network west of I-80S is principally flat and generally
laid out in a grid system, which facilitates emergency responses. East
of I-80S the availability of high speed, limited access arterials (East
"H" Street, Telegraph Canyon Road, ...) also facilitate faster travel
times.
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(
EXHIBIT 2
Fire Station Service Areas
(
<I
:-~~--
(
.
,
Within this context, the current response times for newly developed and newly annexed
areas in the east are examined.
2. First-in response time to some developed areas approximates 9 minutes.
From the current fire station #4, first-in response times to areas within
Eastlake Greens ranges from 7 to 9 minutes. As previously noted, response
time includes the time to take information from the caller and to notify the
appropriate fire company (dispatch time); the time for firefighters to don
their gear and identify the quickest route to the incident and any hazardous
materials which may be used at the structure (turnout time); and the time
it takes the fire company to arrive on-scene (travel time).
If the fire company is out of the station but not involved in a service call
(training, inspection, etc), response times can be as long as 13.5 minutes
(10 minutes to portions of the Eastlake-l Center).
Lastly, if the station is tied-up on another call, response times to Eastlake
Greens from the next available back-up unit would approximate 16.5
minutes.
When the interim station becomes operational, maximum first-in times
should fall within the 4-5 minute range.
3. Second-in response times mav exceed 16 minutes.
The standard response to a structural fire throughout the South Bay is 2
engine companies (a first-in and a second-in responder) and a ladder
company. Based on the current fire station network, the expected second-
in response time to Eastlake-l and surrounding areas ranges from 13 to 16.5
minutes. When the fire station network is expanded, second-in times would
range from 5 to 9.0 minutes.
4. Response times to open space areas is approximatelv 11.5 minutes.
One of the fire company's responsibilities within eastern Chula Vista is to
inspect for (and respond to) possible grass/brush fires. Based on the current
network, response times to vacant land within City boundaries (Eastlake III
and the Olympic Training Facility site) would be approximately 11.5 minutes
and could be as high as 16 minutes. From the interim station site, response
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times shouldn't exceed 7 minutes. 2
Based on these factors, staff believe there is a need to open a new fire station to enhance
fire coverage in the aforementioned areas. Preferably, the new fire station would become
operational prior to the start of the summer when Santa Ana conditions are most prevalent.
If the Council adopts the proposed Agreement between Eastlake and the City which is
attached, the station would be expected to become operational prior to June 30, 1992.
SECTION II. EASI1.AKE-I FISCAL IMPACf
This section summarizes the fiscal impact of the Eastlake-I development. It covers the 5
year period FY 1986-87 through FY 1990-91. For these 5 years, an annual fiscal impact
analyses was undertaken to determine the developer's financial obligations under the terms
of the Eastlake-I Reserve Fund Agreement. Also included in this Section is a fiscal impact
analysis for FY 92-93, when several new City facilities will come on-line.
A The 5 Year Reserve Fund Analvsis Indicated That Revenues Generated Bv Eastlake-I
Exceeded Costs Bv $610.215.
Exhibit 3 summarizes the five fiscal impact analyses which were undertaken in conjunction
with the Eastlake-I (EL-I) Reserve Fund. Important things to note about the Exhibit are:
In 4 of the 5 years, Eastlake-I had a positive fiscal impact on the City.
The development's first year (1986-87) was the only negative year, showing
an operating budget deficit of $7,474. Under the terms of the Reserve Fund
Agreement, funds to cover the deficit were transferred from the Reserve Fund
held by the City to the General Fund.
Beginning in the second year (FY 1987-88) a surplus was achieved. This
surplus grew in each subsequent year, reaching a high of $263,907 in the
fifth year (FY 1990-91).
2
All travel times based on the current road network.
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EXHIBIT 3. 5 Year Reserve Fund Analysis
Fiscal
Year
Operating
Budget
Costs
1986-87
1987-88
1988-89
1989-90
1990-91
$ 180,081
$ 527,694
$ 820,956
$ 975,568
$1,206,596
Operating
Budget
Revenues
Fiscal
Impact
$ 172,607
$ 544,667
$ 937,755
$1,195,579
$1,470,503
($ 7,474)
$ 16,973
$116,798
$220,011
$263,907
NET IMPACT:
$610,215
Several points need to be emphasized about the analysis:
1. The methodololN used in the Reserve Fund analvsis produced verv
conservative estimates of Eastlake-I's actual fiscal impact during the project's
early years. Essentially, the Reserve Fund model apportioned a share of pre-
existing City costs to the project from its onset, based on the average
citywide costs for specific services. For example, costs for fire services were
attributed to Eastlake-I based on the average citywide cost per equivalent
dwelling unit. Given the specific terms of the Reserve Fund Agreement, this
methodology was the most favorable analytic method for the City. The
methodology did not, however, reflect actual cash flows.
2. As part of this report, an effort was made to assess EL-I's fiscal impact on the
City based on actual cash flows. This methodology focused solely on the
marginal or incremental costs generated by the project. Since the project
produced very few marginal costs in its early years (e.g. no incremental costs
for fire services have been generated by the project to date), this model
showed a significantly greater surplus for the five fiscal years FY 86-87
through FY 90-91. The five year surplus usinsr a marcinal cost methodololN
was estimated at $2.460.404, nearly four times the $610,215 surplus
estimated using the conservative Reserve Fund method. For FY 91-92, the
operating budget surplus is expected to total approximately $1,000,000
(including a one-time payout to the City of $275,000 which was made upon
dissolution of the Reserve Fund), bring the 6 year total to roughly
$3,460,000. It is important to note that because eastern sections of the City
have not required significant new services to date, the surpluses generated
by Eastlake-I have been annually allocated to other service needs throughout
the City.
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Under the marginal cost method, however, higher service costs are attributed
to the project in future years when new facilities actually come on-line. As
shown in Exhibit 4, EL-I's projected surplus for FY 92-93 drops to $32,998,
down from a peak of $777,909 in FY 90-91. This projection takes into
account Eastlake-l's share of the proposed new fire station as well as a
possible new library facility and a new recreation center to serve the area.
This surplus should, however, increase overtime as (1) The Eastlake Business
Center and Village Center are developed and (2) the cost of the new facilities
are spread to other development projects within the benefit area.
Lastly, its important to emphasize that while the marginal cost method
enhanced Eastlake-l's fiscal impact, the result was due in part to factors
specific to that development. Given the particulars of another development,
the marginal cost method is just as likely to negatively affect a project's fiscal
vitality.
The marginal cost method is a more complex and more staff intensive methodology to
establish and to maintain. Staff will be reviewing both methods to determine which model
will be most useful in future fiscal impact analyses, based on their respective cost-benefit
ratios.
B. Residential Develooment Can Pay For Itself In Certain Circumstances.
A general tenet in the post-Proposition 13 era has been that residential development does
not pay for itself. The marginal cost analysis for Eastlake-I appears to contradict this rule
and there are a number of factors, some general and some specific to Eastlake, which
together brought about this result:
EASTLAKE-I FACTORS:
~ The timinS!: of Dublic facilities favored the Eastlake-I develoDment.
The phasing of Eastlake-I was such that most dwelling units were built prior
to the need to open new facilities to serve the area. This enabled the project
to build a large surplus over its first six years. Had a new fire station or
other major facilities come on-line in the project's early years, the project's
cash flows would have been less favorable.
(The Eastlake-I Reserve Fund was established to insure that the City did not
suffer an operating budget deficit during the project's early years. Under the
terms of the Reserve Fund Agreement, the developer was obligated to
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Exhibit 4. Cost/Revenue Projections For FY 1992-93.
MARGINAL MARGINAL
COST: COST:
SERVICE FULL FISCAL EL-I REVENUE MARGINAL
AREA IMPACT SHARE SOURCE REVENUE
PWO 51,213 51,213 Property Tax 488,518
Sales Tax 306,129
Franchise Tax 66,864
Parks 142,959 *1* 49,157 Prop Transfer Tax 6,162
Utility Users Tax 136,166
Business License 19,098
Recreation 46,846 *2* 18,853 Bicycle License 654
Animal License 2,125
Vehicle In-Lieu 195,347
Police 380,994 380,944 Cigarette Tax 0 *6*
Fines, Penalties, etc. 10,244
Recreation 1,526
Fire 630,000 *3* 524,000 Gas Tax Fund 45,998
Traffic Safety Fund 19,562
CLSA Fund 9,372
Library 162,390 *4* 124,394 Miscellaneous 11,913 *7*
Investment Earnings 1.710
Overhead 164.066 142.778
1,578468 1,288,390 *5* $1,321,388
NET EL-I IMPACT: $32,998
*1 * Discovery Park (Fully funded in FY 91-92)
*2* Includes estimated part year funding for new Recreation Center in EL (assumes Council approval for FY 92-93 budget)
*3* Fire Station #6
*4* Includes estimated City costs associated with a joint City/High School Library (assumes Council approval for FY 92-93 budget)
*5* Non EL-I share spread to other developments in benefit area. (Note: Benefit areas vary by facility.)
*6* Local revenues from tax fully eliminated by State, effective 7/1/92. (Assumes no local cigarette tax is added.)
*7* Includes other State remittances, delinquent property taxes, etc.
/9-1:3
reimburse the City for any negative financial impact occurring over the
project's first five years. Although the Reserve Fund did not have a
significant affect on Eastlake-I's fiscal impact, staff believe it is a prudent
safeguard which should be applied to future developments.)
2. Eastlake-[ S?:enerates hiS?:her propertY taxes per dwellinS?: unit.
[n general, it does not cost any more to provide service to a $250,000 home
than to a $125,000 home. Since Eastlake-[ homes have a higher assessed
value than the citywide average, they generate higher property tax revenues
per unit, without any offsetting increase in service costs.
(New residential developments can also have an impact on the City's pre-
existing property tax revenues. [n so far as home buyers are current City
residents, whose old homes are sold and reassessed, overall City property tax
revenues will increase. This factor, although potentially significant, was not
assessed by the revenue models.)
Prior to the analysis, it was thought that Eastlake-[ residents would also generate higher
than average retail sales tax revenues for the City. This result did not, however, occur.
[n fact, lower retail sales tax revenues were projected under the modified Otay Ranch
model than under the Reserve Fund model, which used a citywide average rate of sales tax
revenue per capita. The modified Gtay Ranch model correlated housing costs with
disposable income levels and then estimated the resident's likelihood of buying various
types of goods within Chula Vista based on their access to shopping centers, automobile
malls, etc. The lower revenue projection under the modified Otay Ranch model reflected
the assumption that EL-[ resident's were more likely to purchase non-convenience goods
outside of Chula Vista then within the City. The substantial leakage in retail sales tax
revenue more than offset potential revenue gains from higher than average spending levels.
The model indicated that reductions in sales tax leakages could increase the retail sales tax
revenue generated by the project by 25% or more. This supports the City's on-going efforts
to establish an auto park, power centers, and similar type facilities in the City in order to
keep resident purchases and sales tax revenues in Chula Vista.
GENERAL FACTORS:
L City policies shift some of the cost of servIce from the City to new
development.
Chula Vista presently requires new development to establish assessment
districts to cover the cost of various city services. In Eastlake-I, for example,
a maintenance district funds costs associated with maintaining parkways and
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medians and resident assessments cover the costs of maintalmng
neighborhood parks. In other developments, assessment districts are being
used to maintain natural drainage channels. These trends reduce the overall
cost impact of residential development.
2. ChanS!:es in City policies and operations reduce the cost of providinS!: service.
Policies requiring the installation of monolithic sidewalks in eastern
developments reduce on-going maintenance costs; the automation of police
and fire dispatching functions enhances the productivity of communications
operators; and changes in operating methods, such as the use of grinders to
postpone the need for major sidewalk repair, all help to reduce the costs of
providing City services. While these factors did not generally come into play
over the 7 -year assessment of Eastlake-I, they do affect a project's long-term
cost impact.
While the factors discussed above helped make Eastlake-I's residential project fiscally
attractive, the impact of other residential projects on the City will depend on their specific
characteristics.
In Sections I and II the need for opening a sixth fire station to serve Eastlake-I and
surrounding areas was examined and the fiscal impact of EL-I on the City was reviewed.
The next section discusses staffs reasoning for building an interim rather than a permanent
station at the time and the use of development impact fees to finance the facility.
SECTION III. IMPACf FEES
This section provides a brief overview of the Fire Component of the Public Facilities DIF
and discusses the reasons for building an interim rather than permanent structure at this
time. Alternative uses for the interim structure are detailed.
A The Fire Comoonent Of The Public Facilities DIF Currently Includes
10 Projects.
The Public Facilities DIF (PFDIF) was adopted by Council in August, 1989. As building
permits are pulled, developers pay impact fees to cover the cost of new public facilities and
new capital equipment necessitated by growth. The PFDIF presently has 10 components,
including a component for fire-related facilities. The Fire Component, in turn, consists of
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the following projects:
1. Salt Creek Fire Station & Equipment
2. Rancho del Rey Fire Station
3. Sunbow Fire Station
4. Fire Training Tower and Training Classroom
5. Brush Rig
6. Radio Communications Tower
7. Fire Station #1 Expansion3
8. Fire Station Master Plan4
9. Reserve Fire Pumper
10. Expansion of Rancho Del Rey StationS
B. It's Recommended That The New Fire Station Be Built As An Interim Facilitv.
The Fire Station Master Plan (FSMP) recommended a site within the Salt Creek Ranch
development for the permanent location of a new fire station to serve the eastern areas.
The FSMP did, however, strongly suggest that the proposed fire station sites be reviewed
once more detailed development plans for the Gtay Ranch were known. As such, the City
did not relinquish the one-acre fire station site in the Eastlake I (EL-I) Village Center which
had been dedicated as part of the EL-I project. While the Salt Creek Ranch fire station site
still remains the preferred location when the eastern areas are more fully developed, an
interim location within Eastlake is presently recommended for two major reasons:
1. The Salt Creek Ranch And SUDOOrtinl!" Infrastructure Could Not
Presentlv SUDOOrt A Fire Station.
Section I of this report detailed the present need for the new
fire station. Building a permanent station in Salt Creek Ranch
at this time would not provide optimal coverage into the areas
where it is currently needed most (e.g. Eastlake Greens,
Eastlake III open space, etc.). Moreover, there would be a
significant lag time before the supporting infrastructure would
be developed in Salt Creek Ranch, as the proposed site is in
Phase 2 of the project.
3 Project completed.
4
Project completed.
5 For future use as a police briefing room east of I-80S.
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2. An Interim Fire Station Maintains The City's Flexibility To
Select Between The Salt Creek Ranch Site And A More
Southerly Site In Eastlake.
Further analysis is needed to determine if a more southern
location for fire station #6 (in Eastlake) in conjunction with
the judicious use of automatic aid, could reduce the number of
fire stations needed for the western parcel of the Dtay Ranch.
Dnce more detailed development plans for the Dtay Ranch are
determined, the Fire Station Master Plan will be updated.
Regardless of final jurisdictional decisions, the analysis will
show if a fire station can be saved (at an annual operations
cost of $600,000), through the optimal positioning of other
fire stations in concert with automatic aid agreements.
A permanent, rather than interim, structure would require an
additional advance of impact fees of approximately $400,000.
Staff believes that this additional $400,000 expenditure would
be extremely wasteful of DIF funds, should the City decide that
an alternative site was preferred later on. (A revised master
plan is currently targeted for late 1993; the interim site is
targeted for use for about five years, through FY 1996-97.)
C. The Interim Structure Will Be Reused Or Sold At The End Of Its Initial Use.
There are four potential uses for the modular building and truckport ($177,350) which will
serve as the interim fire station building:
the structure could be used as an interim facility for another
fire-related project within the PFDIF;
the structure could be used as an interim fire facility within the
Dtay Ranch, in which case the residual value would be repaid
to the PFDIF by that project. (The Dtay Ranch is not part of
the current PFDIF and has therefore not contributed fees
towards any of the existing related projects.);
the structure could be used for another, non-fire related
purpose, in which case the residual value would be paid into
the PFDIF. (Even if the other use is associated with another
PFDIF component, repayment would still be required, as it is
improper to commingle DIF funds between components.);
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the structure could be sold at the end of its use as an interim
fire station facility. In this case the residual value would be
returned to the PFDIF or, should the removal of the structure
result in a net cost, such expense would be added to the PFDlF
to be paid for by developer fees.
D. To Fund The Interim Station And Related Fire Eauipment. The Develooer
Will Advance A Portion of Their Impact Fees.
There are currently insufficient funds within the Fire Component of the PFDlF to pay for
the interim fire station and related equipment. Funds collected to date have been
committed to building the new fire training facility and to enhancing emergency radio
communications in the general area. Therefore, as outlined in the proposed Agreement,
Eastlake Development Company will advance the funds necessary to construct and equip
the interim fire station. Eastlake will, in turn, receive a credit against the fire component
of the PFDlF, taken as building permits are pulled. The credit will be applied until the
amount of the advance payment is recovered. (This is similar to the credit against the
Street Development Impact Fees currently received by Eastlake and McMillin for advancing
the funds to widen East "H" Street.) It's important to note that all of the equipment
associated with the interim fire station ($312,350) will be transferred to the permanent
fire station, regardless of its ultimate location.
Presently, the annual update of the PFDlF is in progress. Among other changes, the update
will establish a new Interim Fire Station project transferring to it the equipment costs
which are currently part of the Salt Creek Ranch project. The costs associated with the
modular building will be added to the PFDlF so that these expenses are spread across all
benefiting development.
The following section summarizes the specific terms and conditions associated with the
proposed Agreement for the interim fire station.
SECTION IV:
AGREEMENT FOR INTERIM FIRE STATION
The attached agreement provides for an interim Fire Station #6 to be constructed and
equipped by Eastlake Development Company on Lane Avenue in the Eastlake Business
Center. This agreement preserves and clarifies the intent of the existing Eastlake-I SPA
Agreement, Part III: Public Facilities Financing Plan, and, will enhance the level of fire
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protection services in eastern Chula Vista.6 Target date for opening Fire Station #6 is
June 1992.
A. The Preferred Location For The Interim Fire Station Is The Eastlake Business Center.
City staff have been meeting with Eastlake Development Company to negotiate the terms
and conditions for constructing and equipping an interim fire station. Although the
Eastlake-I Agreement reserved a fire station site in the Eastlake Village Center, fire
department staff preferred to locate the interim station in the Business Center on Lane
Avenue because of lower pedestrian and vehicular traffic. (The general location is shown
on Agreement Exhibit 7, attached.) It is anticipated that the site will be needed for the
interim fire station for about 5 years. Should the City need to use the temporary site for
other, non-emergency related ancillary activities, such as overnight parking of Public Works
Operations' vehicles working in the area, City staff and Eastlake have agreed to discuss the
conditions under which such uses would be permitted.
B. The City Has Reserved Sites in Eastlake and Salt Creek Ranch For A Permanent Fire
Station.
The City has reserved a site within the Salt Creek Ranch development for a fire station to
serve the area. Once development plans for the Otay Ranch are more detailed and the Fire
Station Master Plan is updated, staff will determine the optimal permanent location for the
station. Should a location in Eastlake be preferred to the Salt Creek Ranch, the proposed
Agreement reserves such site(s) within Eastlake. After a permanent site is selected, the
remaining reserved site (in Salt Creek Ranch or Eastlake) shall be "returned" to the
developer.
C. The Cost Of The Interim Fire Station Is Estimated At $489.700.
Eastlake shall be directly responsible for all site preparation, the modular building, the
truck port, utilities hook-ups, landscaping and will reimburse the City for the City's staff
services ($177,350). Eastlake shall also front all costs related to fire station/fire fighter
equipment and for furnishing the station ($312,350), including any contingency costs up
to 15% of the total estimate of $489,700. As discussed in Section II, equipment and
furnishings needed for the interim station are presently in the Fire Component of the Public
6 The Eastlake-I Public Facilities Financing Plan required Eastlake to build and equip a permanent
fire station if that station was permanently located in Eastlake. The Public Facilities Development Impact
Fee (PFDlF), adopted by Council in January, 1988, placed the fire station and equipment needed to serve
the eastern section of the City in the PFDlF, so that the costs will be shared proportionately by all benefiting
projects, whether the station is eventually located in Salt Creek Ranch or Eastlake.
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Facilities Development Impact Fee and will be transferred to the permanent fire station,
regardless of its ultimate location. Costs associated with the modular building and
truckport will also be placed in the Public Facilities DIF and eventually shared
proportionately among developers.
Alternative uses for the modular building and truckport are also detailed in Section III.
Should the project cost exceed the Agreement's total cost estimate plus the 15% cost
contingency, the City would be obligated to pay the excess amount. However, these excess
costs would be added to the fire component of the Public Facilities Development Impact
Fee (PFDIF) and the City would be reimbursed from the PFDIF.
D. The Interim Fire Station And Related Eauinment Shall Be Funded By The Deyeloner
As An Advance Of Their Deyelonment lmnact Fees (DIF).
As discussed in Section III, there are currently insufficient DIF fees available to fund the
interim station directly. Present funds collected under the Fire component of the PFDIF
have been committed to the fire training facility and for improving police and fire radio
communications in the area. As such, Eastlake will advance the necessary funds and, in
turn, they will receive a credit against the fire component of the PFDIF. Credits are applied
at the time building permits are pulled, until the amount of the advance payment is
recovered.
E. Under The A.s!reement The Develoner Will Finance Or Construct A Permanent Fire
Station. Should The Preferred Site Be In Eastlake.
If, after further study, a decision is made to locate the permanent facility in Eastlake, the
Agreement calls for the developer to finance the cost of that station within specific time
lines (dependent upon the selected location). The agreement does, however, permit
Eastlake to request extension, in time, if they have not recovered 80% of the cost
associated with the interim station. These costs are recovered through credits against the
fire portion of the DIF, which are used at the time building permits are pulled. (The 80%
level is to be evaluated in conjunction with any refunds owed Eastlake and paid by the DIF
and/or any offsetting DIF funds which are contributed to the cost of the permanent
station.) The City does, however, retain the right to make the final determination of
whether an extension is to be granted. Based on Eastlake's current development plans,
80% of the interim fire station costs would be recovered through credits alone in
approximately five years. During the time between the final determination of the preferred
site and the building of a permanent fire station (within or outside of Eastlake), the interim
fire station will remain in operation.
The proposed Agreement enables Eastlake to free-up the one-acre Village Center site for
Page 20
;''''-20
commercial use. Under the terms of the Agreement, the City will process, at the
developer's expense, a SPA Amendment for the Village Center which, if approved, would
convert the previous open space/public use designation of the one-acre fire station site to
a commercial use designation. The City's agreement to process the amendment does not
imply that said SPA Amendment will be approved.
FISCAL IMPACf:
Eastlake Development Company will be funding the capital costs associated with this
Agreement, which are estimated at $489,700. Eastlake is also liable for a 15% contingency
($73,455) should additional funds be necessary.
The Fire Department's current budget contains a total of $172,500 for Fire Station #6
operations during the later part of FY 1991-92. Based on current time lines (a mid-June
operational date is now targeted) less funds will be required this year. The FY 92-93
recommended budget will propose that these savings be encumbered for use in FY 92-93,
to help ease the impact of the new station on City finances.
Approximately $600,000 - $630,000 will be required in FY 1992-93 for a full year's
operation. As detailed in Section II, FY 1992-93 revenue projections for the Eastlake-I
development will cover its share of these costs and that together, EL-I and other
developments within Fire Station #6's service area will generate revenues covering all of
that station's costs. (During its initial 6 years, FY 86/87 - FY 91/92, Eastlake-I built up
large operating surpluses, estimated to be in excess of $3,400,000. Since the demand for
new services was minimal, most of these surpluses were allocated to other City needs.)
Additionally, under the City's automatic-aid agreement with the Bonita-Sunnyside Fire
Protection District, Bonita agreed to reimburse the City for dispatch costs once a station
was opened to serve the eastern area. Staff estimate FY 92-93 reimbursements will be $11,000.
Page 21
19- :l /
RESOLUTION NO. 1(" ;0 ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH EASTLAKE
DEVELOPMENT COMPANY REGARDING THE INTERIM FIRE
STATION IN EASTLAKE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, this Agreement provides for an interim Fire
station #6 the costs of which are to be advanced by EastLake and
reimbursed from the DIF, and provides that the Interim Fire station
is to be constructed and equipped by Eastlake Development Company
on Lane Avenue in the Eastlake Business Center; and
WHEREAS, this agreement preserves and clarifies the
intent of the existing Eastlake-I SPA Agreement, Part III: Public
Facilities Financing Plan, and, will provide an appropriate level
of fire protection services in eastern Chula Vista; and
WHEREAS, the target date for opening interim Fire station
#6 is June 6, 1992.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the "Agreement For an
Interim and Permanent Fire station in EastLake", with EastLake
Development Company regarding the interim fire station in EastLake,
a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Sam Lopez, Fire Chief
APZ ar
!
Bruce M.
Attorney
J
Presented by
City
C: \RS\EL Interim Fire Statim
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AGREEMENT
FOR AN INTERIM AND PERMANENT FIRE STATION
IN EASTIAKE
.., .'
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This Agreement, dated this 6th day of February, 1992, for
the purposes of reference only, and effective as of the date last
executed by the parties, is between the city of Chula Vista, a
chartered municipal corporation of the State of california,
("city") and Eastlake Development Company, a California General
Partnership, hereinafter referred to as the "Developer", and is
made with reference to the following facts:
1 Recitals.
1.1 The Fire Station Master Plan of the City of Chula Vista
identified a permanent site for a new, sixth City fire station
within the Salt Creek Ranch development. Because the Salt Creek
Ranch is presently in the General Development Plan stage and
lacks supporting infrastructure, it would be infeasible to
construct a permanent fire station within that development at
this time. However, given the development which has occurred in
the area, and the development which is underway, a sixth fire
station will be needed in the near future to meet the operational
requirements of the City's Fire Department in the area of
EastLake, EastLake Greens, Salt Creek Ranch, Rancho San Miguel,
and, if annexed to the City, the Western Parcel of the Otay Ranch
("prospective Area of Need"). Therefore, the purpose of this
Agreement is to cover the terms and conditions for developing and
equipping an Interim and possibly Permanent Fire station within
the Eastlake development. In addition, the development and
equipping of the Interim Fire Station satisfies the requirements
outlined in the Fire Station Master Plan (PART II, Section HI,
paragraph 2, page 35) dated February, 1989 and revised July 10,
1989, relating to the need for a fire station to be in operation
prior to Greens development proceeding south of the specified
area.
1.2 Under the Eastlake-I SPA Agreement, PART III: Public
Facilities Financing Plan dated February 19, 1985, and Tentative
Map No. 84-7, Condition No. 15, as set forth in Council
Resolution No. 11960, adopted March 19, 1985, the Developer is
obligated to provide a one-acre fire station site within the
Eastlake-I Village Center, and, construct a permanent fire
station thereon, and to equip same.
1.3 While a new fire station may, depending upon the pace
of development, soon be needed to serve the Prospective Area of
Need, the City is still studying the optimal location for a
permanent site. Therefore, a fully equipped temporary fire
station ("Interim Fire station") is needed to serve said Area.
2 Obligatory Provisions.
;'1,;.5
The City and Developer hereby agree as follows:
2.1 Provision of Land; Duration of Lease.
The Developer agrees to provide a minimum one (1) acre site,
acceptable to the City, for use as an Interim Fire station site,
for the period of time it takes the city to locate according to
the procedures herein established, finance, design, construct,
and commence operations at, a permanent Fire Station in the
Prospective Area of Need.
2.1.1 Location of Interim Fire station Site.
The Interim Fire Station shall be located at the Lane
Avenue site, described in the Plot Plan as "Temporary Site"
attached as Exhibit 1~
2.1.2 Nature of City's Occupancy Right.
The city shall have only that interest in the Interim
Fire Station Site as is provided in this Agreement and the
attached Exhibit 2, the "Interim Fire station site Lease" and
shall not accrue any fee interest in the interim site, except
according to the provisions of this Agreement. City and
Developer shall abide by all terms and conditions of Exhibit 2,
as if set forth fully in this Agreement.
2.2 BUILDING AND SITE IMPROVEMENT
2.2.1 Duty to Provide. The Developer shall provide
City with a turnkey Interim Fire Station. Such a turnkey
facility shall include all buildings and site improvements as
described below and in Exhibit 4 of this Agreement, as well as
tenancy in the Temporary Site, at zero (0) dollars rent, as
provided in this Agreement, including Exhibit 2.
2.2.2 General Specifications.
2.2.2.1 station House. The Developer shall
provide for a temporary modular building of approximately 1500
square feet for City use as an interim fire station. Said
building shall consist of: three (3) bedrooms, two (2) 3/4
bathrooms, and common areas configured to include a kitchen,
dining area, living room, private office, public greeting area
and sufficient closet space. Developer shall meet and confer with
City regarding interior design of Interim Fire Station.
2.2.2.2 Truck Port. The Developer shall provide
an enclosed and covered truck-port with minimum dimensions of
twenty feet (20') in width and forty feet (40') in length. Said
truck-port shall have doors with minimum clearance dimensions of
fifteen (15') in width and twelve feet (12') in height at both
ends. Developer shall meet and confer with City regarding design
of the Interim Fire Station truck-port.
)9..2(,
2.2.2.3 Station House-Truck Port Connector. The
Developer shall provide a covered patio to connect the modular
buildinq and truck-port. Said patio coverinq shall afford City
personnel well liqhted, unobstructed truck-port inqress and
egress without exposure to rain. Developer shall meet and
confer with City regarding design of the covered patio.
2.2.2.4 Utilities. The Developer shall provide
all utility hook-ups (including water, sewer, gas, electric and
telephone, and cable television if cable television is available
during the time the interim fire station is operational)
landscaping and other non-building site work (including
driveways, turnarounds and paved areas for staff parking), and
all related street signage/signing (i.e. warning lights and/or
signs).
2.2.3 Processing Design.
The attached site plan provides a preliminary defini-
tion of the proposed Interim Fire station and its appurtenances.
Developer shall meet and confer with City regarding the final
configuration of the Interim Fire station facility. It is the
intent of both parties that the final configuration will conform
to the preliminary design (attached as Exhibit 3 & 4) and
description outlined above as closely as determined feasible by
the parties.
All site plans shall be reviewed by City staff in
accordance with the City'S standard review procedures and shall
meet the City'S applicable design, building and signage criteria.
All site plans shall be subject to review and approval by the
City'S Boards, Commissions and City Council. The City shall
specify in writing all reviews and approvals required.
In the event that the City and Developer are unable to
reach agreement after meeting and conferring as herein required,
the City shall have the right to make, at its sole discretion,
final revisions to any Interim Fire Station modular building,
truck-port, landscape, signage or other site improvement designs.
The Developer shall be responsible for providing the
funds necessary to purchase the modular building, truck-port and
covered patio. The Developer shall be responsible for the costs
associated with undertaking all site-related and street-related
work. The costs estimated to be associated with the modular
19,.2.7
building, truck-port and patio and for site-related work are
individually summarized below and are estimated at $177,356.00.
MODULAR BUILDING $ 64,931
TRUCK-PORT $ 18,000
SITE PREPARATION $ 26,975
UTILITIES $ 20,000
(hookups, permits, etc.)
LANDSCAPE $ 18,700
City STAFF SERVICES $ 9,750
CONSULTANTS $ 19,000
TOTAL BSTIMATED COST $177.356
2.2.4 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS
The Developer shall be financially responsible for the
provision of the Interim Fire station Site and Improvements,
whose Total Estimated Cost is $177,356, regardless of actual
cost, except as provided in the following Subsections.
2.2.4.1 Any additions, deletions or changes in
the size, design, fixtures of the modular building or provisions
of the site or its improvements (hereinafter "Building/Site
Changes" as set forth in Exhibits 3 & 4), shall be subject to a
cumulative cost limitation of fifteen percent (15%) of the total
estimated cost, so that all such Building/Site Changes shall not
result in additional costs to Developer in excess of $26,603.40
above the total amount estimated above (without regard for the
individual estimates). city shall not by this provision be
limited from making modifications should it determine to bear,
and advance at the time of expenditure by the Developer, the
financial responsibility for such changes; and
2.2.4.2 Developer's financial responsibility
under this Section shall not modify or in any way abridge
Developer's rights of credit and/or reimbursement as hereinbelow
provided with respect to "Development Impact Fee Credits
("DIF")."
2.2.5 Title to Building and site Improvements.
Upon completion of the building and site improvements
made under the obligations of this Section, acceptance of same by
the City, and upon inclusion of same in the DIF assessment, title
to same, but not the land, shall be vested in the City, and
assigned to and accounted for in its General FUnd.
)9-2'('
2.3 MAINTENANCE & UTILITIES
During the term of the lease, the City shall be responsible
for maintaining the property grounds and building as provided in
Exhibit 2, the "Interim Fire Station Lease" and until then, the
Developer shall be responsible.
The City shall be responsible for utility costs after the
Interim Fire Station becomes operational, and until then, the
Developer shall be responsible.
AFor all purposes of this Agreement, the Station will be
deemed "operational" when the Station is staffed by City
personnel and available for fire suppression duties.
2.4 STATION AND FIRE FIGHTER EQUIPMENT
The Developer shall be responsible for providing
furnishings, fixtures and equipment for the Interim Fire Station
subject to the terms and conditions of this Agreement. Said
furnishings, fixtures and equipment shall meet all standards of
functionality, as are customary for City fire stations. An
inventory of such items is attached to this Agreement as Exhibit
5. The City reserves the right to make final amendments, at its
sole discretion, to Interim Fire Station and Fire Fighter
equipment requirements. Any such amendments shall be made by
city no later than one-hundred and twenty (120) days from the
date the station becomes operational. In any event, such equip-
ment shall not exceed the usual and customary fire station
equipment.
Developer shall be responsible for providing the funds
necessary to enable the city to purchase the fire pumper, pumper
related equipment, fire fighter related equipment and fire
station-related furnishings. These components, listed in Exhibit
5 along with their estimated cost, include, but are not limited
to, the following:
FIRE PUMPER: Triple combination, 1500 gallon per $223,762
minute fire pumper.
Includes fire hose, nozzles, clamps
and adapters: breathing apparatus:
mobile and portable radios: booster
lines: resuscitator: defibrillator:
and related tools.
FIRE PUMPER
EQUIPMENT:
FIRE FIGHTER
EQUIPMENT:
FIRE STATION
FURNITURE ,
FIXTURES AND
EQUIPMENT:
$ 50,333
Includes turn-out and related gear $ 13,554
and manuals.
Includes all related communications $ 24,713
equipment, kitchen appliances,
furniture, lounge furnishings and
exercise equipment.
TOTAL ESTIMATE '312.362
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2.4.1 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS ON
STATION AND FIRE FIGHTER EQUIPMENT
The Developer shall be financially responsible for the
funding of the City's acquisition of Fire Fighter and Fire
station equipment as provided hereinabove and the attached
Exhibit 5, whose Total Estimated Cost is $312,326, regardless of
actual cost, except as provided hereinbelow in the following
Subsections.
2.4.1.1 Any changes in the specification of
equipment, additions to equipment, or substitutions of equipment
provided hereinabove or in Exhibit 5 ("Equipment Changes") shall
be subject to a cumulative limitation of fifteen percent (15%) so
that all such Equipment Changes shall not result in additional
costs to Developer in excess of $46,854.30. The City shall not
be limited by this provision should it determine that additional
Equipment Changes are desirable at its own expense; and
2.4.1.2 Developer's financial responsibilities
pursuant to this Section shall not modify or in any way abridge
Developer'S rights of credit and/or reimbursement as provided
hereinbelow with respect to "Development Impact Fee Credits."
2.4.2 Upon provision of the furnishings and equipment
made under the obligations of this Section, acceptance of same by
the City, and upon inclusion of the costs for same in the DIF
assessment, title to same shall be vested in the City.
3 PROCUREMENT AND FINANCING
The Developer shall be responsible for procuring financing
and bearing all other costs related thereto, and providing to
City all buildings and site improvements as provided and limited
in this Agreement.
The Developer shall be responsible for providing the neces-
sary funds to the City for any equipment described in Exhibit 5
of this Agreement subject to the limitations herein specified.
Upon request for such funds from City, Developer shall remit said
funds within thirty (30) days of the request.
Developer shall procure all items detailed in Exhibit 4 in
accordance with the terms and conditions set forth in Section 4:
"Developer Construction of Various Public Facilities," of City
Ordinance '2320, which established the Public Facilities Develop-
ment Impact Fee and which is attached as Exhibit 6.
4 ADMINISTRATION OF CONTRACT
The City hereby designates the City Manager, or his
designee, as its representative for the review and administration
of the work performed by Developer herein required.
}'1 - Jp
The Developer shall be responsible for reimbursing city for
City staff services that are directly related to the development
of the interim fire station, as is usual and customary for City's
standard capital projects, including, but not limited to, plan
design and review, and site/building inspection. Such reimburse-
ments shall accrue to City at the full cost recovery rate.
The City shall be responsible for all City staff costs
including general operating and insurance costs once the station
becomes operational.
5 DEVELOPMENT IMPACT FEE CREDITS
In consideration of the funding requirements herein placed
on the Developer, the Developer, and its successors as herein
permitted, shall be entitled to a credit against all or a portion
of the Fire Suppression System component of the Public Facilities
Development Impact Fee CDIF) in the manner herein provided.
5.1 Permissible Expenditures. The credit shall be
determined following a cost accounting of expenditures which
takes into account:
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
the costs associated with the furnishings,
fixtures, and equipment for the Interim Fire
Station, as herein required of the Developer
and detailed in Exhibits 4 and 5 and
including contingency costs, if incurred.
Authorized costs shall include authorized
amendments made by the City within one-
hundred and twenty days from the date the
station becomes operational: and,
the costs associated with the Interim Fire
station building and site improvement, as
herein required of Developer and including
contingency costs, if incurred: and,
the costs for street improvements associated
with the use of the facility as an Interim
Fire station, such as caution signs, warning
lights, etc, but not for developing any
infrastructure which may serve other parcels:
all reimbursements for city staff services
and City Consultant costs that are directly
related to the development of the interim
fire, as described in Section 5:
any special assessments, property based
taxes, special taxes or owner's association
dues paid by Developer while the site is
being used as an Interim Fire Station: and
/9. ;J I
5.1.6
Should the parcel be used as a site for a
permanent fire station, upon conveyance of same to
the City:
5.1.5.1
Neither City nor the Public Facilities
DIF shall be responsible, under any
conditions, for payinq an any special
assessment, special taxes, or owner's
association dues, includinq monthly
charqes of the Eastlake Business Center
OWner's Association; and,
5.1.5.2
Developer shall receive DIF credit for
costs of reallocatinq the Business
Center OWner's Association amonq the
remaininq Business Center parcels.
Any direct demolition costs incurred by the
Developer in removinq any buildinq or site
improvements abandoned by the City upon
termination of the lease term, net of the
fair market value of same. In the event that
any Developer receives more for the value of
said improvements upon sale there of than the
direct cost of demolition, Developer shall
pay said excess over to the City. No claim
hereunder shall be permitted except upon
proof of disposition of the buildinq and site
improvements by the Developer, and proof of
proceeds therefrom.
All other expenses associated with the
Interim Fire Station which are accepted by
the City and included in the present DIF
assessment or future DIF assessments, as
provided in Section 5.2 & 5.3 below.
5.2 Processinq of Credits: Accountinq Due Date. Said
accountinq shall be performed at Developer's expense one-hundred
and thirty (130) days after the Interim Fire station becomes
operational. The City shall review said accountinq within thirty
(30) days of submission of a complete accountinq by Developer.
The City may challenqe any expense itemized by Developer. If an
expense is challenqed, Developer and city shall use qood faith to
reconcile differences. The City shall, however, be the final
arbiter as to what is an acceptable expense for purposes of
determininq the Developer's DIF credit aqainst the Fire
Suppression System component of the Public Facilities DIF.
5.1. 7
5.3 Annual Updatinq. The City shall make a qood faith and
best effort to update the Fire suppression system Fund component
of the Public Facilities DIF once a year to account for the
Interim Fire Station costs, and to account for accepted periodic
expenditures (e.q. assessments and taxes) made by Developer in
/q - ,I.
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subsequent years when the site is still being used for an Interim
Fire station following its completion.
5.4 Use of Credits: Manner of Application. At such time as
the full costs incurred by Developer of the Interim Fire Station
are included by the City in the Fire suppression System component
of the Public Facilities DIF, and the Developer's DIF-eligible
expenditures are determined by the City, the Developer shall be
entitled to meet its obligation to make DIF contributions (upon
the issuance of building permits) to the Fire suppression System
component of the Public Facilities DIF by application of said
balance to the required DIF contribution. The amount of said
credits shall be equal to the then current (i.e., at the time the
building permits are pulled) DIF rate allocable to the Fire
suppression System component times the number of Equivalent
Dwelling units for which building permits are issued. Developer
shall have the right to assign all or a portion of its credits
from time-to-time to third parties, upon written notification to
City. As said application is made, the City shall determine the
difference between the DIF eligible expenditures made by the
Developer on the Interim Fire station and applications made
against said amount under the authority of this Section.
5.5 Refund. The terms of repayment or refund shall be in
accordance with the terms set forth in City of Chula Vista
Ordinance No. 2320, which established the Public Facilities DIF
and which is attached as Exhibit 6, as such may be from time to
time amended.
6 TIMING
. The facility shall be completed, and ready to be utilized
within city's fire suppression and emergency response system, as
determined solely by city, by no later than June 30, 1992. All
equipment/furnishings, except as subsequently noted, shall be on-
site and installed no later than July 31, 1992 or, if the
facility is completed sooner, 30 days of completion of the
facility. Fire fighter equipment shall be available no later
than May 30, 1992, or if the facility is operational sooner,
sixty (60) days prior to the facility becoming operational. The
fire pumper shall be available by March 1, 1992. Developer shall
use good faith and best efforts to have .the Interim Fire station
completed and to have all equipment available on the dates set
forth herein or upon later dates agreed to by the City. The time
frames set forth herein may be modified by mutual agreement of
the Parties. They shall be subject to the time required for City
approval of the site design and improvements, delays caused by
the unavailability of materials and equipment, war, earthquake,
flood, or national, state or regional emergencies.
7 ~~
The City shall have the right to occupy the Interim Fire
( Station until such time as it takes the City to finance, design,
~n
construct, and commence operations at, a permanent Fire station
in the Prospective Area of Need.
8 PERMANENT FIRE STATION: SITE
8.1 Duty to Retain Interest During Term.
Developer shall not sell, hypothecate, or otherwise transfer
any interest in the Temporary site and shall remain able to
convey clear, marketable title to same, during the time City has
the right to occupy the Interim Fire Station site, except (1) in
conjunction with a sale, transfer or hypothecation of all or a
substantial portion of the interests of Eastlake Development
Company to a third party, including a pledge of assets as may be
required from time to time by any creditor of Developer, and then
only with 30 days advance written notice to the prospective
transferee, with a copy of same to the City, of the city's
interest under this Agreement and consent of transferee to
recognize the City's option to title, or (2) upon consent by the
City to relocate the Interim Fire station to an alternative site
in Eastlake, said consent to be at sole discretion of City which
will not be unreasonably withheld.
8.2 Duty to Determine Permanent site Location.
FOllowing approval of the General Development Plan ("GDP")
for the western parcel of the Otay Ranch and the land use element
of the General Plan ("LUEjGP") applicable to the western parcel
of the otay Ranch, the city shall commence determining its
location for the placement of a permanent station ("Permanent
station Site", or alternatively, "Permanent site") in the
Prospective Area of Need, and shall use reasonable diligence to
determine said location, obtain financing, design, construct and
commence operations at the Permanent site not later than 5 years
from the date of approval of the GDP and the LUEjGP, or as soon
thereafter as is possible, but not later than the year 2001. The
date upon which the City determines the location of the Permanent
Fire station shall be herein referred to as the "Date of
Permanent site Determination".
8.3 Permanent site is at the Interim Fire station site.
If the Permanent site is determined by the City to be at the
location of the Interim Fire station Site, the following rights
and duties obtain:
8.3.1 Duty to convey Fee Title to City.
Developer shall convey title to the Temporary site to
City, together with all improvements, appurtenances, rights,
privileges, and easements benefitting, belonging or pertaining
thereto, in fee simple, free of all monetary liens, taxes and
encumbrances.
8.3.2 Duty to Build and Equip Permanent Station.
If the Permanent Fire Station is at the location of the
Interim Fire station Site, Developer will use good faith and best
)7';/1
efforts to provide the Permanent Fire Station when required by
the City, but in no event later than 18 months after the Date of
Permanent site Determination, subject to the right of Deve10per
to request extensions thereof, which request right is hereby
allowed upon proof submitted by the Developer that (1) Developer
has not recovered, through the use of credits against the fee for
fire facilities, eighty percent (80%) of Developer's eligible
costs associated with the Interim Fire station, as determined by
the City according to this Agreement, or (2) refunds paid to the
Developer in conjunction with the aforementioned credits are less
than 80% of Developer's eligible costs, or (3) funds contributed
towards the costs of the Permanent Fire station from the Fire
Component of the Public Facilities DIF in conjunction with the
aforementioned credits are less than 80% of Developer'S eligible
costs.
8.4 Permanent site is in EastLake, Not at the Interim site.
8.4.1 Permanent site is Supplied with Infrastructure
at the Date of Permanent site Determination.
If the Permanent site is determined by the City to be within the
territory of any tentative map, within city or City's "sphere of
influence" which is applied for, owned or sponsored by Developer
and served by paved streets, water, sewer, electricity, gas and
telephone utilities ("Served by Infrastructure"), the following
rules obtain: Developer will use good faith and best efforts to
provide the Permanent Fire station when required by the City, but
in no event later than 18 months after the Date of Permanent Site
Determination, subject to the right of Developer to request
extensions thereof, which right to request is hereby allowed upon
proof submitted by the Developer that (1) Developer has not
recovered, through the use of credits against the fee for fire
facilities, eighty percent (80%) of Developer's eligible costs,
as determined by the City according to this Agreement, associated
with the Interim Fire Station, as determined by the City
according to this Agreement, or (2) refunds paid to the Developer
in conjunction with the aforementioned credits are less than 80%
of Developer's eligible costs, or (3) funds contributed towards
the costs of the Permanent Fire Station from the Fire Component
of the Public Facilities DIF in conjunction with the
aforementioned credits are less than 80% of Developer's eligible
costs.
8.4.1.1 If the Permanent Fire station is in
Eastlake, Developer shall be given credit, for costs related to
construction of the permanent fire station, against Public
Facilities Developer Impact Fee: Fire Suppression System, in
accordance with Ordinance No. 2320, as same may, from time to
time, be amended, and the rules and regulations promulgated
thereunder.
8.4.2 Permanent site is not Supplied with Infra-
structure at Date of Permanent Site Determination.
1"3->'
If the Permanent site is determined by the city to
be within the territory of any tentative map, within city or
City's "sphere of infl.uence" which is appl.ied for, owned or
sponsored by Devel.oper but not Served by Infrastructure the
following rules obtain: Developer will provide the Permanent
Fire Station with reasonable diligence after said site is Served
by Infrastructure, but in no event later than l.8 months after the
date upon which said Permanent site is Served with Infrastructure
subject to the right of Developer to request extensions thereof,
which request right is hereby allowed upon proof submitted by the
Developer that (l.) Developer has not recovered, through the use
of credits against the fee for fire facilities, eighty percent
(80%) of Developer's eligible costs associated with the Interim
Fire Station, as determined by the City according to this
Agreement, or (2) refunds paid to the Developer in conjunction
with the aforementioned credits are less than 80% of Developer's
eligible costs, or (3) funds contributed towards the costs of the
Permanent Fire station from the Fire Component of the Public
Facilities DIF in conjunction with the aforementioned credits are
less than 80% of Developer's eligible costs. Nothing herein
shall obligate the Developer to provide the Permanent station
site with the above referenced infrastructure outside of the
normal course of development by virtue of its being selected by
the City as the Permanent Station site.
8.4.2.l. If the Permanent Fire station is in
Eastlake, Developer shall be given credit, for costs related to
construction of the permanent fire station, against Public
Facilities Developer Impact Fee: Fire Suppression System, in
accordance with Ordinance No. 2320, as same may, from time to
time, be amended, and the rules and regulations promulgated
thereunder.
8.5 Permanent site is Not in EastLake
If the Permanent Fire station is not within the territory of
any such map, Developer shall have no further obligation after
expiration of the lease term, with respect to such station under
the terms of this Agreement. Nothing herein shall obligate or
exempt the Developer from charges, taxes, assessments (including
impact fees) otherwise lawfully imposed.
In such case, City shall use its best efforts to acquire the
real property necessary for such a site and enter into agreements
with respect to its financing and construction as soon as
feasible.
8.6 Duty to "Provide" Fire station.
As the term is used in this Agreement to impose on the
Developer a duty to provide a Permanent Fire station, it shall.
mean that Developer shall do the following:
8.6.1 Provide the funds for, or, at the option of the
J' '.3(,
Developer, plan, design, and construct, to the specifications
reasonably set and approved by the City, a two bay, 4,000 square
foot fire station facility.
8.6.2 Irrespective of whether the permanent fire
station is located in EastLake, Developer shall not be required
to purchase requisite apparatus, equipment and tools as herein
required. That is to say, the apparatus, equipment and tools
purchased as required in this Agreement for the temporary Fire
station shall be transferred to the Permanent Fire station upon
completion of said Permanent Fire Station.
8.7 City's Entitlement to Reimbursement for Land
Contribution.
Prior to the establishment of the Public Facilities DIF for
Fire Facilities, City negotiated with Developer for a one acre
permanent fire station site within the Eastlake-I Village Center.
This site was obtained by city in exchange for various project-
specific considerations granted by city. Having procured the
aforementioned one acre site for considerations of equal value,
and, having mutually agreed that a one acre site in the
Eastlake-I Business Park (the Temporary Site) is the preferable
site if a permanent fire station is constructed in Eastlake, City
and Developer agree that City shall receive reimbursement from
the Public Facilities DIF: Fire Suppression System Fund for
providing the requisite land, if the Temporary Site is used for
the Permanent Fire station.
9 PROCESSING OF ENTITLEMENTS
City and Developer agree to the following as a result of
Developer's reserving a site (the temporary site or other site
within EastLake as specified above) for the Permanent Fire
Station:
1. The Eastlake-I SPA Agreement provision and subsequent
map condition (Tentative Map No. 84-7, Condition No.
15, Resolution No. 11960) requiring the dedication of a
one-acre fire station site within the Eastlake village
Center has been waived.
2. city agrees to process at Developer's expense a SPA
Amendment for the Village Center Area which, if
approved, would convert the previous Open space/Public
Use designation of the one acre fire station site to a
commercial use designation. City'S agreement to
process the proposed amendment does not imply that said
SPA Amendment will be approved. Furthermore, such
processing shall be subject to all discretionary City
actions and public hearings as required and, if
necessary, environmental review.
I' - .J?
3. city agrees to process a SPA Amendment for the area
surrounding the Temporary Site. City's Agreement to
process the proposed amendment does not imply that said
SPA Amendment will be approved by city. Furthermore,
such processing shall be subject to all discretionary
City actions and public hearings as required. (See
Exhibit 7 for approximate boundary of the SPA
Amendment) .
10 ATTORNEY FEES
In the event of any dispute between the parties, the pre-
vailing party shall recover its attorney fees, and any costs and
expenses incurred by reason of such dispute.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the date first set forth.
City of Chula Vista
Developer
Mayor
Attest:
Approved as to form by:
City Clerk
Bruce M. Boogaard
City Attorney
11'3Y
Exhibit l.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
Exhibit List
The Lane Avenue site Plot Plan
Interim Fire station site Lease Agreement.
Preliminary design of the Interim Fire station
Site.
Building and site Improvements.
Furnishings, fixtures and equipment for the
Interim Fire Station.
section 4: "Developer Construction of various
Public Facilities," of City Ordinance '2320, which
established the Public Facilities Development
Impact Fee.
Approximate Boundary of the SPA Amendment for the
area surrounding the Temporary site.
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ORIGINAL
INTERIM FIRE STATION SITE LEASE AGREEMENT
Exhibit 2
THIS LEASE, dated as of
EASTLAKE DEVELOPMENT COMPANY, a California
("Landlord"), and THE CITY OF CHOLA VISTA,
tion ("Tenant").
, 1991, is between
general partnership
a municipal corpora-
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES
1.1 Premises. Landlord leases to Tenant and Tenant hires
from Landlord, on the terms, covenants and conditions hereinafter
set forth, that certain real property (the "Premises") situated
within the Eastlake Development in the City of Chula Vista,
County of San Diego, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated herein.
2 . :IEEH
2.1 Condition Precedent to Commencement of Term.
Notwithstanding any other provision contained herein the
commencement of this Lease and obligations hereunder shall be
expressly subject to a condition precedent that the Agreement
known as the "AGREEMENT FOR AN INTERIM AND PERMANENT FIRE STATION
IN EASTLAKE" (hereinafter "Agreement") is approved by the City
Council of the City of Chula Vista in accordance with their
procedures without modification except as accepted by Landlord.
Landlord's satisfaction with the Agreement shall be evidenced by
Landlord's execution of the Agreement in a manner provided for
therein.
2.2 ~. The term of this Lease shall commence upon
receipt of written notice from the City Manager of Chula Vista by
Eastlake Development Company that the Fire Station Improvements
to be constructed on the site are "Operational." For purposes of
this Agreement the station will be deemed Operational when it is
staffed by city of Chula Vista personnel and available for fire
suppression duties as provided in the notice. The Term as
provided herein shall end upon written notice to Eastlake
provided by the City of Chula Vista that the City has completed
or caused to be completed the construction of a permanent fire
station either within the confines of the property owned by
Landlord or otherwise.
/'-11
3. RENTAL
3.1 Rental. Tenant shall have a right in consideration of
the covenants contained in the AGREEMENT FOR AN INTERIM AND
PERMANENT FIRE STATION IN EASTLAKE to occupy the Premises free of
charge.
4. REAL PROPERTY TAXES
AND OWNERS' ASSOCIATION FEES
4.1 pavment of Real ProDertv Taxes and OWners' Association
~. Landlord shall pay all real property taxes when due and
payable. Landlord shall also pay any and all owners' association
dues or fees which may become due and payable on the Premises all
in accordance with the Agreement.
4.2 Credit for Taxes and Owner's Association Fees.
Landlord's payment of real property taxes and owners' association
dues or fees shall be subject to a credit against certain fees
owed by Landlord to Tenant, as more fully set forth in the Letter
of Understanding [defined below].
5. IMPROVEMENTS
5.1 ImDrovements. Landlord shall construct certain
improvements on the Premises (the "Improvements") as more fully
set forth in that certain AGREEMENT FOR AN INTERIM AND PERMANENT
FIRE STATION IN EASTLAKE, dated , 1992, by and
between Landlord and Tenant. Upon completion, Tenant, subject to
Tenant's complying with the requirements of the Covenants,
Conditions and Restrictions ("CC&Rs") shall have the right to
make any alterations, additions, utility and sign installations
or further improvements on the Premises without the prior consent
of Landlord. After the term of this Lease, Tenant shall have the
right to remove all Improvements. If Tenant fails to remove any
or all of the Improvements within ninety (90) days after the
expiration of the term of this Lease, such Improvements may be
disposed of in the manner set forth in the paragraph relating to
"DEVELOPMENT IMPACT FEE CREDITS" of the "Agreement".
6. MAINTENANCE AND REPAIRS
6.1 Tenant's Obliaation for Maintenance of Premises and
Imnrovements.
6.1.1 Good Order. Condition and ReDair. It shall
be solely the obligation of Tenant to keep the Premises and
Improvements in good repair and in a clean, sanitary condition
during the term of this Lease.
2
1'1- 'I J.
6.1.2 Condition Uoon Surrender. At the expiration
of this Lease, Tenant shall surrender the Premises, broom clean,
in good sanitary order, condition and repair, ordinary wear and
tear excepted. As provided in this Lease, Tenant shall have the
right to remove any and all Improvements on the Premises, in its
sole discretion, and shall repair any damage to the Premises
caused by such removal.
6.2 No Maintenance Resoonsibilitv for Landlord. The
parties intend that Landlord shall have no obligation, in any
manner whatsoever, to repair and maintain the Premises, nor the
7mprovements thereon, nor the equipment therein, all of which
obligations are intended to be that of Tenant. Tenant waives the
benefit of any statute now Qr hereinafter in effect which would
otherwise afford Tenant the right to make repairs at Landlord's
expense or to terminate this Lease because of Landlord's failure
to keep the Premises in good order, condition and repair,
including, but not limited, to California civil Code Sections
1932, 1933, 1941 and 1942.
7. USE OF PREMISES
7.1 Permitted Use. Tenant shall use the Premises solely as
a fire station and for emergency services, and shall make no
other use of the Premises except for fire station and emergency-
related services.
7.2 Protective Covenants. Tenant will (i) comply with any
covenants, conditions and restrictions affecting the Premises on
the Commencement Date, (ii) immediately give Landlord written
notice of receipt by Tenant of any notice of violation under any
protective covenants and (iii) indemnify and hold Landlord
harmless from any liability or costs (including attorneys' fees)
indirectly or directly arising out of Tenant's violation of any
of the protective covenants.
7.3 Utilities Costs. Tenant shall pay directly to the
appropriate supplier, the monthly cost of all natural gas, heat,
light, power, sewer service, telephone, water, refuse disposal,
and other utilities and services supplied including without
limitation any taxes or additional fees or charges levied upon
the provision of such services to the Premises.
8. HAZARDOUS MATERIALS
8.1 Prohibition of Hazardous Materials. Tenant shall not
cause or permit any hazardous material to be brought upon, kept
or used in or about the Premises by Tenant, its agents, employ-
ees, contractors or invitees without the prior written consent of
Landlord, which may be withheld in Landlord's sole and absolute
discretion. Tenant shall, at its own expense, at all times and
in all respects comply with all hazardous materials laws.
3
J9-1J
.
The term "Hazardous Materials" as used herein shall
mean any federal, state or local laws, ordinances, codes,
statutes, regulations, administrative rules, policies and orders,
and other authority, existing now or in the future, which
classify, regulate, list or define hazardous substances,
materials, wastes contaminants, pollutants, including without
limitation any legal authority, regulations, or policies relating
to or implementing such Hazardous Materials laws.
9. INSURANCE AND INDEMNITY
9.1 Liabilitv Insurance. Tenant shall procure and
maintain in full force and effect during the term of this Lease
comprehensive liability and property damage insurance to protect
against any liability to the public, or to any invitee of Tenant
or Landlord, arising out of or related to the use of or resulting
from any accident occurring in, upon or about the Premises with
limits of liability in an amount not less than Two Million
Dollars ($2,000,000.00) single limit liability. Such insurance
shall name Landlord as an additional insured thereunder. The
policy shall also insure performance by Tenant of the indemnity
provisions of section 9.2. The limits of said insurance shall
not, however, limit the liability of Tenant hereunder.
9.2 Tenant's Indemnification. Tenant shall indemnify,
protect, defend and hold Landlord, its agents, employees and
contractors, harmless from and against any and all liability for
injury to or death of any person, or loss of or damage to the
property of any person, and all actions, claims, demands, costs,
including without limitation, reasonable attorneys' fees, damages
or expenses of any kind arising therefrom which may be brought or
made against Landlord or which Landlord may payor incur by
reason of the use, occupancy and enjoyment of the Premises by
Tenant or any invitees, sublessees, licensees, assignees,
employees, agents or contractors of Tenant or holding under
Tenant from any cause whatsoever, including without limitation
any breach of the Hazardous Materials provisions set forth in
Section 10.1 of this Lease, other than negligent acts or
omissions by Landlord, its agents or employees. Landlord, its
partners, agents, employees and contractors shall not be liable
for, and Tenant hereby waives all claims against such persons
for, damages to goods, wares and merchandise in or upon the
Premises, or for injuries to Tenant, its agents or third persons
in or upon the Premises from any cause whatsoever other than the
negligence of Landlord, its agents or employees.
10. SUBLEASE AND ASSIGNMENT
10.1 Assianment and Sublease of Premises. Tenant shall
not, at any time, voluntarily or by operation of law, assign,
transfer (hereinafter collectively referred to as "assignment"),
sublet or otherwise transfer or encumber all or part of Tenant's
4
. )'J... o/tf
interest in this Lease or in the Premises. Any purported assign-
ment of Tenant's interest in this Lease shall be void and a
breach of this Lease.
11. DEFAULT
11.1
following
Tenant:
EVents of Default. The occurrence of any of the
shall constitute an event of default on the part of
11.1.1 Obliaations. Failure to perform any
obligation, agreement or covenant under this Lease, such failure
continuing for thirty (30) days after written notice of such
failure. If it is not possible to cure such default within
thirty (30) days, so long as Tenant shall commence a cure within
said thirty (30) day period and shall diligently prosecute
acomplete cure, Tenant shall not be in default. The thirty (30)
day written notice described above shall be served in accordance
with California Code of civil> Procedure Section 1162 and shall be
the same notice and in lieu of any other required by California
Code of civil Procedure Section 1161.
11.2 Remedies. In the event of any such event of default
or other breach by Tenant, Landlord may at any time thereafter,
with or without notice of demand and without limiting Landlord in
the exercise of any right or remedy which Landlord may have by
reason of such default or breach: (a) terminate Tenant's right
to possession of the Premises by any lawful means, in which case
this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord. In such event, Landlord
shall be entitled to recover from Tenant all damages incurred by
Landlord by reason of Tenant's default, including, but not
limited to (i) the cost of recovering possession of the Premises;
(ii) expenses of reletting, including necessary renovation and
alteration of the Premises, reasonable attorneys' fees and any
real estate commission actually paid; and (iii) any other amount
necessary to compensate Landlord for all detriment proximately
caused by Tenant's failure to perform its obligations under this
Lease or which, in the ordinary course of things, would be likely
to result therefrom and/or; (b) pursue any other legal or
equitable rights or remedies Landlord may have for Tenant's
breach of this Lease. Tenant's default under this lease shall
not constitute a default of the Agreement nor shall defeat City'S
rights under the Agreement unless Tenant's act or omission should
constitute a default under the Agreement. The remedies provided
in this section are not exclusive but supplemental to any such
other legal or equitable rights and remedies.
5
J'- '15-
12. ADDITIONAL COVENANTS OF TENANT
12.1 Adiustment in Taxes. Tenant shall cooperate with
Landlord in any manner necessary for the purpose of documenting
or otherwise evidencing the public use of the Premises in
connection with the adjustment of any real property taxes, .
including any special taxes or assessments.
12.2 Boundarv Line Adiustment. Tenant shall cooperate with
Landlord in any manner necessary in connection with the accep-
tance of a boundary line adjustment on the Premises or the
creation of a parcel map to more accurately fix the boundary
lines of the premises, either as may be required for the recor-
dation of an abstract of this Lease, as provided in Section 13.4
below, or as may be required for the dedication of the Premises,
as provided in the Agreement.
13. MISCET~~NEOUS
13.1 Notices. All notices, consents, waivers, payments or
other communications which this Lease requires or permits either
party to give to the other shall be in writing and shall be
deemed given when delivered personally or forwarded by registered
or certified mail, postage prepaid, to the parties at their
respective addresses as follows:
To Landlord:
EastLake Development Company
900 Lane Avenue, suite 100
Chula Vista, California 91914
Attn: Bruce N. Sloan
with a copy to:
Luce, Forward, Hamilton & Scripps
Attn: craig Beam
600 West Broadway, Suite 2600
San Diego, California 92101
To Tenant:
Fire Chief of the
city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
cc: Bruce M. Boogaard
City Attorney
or to such other address as may be contained in a notice from
either party to the other given pursuant to this Section. Rental
payments and other sums required by this Lease to be paid by
6
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Tenant shall be delivered to Landlord at Landlord's address
provided in this section, or to such other address as Landlord
may from time to time specify in writing to Tenant.
13.2 Litiaation Between Parties. In the event of any
litigation between the parties hereto arising out of this Lease,
the prevailing party shall be reimbursed for all reasonable
costs, including, but not limited to, reasonable accountants'
fees and attorneys' fees.
13.3 ~. Time is of the essence of this Lease and of
every term and condition hereof.
13.4 Abstract of Lease. The parties hereto shall record an
Abstract of this Lease in a form to be agreed upon by both par-
ties. The parties hereto agree to cooperate in the preparation,
execution, acknowledgment and recordation of such document in
reasonable form.
LANDLORD:
TENANT:
EASTLAKE DEVELOPMENT COMPANY, a
California general partnership
comprised of corporations
CITY OF CHULA VISTA
By:
Mayor
ifornia
Partner
Attest:
By:
City Clerk
I
By:
{1~ Z0
DAVID V, INC., a' a1ifornia
corporation, General Partner
Approved as to form by:
Bruce M. Boogaard
City Attorney
By: ~
Its: !'(J.....k:,J.
C:\DMS\HSM.DIR\7035465.WP
7
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EXHIBIT "A"
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Description of Leased Premises
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INTERIM FIRE STATlON..8
CIt.U. YIlT A. CALFOANIA.
1EAIT1.AK! DIVII.~ COMPANY
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LETTER OF UNDERSTANDING
FOR AN INTERIM FIRE STATION
IN EASTLAKE
EXlDBIT 4
The DEVELOPER shall build and provide CITY an ~terim Fire Station including:
1. Temporary modular building of approximately 1500 square feet for CITY use as an
interim fire station.
2. Said building shall consist of:
a. three (3) bedrooms; and,
b. two (2) 3/4 bathrooms; and,
c. common areas configured to include:
i. kitchen, including built-in stove; and,
ii. dining area; and,
iii. living room; and,
iv. private office; and,
v. public greeting area; and,
vi. exercise room, and;
vii. sufficient closet space and hose racks; and,
viii. all necessary wiring and audio devices for standard Fire Department tone
activated communications system.
3. An enclosed and covered truck-port with:
a. minimum dimensions of twenty feet (20') in width; and,
b. forty feet (40') in length; and,
c. doors with minimum clearance dimensions of fifteen (15') in width and twelve
feet (12') in height at both ends.
4. A covered patio to connect the modular building and truck-port:
a. patio covering shall afford CITY personnel well lighted, unobstructed truck-port
ingress and egress without exposure to rain.
5. The DEVELOPER shall provide all utility hook-ups:
a. water, sewer. gas, electric, telephone and cable television), landscaping.
6. The DEVELOPER shall provide all site work:
a. driveways, turnarounds and paved areas for staff parking, flagpole; and,
b. related street signagelsignaling (i.e. warning lights and/or signs).
lq --5tJ
LEITER OF UNDERSTANDING
FOR AN INTERIM F1RE STATION
IN EASTLAKE
EXIllBIT 5
F1RE PUMPER AND F1RE PUMPER EQUIPMENT
Qwmtity
1
1200 ft.
1000 ft.
1000 ft.
200 ft.
500 ft.
1
2
4
4
1
2
4
1
1
2
2
1
2
1
1
1
1
1
1
1
1
1
1
2
1
2
1
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1
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Daaipliml
Triple Combination Pumper - $223,762
4 inch hose - $9,327
2.5 inch hose - $2,080
1.75 inch hose - $2,000
1 inch booster line - $550
1 inch forestry hose - $550
Pager with charger - $500
Hose straps - $70
Self Contained Breathing Apparatus (SCBA) - $8,000
Spare oxygen SCBA bottles - $2,000
Mobile radios - $650
Portable radios - $1,750
Task force nozzles - $3,020
Booster line nozzle - $580
S-200 nozzle - $664
B-800 nozzles - $1466
Smooth bore nozzles - $100
Pike pole tool - $80
Axes - $90
Ram bar - $295
Halligan Tool - $120
Pry bar - $24
Sledge hammer - $27
Bolt cutters - $120
Persuader - $34
Box: miscellaneous tools - $400
Round point shovel - $45
Scoop shovel - $40
Metal rake - $56
Squeegees - $124
t40p - $15
Hall runners - $60
Corn broom - $13
Debris bag - $120
Smoke ejector - $460
Smoke eradicator - $15
/1-5/
1 Flood light - $145
1 50 ft. extension cord with adapters - $108
4 Hand lights - $480
2 Chock blocks - $70
1 Canteen - $23
1 Utility rope - $130
1 Life line - $130
8 Traffic cone - $40
1 Salvage cover - $55
8 Flares - $5
3 Quick fit devices - $75
1 Water vacuum - $1100
Nt A Assorted redwood plugs - $5
1 Pressurized water extinguisher - $100
1 Carbon Dioxide Extinguisher - $280
1 Dry chemical extinguisher - $125
1 Set of Run Cards - $15
1 1991 Thomas Bros. Map Book - $10
1 Knox Box key - $5
1 Domestic water key - $20
1 Pair binoculars - $80
1 Defibrillator and related supplies - $7,000
1 Resuscitator - $1,065
1 Medical Suction Unit - $590
1 Trauma Box and related supplies - $600
1 Spare oxygen bottles - $65
1 Ked Sled - $159
1 Backboard - $69
1 Hare traction device - $189
2 Hay hooks - $20
2 Double Male Adapters - $104
2 Double Female Adapters - $174
1 4" x 2.5" Adapter - $260
2 Spanner Wrenches - $29
1 Gated Wye - $345
1 2.5" x 1.5" reducer - $45
1 4" x 2.5" reducer - $160
1 1.5" x 1 "reducer - $38
1 4" hose clamp - $365
24 Mounting Brackets - $610
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FIRE STATION FURNISHINGS, FIXTURES AND EQUIPMENT
3 17 cubic foot, frost-free, refrigerators with ice makers - $ 2,400
1 Industria1 quality 4 burner stove with oven - $750
1 Dishwasher - $500
1 Microwave oven - $400
Nt A Assorted kitchen cookware and utensils - $500
6 Kitchen chairs - $300
1 Kitchen dinette table - $150
4 Heavy duty relining lounge chairs - $1,800
1 26" color television - $800
1 VCR - $400
3 End tables - $300
1 Office (mid manager quality) desk - $450
1 Office (mid manager quality) desk chair - $300
2 Side chairs - $350
3 4 drawer, letter size, locking, file cabinets - $600
1 mM compatible AT style Microcomputer - 2,500
1 NLQ printer - $500
4 Telephones, compatible with City phone system - $400
2 Floor lamps - $200
4 Beds, mattresses and box springs - $1,800
4 Night stands - $600
1 Air compressor - $550
1 Set of mechanics tools and box - $500
1 Lifecyc1e - $3,000
1 Bench/incline press - $500
1 Set of bar heUs, dumb heUs and 400 lbs of compatible weights - $300
1 Gas Lawnmower - $350
1 Gas Edger - $250
N/A MisceUaneous gardening tools - $150
N/ A Janitorial supplies - $300
1 Vacuum Cleaner - $200
1 Portable hose storage rack - $400
1 Hose Drying Rack - $1,200
1 Bunn Coffee Maker - $175
1 Gas Bar-B-Que - $200
1 Basketball Backboard, Rim, Net and Pole - $150
1 Flag Pole - $500
1 UFC and UBC books - $100
1 Principles of Fire Protection by: Cote and Bugbee - $48
1 Full set of NFC books - $ 500
1 Apparatus Manual notebook - $25
1 ICS 120 and 220 book - $40
1 Fire Investigation A & B notebook - $40
1 Wildland Firefighting Handbook - $30
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Webster Dictionary - $ 25
Fire Fighter Career Development Manual - $40
Driver/Operator Training Manual - $120
Pump Operator's Handbook - $20
Fire Command A & B notebook - $40
EMT Skills manual - $15
EMT pre-hospital care book - $35
CVFD Ropes and Notes book - $15
Fire Chiers Handbook - $35
Fire Apparatus and Procedures book by: Earvin - $35
Full set of IFST A books including study guide - S600
Hazardous Materials Information notebook #1 and #2 - $30
tq -$f'
FIRE FIGHTER EQUIPMENT
27 Flame resistant uniform pants - $945
9 Flame resistant jump suits - $900
18 Pairs fire fighter safety boots - $1800
9 Badges - $450
9 Name tags - $45
9 Fire fighter helmets - $1125
9 Fire fighter turnout coats - $2520
9 Fire fighter turnout pants - $1620
9 Fire fighter turnout boots - $585
9 Brush pants - $270
9 Brush jackets - $360
9 Nomex hoods - $100
9 Pair of fire fighters gloves - $180
9 Folding spanner wrenches - $324
9 10 ft sections of tubular webbing - $75
1 Box of yellow chalk - $5
9 MSA SCBA masks - $800
9 Canvas bags for brush and SCBA gear - $180
9 CVFD Operations Manuals - $90
9 IFSTA "Fire Fighter Essentials" book - $180
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ORDINANCE NO. 2320
AN ORDINANCE OF THE CITY OF CHU~A VISTA,
CAlIFORNIA ESTABLISHING A DEVELOPMENT IMPACT FEE
TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA
WHEREAS, the City's Genera' Plan Land Use and Public Facilities
Elements require that adequate public facilit.ies be available to acclllllllOdate
fncreased population created by new development. and
WHEREAS, the City Council has determined that new development ~thin
the City of Chula Vista will create adverse fmpacts on the City's existing
public facilities which must be mitigated by the financing and construction of
certain public facilities fdentified fn this ordinance. and'
WHEREAS. the City Council has determined that a reasonable means of
financing the pUblic faci.lities fs to levy a fee on all developments in the'
City of Chula Vista. and
WHEREAS. the fee has been justified by the report entitled. .Report
on Supplemental Development Impact Fee for Public Facilities. dated June 1989
and prepared by the Budget Officer of the City of Chula Vista. and
WHEREAS. the report and various other reports show that the City's
public facilities will be adversely impacted by new developments within the
City unless public facilities are improved or constructed to accommodate the
new development. and
WHEREAS, developers of land' within the City' should be required to
mitigate the burden created by development through the construction or
improvement of public facilities within the boundaries of the development. the
construction or improvement of public facilities outside the boundaries of the
development which are needed to provide service to the development in
accordance with City standards and. the payment of a fee to finance a
development's portio~ of the total cost of the public facilities. and
. WHEREAS. all development within the City contribute to the cumulative
burden on various public facilities fn direct relationship to the amount of
population generated by the development or the gross acreage of the commercial
or industrial land in the development, and
WHEREAS. on August " 1989, City Council held a duly noticed ..eting'
at which oral or written prese~tations could be ..de, and
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WHEREAS. the City Council determined~ based upon the evidence
presented at the meeting, the City's General Plan and the various reports and
other information received by the City Council fn the course of fts business.
that fmposition of the public facilities development impact fee on all
developments as indicated in Attachments B through G in the City of Chula
Vista for which building permits have not yet been fssued fs necessary in
order to protect the publiC safety and welfare in order to ensure effective
implementation of the City's Gene~al Plan. and
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WHEREAS, the City Council has determined that the amount of the fee
levied by this ordinance does not exceed the estillll'ted cost of providing the
public facilities.
NOW, THEREFORE, THE' CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
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SECTION 1: Establishment of Fee.
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el) A development fmplct fee fn the amOunts set forth fn attachments
8 through 6 is hereby establfshed to pay for various publfc
facilities within the City of Chula Yista. The fee shall be
paid before the issulnce of building permits for each
development project within ,the City of Chula Yista IS indicated
by Attachments B through 6. The fee shall be deposited fnto a
public facility financing fund which is hereby created Ind shall
be expended only for the purposes set forth fn the this
ordinance. The Director of Finance is luthorized to establ ish
various accounts within the fund for the various improvements
and faci1fties identified in this ordinance and to periodically
make expenditures from the fund for the purposes set forth
herein in accordance with the facflitfes phasing plan or capital
improvement plan adopted by the City Council. The City Council
finds that collection of the fees establfshed by this ordinance
at the time of the building permit is necessary to ensure that
funds will be available for the construction of facilities
concurrent with the need for these facilities and to ensure
certainty in the capital faci If ties budgeting for growth
impacted public facilities.
(b) The fee established by this section fs fn Iddition to the
requirements fmposed by other City laws, policies or regulations
relating to the construction or the financing of the
construction of public improvements within subdivisions or
developments.
(c) The fee" for each development shall be calculated It the time of
building permit application and 'shall be the amount IS fndicated
at that time and not when the tentatfve IIIp or final IIIp were
granted or Ipplied for, or when the buflding permft plan check
was conducted. Each sfngle family detached dwelling, single
family attached dwellfng, or unft within a multi-family dwelling
shall be considered one EDU for purposes of this fee. Each'
commercial project shall be charged It the rate ,of 10 EDU's per
gross acre and each industrial project shall be charged It the
rate of 6 EDU's per gross Icre. The charges shall be those
outlined in Attachments 8 through 6.
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(d)
The Cfty Councfl shall annually revfew. the amount of the fee.
The Cfty Councfl IIIIY adjust the amount of this fee as necessary
to reflect changes fn the Engfneerfng-News Record Constructfon
Index, the type, sfze, locatfon or cost of the various public
facflfties to be ffnanced by the fee. changes in land use
desfgnattons in the Cfty's' General Plan. and upon other Sound
engfneerfng, ffnancfng and plannfng informltfon. Adjustments to
the above fee .~ be made by resolutfon amendfng the Mister Fee
Schedule.
The fees collected shall be used by the Cfty for the following
purposes as determfned by the Cfty Councfl: .
'1. To p~ for the constructfon of facflities by the Cfty, or
to refmburse the Cfty for facflftfes instilled by the Cfty
with funds from other sources.
2. To reimburse developers who have been required by Sectfon
4(1) of this ordfnlnce to fnstall approved vlrfous public
flcilities listed fn Section 3.
3. To reimburse developers who have been permitted to fnstall
improvements pursuant to Section 4(b) of this Ordinlnce.
SECTION 2: Definitions.
For the purposes of this ordinance, the following words or phrases
shall be construed as defined fn this Section. unless from the '
context it appears thlt a different melning fs intended.
(I) -Building Permit- melns a permit 'required by and fssued pursulnt
to the Uni form Bufl dfng Code IS adopted by reference by this
~~ . .
(b) -Developer- melns the owner or developer of a development.
ec) -Development Permit- melns any discretionary permit. entitlement
or Ipproval for a development project issued under any zoning or
subdivision ordinlnce of the City.
(d) -Development ProJect- or -Development- ..ans a~ activity
described in Sectign 65927 and 65928 of the State 60verlllllent.
Code. '
(e) -Supplemental Development Impact Fee Report- .Ileans that the
-Report on Supplementll Development Fee for Public Facflities-
report preplred by the Budget Officer of the City of Chul. Yista
dlted June 28. 1989. and on ffle fn the Office of the City Clerk.
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SECTION 3: Public Facilities to be Financed by the Fee.
Ca) The various public facilities to be financed by the fee
established in this ordinance are:
1. .Expansion of the Chula Yista Civic Center.
2. Remodeling of the Police.facility.
3. Construction of a flew corporation yard in the Eastern
Terri tori es.
4. 'Construction of two new libraries east of I-B05.
5. Expansion of the Fire Suppression system.
.6. Geographic Information System.
Cb) The City Council may modify or amend the list of projects in
order to maintain compliance with the City's General Plan or the
Capital Improvement Program.
SECTION 4: Developer Construction of Yarious Public Facilities
Ca) Whenever a developer of a development projeet would be required
by application of City law or policy as a condition of approval
of a development permit to construct or finance the construction
of a portion of a public facil ity identified in Section 3 of
this ordinance. the City Council _ay impose an additional
requirement that the developer install the improvements with
supplemental size or capacity in order to ensure efficient and
timely construction of the pUblic facilities listed in this
ordinance. If such a requirement is imposed. the City Council
shall. in its discretion. 'enter into a reimbursement agreement
with the developer or give a credit against the fee otherwise
levied by this ordinance on the development project or some
combination thereof.
(b) A developer may request authorization from the the City Council
~ construct one or ~re of the facilities listed in Section 3.
Cc) Whenever a developer requests reimbursement or a credit against
fees for work done or paid by the developer under subsections
Ca) or Cb) rif this section. the request shall be submitted in
writing to the City Council before COlllllencement of the work.
The request shall contain the following information and if
. granted. shall be subject to the following conditions:
1. Detailed descriptions of the project with the preliminary
cost estillllte.
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Requirements of developer:
preparation of plans and specifications for approval
by the City:
. secure and dedfcate any rigM-of-way required for the
project; . .
secure all requireCl permits, envirollllental clearances
necessary for construction of the project;
provisfon of performance bonds (where the developer
intends to utilize provisions for fllllledfate credit,
the perfonnance bond shall be for 100 percent of the
value of the project);
- payment of all Ci~ fees and costs.
The City will not be responsible for any of the costs of
constructing the project. The developer shall advance all
necessary funds to construct the project.
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The developer shall secure at least three (3) qualffied
bids for work to be done. The construction contract shall
be granted to the lowest qualffied bidder. If qualfffed,
the developer Ilay agree to perform the work at a price
equal to or less than the low bid. Any claims for
additional payment for extra work or charges during
construction shall be justified and shall be documented to
the satisfaction of the Director of Publfc Works.
The developer shall provide a detailed cost estimate which
itemizes those costs of the construction attributable to
the Public Facility Construction and excludes any work
attrfbutable to' a specific subdivision project. The
estimate is prelfminary and subject to final determination
by the Director of Publfc Works upon completion of the
Public Facility Project.
Upon approval of the estimated cost by the Director of
Publfc Works, the developer shall be entitled to iarnedfate
credit for 75 percent ~f the estimated cost of the
construction attributable to the Publfc Facilfty
Construction. The illlllediate credits shall be applfed to
the developers' oblfgatfon to pay' fees for building permits
issued after the. establfshment of the credft.. The
developer s~ll specify these building permits to which the'
credit is to be applied at the time the developer submits
.the buflding permit applications.
If the developer uses all of the 75 percent innediate
credft before final completion of the public facili.~. then
the developer Ilay defer p~nt of Development Impact Fees
for other building permits by providing to the Ci~ liquid
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7.
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security such IS cash or In irrevocable letter of credit,
but not bonds or set-Iside lettrrs, in In lmount equal to
the remaining 25 percent of the estiuted cost of the
public facility. '
8. When III work has been completed'to the satisfaction of the
City, the developer shall submit verification of payments
...de for the construction of the project to the City. The
Director of Public Works shill IIIIke the final determinltion
on expenditures which Ire eligible for credit or cash
reimbursement.
9. After final determinltion of eligible expenditures has been
made by the Publfc Works Director the final IlllOunt of
Development Implct Fee credits shah be determined. The
developer shill receive credit Iglinst the deferred fee
obligation in In Imount equal to the difference between the
final expenditure determination Ind the amount of the 75
percent imediate credit used if Iny. The amount of the
deferred fee obligltions shill be blsed upon the fee
schedule in effect at the time of the final credit
determination. The Director of Public Works shall convert
the credit to an EDU basis for residentill development
Ind/or I Gross Acre basis for cOlllllercill or industrial
development. The City shall notify the developer of the
final deferred fee oblfgation, Ind of the Imount of the
Ipplfcable credit. If the amount of the Ipplfcable credit
is less than the deferred fee obligation, then the
developer shall have thirty (30) days to PlY the deferred
fee. If the deferred fees Ire not paid within the
thirty-day period, the City lIay lIake I demand Iglinst the
lfquid security Ind Ippl,)' the proceeds to the fee
oblfgation.
10. The developer will receive the credit against required
Development Impact .Fees incrementllly It the time building
permits Ire issued for the developer's project.
If the total construction cost Imounts to. 1I0re thin the
total Development Impact Fees which will be required for
the developer's project, then the lmount in excess of
Development Implct Fees will be paid in clsh when funds Ire
available _ IS determined b,)' the City Mlnlger, I
reimbursement agreement will be executed; or the developer
lIay waive reimbursement and use the excess IS credit
against future Development Implct Fee obligations.
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SECTION 5: Procedure for Fee Waiver or Reduction:
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Any developer who. because of the nature or type of uses proposed for
a development project. contends that application of the fee imposed
by this ordinance is unconstitutional or unrelated to lIitigation of
the burdens of the development. Ilay. apply. to the City Council for a
waiver or reduction of the fee. The application shall be IIIde in
writing and filed with the City Clerk not later' than ten nO) days
after notice of the public hearing on the development permit
application for the prOject fs given. or ff no development permit fs
required. at the time of the fil fng of the building pemit
application. The application shall state in detail the factual basis
for the claim of waive or reduction. The City Council shall consider
the application within sixty (60) days after fts filing. The
decision of the City Council shall be final.' If a reduction or
waiver is granted. any change fn use within the project shall subject
the development to payment of the fee. The procedure provided by
this section 15 additional to any other procedure authorized by law
for protection or Challenging the fee imposed by this ordinance.
SECTION 6: Exemptions.
Development projects by public agencies shall be exempt from the
provisions of the fee if those projects are designed to provide the
public service for which the agency is charged.
SECTION 7: Assessment District.
If any assessment or spechl taxing district 15 established for any
or all of the facilities listed in Section 3. the owner or developer
of a project may apply to the City Council for a credit against the
fee fn an amount equal to the development's attributable portion of
the cost of the authorized improvements as determined by the Director
of Public Works plus incidental costs normally occurring with the
construction project but ex~luding costs associated with Assessment
District proceedings or financing.
SECTION 8: Expiration of this Ordinance.
This ordinance shall be no further force and effect when the City
Council determines that the amount of fees which had been collected
reaches an amount equal t.o th~ cost of the public facilities or
reimbursements. :
SECTION 9: Time Limit for Judicial Action.
~ Judicial action or proceeding to attack. review. set aside. void
or annul this ordinance shall be' brought within the time period as
established by Government Code Section 54995 after the effective date
of this ordinance.
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SECTION 10: [ffectfve Date.
Pursuant to Government
become .ffecthe sfxty
adoptfon.
Presented by
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Budget Offfcer
IlPC 2869A
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Code Sectfon 65962. thfs ordfnance shall
(60) days after its second readfng and
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Existing EastLake 1 Boundary -.. _
Proposed Amendment Area JIj/~~t1
EXHIBIT 7
PROPOSED EASTLAKE SPA AMENDMENT
LOCATION MAP
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ,,< t)
Meeting Date 03/17/92
Resolution: I'~~~ring into an agreement with the Sweetwater
Union High School District and the Chula Vista Boys and Girls Club
for the operation and maintenance of t~ Community Youth Center
Director of Parks and Recreatio~,
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City Manager' 11 (4/5ths Vote: Yes_No--L)
Ii REFERRAL #2462
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SUBMITTED BY:
REVIEWED BY:
At the September 17, 1991 Council meeting, staff was directed to negotiate and bring
back an operat i ng agreement for the Commun i ty Youth Center. Spec ifi ca lly, it was
Council's intent to allow the Boys and Girls Club of Chula Vista to utilize the
facility a majority of time when it is not in use by the School District. In this
agreement, there would also be opportunities for other community uses by the Parks
and Recreat ion Department and Commun ity organ izat ions. Staff has negot i ated an
agreement that is acceptable to the School District and the Boys and Girls Club.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to execute
the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BOYS AND GIRLS CLUB RECOMMENDATION: The Board of Directors of the Boys and Girls Club
approved this agreement on January 22, 1992.
SWEETWATER UNION HIGH SCHOOL DISTRICT BOARD RECOMMENDATION: At their meeting of
February 27, 1992, the School Board approved the agreement.
DISCUSSION: The construction of the Community Youth Center is finished and
preparation for its grand opening is scheduled for March 27. Since September 17 of
last year, staff has conducted negotiations with representatives from the Boys and
Girls Club and the Sweetwater Union High School District for the operation and use
of the facil ity. The Community Youth Center is 17,000 sq. ft. and includes a
gymnasium, a dance room, a multipurpose room, large lobby area and office space.
Existino Ground Lease and Joint Use Aoreement
.
At present, a lease agreement exists between the City and the School District. The
lease entitles the City to use Chula Vista High School property for 40 years. In
turn, the City compensates the High School District one dollar per year, provided
the District is allowed joint use of the building for school related activities during
certa i n schoo 1 hours, 1 imited even i ng hours, and certa i n times duri ng the summer.
The hours designated for District use will be decided annually by mutual agreement
between the City and the School District (See Exhibit "A" for specific terms of the
Agreement).
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Item .i{ 0
Meeting Date 03/17/92
Proposed Community Youth Center Operatina Aareement
The operating agreement basically acknowledges the previously mentioned ground lease
and joint use agreement, delineates organizational responsibilities, and establishes
terms and conditions of use. (See Exhibit "B") Furthermore, the agreement sets forth
a mutual understanding of programs and facility use between the previously mentioned
parties.
In summary, the proposed agreement contains the following salient terms and conditions:
a) Club Time. By virtue of definition of Club time, the Club is allowed to
operate the facility on all weekdays, including Friday nights.
b) Licensing. The net consequence of the licensing provided in the agreement
is that the Club can operate the facility on school days between 6:30 am and
8:30 am; and 2:30 pm and 8:30 pm, except for after school programs in the gym
to 4:30 pm. City may pre-empt Club time to accommodate changes in school day
or school year, and for City special functions.
c) Term. The ending date for the initial term for the agreement is June IS,
1993. The City Council will, between January and April of 1993, and for each
extens ion peri od thereafter, rev i ew Club I s operat ion and ma i ntenance
responsibilities. In the event that the City is satisfied with the performance
of the Club to the date of review, City Council shall extend the license for
one year increments, but in no event may the contract be extended, in total,
beyond three and one-half (3-1/2) years. Any Extension Agreement may contain
additional terms and conditions that are mutually agreeable to all parties.
d) Purpose of Use. The Club is constrained to use the facility for youth or
community serving purposes, and not for any other purpose.
e) Programming. The Club will institute an interim program immediately
pursuant to an Interim Programming Plan which must be submitted within two
weeks of the execution of this Agreement. In the meantime, the Club and the
City wi 11 be preparing a "Needs Survey" to determine what type of programming
is needed in the faci 1 ity (20 days to prepare and 20 days to conduct the
survey). Thirty days after the Needs Survey is complete, the Club must present
a Permanent Program Plan to address the needs determined by the survey. The
City Manager has the right to determine whether programming is appropriate.
Staff estimates the Permanent Program Plan will be available for review in
July.
f) Meetings. The agreement provides for quarterly meetings which all parties
are requ i red to attend and discuss the needs they have for the fac i 1 ity.
Provisions will be made to require each party to make concessions to advance
the interests of the community.
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Item In
Meeting Date 03/17/92
g) Other Facility Uses. If time slots are not claimed by all affected
parties, the Club is to entertain requests from community groups for the use
of the facility during the Club time. This is the Master Calendaring Duty.
They also have to post a calendar of such time as committed to the City,
District, Club or other Community groups.
h) Club has the authority to rent their time in the facility to third parties,
but only at "non-profit" rates to non-profit community group, and at "profit
rates" to a 11 others. The prof i t component of such th i rd party "prof it"
rentals is to be split with the City on a 50-50 basis. City has full audit
rights.
i) Insurance. Each party must, at their own expense, throughout the term of
the agreement maintain an "occurrence" public liability policy in the amount
of not less than one million dollars ($1,000,000)*.
j) Operational costs. Each party must get their own telephone and lock it.
Other utility costs, and maintenance and minor repair costs are split on the
basis of 40% (District); 40% (Club); and 20% (City). Major repair and
improvements agreed to between the City and District are paid for by the party
causing same, unless insured; but, if not attributable to a party, then they
will be split under a method by which the City and District absorb most of the
cost, and the Club bears a much smaller portion.
k) Detainer. City can pursue unlawful detainer against the Club for any
breach of the agreement.
Citv Costs - Maintenance. Minor Repairs and Utilities
The City and School District estimated the cost for building maintenance and minor
repairs. This estimate includes start-up and ongoing costs for custodial services,
grounds maintenance, and minor repairs. For example, there will be start up cost
needed for custodial and maintenance supplies such as light fixtures, trash cans,
restroom supplies, paint for graffiti abatement, fire extinguishers, blower, etc.
In addition, Public Works staff has identified the need to repair window breaks and
replace door hardware.
*The Club's Board and staff were adamantly opposed to a $5 million liability policy,
naming the City as additional insured because the cost would be prohibitive. The Club
had informed staff that a $5 million dollar policy would cost them about $5,000 a
year.
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Item J.O
Meeting Date 03/17/92
Under the proposed agreement the School District will provide all maintenance to the
facility which includes all custodial services, grounds maintenance, and graffiti
abatement. This arrangement was agreed upon in 1988 when the original ground lease
and joint use agreement was approved by Council. The District shall advance all costs
for maintenance and bill each party quarterly in arrears for each party's
proportionate share. Furthermore, the proposed agreement identifies the City as the
responsible party for utility costs. The City shall advance all utility costs and
bill the District and the Club on a quarterly basis, as well.
Per the proposed agreement, a cost sharing formula utilizing the "Common Pot Gross
Method" of 40% School District, 40% Boys and Girls Club, and 20% City was used to
calculate each party's financial responsibility. The City's share of the costs for
maintenance, repairs and utilities is estimated at $5,595 for the remainder of FY
91/92, (Exhibit "c" - Shared Maintenance, Repairs and Utility Costs Between Agencies)
and $14,787 for FY 92/93 (Exhibit "0" - Common Pot Gross Method for FY 92/93).
Citv Cost - Ma.ior Repairs
For costs exceeding a $2,500 threshold, (which constitutes major repairs), a "Capital
Method" was dev i sed for th i s agreement. Under th i s cost category, Pub 1 i c Works Staff
identified the need to refinish the gym and dance floor on an annual basis. Utilizing
the "Capital Method" the City's shared cost for the annual floor refinishing FY 92/93
is $1,508 (See Exhibit "E").
City Proqramminq Costs
Under the proposed agreement, the City will operate Recreation programs on Saturday
and Sunday. Programs wi 11 be conducted on an annua 1 bas i sand inc 1 ude youth
basketball, volleyball, soccer, floor hockey, etc. The use of the Community Youth
Center will help relieve the impacted scheduling and use at Parkway Gymnasium. For
example, the youth basketball program has grown from 150 youngsters in 1987 to 720
participants in 1992. The need for practice sites, game sites and tournament play
has affected the use of the main gymnasium and Parkway Center gymnasium by the general
public.
Other youth programs in high demand are volleyball, tumbling/gymnastics, and dance.
In total, the Department has served 900 junior and senior high school age youths this
fiscal year. Of this amount, about 115 teens have been turned away because of lack
of space to schedule additional teams. By using the Community Youth Center on
weekends, a constra i ned schedu 1 ing cond it ion at the Parkway Gymnas i um wi 11 be
relieved. The Club has agreed to allow use of the facility, by the City, on weekends.
The cost to operate City programs at the Center for the remainder of FY 91/92 will
be $8,087. Approximately, $17,230 will be needed to operate weekend programs during
FY 92/93, subject to review during the budget process for next fiscal year. These
figures include part-time personnel, benefits, supplies and equipment. An itemized
breakdown of these figures is included as Exhibit "F" (Weekend City Program Costs).
Iythctr.new]
4
'?tJr,/
Item .,2. ()
Meeting Date 03/17/92
SUMMARY OF FISCAL IMPACT: Total City costs are $13,682 for FY 91/92 and approximately
$32,017 FY 92/93.
Since the original lease and Joint Use Agreement and the proposed operating agreement
stipulate that the City will advance all utility costs and major and minor repair
cost, the City will need to budget for these expenses. It must be noted that a
proportionate share of these expenses will be captured at the end of each year through
the reimbursement schedules noted in the agreement. Actual City costs and required
budgeted amounts are summarized in Exhibit "G" (Summary of City Costs FY 91/92 and
FY 92/93).
Should Council wish to forego the proposed city recreational programming on weekends
at the Center, staff would need to return to the negotiating table with the Club and
the School District in order to re-allocate the City's 20% share of costs of operating
the Center.
On September 17, 1991, the Counci 1 amended the FY 91/92 budget and appropriated
$118,300 in funds which was to be allocated to the operation of the Youth Center
should the City institute full programming. Should Council approve the proposed
Community Youth Center Operating Agreement, and accept the staff's recommendation for
the City to have recreational programming at the Center on weekends, the FY 91/92
costs of $13,682 have been appropriated. No further appropriation action by the
Council is necessary for FY 91/92.
t1.H/8/r5 H - E NO" ..s~I9/oJICJE/)
[ythctr.new] 5
.;J.IJ rf /).0--6
RESOLUTION NO.
1~5~.s-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE
CHULA VISTA BOYS AND GIRLS CLUB FOR THE
OPERATION AND MAINTENANCE OF THE COMMUNITY
YOUTH CENTER, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, at the September 17, 1991 Council meeting, staff
was directed to negotiate and bring back an operating agreement for
the Community Youth center to allow the Boys and Girls Club of
Chula vista to utilize the facility a majority of time when it is
not in use by the School District; and
WHEREAS, in this agreement, there would also be
opportunities for other community uses by the Parks and Recreation
Department and Community organizations; and
WHEREAS, staff has negotiated an agreement that is
acceptable to the School District and the Boys and Girls Club.
NOW, THEREFORE BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an agreement with the
Sweetwater Union High School District and the Chula vista Boys and
Girls Club for the operation and maintenance of the Community Youth
Center, known as Document No. C092-44, a copy of which is on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula vista.
Presented by
Bruce M.
Attorney
City
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\Youth Center
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Exhibit A
t
l
~.
GROUND LEASE AND JOINT USE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT
REGARDING YOUTH FACILITY AT CHULA VISTA HIGH SCHOOL
THIS GROUND lEASE AND JOINT USE AGREEMENT is entered into on
this l,t day of !fptember , 1988, between the CITY OF CHULA VISTA,
hereina ter referre to as .Cfty", and the SWEETWATER UNION HIGH SCHOOL
DISTRICT, hereinafter referred to as "District".
RECITALS
WHEREAS, a need for community youth activity facilities exists in the
neighborhoods of western Chula Vista which is of concern to both the City and
the District; and,
WHEREAS, the discontinuance of the Boys' Club facility at 495 "I"
Street in Chula Vista to accolllllodate expansion/renovation of the Chula Vista
Shopping Center will further exacerbate that need; and,
WHEREAS, funds exist under the control of the City which can be used
for the provision of a youth facility to replace said Boys' Club facility; and,
WHEREAS, a site exists on the campus of Chula Vista High School which
could accommodate such a youth facility; and,
."
WHEREAS, the development of such a facility at said site would create
an opportunity for use which would be of benefit to the District and to the
District's students; and,
WHEREAS, the development of such a facility at said site would
enhance the community youth activity facilities for western Chula Vista
desired by the City.
WITNESSETH:
This a9reement is made upon the following terms and conditions:
. The term of this Ground Lease and Joint Use Agreement shall comnence on
the 1st day of Setember ,1988, and shall expire on the 1st day
of Seotember ,"202. By mutual a9reement of the City and the D1Strict,
this agreement may be extended for an additional twenty years with the same
terms and conditions through written notification of the District by the City.
~.q
A. GROUND LEASE
~
1. Ground Lease: District does hereby rent unto City and City
rents from District that certain real property situated in the
City of Chula Vista, State of California, and commonly described
in Exh~bit "A" hereto attached.
~nsation: City shall pay to the District as and for the
rental of the property sUbject to this agreement the sum of
$1.00 per year for each and every year so long as tenancy
continues. Each installment of rental shall ,be paid in advance
on the anniversary date of the execution of this agreement to
the Sweetwater Union High School Dhtrict, 1130 Fifth Avenue,
Chula Vista, California 92011.
2.
3.
Remedy: If any rental s shall be due or unpai d, or if default
shall be ~ade in any of the provisions otherwise contained
herein on the part of the City to be observed and performed,
District may exercise any and all remedies provided by law or
equity by reason of such default, including' the right at
District's option of terminating this tenancy.
4.
Events of Default: The failure or omission of District to
termlnate thlS lease for any violation of aOny of its terms,
conditions, or covenants, shall in no way be deemed to be a
consent by District to such violation and shall in no way bar,
stop, or prevent District from terminating this lease
thereafter, either for such or for any subs,quent violation of
any such term, condition or covenant. The acceptance of rent
hereunder shall not be or be construed to be a waiver of any
term, covenant or condition of this lease.
B. DESIGN, CONSTRUCTION, AND DISPOSITION OF IMPROVEMENTS
1. Youth Facility: The City shall construct a youth facility on
the Chul a VlSta High School campus on the property subject to
Ground Lease under Section A above, that youth facility to be
approximately 14,000 square feet of bUilding space with
associated parking. The facnity is conceptually planned to
include a gymnasium with one standard-size main basketball court
Ind two practice basketball courts perpendicular to main court,
In administrative office, two Ictivity/craft rooms, one of which
would be equipped to accommodate dance classes, and boys I and
girls' restrooms.
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2.
Facil it{ Design and Construction: Subsequent to consultati on
among he 01strlct, the Clty, and potential youth service
provider tenants, included at the option of the City, the youth
facility will be designed at no cost to the District by a
Qualified architect. In addition to review and approval by the
City Design Review Committee and the City Council, the design
shall be sUbject to approval by the District. In addition to
all regular City approval processes, the construction plans
shall be subject to the approval of the State architect and be
in conformity with the State Educational Field Act.
Upon termination of the ground lease and any extensions of that
lease, all property improvements remaining on the property shall
become the property of the District.
3.
C. JOINT USE
1 . Use
~ty: The City or its facility lessees shall have full use of
e facil ity during all non-school hours except as otherwise
agreed upon. The City or its lessees shall also have use of the
facility during school hours only for administrative functions
related to the facility and for maintenance functions other than
custodial, routine or emergency. Notwithstanding the above, all
types of uses by the City would be subject to all California
State Educational Code sections regarding use of school
facilities and would be subject to District approval, that
approval not to be unreasonably withheld by the District.
District: The District would have full use of the facility
during school hours. As mutually agreed upon by the City and
the District, the District may also use the facility during
certain after-school hours and certain hours of the day during
summer vacation. It is anticipated that the District will
desire to conduct athletic team practices and intramural
athletic competition in the facility during after-school hours.
Notwithstanding the above, all types of uses by the District
would be subject to City approval and would be limited to those
approved by the City as not physically detrimental to the
facility.
General:
D1Strlct
politi cal
functions
beverages.
Prohibited types of uses for both the Agency and the
would include, but not be limited to, partisan
functions, denominational religious services, and
involving the serving or consumption of alcoholic
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.School hours. shall be defined as constituting from the opening
to the closing of the regular session school day at Chula Vista
High School, from 7:30 a.m. to 2:25 p.m., Monday through Friday,
~ from September 12 to June 22. If those school hours are amended
in the future, any alteration of the hours or dates of full use
of the facility by the District to correspond to those altered
school hours shall be subject to mutual agreement by the City
and by the District.
2. Scheduling of Use
a. School Year: Use of the facility by the District during
the regular school year (September through June) shall be
scheduled annually by mutual agreement of the City Director of
Parks and Recreation, the District Director of Support Services,
and the Chula Vista High School Principal no later than the
preceding May 1.
b. Summer School: Use of the facility by the District during
Summer School (June through August) shall be scheduled annually
by mutual agreement of the City Director of Parks and
Recreation, the District Director of Support Services, and the
Chula Vista High School Principal no later than the preceding
April 1.
3. Custodial Services: The District shall provide all custodial
services for the subject facility and shall "maintain" the
facility at all times in a clean, orderly alJ.d usable condition.
"Custodial Services" shall mean cleaning the facility, restoring
it daily to an orderly condition, and making minor repairs in
order to maintain the day-to-day serviceability of the faCility.
The City shall be responsible for the cost of custodial services
for the subject facility in an amount proportionate to the use
by the City and its facil ity lessees. The City shall reimburse
the District on an annual basis in arrears for the custodial
services for which the City is responsible and which the
District has provided. The City's proportionate share shall be
determined annually by mutual agreement of the City Director of
Parks and Recreation, the District Director of Support Services,
and the Chula Vista High School Principal and shall be based on
records of usage maintained by the City and the District.
Reimburser.Jent to the District shall be based on actual rate of
cost to the District for custodial services for the SUbject
facility. The District shall be responsible for the cost of
custodial services related to its use of the facility.
The District shall make the Agency illr.lediately aware of any
deficiencies in the facility which are observed by the
District's custodial staff and which could have a detrimental
-4-
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effect on the condition or longevity of the building or
equipment or fixtures within the facility or which could pose
heal th or safety hazards to facil i ty occupants or the general
, public.
,
'-
4. General Maintenance and Replacement: The City shall be
responsible for general maintenance and replacement of the
facility for the term of this agreement. The District shall be
responsible for reimbursement to the City for the cost of
general .aintenance and replacement of the facility where use by
the District or its agents or lessees causes damage or excessive
wear and tear IS mutually agreed upon by the City Director of
'arks and Recreation. the District Director of Support Services,
and the Chula Vista High School Principal. Such reimbursement
shall be IIIde within 30 days of notification of the District by
the City following general maintenance or replacement.
5. Utilities: The City shall contract for utility services of gas,
electric. water and sewer for the facility. and shall be
responsible for payment of util ity charge bill ings. Util ity
service costs shall be shared by the City and the District
proportionate to respective facil ity usage. The proportionate
shares shall be determined annually by mutual agreement of the
City Director of Parks and Recreation, the District Director of
Support Services. and the Chula Vista High School Principal and
shall be based on records of usage maintained by the City and
the District. The District shall reimburse the City on an
annual basis in arrears for the designated proportionate share
of utility costs.
D. GENERAL PROVISIONS
1. Indemnification: City and District agree to indemnify and save
free and harmless each other and each other's authorized agents,
officers. and employees or the City's sublessees against any
liabilities and any costs and expenses incurred by either party
or their authori zed agents, officers. and employees on account
of any claim or lawsuits arising from use of the property or
facility. This provision is intended to share any potential
liability arising out of use of the faCility as provided in
Government Code Sections 895.4 and 895.6. The City will
indemnify and save District free and harmless from all claims
arising from construction of the joint use facility. including
but not limited to ~chanic's liens for labor and materials. and
cost of defending against such claims. including reasonable
attorney's fees.
2. Insurance: City shall provide evidence of general liability
insurance coverage for a minimum of $5 million for the use of
the subject premises and facilities by itself and its agents and
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,
, ,
sublessees and shall name the District as additional insured.
District shall provide evidence of general liability insurance
coverage for a minimum of $5 mill ion for the use of the subject
facility by itself and its agents and sublessees and shall name
the City IS additional insured.
3.
Athletic Field Use: Any use of the Chula Vista High School
Ithletlc fields by the City or its facil ity lessees is not
covered by this agreement, but shall be subject to the
District's regular facility use process.
Amendment: This agreement may be amended from time to time by
the mutual consent of the parties hereto and only in the same
lllanner as its adoption. The term this "agreement" herein shall
include any such amendments properly approved and executed.
4.
5.
Notices: All notices required or provided for under this
agreement shall be in writing and delivered in person or sent by
certified mail, postage pre-paid, return receipt requested, to
the principal office of the City and the District. Notice shall
be effective on the date delivered in person, or the date \'/hen
the postal authorities indicate that the mail ing was del ivered
to the address of the receiving party indicated below:
Notice to District:
Sweetwater Union High School District
Superintendent
1130 Fifth Avenue
Chula Vista, CA 92011
..
Notice to City:
City of Chula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 92010
Such written noti ces, demands, correspondence and communi cati on
may be sent in the same manner to such other persons and
addresses as either party may from time to time designate by
mail as provided in this section. A party may change its
address by giving notice in writing to the other party and
thereafter notices shall be delivered or sent to such new
address. '
6. Institution of Legal Action: In addition to any other rights or
remedies, either party may institute legal action to cure,
correct or remedy any defaul t, to enforce any covenants or
agreements herein or to enjoin any threatened or attempted
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violation thereofi to recover damages for any default, or to
obtain any other remedies consistent with the purpose of this
agreement. Such legal actions must be instituted in the
" Superior Court of the County of San Diego, State of
'California,or in the Municipal Court of the County of San Diego,
or in the Federal District Court in the Southern District of
California.
7. licable laws/Attorne s' This agreement shall be
cons rue an en orce with the laws of the State
of California. Should any action be brought in any court of
comfetent juriSdiction, the prevailing party in such action
sha 1 be entitled to all attorneys' fees, court costs and
necessary disbursements in connection with such litigation.
8. Entire Agreement: This agreement constitutes the entire
understanding and agreement of the parties. This agreement
integrates all of the tenns and condi ti ons menti oned herei n or
incidental hereto, and supersedes all negotiations or previous
agreements between the parties with respect to '111 or any part
of the subject matter hereof.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
on the day and year first above written.
CITY OF CHUlA VISTA
BY, .&r~,.4y~
SWEETWATER UllION HIGH SCHOOL D1STRICT
.-
BY: '-1-'t~ - )(t1-t ~_.;<,
Nick Aguilar, p~ sident
~
. WPC 3635H
BY:
7IL
cretary
-7-
2.1) ...IS-
Community Youth Center
Operating Agreement
1. Parties
This Agreement ("Agreement" or, alternatively, "Operating
Agreement"), dated March 12, 1992 for the purposes of reference
only, and effective as of the date last executed by the parties,
is executed between the City of Chula vista, a municipal
corporation ("City"); the Boys & Girls Club of Chula Vista, Inc.,
a nonprofit public benefit corporation, d.b.a. Boys & Girls Club
of Chula vista ("Club"); and the Sweetwater Union High School
District, a political subdivision of the State of California
("District"); and is made with reference to the following
recitals:
2. Recitals, References and Definitions
2.1. city and District entered into an agreement dated
September 1, 1988, entitled "Ground Lease and Joint Use Agreement
between the City of Chula vista and Sweetwater Union High School
District Regarding Youth Facility at Chula vista High School"
("Joint Use Agreement") which Joint Use Agreement is attached
hereto as Exhibit A, and thereby incorporated herein by
reference; and,
2.2. The property which is the subject matter of this
Agreement ("Property") is commonly known as 465 L Street, Chula
Vista, California, and is legally described the same as described
in Exhibit A of the Joint Use Agreement, attached hereto, and
includes the Community Youth Facility recently constructed
thereon; and,
2.3. Pursuant to the Joint Use Agreement, District leased
the Property to the city, and City was required to, and has
designed and constructed, to the satisfaction of the District and
in full compliance with that portion of the Joint Use Agreement,
a Community Youth Facility ("Facility") thereupon which Facility
contains the floor plan and rooms described as set forth in the
attached Exhibit B ("Floor Plan"), the parking lot, and parkways.
References in this agreement to rooms of the Facility shall be
the rooms as displayed in the Floor Plan; and,
2.4. For the purposes of reference only and without intent
to modify the original use rights created by the Joint Use
Agreement, "School Hours" or, alternatively, "District Time"
shall mean the time between 7:30 a.m. and 2:25 p.m., Monday
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 1
j.~ ../6
through Friday, except District recognized holidays, between
september 12 of one year to June 22 of the following year,
inclusive ("School Year") at Chula vista High School ("Regular
School Day", a term which applies to these regular school hours
during the School Year). "Non-School Hours" or, alternatively,
"City Time" shall mean all hours other than School Hours. Incon-
sistencies in use rights established by this Operating Agreement
and the Joint Use Agreement will be resolved by reference to the
Joint Use Agreement except as expressly provided to the contrary
herein; and
2.5. The City, at its regular council meeting of September
17, 1991, did direct staff to meet and confer with the Club to
provide that the Club use and operate the Facility in a manner
consistent with the Joint Use Agreement and according to the
terms of this Agreement; and,
3. Grant of Partial License to Club as operator; Term
3.1. City Grant to Club.
3.1.1. Weekdays. Subject to the Exceptions herein
permitted, and except for areas of the Facility herein
specifically and exclusively reserved to another party ("Reserved
Areas"), and upon the condition that Club complies with the
terms, conditions and covenants herein contained, City herepy
grants to Club, for a term to June 15, 1993, the license to enter
upon, occupy, use and operate, according to the terms, conditions
and covenants herein contained, the Facility during the portion
of City Time occurring between Monday commencing at 12:01 a.m.
through Friday, concluding at 11:59 p.m., inclusive.
3.1.2. omitted.
As used herein, the term "Club Time" shall refer to that portion
of the city Time that has be licensed to the Club by the
provisions of this Section.
3.2. District Grant to Club.
3.2.1. During School Year. Upon the condition that
Club complies with the terms, conditions and covenants herein
contained, and on the further condition that city grant of
license to Club of Club Time is and continues to be in full force
and effect as same may be extended from time to time as herein
allowed, and has not otherwise been canceled or terminated ,
District hereby grants to Club, for a term to June 15, 1998, the
license to enter upon, occupy, use and operate, according to the
terms, conditions and covenants herein contained, the Facility
during the portion of District Time occurring between 7:30 a.m.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 2
2/)./7
and 8:30 a.m., Monday through Friday on a Regular School Day
("Club's Morning Time from District").
3.2.2. City Consent. City consents to District's
grant of license to Club as herein contained. Nothing
herein shall be deemed to permit District to license
other users of the Facility, and city, by consenting to
the license to Club in this particular situation shall
not be deemed to be a waiver of the City's right to
object to other licenses of the Facility by District.
3.3. specified Exceptions.
3.3.1. June Graduation, at such date as is set at the
annual scheduling meeting in April.
3.3.2. School Open House, at such date as is set at
the annual scheduling meeting in April.
3.4. Unspecified Exceptions. city shall have the right to
alter, amend, modify, change, contract or eliminate, Club Time as
follows:
3.4.1. CIF/Performing Art Activity Programs. For that
portion of Club Time occurring on a School Day
fOllowing School Hours until 4:30 p.m., and for those
rooms of the Facility for which the District has .
indicated, in writing to city and Club 60 days in
advance of the required date, a need to conduct an
after-school program for California Interscholastic
Federation or performing art activities ("District
After-School Time"), the City may cancel the Club Time
by giving notice to the Club 30 days in advance of the
required date, that City has temporarily licensed the
District to occupy that portion of the Facility during
such District After-School Time, and upon doing so, the
designated portion of Club Time shall be canceled.
3.4.2. Change in School Days. For that portion of
Club Time occurring at a time when, due to an extension
in the normal school hours of a Regular School Day
("Extended School Day") or due to an increase in the
number of regular session school days held in a given
year ("New School Day"), an Extended School Day or a
New School Day is occurring simultaneously with Club
Time, the City may cancel the Club Time by 60 days
notice to Club that city has licensed the District to
occupy that portion of the Facility during such time,
and upon doing so, the designated portion of Club Time
shall be canceled.
club8.wp License and operating Agreement/Community Youth Center
March 12, 1992 Page 3
~..I!
3.4.3. Summer SChool/Intercession After School
Programs. For that portion of Club Time occurring on a
day ("Summer School Day") on which the District
conducts a duly designated Summer School program, and
that portion of said Summer School Day immediately
following said summer school program until 4:30 p.m.,
and for those rooms of the Facility, for which the
District has indicated, in writing 60 days prior to the
date, a need to conduct an after-school program ("After
Summer School Program") for enrolled students
("District After Summer School Time"), the City may
cancel Club Time by notice to the Club that City has
temporarily licensed the District to occupy that
portion of the Facility during such District After
Summer School Time, and upon doing so, the designated
portion of Club Time shall be canceled.
3.4.4. Special City Function. Upon 30 days notice to
Club, City may cancel as to all or any room of the
Facility, Club Time in order to prepare for, conduct
and clean up following any function authorized by the
City Council of city to be held at said Facility.
3.5. Reserved Areas.
3.5.1. City'S Storage Room, No 1. Excepted from the
license herein granted is the area of storage Room No. 1 which is
hereby specifically reserved and granted to the exclusive and
full time use of City during the term of this Agreement.
3.5.2. District's Storage Room, No.2. Excepted from
the license herein granted is the area of Storage Room No. 2
which is hereby specifically reserved and granted to the
exclusive and full time use of District during the term of this
Agreement.
3.5.3. Club's Storage Room, No.3. Notwithstanding
the limitations that the grant of license to Club is as to
certain hours of the day and days of the week and year, license
is hereby granted to Club by city and District for a term that is
coterminous with the right of Club to use and operate the
Facility, unless sooner terminated by city on 30 days written
notice, for the full time and exclusive use of storage Room No.
3.
3.5.4.
limitations that
hours of the day
granted to Club,
Joint Storage Room, No.4. Notwithstanding the
the grant of license to Club is as to certain
and days of the week and year, license is hereby
city and District by city and District for a
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 4
:;.,/)../'1
term that is coterminous with the right of Club to use and
operate the Facility, unless sooner terminated by city on 30 days
written notice, for the joint use by all parties of storage Room
No.4.
3.6. Nothing herein gives rise to a recordable interest in
real property to the Club. No party shall cause or permit this
Agreement to be recorded with the Recorder's Office.
3.7. Extensions of Grant.
For so long as the Club is operating the Facility during
Club Time under a currently valid grant of license which has not
been sooner revoked, terminated or otherwise lapsed, City Council
agrees that City will at their convenience between January and
April of 1993, and for each extension period thereafter, review
Club's operations at the Facility, which shall include the Club's
provision of programming, and the extent which it is designed to
meet the needs of elementary, junior and high school youth, and
which shall further include the nature and extent to which they
have adequately maintained the Facility, or otherwise contributed
to the cost of said maintenance, and which shall further include
a review of the advantages and disadvantages from continuing to
permit the Club to operate at the Facility. In the event that
the city is satisfied with the performance of the Club to the
date of review, City Council shall extend the license herein
granted by the execution of an extension agreement ("Extension
Agreements") for one year increments, but in no event may the
contract be extended, in total, under the terms of this provision
beyond 3 1/2 additional years. City Council agrees to use good
faith and best efforts to render a decision prior to two months
prior to the end of the term, as same may be, from time to time,
extended. Any Extension Agreement may contain any additional
terms and conditions that are mutually agreeable to the parties.
If the City tenders an Extension Agreement to the Club which is
unacceptable to the Club, the previous license under which the
Club was operating shall terminate according to its then existing
term, and upon said termination, Club shall vacate and surrender
the premises. Nothing in is this section shall prevent the city,
in their sole discretion, from re-licensing the Club if they so
desire.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 5
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4. Duties of Club.
4.1. Use Duty.
It is expressly agreed that the Facility is licensed to Club
solely for the purposes of providing primarily the youth, and
secondarily the Chula vista community in general, with a recrea-
tional and educational facility and corresponding projects and
programs intended to promote their physical, mental, and moral
well being, and for such other related or incidental purposes as
may first be approved in writing by the city Manager and for no
other purpose whatsoever. Club shall not use the Facility for
any other purpose ("Use Duty").
4.1.1. Specific violations of Use Duty. without
limitation as to other possible violations of the Use Duty, the
Club shall specifically not permit the following uses:
4.1.1.1. Political Activities. Club shall not
use and shall not permit or tolerate the use of the
Facility for campaigning or otherwise working for the
nomination or election of any individual to any public
office, partisan or nonpartisan, or for any ballot
measure, including any initiative, referendum, or
advisory vote, except with the advance written
permission of the City Council. The Club may use the
Facility, with the advance written permission of the
City Council, as a forum for open public debate by
candidates on the condition that no member of the
public shall be excluded therefrom.
4.1.1.2. Regular Church Services.
use and shall not permit or tolerate the
Facility for regular church or religious
Club shall
use of the
services.
not
4.1.1.3. Alcohol and Drugs. Club shall not allow
alcohol or illegal drugs to be sold, used or consumed
in, on or about the Facility. Club shall not permit or
allow any portion of the Facility to be rented or
utilized by any person, group or company that intends
to provide alcoholic beverages at an event or meeting.
The Club shall make these facts known, in writing and
through oral communications, to all staff members and
participants at the Facility.
4.1.1.4. Bingo. Club shall not allow the rental
of the Facility for the playing of bingo.
4.1.1.5. Video Games. Club shall not permit
video games to be played at the Facility without
club8.wp License and Operating Agreement/community Youth Center
March 12, 1992 Page 6
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further approval of city.
4.2. Programming Duties.
4.2.1. All of the duties of the Club herein in this
Section entitled "Programming Duties" imposed shall be
collectively referred to as the Club's "programming Duties."
4.2.2. Needs Survey Duty. All of the duties of the
Club and or the City herein in this Subsection entitled "Needs
Survey Duty" imposed shall be collectively referred to as the
Club's and/or the City's "Needs Survey Duty," as appropriate.
4.2.2.1. Commencing on the execution of this
Operating Agreement, and at such other interval
thereafter as may be designated by the city, if the
Club License is extended by City, but in no event later
than 20 days thereafter, Club and City shall jointly
prepare a survey plan ("Needs Survey Plan") which shall
provide for a survey ("Needs Survey") of the
programming interests and programming needs of youth in
the elementary, junior and senior high school age
bracket.
4.2.2.2. Upon satisfactory agreement between the
Club and the City of the Needs Survey Plan, Club and
City shall perform and shall, not later that 20 days
thereafter conclude, at an equally shared cost and ex-
pense, the approved Needs Survey according to the
approved Needs survey Plan.
4.2.3. Permanent Program Duty.
4.2.3.1. Upon completion of the Needs Survey, and
in no event later than 30 days thereafter, Club shall
present a proposed plan ("Permanent Program Plan")
providing for the continuous use of the Facility during
the Club Time and designed to efficiently and
substantially satisfy the legitimate needs of the
elementary, junior and senior high age bracket youth as
identified in the Needs survey results.
4.2.3.2. Corrections and Adjustments in
Programming. At any time after implementation of the
Permanent Program Plan, if the City, by and through its
city Manager, reasonably determines that all or any
portion of the Club's programs are not meeting the
needs of the elementary, junior and high school age
youth effectively and efficiently, City may issue to
Club a notice to cure said deficiency or inadequacy
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 7
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within such time as the City Manager determines is
practical, but in no event later than three (3) months
("Notice to Cure Deficient Programming"). Club shall
cure such defects or inadequacies within the time
provided.
4.2.3.3. The Club and the City shall meet and
confer at least quarterly to discuss their programming
plans and facilitate cooperate programming as deemed
feasible in an effort to coordinate services and avoid
duplication of services as both Parties agree is
reasonable.
4.2.3.4. Club shall implement a Permanent Program
Plan within 60 days from the date of this Agreement,
and maintain said Plan in accordance with its terms.
4.3. Conflict Scheduling Duty (as between City, District
and Club); Scheduling Periods.
to this
by this
4.3.1-
Agreement
Operating
"Time Rights" shall refer to right of a party
to use and operate this Facility as determined
Agreement or by the Joint Use Agreement.
4.3.2. On a quarter-year basis, or on such more
frequent schedule as City shall set ("Scheduling PeriOd"),
commencing and occurring on such specific date as the city shall
set not later than 70 days prior to the commencement of the
Scheduling Period, Club, City and District shall meet and confer
jointly with regard to the specific time needs that each party
shall require of the Facility during the next Scheduling Period
that may occur outside of their own individual Time Rights. Such
meetings shall be referred to as "Scheduling Meetings". Each
party is required to attend Scheduling Meetings. It shall also
be a permissible subject of such quarterly meetings to discuss
operational problems experienced by the Parties.
4.3.3. Upon any party's request ("Requesting Party")
of another party ("Requested Party") to concede Time Rights
otherwise granted to the Requested Party ("Requested Time"), the
Requested Party shall either concede the Time Rights, or advance,
in good faith, legitimate justification for not surrendering Time
Rights, and in doing so, shall consider, among other things: (1)
The ability of the Requested Party to schedule reliable programm-
ing; (2) The public benefits achieved by their proposed use of
the Facility during the Requested Time as balanced against (3)
the public benefits to be achieved by the Requesting Party's
proposed use of the Facility during the Requested Time; (4) the
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 8
JP'~
primary youth serving purpose to which the Facility is to be put;
(5) the fact that Time Rights were allotted to the Requested
Party in the first instance in order to carry out a particular
function. Concession of Time Rights between the parties shall be
made without compensation, and no party shall demand or request
same. If after this discussion, impasse is reached, city Council
shall be the final arbiter of time rights. Except as otherwise
provided herein, no party is required, at such Scheduling
Meetings, to surrender their Time Rights. Nothing herein shall
be deemed to compromise or diminish the City's right to cancel
Club Time as herein above permitted, and it is hereby expressly
acknowledged that City intends to exercise such cancellation
right as to Club Time needed by District to conduct their
basketball practice and games. .
4.3.4. The duties imposed on the parties by this
section shall be referred to as the "Conflict Scheduling Duties."
4.4. Community Group Permitting Duties; Master Calendaring
of Club Time.
4.4.1. Duty to Permit other Group Use.
During such periods of Club Time not otherwise conceded
to the District or city that the Club does not have a pro-
posed organized group use of the Facility, or of any par-
ticular room thereof ("Unused Time Slots"), Club shall'grant
permits to public benefit groups and private benefit groups
from the community requesting to use the Facility or
Facility rooms as Club deems most appropriate giving due
consideration to the following guidelines and priorities:
(1) A group that proposes a benefit to youth should have
priority to a group that proposes a benefit to non-youth;
(2) A group that proposes a benefit to more Chula vista
residents should have priority over a group that proposes a
benefit to fewer residents; (3) A group that proposes a use
of greater public benefit to a larger number of people
should have priority over a group that proposes a use with a
lesser public benefit or to a lesser number of people; (4) A
group posing a lesser risk of injury to persons or property
should be given priority over a group that poses a greater
risk of injury to persons or property; (5) The order in
which the request for usage was received. Club shall give
little if any consideration to the rents or fees that a
group is willing to pay when selecting between a non-profit,
public benefit group and a private user.
4.4.2.
all or part
used by one
Duty to Supervise. During all such times as
of the Facility is permitted by the Club to be
or more community groups as herein permitted,
clubS.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 9
~()..)If
the Club shall provide competent, on-site superv~s~on of
said group by an appropriate contingent of responsible
adults, and such appropriate security therefore necessary to
prevent property damage or intentional personal injury.
4.4.3. Liability for Damage--Property and Personal
Injury. Club shall be liable for all property damage and
personal injury that occurs by its permittee or their guests
or attendees, and shall hold the city and District harmless
from any and all such liability.
4.5. Calendaring Duty.
As a result of Club's execution of their Programming
Duty, their Conflict Scheduling Duty, and their community Group
Permitting Duty, Club shall prepare, mail to City, District and
such community groups requesting notice, 15 days in advance, and
post 15 days in advance in a conspicuous place at the main
entrance to said Facility, a monthly calendar in such form as is
acceptable to the City and school District of the proposed usage
of the Facility including usage of Gymnasium, Multi-purpose Room
and Dance Room, for the upcoming calendar month. Unused Time
Slots shall be clearly marked thereon.
4.6. Management Duty.
Throughout the term of this license, Club shall provide
competent management of the Facility to the satisfaction of the
City Manager ("Management Duty"). "Competent Management" as used
herein means demonstrated ability in the management and operation
of a youth serving facility and related activities in an
administratively and fiscally competent manner.
4.7. Audit Duty.
Upon demand by the city, Club shall permit City to conduct a
full inspection of all books and records of Club as same shall,
in the opinion of the City Manager, relate to the Club's
management and operation of the Facility, or to the performance
of any terms, covenant or condition of this Agreement. Club
agrees to make any and all records and accounts available to City
for inspection at all reasonable times, so that City can
determine Club's compliance with this license. These records and
accounts will be made available by Club at such place as Club
shall designate within the City of Chula Vista, and will be
complete and accurate showing all income and receipts from use of
the premises. Club's failure to keep and maintain such records
and make them available for inspection by City is a breach of
this license and cause for termination. Club shall maintain all
clubS.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 10
tl) .;.cr
such records and accounts for a minimum period of five (5) years.
4.8. Operational Duties.
4.8.1. Permit Fees and Rental Rates.
Club shall be permitted to charge and collect from
permittees rents and/or fees for the use of the Facility during
Club Time except that the rents and fees charged shall be
pursuant to a written schedule that is reviewed and approved by
the City in advance. The Club may have two sets of rates and
fees, one of which shall provide a schedule of rates and fees for
community oriented, public benefit, non-profit groups ("Non-
Profit Rates") that reflect merely a fair distribution of the
Club's costs of operations, and shall not contain a profit
component. The City shall not participate in the proceeds from
Non-Profit Rates. The Club may also propose a set of rates to be
charged to other users which may contain a profit component
("Private Party Rates"), and when approved by the City, and upon
imposition and collection, the Club shall divide the Profit
Component (i.e., the differential between the Non Profit Rates
and the Private Party Rates) of the proceeds from the Private
Party Rates with the city on a 50-50 basis.
4.8.2. Log Book.
All parties shall keep, maintain and permit the
inspection by all other parties of, a joint log book in a form
approved by the City in which the Club shall maintain a record of
acts of vandalism, repairs, incidents of graffiti, and other
major incidents.
4.8.3. Procedure Training.
Club shall cause and train its employees to comply with
procedures in a manual ("Procedures Manual") city prepares
regarding utility turn-offs, alarm responses, locking up/closing,
key distribution, facility damage (including graffiti reporting).
4.8.4. Wood Floor Maintenance.
In the event that the floor of the GYmnasium or Dance
Room is used for two or more activities during a single shift by
any Party and prior to normal janitorial servicing, said Party
shall sweep same before every new activity. This procedure shall
be contained in the Club procedures manual.
4.8.5. Keying and Rekeying of Locks
The Parties agree that the keying and rekeying of
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 11
).~ ,,;.j,
interior locks should be arranged by the city under contract with
Best Lock Systems (in San Diego).
4.8.6. Alarm System.
Between Monday through Friday, District will arm in the
evening and unarm in the morning the alarm system. On Saturday
and sunday, city will arm in the evening and unarm in the morning
the alarm system. District will respond to emergency alarm
calls, secure building and call City for major repairs, the cost
of which may be charged to the parties on the Gross Common Pot
Method.
4.8.7. Normal Cleanup Maintenance.
Except for conditions which may be corrected by normal
janitorial services, all Parties shall leave the Facility at the
conclusion of their daily time allotment in a neat and clean
condition and one that does not imposed any additional duty on
the janitorial and custodial services staff, or upon the next
occupant of the Facility.
4.8.8. Other Rules Promulgated by City.
Club shall abide by any and all reasonable rules and
procedures promulgated by the City, as same may be, from time to
time amended, with regard to the usage of the Facility.
4.8.9. Improvements/Mechanics Liens.
Club shall not permit any work of improvement to occur
on the Facility without the express written permission of the
City and District, and shall not permit any mechanics lien to be
placed against said Facility.
4.8.10. Signs. Club agrees not to erect or display
outside the premises any banners, pennants, flags, posters,
signs, decorations, marquees, awnings, or similar devices or
advertising without the prior written consent of City, obtained
by and from the Design Review Committee of said city. City
agrees, subject to review and approval according to normal City
standards, to the placement and maintenance of a separate sign
which reads: "Chula vista Boys & Girls Club", or some facsimile
thereof. If any such unauthorized item is found on the premises,
Club agrees to remove the item at its expense within 24 hours
notice thereof by City, or City may thereupon remove the item at
Club's cost. Club shall be solely responsible for the placement,
the cost, the maintenance, and at the termination of their
license, the removal of such sign.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 12
2p.~1
4.8.11. Hazardous Materials. If Club knows or has
reasonable cause to believe, that any hazardous substance has
been released on or beneath the premises, Club shall give written
notice to the City Manager within ten (10) days of receipt of
such knowledge or cause for belief. Provided however, if CLUB
knows, or has reasonable cause to believe that such substance is
an imminent and substantial danger to public health and safety,
Club shall notify the City Manager immediately upon receipt of
this knowledge or belief and shall take all actions necessary to
alleviate such danger. Club will notify the city Manager
immediately of any notice of violation received or initiation of
environmental actions or private suits relative to the premises.
In addition, Club shall not utilize or sell any hazardous
substance on the property without the prior written consent of
the City.
4.8.12. Youth Access. No member of the Club may be
refused admittance to the Club or the Facility on the basis of
his or her inability to afford the membership fee.
4.8.13. Bylaws.
Club Bylaws shall be on file in the office of the Parks
Director prior to City execution of this lease.
4.8.14. Standard of Employees.
CLUB and its employees shall at all times conduct
themselves and the operations on the leased premises in a
creditable manner. Furthermore, employees of the Club shall
conduct pre-employment background investigations on all employees
which investigations shall include, but not be limited to,
reference checks, fingerprint clearances, and other steps which
the Club may require.
4.8.15. staffing.
Club shall provide sufficient staffing of events and
programs to be held or conducted at the Facility during Club Time
which shall, in the absence of written permission or direction
otherwise from the city, shall include at least one staff member
for each 15 children.
4.9. Insurance, Indemnity, and Risk Sharing Duties.
4.9.1. Reciprocal Indemnity for Invitee'S, Employee's,
or Trespasser's Personal and Property Injuries Not Caused by
Design, Construction, Maintenance or Repair.
Each Party ("Indemnifying Party") indemnifies each
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 13
~I..~r
other Party ("Indemnified Party"), holds the Indemnified Party
harmless, and agrees to defend the Indemnified party, against
loss, damage or liability on a claim, the adverse judgment,
adverse order on, or good faith settlement of, such a claim,
including attorneys fees and court costs in defending such claim,
suffered by an Indemnified Party due to personal injury to, or
damage to the property of, an invitee (inclUding a permittee) of
an Indemnified party ("Indemnified's Invitee"), an employee
("Indemnified's Employee") of an Indemnified Party, or to a
trespasser or other uninvited person, at the Facility (except to
the extent that said claim is based on an act or omission of
design, construction, including building materials, maintenance
or non-maintenance, repair or non-repair by the Indemnifying
Party) primarily caused by the act or omission of the
Indemnifying Party, their employees or invitees.
4.9.2." Reciprocal Indemnity for Property Damage
Suffered by a Party Not Caused by Design,. Construction,
Maintenance or Repair.
4.9.2.1. Property Damage. Each Party
("Indemnifying party") indemnifies each other Party ("Indemnified
Party") and holds the Indemnified Party harmless, from any
property damage suffered by the Indemnified Party at the Facility
primarily caused by the act or omission of the Indemnifying
Party, their employees or invitees, other than by acts of design,
construction (including building materials), maintenance or'non-
maintenance, repair or non-repair.
4.9.2.2. Claim on Property Damage. Each Party
("Indemnifying Party") indemnifies each other Party ("Indemnified
Party") and holds the Indemnified Party harmless from, and agrees
to defend the Indemnified Party on, for any liability on any
claim for property damage suffered a Party at the Facility
(except to the extent that such claim is based on an act or
omission of design, construction, including building materials,
maintenance or non-maintenance, repair or non-repair by the
Indemnifying Party) primarily caused by the act or omission of
the Indemnifying Party, or their employees, other than by acts of
design, construction (including building materials), maintenance
or non-maintenance, repair or non-repair.
4.9.3. Liability for Design and Construction.
Loss, damage or liability sustained by a Party during
the term of the Joint Use Agreement, either directly or indirect-
ly as a result of a third party claim of injury, damage, or other
loss, resulting primarily from, or claimed to be caused by,
inadequate or improper design of the Facility, construction of
the Facility, choice of building materials used in the Facility,
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 14
~..)J1
modifications of the Facility shall be borne equally by the city
and the District. This covenant shall survive the termination of
this agreement.
4.9.4. Liability for Losses Caused by Repair and
Maintenance.
Losses sustained by a Party during the grant of City's
license to Club, either directly or indirectly as a result of a
third party claim of injury, damage, or other loss, resulting
primarily from, or claimed to be caused by, inadequate or
improper repair or non-repair of the Facility, or maintenance or
non-maintenance of the Facility, shall be borne equally by the
Parties. This covenant shall survive the termination of this
agreement.
4.9.5. Insurance.
4.9.5.1. Property Damage Insurance. District
shall secure at their cost in the first instance Facility
specific fire, extended coverage, and vandalism insurance policy
on all insurable real property owned by all Parties on the
premises in an amount to cover 100 percent of the replacement
value, with a $10,000 deductible. Any proceeds from a loss shall
be payable jointly to city and District, and shall be ultimately
used as follows: The proceeds shall be placed in a trust fund to
be reinvested in rebuilding or repairing the damaged property.
District shall bill the parties for the premium for this policy
in accordance with the Common Pot Gross Method immediately upon
receipt of the insurance invoice. Said bill shall be paid within
30 days, or interest thereon shall accrue at the rate of 1 1/2%
per month. Failure of Club to pay such a bill within 60 days
shall be grounds for termination by City. Any damage loss which
is within the limits of the $10,000 deductible shall be
distributed to the parties in the same manner as Major Repairs.
4.9.5.2. Liability Insurance. Each Party shall,
at their own expense, throughout the term of this agreement,
maintain an "occurrence" public liability policy in the amount of
not less than One Million Dollars ($1,000,000). Such policies
shall cover all injury or damage, including death, suffered by
any party or parties present on the premises at the behest of, or
under the supervision of, such party on or in connection with the
use or operation of the premises. The Club shall have not more
than a $1,000 deductible, and shall be responsible for all losses
incurred within the amount of said deductible. The city and
District may maintain its normal "self-insured retention ("SIR")
amount", and shall be responsible for all losses incurred with
the amount of said SIR.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 15
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Club's responsibility to maintain said insurance
also includes the following:
(1) Additional Insured. said insurance
policies will name City and District as
an additional insured, protect the city
and District against any legal costs in
defending claims, and will not terminate
without sixty (60) days' prior written
notice to City and District. All
insurance companies must be satisfactory
to City and District and licensed to do
business in California. A copy of the
insurance policy will remain on file
with City during the entire term of the
license. At least thirty (30) days
prior to the expiration of each policy,
Club shall furnish a certificate(s)
showing that a new or extended policy
has been obtained which meets the terms
of this license.
(2) Modification. city, at its discretion,
may require the revision of amounts and
coverages at any time during the term by
giving Club sixty (60) days' prior
written notice. city's requiremen~s
shall be designed to assure protection
from and against the kind and extent of
risk existing on the premises.
(3) Accident Reports. Club shall report to
City any accident causing injury to
persons or property on the premises.
This report shall contain the names and
addresses of the parties involved, a
statement of the circumstances, the date
and hour, the names and addresses of any
witnesses and other pertinent
information.
(4) Failure to Comply. If Club fails or
refuses to take out and maintain the
require insurance, or fails to provide
the proof of coverage, City has the
right to obtain the insurance. Club
shall reimburse City for the premiums
paid with interest at the maximum
allowable legal rate then in effect in
California. City shall give notice of
club8.wp License and Operating Agreement/community Youth Center
March 12, 1992 Page 16
20,4/
the payment of premiums within thirty
(30) days of payment stating the amount
paid, names of the insurer(s) and rate
of interest. Said reimbursement and
interest shall be paid by Club on the
first (1st) day of the month following
the notice of payment by city.
Notwithstanding the preceding provisions
of this Subsection (4), if Club fails or
refuses to take out or maintain
insurance as required in this license,
or fails to provide the proof of
insurance, City has the right to declare
this license in default without further
notice to Club and City shall be
entitled to exercise all legal remedies
in the event of such default.
4.10 Waste, Damage, or Destruction.
Club agrees to give notice to city and District of any fire
or other damage that may occur at the Facility within two (2)
days of such fire or damage. Club agrees not to commit or suffer
to be committed any waste or injury or any public or private
nuisance, to keep the Facility clean and clear of refuse and
obstructions, and to dispose of all garbage, trash, and rubbish
in a manner satisfactory to City. If the Club shall damage the
Facility or permit the Facility to be damaged by its employees or
invitees to the extent that the Facility, or any part thereof is
not decent, safe, healthy and sanitary, Club agrees to make or
cause to be made full repair of said damage and to restore the
premises to the condition which existed prior to said damage; or,
at city's option, Club agrees to clear and remove from the
Facility all debris resulting from said damage and rebuild the
premises in accordance with plans and specifications previously
submitted to city and approved in writing in order to replace in
kind and scope the operation which existed prior to such damage,
using for either purpose any insurance proceeds therefrom.
Club agrees that preliminary steps performing repairs, res-
toration, or replacement of the premises shall be commenced by
Club within thirty (30) days, and the required repairs, restora-
tion, or replacement shall be completed within a reasonable time
thereafter.
4.11. Termination Duties.
4.11.1. At the expiration or earlier termination of
this license in the manner herein permitted, Club shall
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 17
).1)" J'-
surrender the premises to City free and clear of all liens
and encumbrances, except those liens and encumbrances which
existed on the date of execution hereof, and in a decent,
safe and sanitary condition and in substantially the same
condition as when licensed to the Club, ordinary wear and
tear excepted.
4.11.2. Holding Over. Any holding over by Club after
expiration or termination shall not be considered as a
renewal or extension of this license. The occupancy of the
premises after the expiration or termination of this
agreement constitutes a daily license, and all other terms
and conditions of this agreement shall continue in full
force and effect; provided, however, City shall have the
right to institute an increase in rent to bring the rent to
fair market value and/or to terminate the holdover tenancy
at will.
4.12. Reporting Duties.
Club shall provide City with a current version of its
mission and goals to be fulfilled at said facility, and an
annual report of its operations in such form as may be
approved by the City but which shall, at a minimum,
demonstrate the number of youth served, on a program by
program basis.
5. Joint Party Duties.
5.1. Cost Sharing Methods and Terms.
5.1.1. "Common Pot Gross Method". Costs distributed
to the parties under this method ("Common Pot Gross Method")
shall be distributed on the basis of 40% to the Club, 40% to the
District and 20% to the City. This percentage distribution shall
be an eligible subject for reconsideration during extension
requests.
5.1.2. "Capital Method". Costs distributed to the
parties under this method ("Capital Method") shall be distributed
as follows: (1) to the Club on the basis of 36% (Common Pot
Gross Method Percent above) times a fraction the numerator of
which is the number of years, prorated to the nearest month,
remaining under the term of said license and the denominator of
which is the number of years of useful life of object which is
the subject matter of the expenditure; (2) to the City on the
basis of 29% times a fraction the numerator of which is number of
years remaining under the ground lease as specified in the joint
use agreement, not to exceed the useful life of the object with
is the subject matter of the expenditure, the denominator of
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 page 18
'-0.. 33
which is the useful life of the object; and to the District for
the balance of the expenditure.
5.2. Definitions.
5.2.1. "Minor Repair" is an expenditure designed to
return all or a portion of the Facility to its current condition
or functionality, and which is less than $2,500 and which is on
an object that will have a useful life of less than one (1) year.
5.2.2. "Major Repair" is an expenditure designed to
return all or a portion of the Facility to its current condition
or functionality, and which is $2,500 or greater or which is on
an object that will have a useful life of one (1) year or
greater.
5.2.3. "Improvement" is an expenditure designed to
place all or a portion of the Facility in a better condition or
functionality that its current condition or functionality.
5.2.4. "utility Costs" include expenditures on the
Facility for electricity, gas, water, sewer, solid waste removal,
cable television, and alarm maintenance and reporting costs.
Telephone shall not be considered a Utility Cost.
5.2.5. "Maintenance Costs" include expenditures for
grounds maintenance required to keep the grounds and outside of
Facility in a neat and clean condition, free of graffiti, and to
keep the landscaping and other grounds vegetation healthy, and to
provide normal janitorial services to the inside of the Facility,
including dusting, shampooing carpets, polishing and waxing
floors, replacement lighting, etc.
5.2.6. "Useful Life". The City shall, after meeting
and conferring with the District in a spirit of cooperation, have
the authority to establish the useful life of an object which is
the subject matter of an expenditure, which authority it shall
reasonably and fairly exercise.
5.3. Cost Sharing.
5.3.1. Telephone Costs. Each party shall be
responsible for providing and paying for their own telephone and
telephone lines as they deem appropriate, and for providing a
locking mechanism to assure only those persons they desire using
same access thereto.
5.3.2. Utility Costs, Maintenance Costs, and Minor
Repairs shall be divided among the parties under the Common Pot
Gross Method. Insurance costs, if a joint insurance policy is
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 19
).D'~'I
acquired as hereinabove discussed, shall be divided among the
parties under the Common Pot Gross Method.
5.3.3. Major Repairs shall be paid for by the party
causing same, but if not attributable to an identifiable party,
they shall be divided among the parties under the Capital Method.
Major Repairs caused by a third party which could have been
avoided by proper supervision of a party to this agreement shall
be deemed to be attributable to the party which was responsible
for provided the supervision. Any Major Repairs shall be done
only after review of the repair plans and specifications, and
approval thereof, by the city.
5.3.4. Improvements shall be agreed to in advance
between the City and the District as to design and construction.
The proponent of the improvement shall meet and confer with the
Club as to same but Club's consent shall not be required. Upon
agreement as to the Improvement between the City and District,
the cost thereof shall be divided between the parties on the
basis of the Capital Method, except that the cost to the Club
shall not exceed 1% per year of the Club's gross budget
appropriation, unless the Club consents thereto, but if the Club
fails to consent to the excess, and the City and the District
agrees to proceed with the improvement, the Club shall not have
access to the improvement as part of the license which is the
subject matter of this agreement.
5.3.5. The granting of the two licenses by City and
District to Club may give rise to the duty of the Club, imposed
by the state, by and through the San Diego County Assessor, to
pay a possessory interest tax, and if same should occur, Club
shall be solely liable for the payment of said tax ("Tax Payment
Duty"). This clause is intended to provide the disclaimer
required by Revenue and Taxation Code Section 107.6, a copy of
which Club has read and understands.
5.4. Maintenance, Repair, Utility and Reimbursement Duties.
5.4.1. Maintenance and Minor Repairs. The District
shall provide all maintenance to the Facility, which shall
include all custodial services for the Facility required to
maintain it at all times in a clean, orderly, and usable
condition, free of graffiti and shall further include all
janitorial services necessary to clean the Facility, restoring it
on a daily basis to an orderly condition. District shall make
all Minor Repairs as necessary on a daily basis. District shall
advance all costs to fulfill this duty and shall bill each party
quarterly in arrears for each party's proportionate share
according to the method herein permitted for sharing Maintenance
and Minor Repairs Costs. Said bill shall be due and payable in
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 20
~[).. :3 tj
30 days, and if not paid within that time, interest thereon will
accrue at the rate of 1 1/2% per month. In addition to such
other remedies are allowed by law, failure of Club to pay such a
bill within 60 days shall be grounds for termination by city.
5.4.2. utility Costs. All utilities shall be taken
out and maintained in the name of the City, and shall be paid in
the first instance by the city. City shall bill each party
quarterly in arrears for each party's proportionate share
according to the method herein permitted for the sharing of
utility Costs. Said bill shall be due and payable in 30 days,
and if not paid within that time, interest thereon will accrue at
the rate of 1 1/2% per month. In addition to such other remedies
are allowed by law, failure of Club to pay such a bill within 60
days shall be grounds for termination by city.
5.4.3. The District and Club shall make city
immediately aware of any deficiencies in the Facility which are
observed by the District's custodial staff and which could have a
detrimental effect on the condition or longevity of the building,
equipment, or fixtures in the Facility or which could pose health
or safety hazards to any person.
5.4.4. Major Repairs. District shall meet and confer
with the City as to the need for making a Major Repair, and the
City and District shall agree as to the design and construction
of the Major Repair. Upon reaching agreement, the city shall
make the Major Repair, advance the costs thereof, place the
proper claim against any applicable insurance policy as
appropriate, and shall bill each party in arrears for their sole
or proportionate share according to the cost sharing method
hereinabove set forth. Said bill shall be due and payable in 30
days, and if not paid within that time, interest thereon will
accrue at rate of 1 1/2% per month. In addition to such other
remedies are allowed by law, failure of Club to pay such a bill
within 60 days shall be grounds for termination by city. Any
insurance proceeds realized by the District shall be distributed
to the parties in proportion to the cost contributed to the
repair.
5.4.4.1. Warranty Work. For any Major Repair
required as a result of the breach of the
construction contractor, or otherwise covered by
the contractor's warranty, the City will make a
good faith effort to require the contractor to
repair same ("Warranty Work") during the warranty
period, and without contribution by the Parties.
Any such "Warranty Work" shall be conducted under
the supervision of the City, by and through its
Public Works Department.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 21
~ . .3~
6. Rights Expressly Reserved by City.
6.1. Related Council Actions. By the granting of this
license, neither City nor the Chula vista City council is
obligating itself to any other governmental agent, board,
commission, or agency with regard to any other discretionary
action relating to development or operation of the Facility.
Discretionary action includes, but is not limited to
rezonings, variances, environmental clearances or any other
governmental agency approvals which may be required for the
development and operation of the Facility.
6.2. No Liability for Lack of Quiet Enjoyment. If City for
any reason cannot deliver possession or quiet enjoyment of the
premises or any portion thereof to Club or if Club is dispos-
sessed therefrom, the City shall not liable to Club for any loss
or damage resulting therefrom.
6.3. Eminent Domain. Nothing herein shall be construed as
an abandonment of the city's or District's right of eminent
domain of this license. Upon the exercise of eminent domain
against the Club's interest herein contained by any entity with
the power of eminent domain, the license shall forthwith
terminate without compensation and any interest therein which the
Club may have shall revert to the City.
6.4. Rights Reserved. All rights not specifically granted
by the City to Club shall be specifically and generally reserved
to the City.
7. Remedies for Breach.
7.1. If Club shall default in the performance of any
covenant or condition required by this Agreement to be performed
by Club, then City will give Club written notice citing such
default and demand the Club or any person claiming rights through
Club to correct such default noticed, and upon giving such
notice, Club shall correct such default as soon as practicable,
but in no event, later than 30 days. Failure of Club to correct
default shall result in termination of the License which is the
subject matter of this Agreement; and City may enter and take
possession of the premises.
7.2. Waiver. Any city waiver of a default is not a waiver
of any other default. Any waiver of a default must be in writing
and be executed by the City Manager in order to constitute a
valid and binding waiver. City delay or failure to exercise a
remedy or right is not a waiver of that or any other remedy or
right under this lease. The use of one remedy or right for any
default does not waive the use of another remedy or right for the
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 22
)~-~7
same default or for another or later default.
7.3. Summary Eviction Procedures Apply. Except as
hereinabove provided, breach by Club of any of the terms,
conditions or covenants herein contained which the Club is
obligated to perform shall, at the option of the City be an
independent basis for termination of the license herein granted,
and upon exercise of the power of termination, all laws and rules
relating to summary eviction and unlawful detainer apply to
Club's occupancy of the Facility.
8. Miscellaneous.
8.1. Construction Against Draftsman.
This agreement has been fully negotiated by all parties, and
no construction or interpretation is to be made hereof on the
basis of draftsmanship of the document.
8.2 Time is of Essence; Provisions Binding on Successors.
Time is of the essence of all of the terms, covenants and
conditions of this lease and, except as otherwise provided
herein, all of the terms, covenants and conditions of this lease
shall apply to, benefit and bind the successors and assigns of
the respective parties, jointly and individually.
8.3. Assignment and Subletting.
Except as herein provided, Club shall not assign this
license, or any interest therein, and shall not sublicense the
real property or any part thereof, or any right or privilege
appurtenant thereto, or suffer any other person, except
employees, agents, guests and permittees of Club, to use or
occupy the real property or any part thereof, without the prior
written consent of the City in each instance. A consent to
assignment, subletting, occupation or use by any other person
shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation or use by another person. Any such
assignment or subletting without such consent shall be void, and
shall, at the option of City, terminate this lease. This lease
shall not, nor shall any interest of Club, by operation of law,
without the written consent of the City. The license granted by
this Operating Agreement is personal to Club.
8.4. Encumbrance.
Club may not encumber this license, its leasehold estate and
its improvements thereon by deed of trust, mortgage, chattel
mortgage or other security instrument during the terms hereof.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 23
~o.3f
8.5. Waiver.
Any City waiver of a default is not a waiver of any other
default. Any waiver of a default must be in writing and be
executed by the City Manager in order to constitute a valid and
binding waiver. city delay or failure to exercise a remedy or
right is not a waiver of that or any other remedy or right under
this lease. The use of one remedy or right for any default does
not waive the use of another remedy or right for the same default
or for another or later default. City'S acceptance of any rents
is not a waiver of any default preceding the rent payment. city
and Club specifically agree that the property constituting the
premises is held in trust for the benefit of the citizens of the
City of Chula vista and that any failure by the City Manager or
City staff to discover a default or take prompt action to require
the cure of any default shall not result in an equitable
estoppel, but city shall at all times, subject to applicable
statute of limitations, have the legal right to require the cure
of any default when and as such defaults are discovered or when
and as the City Council directs the City Manager to take action
or require the cure of any default after such default is brought
to the attention of the city Council by the City Manager or by an
concerned citizen.
8.6. No Inverse Condemnation.
The exercise of any City right under this lease shall hot be
interpreted as an exercise of the power of eminent domain and
shall not impose any liability upon city for inverse
condemnation.
8.7. Notices.
Any notice required or permitted to be given hereunder shall
be in writing and may be served personally or by United states
mail, postage prepaid, addressed to Club at the Facility or at
such other address designated to Club and to City as follows:
For city:
city Manager
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
For Club:
Boys and Girls Club of Chula Vista
Attention: Executive Director
1301 Oleander Avenue
Chula Vista, CA 91911
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 24
~p.3'
For District:
Sweetwater High School District
Attention: Andy campbell
1130 Fifth Avenue
Chula vista, CA 91911
8.8. Compliance with Law.
Club shall at all times in the maintenance, occupancy, and
operation of the Facility comply with all applicable laws,
statutes, ordinances, and regulations of City, County, State, an
Federal Governments, at Club's sole cost and expense. In
addition, Club shall comply with any and all notices issued by
the city Manager or his authorized representative under the
authority of any such law, statute, ordinance, or regulation.
8.8.1. Specifically, Club shall demonstrate to City
that it is either required to obtain a state license of day
care operation, or the basis upon which it is exempt from
state regulation, and shall upon request by the City,
provide such State assurances as City shall require.
8.9. City Approval.
The approval or consent of City, wherever required in ~his
license, shall mean the written approval or consent of the city
Manager unless otherwise specified, without need for further
resolution by the City Council.
8.10. Nondiscrimination.
Club agrees not to discriminate in any manner against any
person or persons on account of race, marital status, sex,
religious creed, color, ancestry, national origin, age, or
physical handicap in Club's use of the premises, including, but
not limited to the providing of goods, services, facilities,
privileges, advantages, and accommodations, and the obtaining and
holding of employment.
8.11. Equal Opportunity.
Club agrees to implement a legally sufficient Equal
Opportunity Program. The program's goal shall be the attainment
of employment for minorities and women in all areas of
employment.
8.12. Partial Invalidity.
If any term, covenant, condition, or provision of this
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 25
)~-~P
license is found invalid, void, or unenforceable by a court of
competent jurisdiction, the remaining provisions will remain in
full force and effect.
8.13. Captions.
The section headings, and captions for various articles and
paragraphs shall not be held to define, limit, augment, or
describe the scope, content, or intent of any or all parts of
this lease. The numbers of the paragraphs and pages of this
lease may not be consecutive. Such lack of consecutive numbers
is intentional and shall have no effect on the enforceability of
this lease.
8.14. Entire Understanding.
This license contains the entire understanding of the
parties. Club, by signing this agreement, agrees that there is
no other written or oral understanding between the parties with
respect to the leased premises. Each party has relied on its own
examination of the premises, advice from its own attorneys, and
the warranties, representations, nd covenants of the lease
itself. Each of the parties in this license agrees that no other
party, agent, or attorney of any other party has made any
promise, representation, or warranty whatsoever which is not
contained in this lease.
The failure or refusal of any party to read the license or
other documents, inspect the premises, and obtain legal or other
advice relevant to this transaction constitutes a waiver of any
objection, contention, or claim that might have been based on
these actions. No modification, amendment, or alteration of this
lease will be valid unless it is in writing and signed by all
parties.
8.15. City Employee Participation Policy.
It is the policy of city that all City contracts, agreements
or leases with consultants, vendors or clubs shall include a
condition that the contract, agreement or lease may be
unilaterally and immediately terminated by City if the contractor
or Club employs an individual who within the twelve months
immediately preceding such employment did in his/her capacity as
a City officer or employee participate in negotiations with or
otherwise have an influence on the recommendation made to the
City Council in connection with the selection of the contractor
or Club.
8.16. Relocation Payments.
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 . Page 26
~.~I
Club understands and agrees that it shall not be entitled to
any relocation payment whatsoever upon termination of this lease.
(End of page. Next Page is signature Page.)
clubS.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 27
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Signature Page to
Community Youth Center
Operating Agreement
IN WITNESS WHEREOF, the parties hereto, having been duly
authorized by their respective boards to execute this Operating
Agreement, and having duly read and understood the terms and
provisions hereof, do hereby set their hand to indicate their
intent to be bound by the terms hereof.
THE CITY OF CHULA VISTA
Dated
By:
Tim Nader, Mayor
Attest:
Beverly Authelet,
city Clerk
Jt;'d e.
f .
Bruce M~ Boo
city Attorne
BOYS AND GIRLS CLUB OF CHULA VISTA
Dated:
By:
Scott Mosher, Executive Director
Dated:
By:
Robert P. Fox, President
Sweetwater High School District
Date:
By:
Exhibits:
A: Joint Use Agreement
B: Floor Plan of Facility, Showing Storage Rooms 1 - 4
club8.wp License and Operating Agreement/Community Youth Center
March 12, 1992 Page 28
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EXHIBIT C
SHARED MAINTENANCE, REPAIRS AND UTILITY COSTS
BETWEEN AGENCIES - FY91/92
Bldg. Grounds Maint. & 6,755 2,702 2,702 1,351
Service
Maint. Supplies & 15,500 6,200 6,200 3,100
Equipment
Minor Repairs 1,000 400 400 200
utilities 4,720 1,888 1,888 944
Total 27,975 11,190 11,190 5,
EXHIBIT D
COMMON POT GROSS METHOD FOR FY 92/93
B1dg/Grounds Maintenance & $27,015 10,806 10,806 5,403
Service
Maintenance Supplies 15,500 6,200 6,200 3,100
/Equipment
Minor Repairs 5,000 2,000 2,000 1,000
utilities 18,880 7,552 7,552 3,776
EXHIBIT E
FY 92/93 CAPITAL IMPROVEMENTS (IN EXCESS OF $2,500)
Annual Floor Refinishing
MAINTENANCE/FACILITY REPAIR
TOTAL
5,200
1,820
1,872
1,508
71,595
28,378
28,430
14,787
~D"t.fS-
EXHIBIT F
WEEKEND CITY PROGRAM COSTS
Hourly Wages $3,600 $14,400
Medicare 52 210
PARS 135 540
Printing 100 400
Postage 30 120
Transportation Allowance 30 130
Office supplies 40 75
Recreational Supplies 4,000 1,155
Other commodities 100 200
Totals 8,087 17,230
EXHIBIT G
SUMMARY OF CITY COSTS - FY 91/92 AND FY 92/93
3 Month Budget 12 Month Budget
Employee Services $ 3,787 $ 15,150
supplies & Services 14,471 39,663
Total Budgeted 18,258 54,813
Reimbursements $ 4,576 $ 22,796
Actual City Costs 13,682 32,017
,2.IJ .'1~
March 16, 1992
TO:
Councilman Leonard Moore
and Recreation~
FROM:
Jess Valenzuela, Director of Parks
SUBJECT: community Youth Center Acreage and Land Value
Per your request, staff has researched the acreage for the
Community Youth Center pad and parking lot area. The Center and
adjacent parking lot area comprise 1.24 acres of land or 53,820
square feet. This area is zoned residential. In discussions with
staff from the Community Development Department, the value of
property zoned for residential purposes is approximately $10.00 per
square foot.
Therefore, the value of the Community Youth Center and parking lot
area would be approximately $538,200.
cc: John D. Goss, City Manager
City Council
J,()--'l7
COUNCIL AGENDA STATEMENT
Item ~ I
Meeting Date 3/17/92
ITEM TITLE:
Report regarding potential changes to the Articles of Incorporation and
By-Laws of the Chula Vista Bayfront Conservancy Trust
SUBMITTED BY: Executive Director, Bayfront Conservancy Trust\'"
REVIEWED BY: City Managef!! (4/5ths Vote: Yes_ Nol)
Three changes in the Articles of Incorporation and By-Laws of the Chula Vista Bayfront
Conservancy Trust (BCT) have been proposed by the BCT Board of Directors. An additional
change regarding corporation membership has been recommended by the City Attorney and
affects the Council directly. The original documents showing the proposed changes and the
amended documents are attached for your consideration. The substantive changes are:
1. Changing the composition of the Board of Directors membership by:
0" Changing the National City and U.S. Fish and Wildlife seats to voting
directors; and
0" Adding an additional Citizen-at-Large director as a voting director; and
0" Adding a representative of the volunteers of the Nature Interpretive
Center as a voting director.
2. Creating "members" in the nonprofit corporation with the members comprised of the
Chula Vista City Council.
RECOMMENDATION: That Council recommend that the BCT Board of Directors execute the
proposed changes in the Articles of Incorporation and By-Laws of the Chula Vista Bayfront
Conservancy Trust.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The Bayfront Conservancy Trust is a public benefit, nonprofit corporation
formed in 1986 to enhance, restore and preserve the Sweetwater Marsh and to provide
educational programs and facilities. The BCT also oversees the operations of the Nature
Interpretive Center. At its March 24, 1992 meeting, the BCT Board of Directors will be
considering changes to its Articles of Incorporation and By-Laws to change voting rights of
some directors and to add two additional directors. Staff is also recommending that
corporation members be established and that they be comprised of the Mayor and City
Council.
Currently, the Chula Vista Bayfront Conservancy Trust Board of Directors consists of (1) the
Mayor of Chula Vista or his/her designee, who will also be the Chairman; (2) a representative
of the San Diego Unified Port District, who serves ex officio; (3) a representative appointed
by the County of San Diego Board of Supervisors; (4) a representative of the private land
d./ ~ /
Item :J. )
Meeting Date 3/1 7/92
ownership north of "G" Street within the Coastal Zone; (5) a representative of the educational
community from the field of environmental sciences; (6) a representative of an environmental
organization; (7) an appointee of the State Coastal Commission; (8) an appointee of the State
Coastal Conservancy; (9) a citizen-at-Iarge appointee of the Chula Vista City Council; (10) a
representative of the Department of Fish and Game (for purposes of advising the Bayfront
Conservancy Trust on management of wildlife habitat not contained within Sweetwater
Marsh, Vener Pond and "E" Street Marsh within the City of Chula Vista and described as
those uplands and wetlands within the u.S. Army Corps of Engineers Sweetwater Flood
Control Project mitigation lands); (11) a representative of the United States Fish and Wildlife
Service who serves ex officio; and (12) a representative of the City of National City, who
serves ex officio.
As previously stated, the BCT Board of Directors has requested that the Articles of
Incorporation and By-Laws of the BCT be amended to allow all directors with the exception
of the San Diego Unified Port District (at the Port's request), to be voting directors, the
addition of one more Citizen-at-Large director and a representative of the volunteers of the
Chula Vista Nature Interpretive Center. This change would increase the number of voting
directors from 9 to 13 and still eliminate the possibility of a tie vote.
During the review of the proposed changes, the City Attorney discovered a potentially
significant flaw in the structure of the corporation. The City Attorney's analysis is attached.
In preparing the original Articles/By-Laws for the BCT, it was formed with no members (in this
instance members are equivalent to shareholders in "for-profit" corporations) and by default,
all decisions are the responsibility of the Board of Directors. It is possible for the Board to
make detrimental changes to the corporation. As the City currently funds most aspects of
the Nature Center operations, this could result in a negative impact on the City if the BCT
Board acted in an inappropriate or capricious manner.
Without corporation members, the existing Board has the state-granted power to amend the
Articles and By-Laws [Section 5310 (b)]. This would allow the Board to reform itself. For
example, it is theoretically possible for the Board to vote to dissolve itself and then no one
would be in charge. This kind of extreme action can be avoided by creating a single
membership class, the Chula Vista City Council. This would give Council the authority to
make structural changes if needed. The Council would be required to conduct membership
meetings once in a great while to vote on changes to the Articles and By-Laws, etc.
Membership normally confers the power to vote for the election of directors except when the
directors are specified by the Charter (which they are in this case), on the disposition of all
or substantially all of the assets of the corporation, and on amendments to the Articles and
By-Laws.
The Board of Directors of the Bayfront Conservancy Trust will vote whether or not to make
some or all of the proposed changes at their March 24, 1992 meeting. Presently the BCT
Board of Directors has the power to amend their Articles of Incorporation and By-Laws
without Council approval. However, if the proposed changes are adopted by the BCT Board,
only the City Council would be able to make changes to the Articles of Incorporation.
),/., .2.
Item
J.J
Meeting Date
3/17/92
Consequently, the proposed changes would result in the City Council assuming more
responsibility for the BCT and the purpose of this item is to allow the Council to determine
whether or not it wishes to assume this responsibility.
Once corporation members are created, only they can change the Articles of Incorporation,
whereas the members and the Board of Directors will be able to change the By-Laws.
This provision will avoid having annual director election meetings and will permit, as much as
possible, the business of the BCT to be carried on as it has in the past. We are also proposing
a few other cosmetic changes to conform to state law and to maintain internal consistency
between the Articles of Incorporation and the By-Laws.
The intent of the original Incorporators was researched by staff to determine the
appropriateness of creating members. The City Attorney's recommendation appears to be
consistent with that intent. Specifically, the original intent was that as long as the City of
Chula Vista funded the operations and until the Beneficial Tax Assessment District began to
fund all operation expenses, the City of Chula Vista should have control over the BCT and the
Nature Center. Once the Tax Assessment District comes on-line, the BCT could become an
independent organization. When the midbayfront begins to generate tax revenues, the Council
and BCT Board may wish to reexamine the Articles and By-Laws.
FISCAL IMPACT: There will be no fiscal impact on the City.
B:\(Al13)\BYLAWS.BCT
cJ.JwJ / ;J.I-I()
From the Office of the city Attorney
City of Chula vista
Memorandum
From:
Bruce M. Boogaard, City
Attorney\M
Date:
March 13, 1992
To:
Honorable Mayor and Councilmembers
cc:
John Goss, City Manager
Dr. steve Neudecker, Executive Director
From:
Bruce M. Boogaard, City Attorney
Re:
Amendment of Articles and By-Laws
At the request of the Executive Director of the Bayfront Conser-
vancy Trust (tlBCTtI), I reviewed proposed changes to the By-Laws
which were designed primarily to grant three ex-officio members of
the Board of Directors voting status.Y
In the process of that review, I noted what I considered to be a
potentially serious flaw in the structure of the BCT that would
jeopardize the City's right to influence the primary trust asset--
to wit, the refuge land and Nature Interpretative Center (tlNICtI)~1
leaseholds.
The Problem
That flaw is explained as follows:
1. Except for some minor language changes which I recommended and
passed on to the Executive Director, which I note are incorporated
into the proposed By Laws, the proposed change was acceptable.
2. The city's Redevelopment Agency owns the NIC and has leased
same to the BCT. The U.S. Government has leased the refuge land to
the BCT for either 99 years or in perpetuity.
steve2.wp
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1. The BCT was organized as a nonprofit public benefit
corporation of the state of California, and as such is
governed by the state's Corporation Code.~
2. The Articles of Incorporation (which is
akin in the corporate world to a City's Charter) by
BCT was incorporated purport to structure the
Directors as follows:
Number of Members
Interest Represented
1
1
1
1
1
1
1
1
1
1
1
1
----1l
City of Chula Vista
Port of San Diego
County of San Diego
Adjacent Landowners
Educational Community
Environmental Groups
Coastal Commission
St. Coastal Conservancy
Citizens-at-Large
Department of Fish and Game
u.S. Fish and Wildlife
National City
(ex-officio)
(ex-officio)
lex-officiol
~
something
which the
Board of
Appointing Authority
Mayor of Chula Vista
Port District
Board of Supervisors
Chula Vista Investors
city Council
city Council
Coastal Commission
st. Coastal Conservancy
City Council
Department of Fish and Game
u.S. Fish and Wildlife
National City City Council
3. Therefore, with 12 total members, three of which are
ex-officioY, the Chula vista City Council has "significant
influence" over the activities undertaken by the BCT by virtue
of the fact that the Mayor is chairman of the Board and the
City Council is the appointing authority for the
"environmental representative" seat, the "educational seat",
and the citizen-at-large seat.
4. However, it should be recognized that the Council
does not have a controlling interest (including the Mayor, 4
of 9 votes) despite the fact that the Redevelopment Agency has
built the NIC, and the U.S. Government has leased the land
into the trust, and the City and Agency annually finances the
ongoing operations of the NIC which is supplemented by grants
and donations.
I am told that this lack of control was intentional to
distance the activities of the BCT from "political whims"--a
philosophy which is as much admired as it is respected by this
author. I can see how the Articles carefully create the Board
3. See Part 2 "Nonprofit Public Benefit Corporations" of Division
2 ("Public Benefit Corporations") of Title 1 (Nonprofit Corporation
Law) of the corporations Code commencing at section 5110.
4. i.e., they can't vote on matters, but have the authority to
participate in deliberations leading to votes.
steve2.wp
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to have a broad balance of interests designed to operate in a
"checks and balances" mode. But, as you will see, this
carefully designed balance can be disrupted by the Board
itself without recourse by the Council.
5. The BCT currently has no members.
The "non-profit" corporate law employs a concept of
membership. It is a blending of two concepts, one from
corporate law and one from trust law. Using the corporate law
analogy, members may, for the most part, be thought of as the
"for profit" corporate equivalent of shareholders. While they
don't have the power to govern the daily affairs of the
corporation, member powers can include any of the following:
A. Elect directors to the board.
B. Approve changes to the articles,
C. Adopt and change the by-laws,
D. Approve substantial corporate changes such as
the sale of a significant portion of the
corporate assets, liquidation, etc.
6. For a non-profit corporation with no members, the
Board of Directors has the unilateral authority to amend both
the By-Laws and the Articles of Incorporation.
Under section 5812 for a corporation which has no
members, amendments to the articles may be affected simply by
approval of the Board.
section 5812 provides, in pertinent part, as follows:
" (a) Except as provided in this section or section
5813.5, amendments [to Articles of Incorporation] may be
adopted if approved by the board and approved by the
members (Section 5034) and approved by such other person
or persons, if any, as required by the articles. The
approval by the members or other person or persons may be
before or after the approval by the board.
(b) Notwithstanding subdivision (a), the following
amendments [to the Articles of Incorporation] may be
adopted by approval of the board alone: ...
(3) Any amendment, at a time the corporation
has no members; provided, however, that if the
articles require approval by any person for an
amendment, that an amendment may not be
adopted without such approval.. "
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7. Therefore, it is possible (And I state this without
intending whatsoever to impune the integrity of the current
board of directors of the BCT who have and continue to
unselfishly donate their time and efforts to improving our
bay front wildlife refuge.) for the Board Members to
restructure the governance of the corporate trust without any
accounting to anyone for their actions.
Thus, as examples of worst case scenarios, the Board
could, at any time, vote to amend the Articles to provide that
they shall be the directors for life, or that all the direc-
tors shall be appointed by landowner interests, or that all
directors shall be appointed by the Port District.
Proposed Solutions
There are several ways to address this risk.
Alternative A. The Corporations Code permits the situation in
which a third party group, such as the Council, could be required
to approve any amendment to the Articles even though they are not
members. Thus Alternative A is: amend the Articles to require
that the Council approve all amendments to the Articles and the By-
Laws. This would prevent changes to the Board structure from
becoming effective unless they are first seen and approved by the
Council.
Alternative B. Amend the Articles to give the Council
membership status, with the power to amend the Articles and the By-
Laws, but not elect the Board of Directors.
I have proposed Alternative B for the following reasons:
1. If the Council's vigilance is momentarily dropped at any
time in the future as to this problem, a change could "slip
through" which would be non-reversable by subsequent Council
action. For example, assume in 1992 that the Board is convinced to
amend the Articles to require that the city Council approve all
subsequent amendments to the Articles. Then a particular Council
in 20 years from now has a busy agenda and the Board of the BCT
proposes a large number of changes to the Articles one of which
removes the Council's right to approve amendments, then changes the
Articles to provide that the term of the current Board is extended
for life. The Council could never reverse that act without their
consent.
2. Although the Board currently has a "good" balance, if the
Council ever believes in the future that additional interests need
to be represented on the BCT, if the Council only has approval
power, they can not initiate their own proposed amendments.
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3. Under Alternative A, all minor amendments to the By-Laws
would have to come before the Council, occupying the time and
attention of the council and requiring them to become involved in
the intricate affairs of the administration of the BCT.
None of these disadvantages of Alternative A exist in
Alternative B--the creation of a member class. As members, the
council could initiate their own changes both to the Articles and
the By-Laws at such time and from time to time as they desire. As
such, they will be able to correct their own prior mistakes and
oversights. As members, the council has the power to initiate
their own changes without depending on the Board for approval.
Therefore, they don't have to be concerned with minor technical
changes to the By-Laws unless and until it becomes a significant
problem.
Therefore I propose that your Board amend the BCT Articles of
Incorporation to provide as follows:
Article IV--Members
The Corporation shall have five (5) members, all of which
shall belong to a single class, to wit: the Chula vista City
Council. The five (5) members shall be the four (4)
councilmembers of the Chula vista City Council and the Mayor
of the City of Chula vista. The term of each member shall be
coterminous with their Office on the Chula vista City Council.
There shall be no other class of members, and no other
members..!.. I uRIE;oo the Beara af Dircet.erz ohall ethert...isc
opccify ill the By La\:s, aRe. thCH, cbleR Blcm1gero oRall B.a.,;€: SHea
rig-ata ao may be: spe:eifieEi 19~f the Beara ifl t.he: B~f Lat..s. There
shall be no consideration charged for such memberships. The
memberships are non-transferrable. A members status termin-
ates in any individual Councilperson upon loss of Office as a
Councilmember or Mayor, including loss of Office due to death,
and vests in the successor to the Office. The Members shall
not have the power to elect the directors: the directors shall
be appointed in the manner provided herein or in the manner
provided in the Bv-Laws. The Members shall have the power to
initiate amendments to these Articles and Bv-Laws. and shall
approve anv transaction bv which a siqnificant portion of the
trust assets are transferred. Bv-Law amendments made bv the
Members mav not be altered bv the Board of Directors. Bv-Law
amendments made bv the Board need not be approved bv the
Members. but the Members shall be provided notice of same.
I have elsewhere proposed minor
been conveyed to the Executive
communication.
clean up language which has
Director in a separate
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RESTATED ARTICLES OF INCORPORATION
OF
CHULA VISTA BAYFRONT CONSERVANCY TRUST
The undersifffied. beinQ' the Executive Director of the Chula Vista. Bavfront Conservancy Trust. an
officer of the Corooration whose Dosition and authoritv has heen established bv the Bv-Laws of the
Corooration. does herebv certifv that the followinl! sets forth the Articles of Incorooration as
amended to the date of filinl! of this certificate with the Secretarv of State:
Article I-Name
The name of this corporation is Chula Vista Bayfront Conservancy Trust.
Article II--Nature and PnmOfle of Onmnimtion
A. This srgaaizatisa corooration is a nonprofit public benefit corporation and is not
organized for the private gain of any person. It is organized under the Nonprofit Public
Benefit Corporation Law for public and charitable purposes.
B. The specific purposes for which this corporation is organized include, but are not limited
to: preserving land for scientific, ecological, recreational, scenic and open space
opportunities; engaging in the restoration, enhancement and preservation of the
Sweetwater Marsh complex stltside af the U.S. :\l'ffi) Cs",s sf Eagiaeers S" eet... ateI'
Fleed Caatrel Preject mitigatisa lllftds; receiving and holding dedications of land, and
increasing public knowledge of and support for natural resource conservation.
~\ftiele In Aileftt'8I' &rvir.e afPftw-RS
The aame Md address ia the State ef Califel'llia af tffls earllsratiaa's iaitial ageat fal' sm','iee af
pf8ef,S8 is:
Name:
Addl'ess.
Palll a. Desl'achers, Csmmllfli~ De.clspmeat Direetel'
Cit) af Chilla Vista
276 Fallrih A.ealle
Clmla Yista, Cf. BIBl9
w m-T ,imitations ofPnwen; ofC..nMlOration
A. The corporation is organized and operated exclusively for charitable purposes within the
meaning of Section 501(c)(3) of the Internal Revenue Code.
B. Notwithstanding any other provisions of these Articles, the corporation shall not carryon
any other activities not permitted to be carries on (1) by a corporation exempt from federal income
tax under Section 501(c)(3) of the Internal Revenue Code or (2) by a corporation contributions to
which are deductible under Section 170(c)(2) of said Code, or the corresponding provisions of any
future statute of the United States.
C. No substantial part of the activities of this corporation shall consist of carrying on
propaganda or otherwise attempting to influence legislation; nor shall the corporation participate
or intervene in any political campaign (including the publishing or distribution of statements) on
behalf of any candidate for public office.
~-"
Article IV-Members
The Cornoration shall have five (5) members all of which shall helonQ' to a sinp-Ie class to
wit: the Chula Vista City Council. The five (5) members shall be the four (4) councilmembers of
the Chula Vista City Council and the Mavor of the City of Chula Vista. The term of each member
shall be coterminous with their office on the Chula Vista City Council. There shall be no other
class of members There shall be no considerat.ion charQ'ed for such memhershins The
mambershins are non-transferable Membershin terminates unon loss of office as a
Councilmember or Mavor. inc\udinl!" loss of office due to death The Members shall not have the
nower to elect the directors' the directors shall be annointed in the manner nrovided herein or in the
manner nrovided in the Bv.Laws The Members shall have the Dower to initiate amendments to
these Articles and Bv-Laws. and Rhall annrove any transaction bv which a Rirmificant Dortion of
the trust assets are transferred Bv-Law amendments made bv the Members may not be altered bv
the Board of Directors. Bv-Law amendments made bv the bv the Board need not be annroved hv the
Members. hut the Memhers shall be nrovided notice of same
Article V-Board of Directors
The Chula 'fYista Bayfront Conservancy Trust shall be governed by a Board of Directors.
The Directors shall not be elected bv the members. but shall be desimated as to their
numbers. renresentative canacities votin!! ril!"hts and such other ril!"hts bv the Bv-Laws of the
Cornoration which may from time to time be established and amended at the discretion and
maioritv vote of the Board of Directors In the absence of such alternative desimation in the Bv-
LJuu., 'Fthe Board will consist of (1) the Mayor of Chula Vista or hislher designee, who will also be
the Chairman; (2) an represeRtati.e annointee of the San Diego Unified Port District, who shall
serve ex officio; (3) an represeRtati. e llJlpaiRted annointee ofby the County of San Diego Board of
Supervisors; (4) a representative of the private land ownership north of "G" Street within the
Coastal Zone; (5) a nerson annointed bv the City Council to renresent the interest ofreJlreseRtati.e af
the educational community who Rhall have emnlovment eJ('nerience in environmental sciences
education; fram the Held af eR.iraRmeRtal seieRees; (6) a nerson annointed bv the City Council
who is a member of reJlTescRtati.e an environmental organization; (7) an appointee of the State
Coastal Commission; (8) an appointee of the State Coastal Conservancy; (9 and 10) ~citizen.at-
large appointee~ of the Chula Vista City Council; (W 1ll an represc"tllti.e annointee of the
Department of Fish and Game [(for purpases af ad, isiR~ the Bayfraftt Oaftse1'\ May Trust SR
maRagemcRt sf .. ilajjfe habitat "st eafttaiRea .. ithiR 8.. eet .vater Marsh, VeReI' PSRa ftfta "E"
8treet Marsh .. ithiR the Oit) sf Ohwa Vista aRd described as those uplftftds Md .. etlftftds .. ithiR
the U.8. :rl"ftl) Osrps af ERgifteerS 8..eet..ater Fload OSRtrol Project lftitigatiOR Iftftds, ] (H.J2) a
representative of the United States Fish and Wildlife Service [..hs shall sene ex smeis]; "flftti(~
III an TtlflreSefttati.e annointee of the City of National Cit) [, ..ha shall sene ex ameio]; and (14)
an annointee from the volunteers ofthe Chula Vista Nature Internretive Center.
SJleeial prstisio"s apJlI) ta the folls..iR~ Rumbered seats:
(4) At the time .. heR special iffiJlrs. emeRt dish;ets are f1}rmed ift the subject area, a
represcRtati\ e sf the eolIecti"le flri. ate o.",erships .. ill be selected oR aR electioft basis
supen ised ~ the Oit) of Ohwa Vista.
(Ii) The Ohail'ftlM shall rellllCst the Ohftfteellor af the U ni. ersit) af Oalifamia, 8aR Dicf;a ar
the Preside"t af8M Di~s State URi.eI'sit) ta dcs~ftate the rcprese"tati.e of the
edueatiaftal e6lBffillfti1). 8aid reprcseRtati.e shaH be alternated bet..eeft the t..a
UBi \' ersities.
2
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(6) The C1l.lila Vista City Celilieil .lill req1iest, eft a tue )eM ret;atieli basie, a represelitati.e
fram a regioRalJ, re.eagn1Et:.tI 6r~anizati6R ..1\8S8 aim is the IlF6teetisR Rlul
eOHser:. atiaR sf tfte. :n.stlt'ral 8ft. ir6RlBeRt.
(7), (8) IIfld (19)
Tft6B6 appointed lBlt), em Reed Rat Be..me.m6M'S aftfte ga"erBi:nc' 56Maa afthe- State CesaMI
Cemmissiali, SliMe Ceastal Celieenali!:), er Ilcpartmoot efFish 1Ifl6 Came, respectivcly.
VI--Dissolution of Trust
A. The property ofthis Corporation is irrevocably dedicated to charitable purposes, and
no part of the net income or assets of the corporation shall ever inure to the benefit of
any director, trustee, member JlI officer of this corporation, or to any private person.
B. Upon the dissolution of the corporation, any assets remaining after payment of, or
provision for payment of, all debts and liabilities shall be distributed to a governmental
entity described in Section 170(b)(1)(A)(v) of the Internal Revenue Code, or to a non-
profit fund, foundation, or corporation which is organized and operated exclusively for
charitable purposes, which has bl:l:n established its tax exempt status under Section
501(c)(3) of the Internal Revenue Code, and which is qualified to receive "qualified
conservation contributions" within the meaning of Section 170(h) of said Code, or the
corresponding provisions of any future statute of the United States.
C. In the event of a liquidation of this corporation, all corporate assets shall be disposed of
in such Jl manner as may be directed by the court consistent with applicable provisions of
the Corporations Code.
IN WITNESS WHEREOF, the lili6ersigfle6, beilig the lli8erpsratsrs sf lhe..Ch>tla 'Iista Bayfrslit
C8ftsel"'\ 8fte~ Tmat Bame.d in tlle.se f~rticle..s sf Inea:F:psra1ii6B, hR. e. 6Xe.e\:lted. these 6"d'tieles M
lli8srporatisIi SIi March 24, 1992. (~ 22, 1986].
INCORPOR.'.TORS
lliesrpsratsr
Ine81.1J8ystSY
DECL..-\RATION
'.'.'e Me the pereolis WfteBe Iiames are slibscribed belo,.. We cellecti.ely are all sf the iftearperali6rs
of Coola '!ista Ba;yfrolit COIiS6i'\ llfte) Tn.et named in the .'d'tieles sf Inoorporatieli, llIi6 u e ha. e
""eettted these .~.rtieles ef lli8orperatioli. The foregemg hrtieles ef lli8erperatisli are elir act alid
deed, jeint and se.erally.
3
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EX!lmted 6ft March 24, 1992, at Ckt>la Vista, Cftlifomia.
'1.'8, 81"j !laeli 6f liS, 6eellH'e that the feregoiftg i. true _6 e6fTeet.
Ine6I'p61"atar
IRearp6raiay
The undersilmed does hereby further certify that these Restated Articles of Incornoration of the
Chula Vista Bavfront Conservancy Trust ("Restated Articles") are bein!!' made aooroximately six
years after the filin!!' of the oril!'inal articles of incornoration were first filed ("Oril!'inal
Articles"). after the aooointment of a Board of Directors under the authority of the Oril!'inal
Articles. and after the adootion of By-Laws by the Board of Directors: that no amendments of the
Oril!'inal Articles have occurred since incomoration: that these Restated Articles have been
aooroyed by the Board of Directors at their meetin!!' of March 24. 1992' that the amendment to the
Articles herein effected is one for which the anorova] bv the Board of Directors alone is reouired
under the authority of Section 58122 (b) (3) by virtue of the fact that the Comoration. until this filin!!'
is effective has no members at the time the Restated Articles were aonToved bv the Board: and that
no other nerBon or nersons are entitled or reQuired to aonTove any amendments to the Articles.
Dated:
1992
Dr. Stenhen K Neudecker
Executive Director
Bavfront Conservancy Trust
4
~J -1'1' /01.1-18
RESTATED ARTICLES OF INCORPORATION
OF
CHULA VISTA BAYFRONT CONSERVANCY TRUST
The undersigned, being the Executive Director of the Chula Vista Bayfront Conservancy
Trust, an officer of the Corporation whose position and authority has been established by the By-
Laws of the Corporation, does hereby certify that the following sets forth the Articles of
Incorporation as amended to the date of filing of this certificate with the Secretary of State:
Article I--Name
The name of this corporation is Chula Vista Bayfront Conservancy Trust.
Article ll-Nature and Purpose of Organization
A. This corporation is a nonprofit public benefit corporation and is not organized for the
private gain of any person. It is organized under the Nonprofit Public Benefit Corporation
Law for public and charitable purposes.
B. The specific purposes for which this corporation is organized include, but are not limited
to: preserving land for scientific, ecological, recreational, scenic and open space
opportunities; engaging in the restoration, enhancement and preservation of the
Sweetwater Marsh complex outside of the U.S. Army Corps of Engineers Sweetwater
Flood Control Project mitigation lands; receiving and holding dedications of land, and
increasing public knowledge of and support for natural resource conservation.
Article ID-Limitations of Powers of Corporation
A. The corporation is organized and operated exclusively for charitable purposes within the
meaning of Section 501(c)(3) of the Internal Revenue Code.
B. Notwithstanding any other provisions of these Articles, the corporation shall not carryon
any other activities not permitted to be carries on (1) by a corporation exempt from federal income
tax under Section 501(c)(3) of the Internal Revenue Code or (2) by a corporation contributions to
which are deductible under Section 170(c)(2) of said Code, or the corresponding provisions of any
future statute of the United States.
C. No substantial part of the activities of this corporation shall consist of carrying on
propaganda or otherwise attempting to influence legislation; nor shall the corporation participate
or intervene in any political campaign (including the publishing or distribution of statements) on
behalf of any candidate for public office.
Article IV-Members
The Corporation shall have five (5) members, all of which shall belong to a single class, to
wit: the Chula Vista City Council. The five (5) members shall be the four (4) councilmembers of
the Chula Vista City Council and the Mayor of the City of Chula Vista. The term of each member
shall be coterminous with their office on the Chula Vista City Council. There shall be no other
class of members. There shall be no consideration charged for such memberships. The
memberships are non-transferable. Membership terminates upon loss of office as a
Councilmember or Mayor, including loss of office due to death. The Members shall not have the
power to elect the directors; the directors shall be appointed in the manner provided herein or in the
~\ -Ic:i
manner provided in the By-Laws. The Members shall have the power to initiate amendments to
these Articles and By-Laws, and shall approve any transaction by which a significant portion of
the trust assets are transferred. By-Law amendments made by the Members may not be altered by
the Board of Directors. By-Law amendments made by the by the Board need not be approved by the
Members, but the Members shall be provided notice of same.
Article V-Board ofDirectoJ'll
The Chula Vista Bayfront Conservancy Trust shall be governed by a Board of Directors.
The Directors shall not be elected by the members, but shall be designated as to their
numbers, representative capacities, voting rights, and such other rights by the By-Laws of the
Corporation, which may from time to time be established and amended at the discretion and
majority vote of the Board of Directors. In the absence of such alternative designation in the By-
Laws, the Board will consist of (1) the Mayor of Chula Vista or hislher designee, who will also be
the Chairman; (2) an appointee of the San Diego Unified Port District, who shall serve ex officio;
(3) an appointee of the County of San Diego Board of Supervisors; (4) a representative of the private
land ownership north of "G" Street within the Coastal Zone; (5) a person appointed by the City
Council to represent the interest of the university educational community who shall have
employment experience in environmental sciences education; (6) a person appointed by the City
Council who is a member of an environmental organization; (7) an appointee of the State Coastal
Commission; (8) an appointee of the State Coastal Conservancy; (9, and 10) two citizen-at-large
appointees of the Chula Vista City Council; (11) an appointee of the Department ofFish and Game;
(12) the Manager of the Sweetwater Marsh National Wildlife Refuge, (13) a representative of the
City Council of the City of National City, and (14) a representative from the volunteers of the Chula
Vista Nature Interpretive Center.
Article VI--Dissolution of Trust
A. The property of this Corporation is irrevocably dedicated to charitable purposes, and
no part of the net income or assets of the corporation shall ever inure to the benefit of
any director, trustee, member or officer of this corporation, or to any private person.
B. Upon the dissolution of the corporation, any assets remaining after payment of, or
provision for payment of, all debts and liabilities shall be distributed to a governmental
entity described in Section 170(b)(1)(A)(v) of the Internal Revenue Code, or to a non-
profit fund, foundation, or corporation which is organized and operated exclusively for
charitable purposes, which has established its tax exempt status under Section
501(c)(3) of the Internal Revenue Code, and which is qualified to receive "qualified
conservation contributions" within the meaning of Section 170(h) of said Code, or the
corresponding provisions of any future statute of the United States.
C. In the event of a liquidation of this corporation, all corporate assets shall be disposed of
in such a manner as may be directed by the court consistent with applicable provisions of
the Corporations Code."
The undersigned does hereby further certify that these Restated Articles of Incorporation of
the Chula Vista Bayfront Conservancy Trust ("Restated Articles") are being made approximately
six years after the filing of the original articles of incorporation were first filed ("Original
Articles"), after the appointment of a Board of Directors under the authority of the Original
Articles, and after the adoption of By-Laws by the Board of Directors; that no amendments of the
Original Articles have occurred since incorporation; that these Restated Articles have been
2
~I.I(,
approved by the Board of Directors at their meeting of March 24, 1992; that the amendment to the
Articles herein effected is one for which the approval by the Board of Directors alone is required
under the authority of Section 58122 (b) (3) by virtue of the fact that the Corporation, until this filing
is effective, has no members at the time the Restated Articles were approved by the Board; and that
no other person or persons are entitled or required to approve any amendments to the Articles.
Dated:
, 1992
Dr. Stephen K. Neudecker
Executive Director
Bayfront Conservancy Trust
3
d-I-ll
BY-LAWS
OF
CHULA VISTA BAYFRONT CONSERVANCY TRUST
ARTICLE I
NAMES, PURPOSES AND PRINCIPAL OFFICE
Section 1.1
Ra.m.e..
The name of this corporation is Chula Vista Bayfront Conservancy Trust.
Section 1.2
Purnoses.
The corporation is organized under the Nonprofit Public Benefit Corporation Law
of California exclusively for charitable and educational purposes, within the meaning of Section
501(c)(3) of the Internal Revenue Code of 1954.
The specific purposes of this corporation include, but are not limited to, preserving
land for scientific, ecological, recreational, scenic and open space opportunities; engaging in the
restoration, enhancement and preservation of the Sweetwater Marsh complex eliteide of the U.S.
Arm) cof1ls of EIig1licers S..cet..at.er Flood COlitrol Projeet mitigatioli lands; receiving and
holding dedications of land; and increasing public knowledge of and support for natural resource
conservation.
Section 1.3
Princioal Office.
The principal office of this corporation shall be located in the City of Chula Vista,
State of California, at an address to be established by resolution of the Board of Directors.
ARTICLE II
MEMBERSHIP
This eerl'eratioli shall ha,,, lie members.
The Corooration shall have five (5) members. all of which shall belon!!' to a sin"le class. to
wit: the Chula Vista City Council. The five (5) members shall be the four (4) councilmembers of
the Chu]a Vista City Council and the Mavor of the City of Chula Vista. The term of each member
shall be coterminous with their office on the Chula Vista City Council. There shall be no other
class of members. and no other members unless the Board of Directors shall otherwise soecifv in
the Bv-Laws and then. such members shall have such ri"hts as may be soecified bv the Board in
the Bv-Laws There shall be no consideration char"ed for such membershios. The membershios
are non-transferrable Membershio terminates UDon ]OSR of office as a Councilmemher or Mavor.
includin" loss of office due to death
ARTICLE III
BOARD OF DIRECTORS
(Revised 3/24/92)
1
:;) \ - 1,
Section 3.1
Powers.
This corporation shall have powers to the full extent allowed by law. All powers
and activities of this corporation shall be exercised and managed directly by the Board.
Section 3.2 Number of Directors.
The authorized number of directors shall be t..elve (12) fourteen 114\.
Section 3.2
Selection of Directors.
The Board will consist of (1) the Mayor of Chula Vista or hislher designee. who will also be
the Chairman; (2) an YellreseBt;eti.e annointee of the San Diego Unified Port District, who shall
serve ex officio; (3) an rellreSeBt;a1;i. e llflllOiftted annointee ofhy the County of San Diego Board of
Supervisors; (4) a representative of the private land ownership north of "G" Street within the
Coastal Zone; (5) a nerson annointed bv the Citv Council to renresent the interest ofl'6llreaefttati.e of
the educational community who shall have emnlovment exnerience in environmental sciences
education; Hom the field of eB.iroftmefttal seieftees; (6) a Gerson annointed bv the Citv Council
who is a member ofrOJlresefttati.e an environmental organization; (7) an appointee of the State
Coastal Commission; (8) an appointee of the State Coastal Conservancy; (9 and 10) ~citizen'at-
large appointee~ of the Chula Vista City Council; (W W an rOJlreseftta1;i. e annointee of the
Department of Fish and Game [(far Il11YJlOSes of ad. isiftg the Bw.vfroftt Coftse....lifteJ TI-llst 6ft
maftagelfteftt of .. i1dlifc habitat ftot eoftt;aifted .. ithin 8.. eet.. ater Marsh, 'fefter Foftd 8ftd "E"
Street Marsh .. ithift the Ci~ of Ch11la Vista !lfid de3erihed as those ItJllands liftd .. ed8ftda ~ ithift
the U.8. t.rm) Corlls of EftgiftOers 8.. cet..atcr Floed Cofttrel Fr&ject lftitigll1;ieft 18ftds; ] (H.l2) a
representative of the United States Fish and Wildlife Service [..ho shall sene ex offieio];"ftftd (12
13.) an I'6llresefttftti.e annointee of the City of National Cit) [, ..ho shall sene ex offieie]; and (14)
an annointee from the volunteers of the Chula Vista Nature Internretive Center.
Special provisions apply to the following numbered seats:
(4) At the time when special improvement districts are formed in the subject area, a
representative of the collective private ownerships will be selected on an election basis
supervised by the City of Chula Vista.
(5) The Chairman shall request the Chancellor of the University of California, San Diego or
the President of San Diego State University to designate the representative of the
educational community. Said representative shall be alternated between the two
universities.
(6) The Chula Vista City Council will request, on a two-year rotation basis, a representative
from a regionally recognized organization whose aim is the protection and
conservation of the natural environment.
(7), (8) and (W ill
Those appointed may, but need not be members of the governing boards of the State Coastal
Commission, State Coastal Conservancy, or Department of Fish and Game, respectively.
ail. The volunteers of the Chula Vista Nature Internretive Center shall elect a Docent. bv simnle
majority vote. and recommend that Docent's annointment bv the Chula Vist.a City Council
for a two-vear term.
(Revised 3/24/92)
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Section 3.4
Term of Office of Directors
The Mayor of Chula Vista, serving as a director by virtue of his/her elected public
office, shall be a director during his/her entire tenure as Mayor and shall be succeeded as a
director at the same time as he/she is replaced as Mayor. The term of directors shall be two (2)
years.
Section 3.4.1 Each director shall hold office until the expiration of the term for
which appointed, and until a successor has been appointed or elected.
Section 3.4.2 Appointed directors may be removed at any time by the appointing
power during their term.
Section 3,3 3.5 Vacancies.
A vacancy shall be deemed to exist in the event that the actual number of directors is
less than the authorized number for any reason, including resignation or removal of the director
by his/her appointing authority. Notice must be given to the Board of the removal of a director and
the identity of the new appointee-director.
Section 3,4 3.6 Meetin"s.
The meetings of the Board of Directors shall be open to the public and held in
accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq.
Section &6 37 Annual Meetin".
The annual meeting of the Board of Directors shall be held on the fourth Tuesday of
September of each year.
Section &6 38 Re=lar Meetin"s.
The Board of Directors, by resolutions, may establish a schedule of regular hi:.
monthly meetings of the Board of Directors.
Section &'t 3.9 Soecial Meetin"s.
Special meetings of the Board of Directors may be called by the chairman, or by any
two (2) directors, by written notice delivered personally as well as by telephone or telegraph to each
of the directors, or mailed by first class mail at least four (4) days or more prior to any such
meetings. The notice shall state the time, place, and subject matter of such special meeting.
Section &8 JUQ
Quorum.
Five votin" members .\ ml\ieri~ ef tftB mreetars tftell ill ef!iee shall constitute a
quorum for the transaction of business at re=lar bi-monthlv meetin"s. except to adjourn as
provided in Section 3.11 of this Article III. Every act or decision by a majority of the directors
present shall be regarded as the act of the Board of Directors, subject to the provisions of the
California Nonprofit Public Benefit Corporation Law including, without limitations, those
provisions relating to (i) approval of contracts or transactions in which a director has a direct or
indirect material financial interest, (ii) creation of and appointments to committees of the board,
and (iii) indemnification of directors., A meeting at which a quorum is initially present may
continue to transact business, notwithstanding the withdrawal of directors, if any action taken is
approved by at least a majority of the required quorum for that meeting.
(Revised 3/24/92)
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Section &9 aJ1
Ad1ournment.
A majority of the directors present, whether or not constituting a quorum may
adjourn any meeting to another time and place. Notice of the time and place of holding an
adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in
which case personal notice of the time and place shall be given before the time of the adjourned
meeting to the directors who were not present at the time of the adjournment.
Section Bd9 a.u
Standard of Care.
A General. A director shall perform the duties of a director, including duties as a
member of any committee of the board on which the director may serve in good faith, in a manner
such director believes to be in the best interests of this corporation, and with such care, including
reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar
circumstances.
In performing the duties of a director, a director shall be entitled to rely on
information, opinions, reports or statements including financial statements and other financial
data, in each case prepared or presented by:
(1) One or more officers or employees of the corporation whom the director
believes to be reliable and competent in the matters presented;
(2) Counsel, independent accountants or other persons as to matters which the
director believes to be within such person's professional or expert competence; or
(3) A committee of the board upon which the director does not serve, as to
matters within its designated authority, which committee the director believes to merit confidence,
so long as in any such case, the director acts in good faith, after reasonable inquiry when the need
therefor is indicated by the circumstances and without knowledge that would cause such reliance
to be unwarranted.
A person who performs the duties of a director in accordance with the foregoing
shall have no liability based upon any failure or alleged failure to discharge that person's
obligations as a director.
B. Non-Liabilitv of Directors. The directors shall not be personally liable for the
debts, liabilities, or other obligations of the corporation.
C. Indemnification bv Corooration of Directors. Officers Emnlovees and Other
Ments. To the extent that a person who is, or was, a director, officer, employee or other agent of this
corporation has been successful on the merits in defense of any civil, criminal, administrative or
investigative proceeding brought to procure a judgement against such person by reason of fact that
he or she is, or was, an agent of the corporation, or has been successful in defense of any claim,
issue or matter, therein, such person shall be indemnified against expenses actually and
reasonable incurred by the person in connection with such proceeding.
If such person either settles any such claim or sustains a judgment against him or
her, then indemnification against expenses, judgments, fines, settlements and other amounts
reasonably incurred in connection with such proceedings shall be provided by this corporation but
only to the extent allowed, by and in accordance with the requirements of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
D. Insurance for Coroorate Ments. Tbe corporation shall have the right to
purchase and maintain insurance to the full extent permitted by law on behalf of any agent of the
corporation, including a director, officer, employee or other agent of the corporation, against any
(Revised 3/24/92)
4
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liability asserted against or incurred by any officer, director, employee, or agent in such capacity
or arising out of the officer's, director's, employee's or agents status as such.
Section 3.13 Prohibited Transactions.
A . L2llna. This corporation shall not make any loan of money or property to or
guarantee the obligation of any director or officer; provided, however, that this corporation may
advance money to a director or officer of this corporation for expenses reasonably anticipated to be
incurred in performance of the duties of such officer or director so long as such individual would
be entitled to be reimbursed for such expenses absent the advance.
B. In addition to the above prohibition, the actions of a director or officer shall
comport with all applicable provisions of the Corporations Code, Government Code and the Public
Contracts Code.
Section 3.14 Comoensation.
At all times, fifty-one percent (51%) or more of the directors shall be persons who
have not been compensated, within the previous twelve months, by this corporation for services
performed for this corporation. In this Section, the term performed for this corporation. In this
Section, the term "persons" includes individuals related by blood or marriage.
ARTICLE IV
COMMITTEES
Section 4.1
Commit.tees of Direct.oTs.
The Board of Directors may designate one (1) or more committees, each consisting
of three(3) or more directors to serve at the pleasure of the board. Appointments to all committees
shall be made by a majority vote of the directors then in office. Any committee, to the extent
provided in the board resolution, shall have all the authority of the board, except that no committee,
regardless of board resolution may:
A. Fill vacancies on the Board of Directors or on any committee;
B. Expend any corporate funds for any purpose without the express
authorization of the Board of Directors;
C. Amend or repeal By-Laws or adopt new By-Laws;
D. Amend or repeal any resolution of the Board of Directors which by its
express terms is not so amendable or repealable;
E. Appoint any other committees of the Board of Directors.
Section 4.2
Meetin!!s.
Meetings and actions of committees shall be governed by and held and taken in
accordance with the provisions of Article III of these By-Laws concerning meetings of directors,
with such changes in the context of those By-Laws as are necessary to substitute the committee and
its members for the Board of Directors and its members. Minutes shall be kept of each meeting of
any committee and shall be filed with the corporate records. The Board of Directors may adopt
rules for the governance of any committee not inconsistent with the provisions of these By-Laws.
(Revised 3/24/92)
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ARTICLE V
OFFICERS
Section 5.1
OfficeTR.
The officers of this corporation shall be chairman, vice-chairman, secretary and
treasurer. The corporation may also have at the discretion of the directors, such other officers as
may be appointed by the directors. Any number of offices may be held by the same person, except
that neither the secretary nor the treasurer may serve concurrently as the chairman of the board.
The chairman shall be the Mayor of Chula Vista or his/her designee. .!J'fte
tt"eaBllrer af this carporatisft shaH be selected Ham the membership af tll.e Baard af Direet6rs, aftd
mll8t be a member of tile ba....d. Otiler Officers of the corporation need not be members of the Board
of Directors.
Section 5.2
Election.
The officers of this corporation, with the exception of the chairman, shall be chosen
annually by the directors, and each shall serve at the pleasure of the board, subject to the rights, if
any, of an officer under any contract of employment. The officers of the corporation shall be
elected at the annual meetings.
Section 5.3
Removal.
Subject to the rights, if any, of an officer under any contract of employment, any
officer, with the exception of the chairman, may be removed by a majority vote of the Board of
Directors pursuant to applicable law.
Section 5.4
ResiQ'nation.
An officer may resign at any time by giving written notice to this corporation. The
resignation shall take effect at the date of the receipt of that notice or at any later time specified by
that notice, and unless otherwise specified in that notice, the acceptance of the resignation shall not
be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of this
corporation under any contract to which the officer is a party.
Section 5.5
Vacancies.
A vacancy in any office for any reason shall be filled in the manner described in
these By-Laws for regular appointments to that office.
Section 5.6
Chairman.
The chairman shall be the chief executive officer of the corporation, shall preside at
all meetings of the Board of Directors and shall, subject to control of the board, or subject 0 such
other actions as the board may take, generally supervise, direct and control the business and the
officers of the corporation.
Section 5.7
Vice-Chairman.
In the absence of the chairman, the vice-chairman shall preside at all meetings of
the Board of Directors, and shall, subject to the control of the board, have the powers and duties of the
chairman.
(Revised 3/24/92)
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Section 5.8
Secretarv.
The secretary shall keep a full and complete record of the proceedings of the board
and committees of the board, shall keep the seal of the corporation and affix the same to such papers
and instruments as may be required in the regular course of business, shall make service of such
notices as is required by these By-Laws or as may be proper, shall supervise the keeping of the
books of the corporation, and shall discharge such other duties as pertain to the office or as
prescribed by the directors. The secretary shall keep or cause to be kept, at the corporation's
principal office, a copy of the Articles of Incorporation and By-Laws.
Section 5.9
Treasurer.
The treasurer shall have charge and custody of all funds of the corporation, shall
deposit such funds in the manner required by the board, shall keep and maintain adequate and
correct accounts of the corporations's properties and business transactions, shall render reports
and accountings as required, and shall discharge such other duties as pertain to the office or as
prescribed by the directors. The books of account shall be open to inspection by any officer at all
reasonable times. The board may require the treasurer to give the corporation a bond in the
amount and with the surety or sureties specified by the board for faithful performance of the duties
of the office and for restoration to the corporation of all of its books, papers, vouchers, money, and
other property of every kind in the possession or under the control of the chief financial officer on
his or hr death, resignation, retirement, or removal from office.
ARTICLE VI
REPORT TO DIRECTORS
Section 6.1 Annual ReDort. The chairman shall furnish a written report within
120 days after the end ofthe corporation's fiscal year to all of the directors containing the following
information:
A. The assets and liabilities, including the trust funds, of this corporation as of
the end of the fiscal year;
B. The principal changes in assets and liabilities, including trust funds,
during the fiscal year;
C. The revenue or receipts of this corporation, both unrestricted and
restricted for particular purposes, for the fiscal year;
D. The expenses or disbursements of this corporation, for both general and
restricted purposes during the fiscal year;
E. The amount and circumstances of any indemnifications or advances
aggregating more than TWO THOUSAND DOLLARS (2,000.00) paid
during the fiscal year to any officer or director of the corporation.
The annual report shall be accompanied by a report on the corporation by
independent accountants or, if there is no such report, by the certificate of an authorized officer of
the corporation that such statements were prepared without audit from the corporation's books and
records.
(Revised 3/24/92)
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Section 6.2
Insnection bv Directors.
Every director shall have the absolute right at any reasonable time to inspect the
corporation's books, records, documents of every kind and the corporation's property. The right of
inspection includes the right to copy and make extracts of documents.
Section 6.2.1 The corporation's books, records, documents of every kind shall be
public records available for inspection by the public.
ARTICLE VII
AMENDMENTS
Section 7.1
Amendment of Articles of Incornoration.
Proposed amendments to this corporation's Articles of Incorporation must be
submitted in writing to the directors members at least one (1) month in advance of the board
meeting at which they will be considered for adoption. The vote of two-thirds (213) of the direetors
members present at any meeting shall be required to adopt an amendment to the Articles of
Incorporation.
Section 7.2
Amendments to Bv-Laws.
Proposed amendments to this corporation's By-Laws must be submitted in writing
to the directors at least one (1) month in advance of the board meeting at which they will be
considered for adoption. The vote of 213 of the directors present at any meeting shall be required to
adopt an amendment to the By-Laws of this corporation.
ARTICLE VIII
MISCELLANEOUS
Section 8.1
Fiscal Year.
The fiscal year of this corporation shall end each year on Deeember 31 June 30.
Section 8.2
Corporate Seal.
This corporation shall have a seal which shall be specified by resolution of the
Board of Directors. The seal shall be affixed to all corporate instruments, but failure to affix it
shall not affect the validity of the instrument.
Seetioft 8.3
Cofta-aets.
;\U eoftt.'acts efttend iftoo Oft behalf of this eorporation must be authorized b) the
HaMd of ElireetorB.
Section Ma& Execution of Checks.
Except as otherwise provided by law, every check, draft, promissory note, money
order, or other evidence of indebtedness of the corporation shall be signed by such individuals as
are authorized by the Board of Directors.
(Revised 3/24/92)
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BY.LAWS
OF
CHULA VISTA BAYFRONT CONSERVANCY TRUST
ARTICLE I
NAMES, PURPOSES AND PRINCIPAL OFFICE
Section 1.1
~.
The name of this corporation is Chu]a Vista Bayfront Conservancy Trust.
Section 1.2
Purnoses.
The corporation is organized under the Nonprofit Public Benefit Corporation Law
of California exclusive]y for charitable and educational purposes, within the meaning of Section
501(c)(3) of the Interna] Revenue Code of 1954.
The specific purposes of this corporation include, but are not limited to, preserving
land for scientific, ecological, recreational, scenic and open space opportunities; engaging in the
restoration, enhancement and preservation of the Sweetwater Marsh complex; receiving and
holding dedications of land; and increasing public knowledge of and support for natura] resource
conservation.
Section 1.3
Princioa] Office.
The principal office of this corporation shall be located in the City of Chu]a Vista,
State of California, at an address to be established by resolution of the Board of Directors.
ARTICLE II
MEMBERSHIP
The Corporation shall have five (5) members, all of which shall belong to a single class, to
wit: the Chu]a Vista City Council. The five (5) members shall be the four (4) council members of
the Chu]a Vista City Council and the Mayor of the City of Chu]a Vista. The term of each member
shall be coterminous with their office on the Chu]a Vista City Council. There shall be no other
class of members, and no other members, unless the Board of Directors shall otherwise specify in
the By-Laws, and then, such members shall have such rights as may be specified by the Board in
the By-Laws. There shall be no consideration charged for such memberships. The memberships
are non-transferable. Membership terminates upon loss of office as a Council member or Mayor,
including loss of office due to death.
ARTICLE III
BOARD OF DIRECTORS
Section 3.1 Powers.
This corporation shall have powers to the full extent allowed by law. AI] powers
and activities of this corporation shall be exercised and managed directly by the Board.
d.\~~1
Section 3.2 Number of Directors.
The authorized number of directors shall be fourteen (14).
Section 3.2 Selection of Directors.
The Directors shall not be elected by the members, but shall be designated as to their
numbers, representative capacities, voting rights, and such other rights by the By-Laws of the
Corporation, which may from time to time be established and amended at the discretion and
majority vote of the Board of Directors. The Board will consist of (1) the Mayor of Chula Vista or
his/her designee, who will also be the Chairman; (2) an appointee of the San Diego Unified Port
District, who shall serve ex officio; (3) an appointee of the County of San Diego Board of
Supervisors; (4) a representative of the private land ownership north of "G" Street within the
Coastal Zone; (5) a person appointed by the City Council to represent the interest of the university
educational community who shall have employment experience in environmental sciences
education; (6) a person appointed by the City Council who is a member of an environmental
organization; (7) an appointee of the State Coastal Commission; (8) an appointee of the State
Coastal Conservancy; (9, and 10) two citizen-at-Iarge appointees of the Chula Vista City Council;
(11) an appointee of the Department of Fish and Game; (12) the Manager of the Sweetwater Marsh
National Wildlife Refuge, (13) a representative of the City Council of the City of National City, and
(14) a representative from the volunteers of the Chula Vista Nature Interpretive Center.
Special provisions apply to the following numbered seats:
(4) At the time when special improvement districts are formed in the subject area, a
representative of the collective private ownership's will be selected by those owners.
(5) The Chairman shall request the Chancellor of the University of California, San Diego or
the President of San Diego State University to designate the representative of the
educational community. Said representative shall be alternated between the two
universities.
(6) The Chula Vista City Council will request, on a two-year rotation basis, a representative
from a regionally recognized organization whose aim is the protection and
conservation of the natural environment.
(7), (8) and (11)
Those appointed may, but need not be the regional directors of the State Coastal
Commission, State Coastal Conservancy, or Department of Fish and Game, respectively.
(14) The volunteers of the Chula Vista Nature Interpretive Center shall elect a Docent, by simple
majority vote, and recommend that Docent's appointment by the Chula Vista City Council
for a two-year term.
Section 3.3
Term of Office of Directors
The Mayor of Chula Vista, serving as a director by virtue of his/her elected public
office, shall be a director during his/her entire tenure as Mayor and shall be succeeded as a
director at the same time as helshe is replaced as Mayor. The term of directors shall be two (2)
years.
Section 3.4.1 Each director shall hold office until the expiration of the term for
which appointed, and until a successor has been appointed or elected.
Section 3.4.2 Appointed directors may be removed at any time by the appointing
power during their term.
(Revised 3/24/92)
2
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Section 3.5
Vacancies.
A vacancy shall be deemed to exist in the event that the actual number of directors is
less than the authorized number for any reason, including resignation or removal of the director
by his/her appointing authority. Notice must be given to the Board of the removal of a director and
the identity of the new appointee-director.
Section 3.6
Meetine-s.
The meetings of the Board of Directors shall be open to the public and held in
accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq.
Section 3.7
Annual Meetinl!.
The annual meeting of the Board of Directors shall be held on the fourth Tuesday of
September of each year.
Section 3.8
Rermlar Meetinl!s.
The Board of Directors, by resolutions, may establish a schedule of regular
bi-monthly meetings of the Board of Directors.
Section 3.9
Soecial Meetin!!s.
Special meetings of the Board of Directors may be called by the chairman, or by any
two (2) directors, by written notice delivered personally as well as by telephone or telegraph to each
of the directors, or mailed by first class mail at least four (4) days or more prior to any such
meetings. The notice shall state the time, place, and subject matter of such special meeting.
Section 3.10 Quorum.
Five voting members shall constitute a quorum for the transaction of business at
regular bi-monthly meetings, except to adjourn as provided in Section 3.11 of this Article Ill.
Every act or decision by a majority of the directors present shall be regarded as the act of the Board
of Directors, subject to the provisions of the California Nonprofit Public Benefit Corporation Law
including, without limitations, those provisions relating to (i) approval of contracts or
transactions in which a director has a direct or indirect material financial interest, (ii) creation
of and appointments to committees of the board, and (iii) indemnification of directors., A meeting
at which a quorum is initially present may continue to transact business, notwithstanding the
withdrawal of directors, if any action taken is approved by at least a majority of the required
quorum for that meeting.
Section 3.11 Ad;ournment.
A majority of the directors present, whether or not constituting a quorum may
adjourn any meeting to another time and place. Notice of the time and place of holding an
adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in
which case personal notice of the time and place shall be given before the time of the adjourned
meeting to the directors who were not present at the time of the adjournment.
Section 3.12 Standard of Care.
A General. A director shall perform the duties of a director, including duties as a
member of any committee of the board on which the director may serve in good faith, in a manner
such director believes to be in the best interests of this corporation, and with such care, including
reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar
circumstances.
(Revised 3/24/92)
3
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In performing the duties of a director, a director shall be entitled to rely on
information, opinions, reports or statements including financial statements and other financial
data, in each case prepared or presented by:
(1) One or more officers or employees of the corporation whom the director
believes to be reliable and competent in the matters presented;
(2) Counsel, independent accountants or other persons as to matters which the
director believes to be within such person's professional or expert competence; or
(3) A committee of the board upon which the director does not serve, as to
matters within its designated authority, which committee the director believes to merit confidence,
so long as in any such case, the director acts in good faith, after reasonable inquiry when the need
therefor is indicated by the circumstances and without knowledge that would cause such reliance
to be unwarranted.
A person who performs the duties of a director in accordance with the foregoing
shall have no liability based upon any failure or alleged failure to discharge that person's
obligations as a director.
B. Non-Liabilitv of Directors. The directors shall not be personally liable for the
debts, liabilities, or other obligations of the corporation.
C. Indemnification bv Cornoration of Directors. Officers Emnlovees and Other
Ments. To the extent that a person who is, or was, a director, officer, employee or other agent of this
corporation has been successful on the merits in defense of any civil, criminal, administrative or
investigative proceeding brought to procure a judgment against such person by reason of fact that
he or she is, or was, an agent of the corporation, or has been successful in defense of any claim,
issue or matter, therein, such person shall be indemnified against expenses actually and
reasonable incurred by the person in connection with such proceeding.
If such person either settles any such claim or sustains a judgment against him or
her, then indemnification against expenses, judgments, fines, settlements and other amounts
reasonably incurred in connection with such proceedings shall be provided by this corporation but
only to the extent allowed, by and in accordance with the requirements of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
D. Insurance for Cornorate Ments. The corporation shall have the right to
purchase and maintain insurance to the full extent permitted by law on behalf of any agent of the
corporation, including a director, officer, employee or other agent of the corporation, against any
liability asserted against or incurred by any officer, director, employee, or agent in such capacity
or arising out of the officer's, director's, employee's or agents status as such.
Section 3.13 Prohibited Transactions.
A. I.2l!.ill.. This corporation shall not make any loan of money or property to or
guarantee the obligation of any director or officer; provided, however, that this corporation may
advance money to a director or officer of this corporation for expenses reasonably anticipated to be
incurred in performance of the duties of such officer or director so long as such individual would
be entitled to be reimbursed for such expenses absent the advance.
B. In addition to the above prohibition, the actions of a-director or officer shall
comport with all applicable provisions of the Corporations Code, Government Code and the Public
Contracts Code.
(Revised 3/24/92)
4
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Section 3.14 Comoensation.
At all times, fifty-one percent (51%) or more of the directors shall be persons who
have not been compensated, within the previous twelve months, by this corporation for services
performed for this corporation. In this Section, the term performed for this corporation. In this
Section, the term "persons" includes individuals related by blood or marriage.
ARTICLE IV
COMMITTEES
Section 4.1
Committees of Directors.
The Board of Directors may designate one (1) or more committees, each consisting
of three(3) or more directors to serve at the pleasure of the board. Appointments to all committees
shall be made by a majority vote of the directors then in office. Any committee, to the extent
provided in the board resolution, shall have all the authority of the board, except that no committee,
regardless of board resolution may:
A. Fill vacancies on the Board of Directors or on any committee;
B. Expend any corporate funds for any purpose without the express
authorization of the Board of Directors;
C. Amend or repeal By-Laws or adopt new By-Laws;
D. Amend or repeal any resolution of the Board of Directors which by its
express terms is not so amendable or repealable;
E. Appoint any other committees of the Board of Directors.
Section 4.2
Meetinl!s.
Meetings and actions of committees shall be governed by and held and taken in
accordance with the provisions of Article III of these By-Laws concerning meetings of directors,
with such changes in the context of those By-Laws as are necessary to substitute the committee and
its members for the Board of Directors and its members. Minutes shall be kept of each meeting of
any committee and shall be filed with the corporate records. The Board of Directors may adopt
rules for the governance of any committee not inconsistent with the provisions of these By-Laws.
ARTICLE V
OFFICERS
Section 5.1
Officers.
The officers of this corporation shall be chairman, vice-chairman, secretary and
treasurer. The corporation may also have at the discretion of the directors, such other officers as
may be appointed by the directors. Any number of offices may be held by the same person, except
that neither the secretary nor the treasurer may serve concurrently as the chairman of the board.
The chairman shall be the Mayor of Chula Vista or hislher designee. Officers of
the corporation need not be members of the Board of Directors.
(Revised 3/24/92)
5
,d\ - ~ \
Section 5.2
Election.
The officers of this corporation, with the exception of the chairman, shall be chosen
annually by the directors, and each shall serve at the pleasure of the board, subject to the rights, if
any, of an officer under any contract of employment. The officers of the corporation shall be
elected at the annual meetings.
Section 5.3
Removal.
Subject to the rights, if any, of an officer under any contract of employment, any
officer, with the exception of the chairman, may be removed by a majority vote of the Board of
Directors pursuant to applicable law.
Section 5.4
Resil!nation.
An officer may resign at any time by giving written notice to this corporation. The
resignation shall take effect at the date of the receipt of that notice or at any later time specified by
that notice, and unless otherwise specified in that notice, the acceptance of the resignation shall not
be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of this
corporation under any contract to which the officer is a party.
Section 5.5
Vacancies.
A vacancy in any office for any reason shall be filled in the manner described in
these By-Laws for regular appointments to that office.
Section 5.6
Chairman.
The chairman shall be the chief executive officer of the corporation, shall preside at
all meetings of the Board of Directors and shall, subject to control of the board, or subject 0 such
other actions as the board may take, generally supervise, direct and control the business and the
officers of the corporation.
Section 5.7
Vice-Chairman.
In the absence of the chairman, the vice-chairman shall preside at all meetings of
the Board of Directors, and shall, subject to the control of the board, have the powers and duties of the
chairman.
Section 5.8
SecretarY.
The secretary shall keep a full and complete record of the proceedings of the board
and committees of the board, shall keep the seal ofthe corporation and affIX the same to such papers
and instruments as may be required in the regular course of business, shall make service of such
notices as is required by these By-Laws or as may be proper, shall supervise the keeping of the
books of the corporation, and shall discharge such other duties as pertain to the office or as
prescribed by the directors. The secretary shall keep or cause to be kept, at the corporation's
principal office, a copy of the Articles of Incorporation and By-Laws.
Section 5.9
Treasurer.
The treasurer shall have charge and custody of all funds of the corporation, shall
deposit such funds in the manner required by the board, shall keep and maintain adequate and
correct accounts of the corporation's properties and business transactions, shall render reports and
accountings as required, and shall discharge such other duties as pertain to the office or as
prescribed by the directors. The books of account shall be open to inspection by any officer at all
reasonable times. The board may require the treasurer to give the corporation a bond in the
(Revised 3/24/92)
6
d-\-;~
amount and with the surety or sureties specified by the board for faithful performance of the duties
of the office and for restoration to the corporation of all of its books, papers, vouchers, money, and
other property of every kind in the possession or under the control of the chief financial officer on
his or hr death, resignation, retirement, or removal from office.
ARTICLE VI
REPORT TO DIRECTORS
Section 6.1 Annual ReDort. The chairman shall furnish a written report within
120 days after the end of the corporation's fiscal year to all of the directors containing the following
information:
A. The assets and liabilities, including the trust funds, of this corporation as of
the end of the fiscal year;
B. The principal changes in assets and liabilities, including trust funds,
during the fiscal year;
C. The revenue or receipts of this corporation, both unrestricted and
restricted for particular purposes, for the fiscal year;
D. The expenses or disbursements of this corporation, for both general and
restricted purposes during the fiscal year;
E. The amount and circumstances of any indemnifications or advances
aggregating more than TWO THOUSAND DOLLARS (2,000.00) paid
during the fiscal year to any officer or director of the corporation.
The annual report shall be accompanied by a report on the corporation by
independent accountants or, if there is no such report, by the certificate of an authorized officer of
the corporation that such statements were prepared without audit from the corporation's books and
records.
Section 6.2
Insnection bv Directors.
Every director shall have the absolute right at any reasonable time to inspect the
corporation's books, records, documents of every kind and the corporation's property. The right of
inspection includes the right to copy and make extracts of documents.
Section 6.2.1 The corporation's books, records, documents of every kind shall be
public records available for inspection by the public.
ARTICLE VII
AMENDMENTS
Section 7.1
Amendment of Articles of Incornoration.
Proposed amendments to this corporation's Articles of Incorporation must be
submitted in writing to the members at least one (1) month in advance of the board meeting at
which they will be considered for adoption. The a majority of the members present at any meeting
shall be required to adopt an amendment to the Articles of Incorporation.
(Revised 3/24/92)
7
d-1~33
Section 7.2
Amendments to Bv-Laws.
Proposed amendments to this corporation's By-Laws must be submitted in writing
to the directors and members at least one (1) month in advance of the meeting at which they will be
considered for adoption. By-Laws may be amended by the board without the approval of the
members, except when those changes affect membership interest. Members may also amend the
By-Laws. A majority vote of the directors or members present at a meeting shall be required to
adopt an amendment to the By-Laws of this corporation.
ARTICLE VIII
MISCELLANEOUS
Section 8.1
Fiscal Year.
The fiscal year of this corporation shall end each year on June 30.
Section 8.2
Corporate Seal.
This corporation shall have a seal which shall be specified by resolution of the
Board of Directors. The seal shall be affixed to all corporate instruments, but failure to affix it
shall not affect the validity of the instrument.
Section 8.3
Execution of Checks.
Except as otherwise provided by law, every check, draft, promissory note, money
order, or other evidence of indebtedness of the corporation shall be signed by such individuals as
are authorized by the Board of Directors.
(Revised 3/24/92)
8
~\. !4
COUNCIL AGENDA STATEMENT
Item O? 01..
Meeting Date 03/17 m
TIEM TITLE:
Report: Disposition of Space at the Senior Information and Referral Center
at Memorial Park
SUBMITTED BY:
Director of Parks and Recreatio~
Library Director \2l-- L c..., ,
Director of Community Development .
REVIEWED BY:
City Manager)
t
(4/5ths Vote: Yes_NoX)
Referral No. 2487
At the City Council meeting of October 22, 1991, Council directed staff to provide a report on the
potential use of the Senior Information and Referral Center building located on Third Avenue in
Memorial Park.
Meetings have been conducted between affected City Departments and the Downtown Business
Association (DBA) to formulate a use arrangement which is acceptable to all parties.
RECOMMENDATION: That the City Council accept the report and approve the restructured
disposition of space at the Senior Information and Referral Center, whereby the building is shared
between the Library and the Downtown Business Association.
BOARDS/COMMISSIONS RECOMMENDATION: The Library Board of Trustees feels that the
Senior Information and Referral Center can function as a short-term solution for a museum. The
Board took no formal action.
DISCUSSION:
As part of the Council approved comprehensive senior services program at Norman Park Center, the
Parks and Recreation Department has moved the Memorial Park offices of the Senior Information
and Referral Program to the new Senior Center.
There have been on-going discussions among the City departments as to the potential use of the 760
sq. ft. Memorial Park building. The Library has expressed an interest to use the building as a local
history museum. In addition, both the Parks and Recreation Department and the Community
Development Department have been approached by the Downtown Business Association with a
request for office space for the Town Manager.
A local history museum would be an exciting addition to the community. However, there are costs
and space constraints associated with incorporating a comprehensive historical museum at this
location. Since a large facility expansion is not financially feasible at this time, the Library discussed
[inr]
1
';';'-j
Item .2. ;..
Meeting Date 03/17J<J2
starting with a small static photographic museum in the building. Exhibits could include photographs
about the history of Chula Vista, and volunteers would act as docents. The Library, in conjunction
with the President of the Chula Vista Historical Society, has reviewed the space limitations of the site
and, believe that a history museum in the larger room facing Third Avenue would be feasible. The
Society maintains that they could interest volunteers during limited afternoon hours. If the space
were shared with another entity, the Historical Society does not foresee being able to generate the
interest for volunteers to sit and oversee a display.
The Library Board of Trustees took this issue under advisement at a regular meeting. On March 12,
1992, two members of the Board toured possible museum sites. The Board went to 311 "F' Street,
the Senior Information and Referral Center, and the Women's Club. The members who took the
tour reported back to the Library Board of Trustees on March 26 that they did not believe any site
was ideal for a permanent history museum at this time.
RECOMMENDATION DISCUSSION:
In light of the interest expressed by the Library and the DBA for the use of the Information and
Referral Center, staff recommends the building at Memorial Park be utilized in the following manner
(a schematic drawing is attached to depict the proposed usage arrangement):
1. The Library would utilize the larger room on the east side of the building for a historical
museum, staffed by volunteers recruited by the Library Volunteer Coordinator through the
Library Volunteer Corp and Historical Society.
2. The new Town Manager will utilize the smaller room on the west side of the building
(formerly the office of the supervisor of the Senior Information and Referral Program). This
space has external access, separate from the proposed museum space. The Downtown
Business Association President sees no problem with a joint use between the City and the
DBA Both the Parks and Recreation Department and the Community Development
Department conclude a coordinated type of venture would be of benefit to the City and the
Downtown Business Association.
Historv Museum Requirements:
The Library requests funds in the amount of $5,000 to renovate and purchase materials to set up a
start-up history museum in the Senior Information and Referral building. The remodeling of space
is to include painting, minor repairs, installation of track lighting, construction of display panels and
a display case, and a desk chair and file cabinet to accommodate the volunteers. The Library
proposes to raise the money for the museum photographic exhibits through the Friends of the Chula
Vista Public Library and the Chula Vista Historical Society.
[inr]
2
'" J.. -- ~
Item ~
Meeting Date 03/17m
Downtown Business Association Cooperation:
The Downtown Business Association (DBA) is pleased with the space at the I & R Center for the
new Town Manager. At the present time, they are unable to offer financial support for the operation
of the building. However, the DBA is interested in supplying support through brochure advertising
and marketing of the historical museum; and will be a co-sponsor the Cultural Arts Festival in May
in the Town Center I area.
The Downtown Business Association has also stated they would take supervisory control of the
volunteers overseeing the museum display, the coordination of the museum hours, and the set-up of
the exhibits. However, the Library has a volunteer corps in place and is willing to assume control of
the museum management including coordination of the volunteers.
The Parks and Recreation Department, the Library, the Community Development Department, and
the Downtown Business Association all agree to the staff recommendation. It is the intent of the
departments to assess the situation over the next year. When the Town Manager has been
established and new programs for the Downtown Business Association are in place, a long-term plan
for future utilization of the building would be coordinated among these entities.
FISCAL IMPACT: $5,000 in funds from the Redevelopment Agency Town Center I project, which
are available and appropriated for such a purpose. The City Manager has administrative authority
to transfer the funds from Town Center I to the Library budget. No Council action on appropriation
is required.
Presently, the Parks and Recreation Department budget allocates the following operating costs to the
building. Utilities (gas, electricity, water) of $1,743 for FY 92/93 and telephone charges of $720.
Department staff recommends the transfer of this budget to the Library in FY92/93.
Attachment - Drawing
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------------
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PROPOSED HISTORY MUSEUM
548 SQUARE FEET
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PROPOSED
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II=-<
II
LIBRARY BOARD OF TRUSTEES
- 7 -
OCTOBER 23, 1991
Making up for a rather slow start this year, the second
program of the Cultural Program Series, "Las Voces"
played to a packed auditorium. Approximately 182 people
attended this concert.
D. Local history museum site
,
The Information and Referral center, a small building on
Third Avenue in Memorial Park, will be available for use
as an office for the Downtown Manager and a local museum.
Director reported that she will be keep the Board
apprised of any developments in the future.
VI. COMMUNICATIONS
B. Public Comments -
I
Mr. Coye stated that a major hospital facility such as
the one Kaiser is proposing to build in EastLake would
employ between 1,500 to 2,000 employees.
C. written Comments
None
D. Board Comments
Trustee Donovan
\.
Trustee Donovan reported that the genealogy collection
is now housed in the northwest corner of the library.
This new location makes the collection more accessible
to the public and allows more room for its use. The
Genealogy Group has recently purchased the International
.;(';'.7
LIBRARY BOARD OF TRUSTEES
- 4 -
DECEMBER 4, 1991
C. Local History Museum at Information and Referral Center
The concept of a local museum in conjunction with the
Chu1a vista Public Library has been discussed for many
years. Chula vista 2000 had a Library Subcommittee to
consider a local history museum.
Three existing buildings, each with their own advantages
and disadvantages, are to be considered.
1. 311 F Street,
This building is currently being used by seniors
until the construction of the Norman Park Center is
completed, sometime in March. This building was
favored by the CV2000 Committee, but involves
considerable expenditure for purchase or lease and
renovation.
2. Senior Information and Referral Center, Third Avenue
in Memorial Park.
Former Mayor Cox supported this location for a local
history museum. The City is now considering using
this 700 sq. ft. building as an office for the new
position of the Downtown Manager combined with a
historical display and offices for Parks and
Recreation Staff.
3. The Chula vista Women's Club
The Director believes this would be an excellent
location for a future local history museum as it is
a historical building on its original site which has
a large meeting room that would make an adaptable
exhibi t area. The Women's Club entered into an
agreement last year with the City in which the
building was deeded to the City with the Club
retaining rights to hold meetings there. The Parks
and Recreation Department currently administers and
uses the facility in conjunction with the Women's
Club. This arrangement of renting the meeting room
to outside groups would not lend itself to a
permanent museum exhibit space.
The Director recommends that a small photographic exhibit
should be established in conjunction with the Chula Vista
Historical Society in the Senior Information and Referral
Center as the only immediately viable alternative since
.:;~- ~
LIBRARY BOARD OF TRUSTEES
- 5 -
DECEMBER 4, 1991
no funding is available for 311 F Street amd the Women's
Club isn't currently suitable.
Trustee Donovan asked if it would be possible to view the
three sites and invite a representative of the Chu1a
vista Historical Society speak with the Board about their
goals.
A special workshop will be held on January 8, 1992 at
3:30 pm. when all three sites will be viewed and then
discussed. John Rojas, of the Chula vista Historical
society, and a member of the Parks and Recreation
commission will be invited.
Assistant Director Palmer reported that the concept of
a local history museum has been dealt with the Chula
vista 2000 and the Chula vista 21 committees. Out of
the Chula vista 2000 Library Subcommittee came the
following recommendations:
1. Build 3 new libraries to meet City standards,
2. Provide patrons and staff with innovative
technology,
3. Enhance local history and genealogy,
4. Make libraries the cultural heart of Chula vista
5. Incorporate meeting rooms in all new libraries
6. Provide special services for youths.
Because all other recommendations are being implemented
in the development of the South Chula vista Public
Library and future building projects, the Chula vista 21
Subcommittee has chosen not to take a stand on any item
except #3. At their November 7th meeting the full
committee supported the idea to secure a site for a
history and genealogy museum in downtown Chula vista.
This will become one of the major issues discussed by
this group when they focus on what will sell a bond
issue.
This group also supported the concept
Library foundation to support the
libraries.
of creating a
operations of
Trustee Donovan, as a member of the Genealogy Society,
felt that it was not feasible for the Genealogy Society
to leave the library environment, as all their materials
and equipment is housed here. The Genealogy society was
originally linked with the Chula vista Historical
Society, but has since developed their own autonomy.
~~-1
LIBRARY BOARD OF TRUSTEES
- 6 -
DECEMBER 4, 1991
MSUC (Donovan/Williams) that we meet on January 8th at
3:00 pm at the Board workshop with a representative of
the Chula vista Historical Society and the Parks and
Recreation Commission present to check out possible sites
for a local history museum.
D. Mission Statement Workshop Date
This item was tabled.
VI. Literacy Team Coordinator's report
This item was taken out of order. Meg Schofield, Literacy
Coordinator, reported that the Literacy Program currently had
88 matched tutor-learner teams in the program, with 8-10
teams waiting to meet for the first time. In addition,
another 10-15 people are waiting to be matched, and 8-10
teams who are not actively meeting right now. Literacy staff
deal with over 130 learners at any given time.
In terms of promotion of the literacy program, the Chula
vista Literacy Team belongs to the San Diego county Literacy
Network, which includes all literacy providers in the County.
This organization is designed to handle publicity and
programs on a level that could not be accomplished by the
individual organizations. Some of these programs are San
Diego Reads Best, and Trip 10 (a 10K run, 5K walk sponsored
by the Union Tribune), and International Reading Day. The
Chula vista Literacy Team actively takes part in all programs
sponsored by the network and gets both tutors and learners
from these events. This network also runs a 1-800 number to
connect learners and tutors to a literacy program in their
own area.
The Chula vista Literacy Team has strong connections with the
Human Services Council and promotes the program heavily
through Rohr Industries.
A survey showed:
42% of the tutors learn of the program through the
media
18% heard about the program from the library
10% heard about it at work, (Rohr)
14% are referred by family or friends
18% hear about it from other sources.
The majority of learners are referred by family or friends.
;J.';' -I If)
LIBRARY BOARD OF TRUSTEES
3.
JANUARY 22, 1992
The Sweetwater School District has proposed using the
Library's Inlex system to check out both City and School
owned materials. Under that plan, the Chula vista Public
Library would install the appropriate number of
terminals, and would then input the high school book
collection into the Inlex database. Although a single
circulation system would make it much easier for the
user, it would entail significant expense for the Chula
vista Public Library. The Staff estimates the expense
of integrating the school's database into the Library's
automated system to be about $25,000. The bar codes
alone would cost $7-$8,000.
D. Local History Museum
Director Lane reported that the Library had received a
mandate to establish a local history exhibit in the
Senior Information and Referral Center (the small
building on Third Avenue at the east end of Memorial
Park). The Senior I&R Center is scheduled to move to the
new Norman park Center once that building is completed.
At the December 4, 1991, Library Board of Trustee's
Meeting, Director Lane indicated that the City was
looking at dividing the 700 square feet in the building
between a local history exhibit, the offices of the new
Downtown Manager, and offices for Parks and Recreation
Staff. It now appears that Parks and Recreation Staff
will be located elsewhere and that the entire front end,
or "public face on Third' will be used for a local
history display. The exhibit has now become a Library
project and the department will be assisted by the Chula
vista Historical Society.
Director Lane announced that the Board's tour of possible
sites for a local history museum, scheduled for January
8, 1992 was cancelled because three of the five Board of
Trustee Merrbers could not attend. She suggested that the
Board reschedule this tour.
Chairman williams indicated that he felt that the Library
Board of Trustees would be very busy during the next few
years as new Libraries were being constructed. He
suggested that a Chula Vista Historical Society
commission be established to oversee a local history
museum. Chairman williams asked that this item be put
on the agenda for the next meeting.
(R~f:Eourd\~inutcs\12?9Z.MtS)
-'2,) -1/
LIBRARY BOARD OF TRUSTEES
4.
JANUARY 22, 1992
The tour of potential museum sites was then rescheduled
for Wednesday, February 12 at 3:30 P.M.
IV. NEW BUSINESS
A. The schedule and process for hiring an architect for
South Chula vista.
The Director reminded the Board that the city had only
hired an architect to do the work necessary for the
Proposition 85 application. This included the plot plan,
the floor plan and the elevation (drawings). At another
time we might have been able to extend that contract,
however, the City council is looking very carefully at
all consultant contracts, and the City Attorney felt that
the present contract should not be extended.
This meant that the Library had to draft a Request for
Qualifications (RFQ) which was sent out to a list of
archi tects who showed an showed an interest in the
project. To date the Library has out over 50 RFQs. On
Friday, January 17, the Library held an Architect I s
Conference, in which we answered all the questions sent
to us in writing. Response to the Request for
Qualifications are due January 31. The r ewe r e
approximately 50 people at the conference representing
about 34 firms. Rcspemse tg the Re€luest---- for
~l[.i.~Btiens :Jr-€-6ue-JCanHiH".y-,.31
B. Recommendation of a Trustee as a member of the
Architects Selection Committee.
Director Lane stated that the City Manager has appointed
Jose Viesca to be one of five members of the Architects
Sel ection Committee. Director Lane requested that the
Board take action to affirm the appointment. Director
Lane indicated that there is plenty of work for the rest
of the Board to do in the future, and she suggested that
the Board appoint someone to work with the architect on
the pI ans. The Library hopes to have a short I ist of
five architects selected by February 14th. February 21
has been tentatively set as the interview date for the
five short-listed firms. Once a firm has been selected
City Staff will negotiate a contract. Director Lane
suggested that Trustee Alexander be appointed to work
with the architectural firm and the staff.
(Ref:Socrd\Min~tcs\'22~?M;S)
;J:J. -/;J..
LIBRARY BOARD OF TRUSTEES
-2-
FEBRUARY 26, 1992
time employee at the Library (Debra Taylor) and in
addition is going to school and getting her degree in
Library Science.
B. Public Comments
Robert Coye suggested that we start our non-voting
student member in September when school starts.
III. CONTINUED MATTERS
A. Friends and Public Comments to be placed as last items
on the agenda.
The Board originally had this item as the first item on
the agenda so citizens who came in would not have to sit
through the entire Board Meeting; but since the Friends
representative and Mr. Coye, our regular attending
citizen, are interested in the whole meeting, this is no
advantage.
MSUC (Donovan/Alexander) (4-0). Move that the Friends
and Public Comments be removed from the front of the
agenda to the last of the agenda as per the discussion.
The two Communications paragraphs will be combined into
one, making the Friends and Public Comments A. and B.
B. Recommendation on the formation of a Chula vista
History commission.
Director Lane suggested that since the Library Trustees
are interested in a commission separate from the Library
Board of Trustees to promote an interest in the
preservation of Chula vista history, the Trustees should
make this recommendation in writing to the City Council.
All Boards and Commissions have the support of an
assigned City Department. Director Lane said it was
appropriate for a local history commission to be under
the auspices of the Library.
MSUC (Donovan/Wilson) (4-0). Move that we send a Letter
of Recommendation on the formation of a Chula vista
History commission which would be under the auspices of
the Library but would be a separate commission, separate
from the Library Board of Trustees.
(Ref:Board\Minutes\22692.Mts)
eJ.2,,/J
LIBRARY BOARD OF TRUSTEES
-7-
FEBRUARY 26, 1992
B. Local History Museum building tour on February 12,
1992.
Chairman williams, Trustee Wilson and Library Director
Lane took a walking tour of three existing buildings
which could be converted to a local history museum. The
buildings visited were a) 311 F street, the temporary
site for senior activities; b) the Senior Information and
Referral Center on Third Avenue; and c) the Chula vista
Woman's Club at 357 G Street. Although the Trustees had
a much better idea of the spaces and potential remodeling
costs, they did not feel able to make a recommendation
at this time. Library Director Lane recommended taking
the opportunity to move into the Senior Information
Center soon with a small collection and exhibit at a
minimum cost. It could be the starting point from which
a larger, grander museum might grow.
C. Progress on architect selection process.
Initially, the Library sent out 64 Requests for
Qualifications; we had 34 firms respond. They gave us
beautiful packages of information. The Architect
Selection Committee devised an evaluation form and all
on the Committee members spent from 30 to 40 hours apiece
going over all of the architectural packages. Wheeler,
Wimer, Blackman & Associates; George Miers & Associates;
stichler Group; LPA; Mosher/Drew/Watson/Ferguson and Rob
Quigley Architects were the six short-listed group to be
interviewed on March 9, 1992. The letter to these firms
will go out on February 27. On the March 26 a letter
went out to all the firms that did not make the list.
The Committee consists of George Krempl, Deputy City
Manager, Gregg Hanson of the Building Construction
Department, Doug Childs, an architect, Trustee Jose
Viesca and Director Lane.
VI. COMMUNICATIONS
A. written Comments. None.
B. Board Comments.
Trustee Donovan states that she very much appreciated
getting all of the literature for the Library Board
meeting in time for her to go over the information before
the meeting. Trustee Wilson appreciates the change of
meeting place (the Literacy Center). Trustee Viesca felt
that the Architect Selection Committee was a good
(Ref:Board\Minutes\22692.Mts)
,:(,J-It(