HomeMy WebLinkAbout2007/07/10 Agenda Packet
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OlY OF
CHULA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
john McCann, Councilmember Ann Moore, City Attorney
Jerry R. RindOne, Council member Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
CALL TO ORDER
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
Dated "7 -t:v{)7 Signed sf 1/liJ Wtiv
Council Chambers
City Hall
276 Fourth Avenue
July 10, 2007
6:00 P.M.
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY HUMAN RESOURCES DIRECTOR RASKIN OF EMPLOYEE
OF THE MONTH, ANNA KEMERY, CONFIDENTIAL ADMINISTRATIVE
SECRETARY
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO SHANNON
BULLOCK AND BERNICE MORA, RECREATION SUPERVISORS,
PROCLAIMING JULY 12,2007 AS "GO PLAY GET FIT YOUTH DAY"
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO DR. CHRIS
SEARLES, PARKS AND RECREATION COMMISSION CHAIR; TANYA ROVIRA-
OSTERWALDER, HEAC PROJECT COORDINATOR; AND DANA RICHARDSON,
SOUTH BAY PARTNERSHIP CHAIR, PROCLAIMING THE MONTH OF JULY AS
"NATIONAL PARKS AND RECREATION MONTH"
. PRESENTATION ON THE BAYSHORE BIKEWAY BY COUNTY SUPERVISOR
GREG COX AND SAN DIEGO ASSOCIATION OF GOVERNMENTS' SENIOR
REGIONAL PLANNER, STEPHEN VANCE
. PRESENTATION BY PLANNING AND BUILDING DIRECTOR SANDOVAL TO
THE CITY COUNCIL OF AWARDS RECEIVED BY THE CITY OF CHULA VISTA
FROM THE SAN DIEGO CHAPTER OF AMERICAN PLANNING ASSOCIATION
CONSENT CALENDAR
(Items 1 through 8)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed 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. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of May 1, 2007.
Staff recommendation: Council approve the minutes.
2. WRlTTEN COMMUNICATIONS
A. Letter of resignation from John Nezozzi, member of the International Friendship
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
B. Letter of resignation from Jerome Sandoval, member of the Child Care
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED
NEGATIVE DECLARATION IS-07-017 AMENDING THE ZONING MAPS
ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE
PARCEL CONSISTING OF 1.46 ACRES LOCATED AT 1501 BROADWAY FROM
CT-P (COMMERCIAL THOROUGHFARE WITH PRECISE PLAN) TO R-3
(APARTMENT RESIDENTIAL), AND APPROVING INCENTIVES AND
CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE
REDUCTION IN CERTAIN DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND
HOUSING DEVELOPMENT (SECOND READING)
The proposed ordinance adopts the mitigated negative declaration and approves the zone
change, density bonus incentives and concessions for the project. First reading of the
ordinance was held on June 14,2007. (Acting Community Development Director)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF CALIFORNIA
BORDER ALLIANCE GROUP (CBAG) ANALYST, CBAG PROGRAM MANAGER,
CITY ENGINEER, GRANTS DEVELOPMENT MANAGER, ECONOMIC
DEVELOPMENT OFFICER, GOVERNMENT RELATIONS LIAISON, HOUSING
MANAGER, PLANNING MANAGER, REDEVELOPMENT MANAGER AND
TRANSIT MANAGER AND TO ELIMINATE THE POSITIONS OF
COMMUNICATIONS MANAGER AND INTER-GOVERNMENTAL AFFAIRS
COORDINATOR (SECOND READING - 4/5THS VOTE REQUIRED)
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Adoption of the ordinance amends Municipal Code Section 2.05.010 relating to the
establishment of unclassified positions to reflect the addition of eight existing position
titles that were inadvertently excluded from this section, the addition of two new position
titles recommended as part of the proposed budget, and the deletion of two unclassified
position titles. First reading of the ordinance was held on June 19, 2007. (Budget and
Analysis Director/Human Resources Director)
Staffrecommendation: Council adopt the ordinance.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A PERMANENT ALL-WAY STOP CONTROL AT THE
INTERSECTION OF LANE A VENUE AND MACKENZIE CREEK ROAD
During calendar year 2006, staff did extensive work in the Rolling Hills Ranch area
related to a neighborhood traffic calming pilot project and truck route issues. Residents
in the neighborhoods adjacent to Lane Avenue shared concerns regarding speeding
vehicles and pedestrian safety along Lane Avenue, particularly at its intersection with
Mackenzie Creek Road. In an effort to address resident concerns, the Council directed
staff to install an all-way stop as a "trial traffic control device." After monitoring its
operation, staff recommends that a permanent all-way stop be installed. (City Engineer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES
Per California Government Code, the City Treasurer may annually present the City's
investment policy to the Council to reaffirm or make any changes to the existing policy.
The policy provides guidelines for the investment of idle funds and affords the City
various investment opportunities, as long as an investment is deemed prudent under the
Prudent Person Rule and is allowable under California Government Code Section 53600
et. Seq. The policy's guidelines emphasize the importance of safety and liquidity first.
(Finance Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $553,600 FOR
TWO COMBINATION SEWER CLEANING TRUCKS TO mON INTERNATIONAL
TRUCKS, LLC, DBA mON INTERNATIONAL TRUCKS, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND
PURCHASE ORDER 807191-0
The Fiscal Year 2007/2008 sewer fund provides for the replacement of two combination
sewer cleaning trucks. Municipal Code Section 22.56.140 and Council Resolution No.
6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage. The City has an
opportunity to participate in a current City of San Diego bid for favorable terms and
pricing. (Public Works Operations Director)
Staffrecommendation: Council adopt the resolution.
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8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING TWO TREE TRIMMING CONTRACTS
TOTALING $107,115 TO PROVIDE TREE TRIMMING SERVICES, AND
AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS
FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS
Bids to provide multi-year tree trimming services were opened May 10, 2007. Fourteen
requests for bid packets were mailed, two of which were sent to local contractors. Staff
also received a request to send a bid packet to one additional contractor. The bid was
advertised in The Star-News. Representatives from eight companies attended a
mandatory pre-bid conference held on April 26, 2007. Five contractors submitted bids;
none of them were from Chula Vista. Staff recommends that two bidders, Great Scott
Tree Service and Aztec Landscaping, be awarded the contracts. (Public Works
Operations Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. If you
wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND AUTHORIZING
PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that the collection efforts are directed towards the responsible property owner in
the event of a change in ownership, staff recommends placing liens against affected
properties as a preliminary action to placing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of the resolution enhances the collection process by
ensuring that the correct property owners are charged and that payments are received on a
timely basis. This process has been approved by the Council since August 1998.
(Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
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July 10, 2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND AUTHORIZING PLACEMENT OF
THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change in ownership, staff recommends approval to place liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of the resolution enhances the amount of
uncollectible losses and ensures that payment will be received on a more timely basis.
The Council has approved this process on a regular basis since 2001. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
11. CONSIDERATION OF WAIVING MINOR IRREGULARITIES ON THE BID
RECEIVED FOR THE DRAINAGE IMPROVEMENT PROJECT ON EMERSON
STREET (CIP NO. DR-133) PER CITY CHARTER SECTION 1009
On June 13,2007 at 2:00 p.m., the Director of General Services received nine sealed bids
for the "Drainage Improvements, Emerson Street in the City of Chula Vista, California
(CIP No. DR-133)" project, which provides for the construction of a drainage facility
from Elm Avenue, north of Emerson Street, to Naples Street, between Fifth Avenue and
Weisser Way. The work also includes all labor, material, equipment, transportation,
protection of existing improvements and traffic control necessary for the project.
(General Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "DRAINAGE IMPROVEMENTS, EMERSON
STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-
133)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF
$1,911,070
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July 10, 2007
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING
CAPITAL IMPROVEMENT PROJECT DR-120 "DRAINAGE
IMPROVEMENTS, WEST AND EAST OF SECOND AVENUE, NORTH OF
"H" STREET," AND CAPITAL IMPROVEMENT PROJECT DR-160 "F
STREET DRAINAGE FACILITIES," TO THE "DRAINAGE
IMPROVEMENTS, EMERSON STREET DR-133 IN THE AMOUNT OF
$163,526 TO COMPLETE THE PROJECT AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT (4/5THS
VOTE REQUIRED)
12. CONSIDERATION OF AMENDMENT TO THE MASTER FEE SCHEDULE TO
ADJUST EXISTING FEES FOR ANIMAL SHELTER SERVICES TO INCLUDE
MICROCHIPPING AS PART OF THE ANIMAL ADOPTION FEES
Adoption of the resolutions adjusts adoption fees at the Chula Vista Animal Care Facility
to include mandatory microchipping as part of the animal adoption fee and appropriates
funds for the microchipping program. The new fee would be effective immediately upon
approval by the City Council. (General Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES
FOR ANIMAL SHELTER SERVICES TO INCLUDE MICROCHIPPING AS
PART OF THE ANIMAL ADOPTION FEES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007/2008 SUPPLIES AND SERVICES
BUDGET OF THE ANIMAL CARE FACILITY AND APPROPRIATING
FUNDS FOR THE MICROCHIPPING PROGRAM (4/5THS VOTE
REQUIRED)
13. CONSIDERATION OF TESTIMONY FOR FISCAL YEAR 2007/2008 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICTS I THROUGH 11, 14,15,17,18,20,23,24,26,31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO 1, BAY BOULEVARD, AND TOWN
CENTRE MAINTENANCE DISTRICTS
On June 19, 2007, the Council set the public hearings for the levy of assessments for the
City's open space districts and Town Centre maintenance district. The City administers
and maintains 36 open space districts and associated zones that have been established
over the last 30 years. The districts provide a financing mechanism to maintain the
public open space areas associated with each particular development, and the levy of
annual assessments allows the City to collect funds to provide for these ongoing services.
(City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
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July 10, 2007
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN
SPACEDISTRlCTS 1 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO. I (ELMD #1), AND BAY
BOULEVARD (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN
CENTRE MAINTENANCE DISTRICT (4/5THS VOTE REQUIRED)
14. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP, PCS-06-08, TO
SUBDIVIDE .26 ACRES INTO SEVEN CONDOMINIUM UNITS FOR INDIVIDUAL
OWNERSHIP AT 148 FOURTH AVENUE
The applicant, Michael Palumbo, proposes to convert an existing seven-unit apartment
into seven condominium units. (Planning and Building Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP
TO SUBDIVIDE .26 ACRES AT 148 FOURTH AVENUE FOR A ONE-LOT
CONDOMINIUM CONTAINING 7 RESIDENTIAL UNITS - MICHAEL
PALUMBO
15. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP, KNOWN AS NAPA
PLACE, CHULA VISTA TRACT 06-03, TO SUBDIVIDE 1.7 ACRES AT 445 FIRST
AVENUE INTO NINE SINGLE-FAMILY RESIDENTIAL LOTS AND ONE
COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST
PARKING
The applicant, Napa Place L.P., proposes to demolish the existing single-family house
and detached garage/shed to subdivide 1.7 acres into nine single-family residential lots.
(Planning and Building Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA
VISTA TRACT 06-13, TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE
INTO NINE (9) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE (I)
COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST
PARKING-NAPA PLACE, LP.
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16. CONSIDERATION OF THE ESTABLISHMENT OF AN ABANDONED
RESIDENTIAL PROPERTY REGISTRATION PROGRAM AND FEE IN THE
MASTER FEE SCHEDULE TO COVER THE COST OF ADMINISTERING SUCH A
PROGRAM
Adoption of an abandoned residential property registration program is a means of
ensuring that residential neighborhoods are spared the negative impacts associated with
abandoned residential properties. The proposed ordinance requires lenders who own or
are responsible for abandoned homes in Chula Vista to pay a fee to register those homes
with the City's Code Enforcement Section and to retain the services of a local property
management company. Registration would facilitate periodic monitoring by Code
Enforcement staff and provide a mechanism for staff and neighbors to alert the local
property management company of the need to take action to maintain the property. A fee
of $70 per property would be charged as a means of recovering the cost of administering
the program. (Planning and Building Director)
Staff recommendation: Council open the public hearing and continue it to July 17, 2007.
17. CONSIDERATION OF AMENDMENT TO MASTER FEE SCHEDULE CHAPTER VI
(A) REGARDING ALARMS
The Police Department operates the alarm program, which entails perrmttmg both
residences and businesses when they install a burglar alarm system, and responding to
alarm activations. Alarm calls for service are categorized as a Priority II response
(urgent); and 99% of all alarm calls for service are false alarms. They are a considerable
utilization of patrol response services. The Department collects both permit fees and
false alarm penalty fees to help offset the cost of administering the program. Adoption of
the resolution amends the master fee schedule to increase the Police Alarm Program
permit fees and alarm penalties. (Police Chief)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER VI (A) ALARMS OF THE CITY OF CHULA VISTA
MASTER FEE SCHEDULE
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council, and is expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
18. CONSIDERATION OF AUTHORIZING SUBMITTAL OF A SUSTAINABLE
COMMUNITIES GRANT APPLICATION; ACCEPTING THE GRANT, IF
AWARDED; AND COMMITTING MATCHING FUNDS TO CONDUCT
COMMUNITY-BASED LAND USE PLANNING IN SOUTHWEST CHULA VISTA
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July 10, 2007
The grant funding would be used to help implement the General Plan update and the
Redevelopment Agency's five-year implementation plan for the southwest area of the
City. The proposed project would flesh out the general planning directives in advance of
specific planning. Available grant funding would support initial efforts to bring together
residents, businesses, property owners, and other key stakeholders from southwestern
Chula Vista to establish the community's priorities. (Acting Community Development
Director/Planning and Building Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE
OF A SUSTAINABLE COMMUNITIES GRANT FOR FUNDS TO CONDUCT
COMMUNITY-BASED LAND USE PLANNING IN SOUTHWEST CHULA
VISTA, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS
THEREFOR
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MAYOR'S REPORTS
A. Consideration of ratification of the appointment of Marissa Flores to the Human
Relations Commission.
B. Consideration of ratification of the appointment of Rufino "Pie" Roque to the
International Friendship Commission.
C. Consideration of ratification of reappointments to the following boards and
commISSIOns:
. Board of Ethics: Todd Glanz, Dr. Chris Searles, Felicia Starr
. Board of Library Trustees: Georgie Stillman
. Child Care Commission: Tracey Abston
. Civil Service Commission: James Floros
. Commission on Aging: Sonny Chandler
. Cultural Arts Commission: Todd Voorhees
. Housing Advisory Commission: Dina Chavez
. International Friendship Commission: Rebecca Leister
. Planning Commission: Joanne Clayton, William Tripp
. Resource Conservation Commission: Brett Davis
. Veterans Advisory Commission: Terry Jensen
. Youth Advisory Commission: Elizabeth Vargas
D. Presentation of Independent Financial Review with addendum responding to
Council comments by Walter Kieser, Economic & Planning Systems.
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July 10, 2007
E. Consideration of appointment of a voting delegate and alternate for 2007 League
of California Cities' annual conference to be held Wednesday, September 5
through Saturday, September 8, 2007 in Sacramento.
F. Consideration of process for interviews of applicants for the Chula Vista
Redevelopment Corporation, to be conducted Wednesday, July II, 2007, in the
Executive Conference Room.
21. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M. Brown Act (Government Code 54957. 7).
22 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
1. Deanna Morv. et al. v. Chula Vista Police Department. et aI., United States
District Court, Case No. 06-CV-1460 JAH-BLM
2. Deanna Mory. et al. v. Chula Vista Police Department. et aI., United States
District Court, Case No. 07-CV-0462-TW-JMA
3. Josefina Quinones v. Citv of Chula Vista, San Diego Superior Court Case No.
GIS27267
23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Three cases
ADJOURNMENT to the Adjourned Regular Meeting on Wednesday, July 11, 2007, at 6:00
p.m. in the Executive Conference Room, to conduct interviews of
applicants for positions on the Chula Vista Redevelopment Corporation
board; and thence to the Regular Meeting of July 17, 2007, at 6:00 p.m. in
the Council Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf{TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 1, 2007
4:00P.M.
A regular meeting of the City Council of the City of Chu1a Vista was called to order at 4:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda (arrived at 4:54 p.m.), McCann, Ramirez,
Rindone, and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk
Bigelow, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE - Rebecca Leister, the International Friendship Commission.
City Clerk Bigelow administered the oath, and Deputy Mayor Rindone presented Ms. Leister
with a certificate of appointment.
· INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE
EMPLOYEE OF THE MONTH, JAY HARRIS, PROCUREMENT SPECIALIST
Finance Director Maria Kachadoorian introduced the employee of the month, Jay Harris. Mayor
Cox read the proclamation, and Deputy Mayor Rindone presented it to Mr. Harris.
· INTRODUCTION BY POLICE CHIEF EMERSON OF PEACE OFFICERS: JACOB
BOOHER, ROSIO GARDEA, ALBERT GARZA, JAIME GOMEZ, SCOTT HALL,
MANUEL PADILLA, AND AMY PLETSCHER
Police Chief Emerson introduced the newly hired peace officers.
· PRESENTATION OF A PROCLAMATION BY MAYOR COX, PROCLAIMING
MAY 6 THROUGH MAY 12, 2007 AS NATIONAL NURSES WEEK IN THE CITY
OF CHULA VISTA
Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Public Information
Officer Bernard Gonzales.
1-1
SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO ROY JENNESS,
EXALTED RULER AND GARRY HUMMEL YOUTH ACTNITY CHAIRMAN, OF
CHULA VISTA ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 7,
2007 AS YOUTH WEEK
Mayor Cox read the proclamation, and Councilmember McCann presented it to Mssrs. Jennes
and Hummel.
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO BRAD REMP,
ASSISTANT DIRECTOR OF BUILDING AND HOUSING, DECLARING MAY 6
THROUGH 12, 2007 AS BUILDING SAFETY WEEK
Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Assistant Planning
and Building Director Brad Remp and Senior Development Teclmician Bernice Gonzalez.
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO JERAMIE
BROWN, PROJECT MANAGER WITH SANDAG, DECLARING THE WEEK OF
MAY 14 THROUGH MAY 18,2007 AS BIKE TO WORK WEEK IN THE CITY OF
CHULA VISTA
Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Jeramie Brown.
CONSENT CALENDAR
(Items I through IS)
Mayor Cox announced that Items 3, 6 and 14 would be removed from the Consent Calendar for
discussion at the request of staff and members of the public; and Item 7 would be removed from
the agenda and continued to the meeting of May IS, 2007.
1. APPROVAL OF MINUTES of the Special Meeting of March I, 2007, the Adjourned
Regular Meeting of March 26, 2007, and the Regular Meeting of March 27,2007.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 3067, ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-06-005, AMENDING THE
ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY
REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808, AND 812
ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE
PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING
PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE
PARCELS (SECOND READING)
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CONSENT CALENDAR (Continued)
Adoption of the ordinance approves a re-zone from R-2-P, One and Two Family
Residential Zone with a Precise Plan Modifying District, to an R-3-P, Apartment
Residential Zone with a Precise Plan Modifying District, and an amendment to the
Precise Plan Modifying District to establish development standards for the project site,
such as modified building heights and building setbacks. First reading of the ordinance
was held on April 24, 2007. (Planning and Building Director)
Staff recommendation: Council adopt the ordinance.
3. Item 3 was removed from the Consent Calendar for discussion.
4. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010
THROUGH 2.16.050 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR
ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO
THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15
PERTAINING TO THE LIBRARY DEPARTMENT (FIRST READING)
Chapter 2.16 of the Municipal Code currently provides for a Library and Recreation
Department, which has evolved into two separate departments. Adoption of the proposed
ordinance establishes the Recreation Department and the Library Department, and
assigns duties and responsibilities to their Directors. (City Clerk)
Staff recommendation: Council hold first reading of the ordinance.
5. RESOLUTION NO. 2007-098, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $39,682 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES AND
SUPPLIES BUDGET TO FUND UNANTICIPATED COSTS FOR THE NOVEMBER
7, 2006 SPECIAL MUNICIPAL ELECTION AND FOR SERVICES OF THE
REGISTRAR OF VOTERS TO EXAMINE SIGNATURES ON TWO PETITIONS
(4/5THS VOTE REQUIRED)
Due to increased costs associated with conducting the November 7, 2006 Special
Municipal Election and the unanticipated services required of the Registrar of Voters to
validate signatures on two petitions, it is necessary to appropriate $39,682 from the
available balance in the general fund to the City Clerk's supplies and services budget.
(City Clerk)
Staff recommendation: Council adopt the resolution.
6. Item 6 was removed from the Consent Calendar for discussion.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND
DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES
CONSTRUCTED IN BIRCH ROAD WITHIN THE SR125 RIGHT-OF-WAY
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CONSENT CALENDAR (Continued)
McMillin Land Development has submitted a payment request for reimbursement in the
form of transportation development impact fee (TDIF) credits for the construction of
storm drain facilities in Birch Road within the SR-125 right-of-way. The change order
total of $302,206.19 is above the $50,000 limit and, therefore, requires Council approval.
Adoption of the resolution approves the TDIF change order for the construction of the
storm drain facilities and the reimbursement to McMillin in the form of TDIF credits.
(Acting Assistant City Manager/City Engineer)
Staff recommendation: Continue the item to May 15, 2007.
8. RESOLUTION NO. 2007-100, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS
AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE
PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING
SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER
LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
The Council approved a contract with Dudek & Associates for environmental and
engineering services for the Salt Creek and Wolf Canyon gravity sewer interceptors. The
contract was previously amended to complete the design and construction of these
projects. Adoption of the resolution approves an additional amendment necessary to
complete the remaining portion of the Auto Park sewer line. (Acting Assistant City
Manager/City Engineer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2007-101, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS, APPROVING THE
STAR-NEWS AS THE NEWSPAPER OF GENERAL CIRCULATION FOR THE
PUBLICATION OF ALL LEGAL NOTICES AND OTHER MATTERS REQUIRED
TO BE PUBLISHED BY THE CITY, AND APPROVING THE USE OF
ALTERNATNE PUBLICATIONS AS NECESSARY
In December 2006, a request for bid was issued and sent to six publications. Responses
were received from The Star-News and La Prensa San Diego. The Star-News was the
only newspaper adjudicated as a newspaper of general circulation for Chula Vista, and is
currently the only publication that meets City Charter requirements to be approved as a
newspaper of general circulation for Chula Vista. (Finance Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2007-102, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING
OF FUNDS FOR FISCAL YEAR 2007-2008, THE ISSUANCE AND SALE OF A
2007-2008 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND
PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW
FINANCING PROGRAM
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CONSENT CALENDAR (Continued)
In order to better manage cash flow issues projected in the General Fund during Fiscal
Year 2007/2008 due to the timing of receipt of some major revenue sources, it is
recommended that the City again take advantage of the opportunity to borrow short-term
money at a low cost by issuing a tax and revenue anticipation note through the pooled
financing program sponsored by the California Statewide Communities Development
Authority (Finance Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2007-103, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING BIDS FOR THE "FUEL TANK
REPLACEMENT AT THE JOHN LIPPITT PUBLIC WORKS CENTER, IN THE CITY
OF CHULA VISTA CALIFORNIA (GG-187)" PROJECT
The Director of General Services received sealed bids for the "Fuel Tank Replacement at
the John Lippitt Public Works Center in the City ofChula Vista, CA (GG-187)" project.
The work consists of the removal and replacement of two 20,000-gallon fuel tanks,
including demolition, labor, material, equipment, and transportation necessary to
complete the project. Based on the bids received, there was not enough funding to move
forward. Adoption of the resolution rejects the bids. (General Services Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2007-104, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
AND BARNEY & BARNEY LLC FOR BENEFIT BROKER AND CONSULTING
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The City has been contracting with Mercer Health and Benefits (Formerly Marsh Risk &
Insurance Services) to provide benefits brokering and consulting services. With the
rapidly changing area of employee benefits, it is of increasing importance that the City
employ the services of the most innovative and proactive firm to assist in "state-of-the-
art" plan design changes, alternative funding arrangements, and long term cost control. A
request for proposals for broker/consultant services was issued, seven proposals were
received and evaluated, and staff is recommending that Bamey & Barney LLC be
retained. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2007-105, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS
TASK FORCE'S SELECTION OF THE FISCAL YEAR 2007/2008 PERFORMING
AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT
AWARDS TOTALING $40,500
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CONSENT CALENDAR (Continued)
In 1997, the Council approved a sublease with Live Nation, Inc. (fonnerly Universal
Concerts) that established a process whereby a portion of ticket sales proceeds at the
Coors Amphitheater would be paid to the City and utilized for a performing and visual
arts fund. This fund is to be used for arts grants to the Chula Vista community for the
purpose of promoting and stimulating the growth of performing and cultural arts within
the City. This year, the Office of Arts & Culture received $36,188 from Live Nation for
its 2006 concert series, and there was a carry-over balance of an additional $4,500 from
the 2006/2007 grant cycle as a result of a returned grant award. (Assistant City
Manager/Library Director)
Staffrecomrnendation: Council adopt the resolution.
14. Item 14 was removed from the Consent Calendar for discussion.
15. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.44.010
ADDING PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACES AND
RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES
(FIRST READING)
An inconsistency exists between Municipal Code Chapter 5.44.010, which states that it is
unlawful to hold races on a race track for vehicles propelled by internal combustion
engines, and Chapter 19.54.020.1.7, which provides that establishments or enterprises
involving large assemblages of people or automobiles, such as race tracks and rodeos,
defined as amusement and entertainment facilities, may be permitted through a
conditional use pennit. Amending Chapter 5.44.010 to add a final sentence stating an
exception for races on a racetrack with the approval of a conditional use permit would
correct the inconsistency. (planning and Building Director)
Staffrecomrnendation: Council hold first reading of the ordinance.
ACTION:
Deputy Mayor Rindone moved to approve staff's recommendations and offered
Consent Calendar Items 1, 2, 4, 5, 8 through 13, and 15, headings read, texts
waived. Councilmember McCann seconded the motion, and it carried 4-0, with
Councilmember Castaneda absent.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE NO. 3068, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY
AMENDING SECTIONS 17.24.040 AND 17.24.050, AND ADDING SECTION
17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (SECOND
READING)
Loud party calls to the Police Department from citizens have increased steadily as the
City has grown. Adoption of the ordinance amends Chula Vista's current Municipal
Code dealing with noisy and disorderly conduct so as to provide officers with the
necessary tools, citations, and cost recovery to deal with this growing problem. First
reading ofthis ordinance was held on April 24, 2007. (Police Chief)
Staff recommendation: Council adopt the ordinance.
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
Mike Spethman expressed concern that the proposed ordinance might be excessively punitive,
since a single phone call from a resident to the Police Department could result in a waming to the
alleged violator that if the police had to return a second time, the noisemaker would be
confiscated. He requested clarification from staff on the matter. Captain Hunter responded that
police officers have discretion, and the intent of the proposed ordinance is to streamline the
process so that neighbors in a surrounding area do not have to listen to loud, disturbing music for
two hours or more before anything could be done about it.
Parks Pemberton stated that he would like to see something done uniformly, that existing laws
should be enforced, and that a second call to the Police Department for disturbances should result
in a $500 fine. He encouraged everyone to err on the side of peace, and suggested that people
hosting outdoor parties send letters to inform neighboring residents in advance.
Kevin O'Neill questioned whether or not the Police Department would respond to calls related to
noisemakers such as radio stations that park their busses in grocery parking lots or public
announcement systems at high school football games. Captain Hunter responded affirmatively,
stating that police officers have to take action that is reasonable and doable in a given situation,
and 11 calls are prioritized.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and adopt
Ordinance No. 3068, heading read, text waived. Councilrnember McCann
seconded the motion, and it carried 4-0.
6. RESOLUTION NO. 2007-099, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ANNUAL ACTION PLAN FOR
FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN
DREAM DOWNPAYMENT (ADD!) AND THE EMERGENCY SHELTER GRANT
(ESG) PROGRAMS, AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL
ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (RUD), INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS
TO FUND THE ANNUAL ACTION PLAN IN THE FISCAL YEAR 2007-2008
PROPOSED BUDGET, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008 BETWEEN THE CITY OF
CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN
THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Adoption of the resolution finalizes the 2007/2008 spending plan for the Community
Development Block Grant, Horne Investment Partnership Act and Emergency Shelter
Grant Programs, and appropriates the funds. (Acting Community Development
Director)
Staffrecornrnendation: Council adopt the resolution.
Dr. James Johnson, representing Meals on Wheels, thanked the Council for its support and
thanked Mayor Cox for her recent participation in delivering meals to seniors and attending a
related media engagement.
Rosemary Johnston, representing Interfaith Shelter Network, thanked the Council for its support.
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2007-099, heading read, text waived. Councilmember McCann
seconded the motion, and it carried 5-0.
14. RESOLUTION NO. 2007-106, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE REPORT ON THE OTAY RANCH
EASTERN URBAN CENTER (EUC) SECTIONAL PLAN AREA (SPA) PLAN'S
COMPLIANCE WITH THE GENERAL PLAN EASTERN DISTRICT FRAMEWORK
STRATEGY OBJECTNES AND POLICIES
The report provided an analysis of the Eastern Urban Center (EUC) Sectional Plan Area
(SPA) plan and its compliance with the objectives and policies of the General Plan
Eastern District Framework Strategy. The purpose of staffs analysis was to ensure that
all the necessary components of the framework strategy were addressed, and to obtain
any direction on the matter prior to completing the SPA processing. (planning and
Building Director)
Staff recommendation: Council adopt the resolution.
Todd Galameau, representing McMillin, presented the proposed Eastern Urban Center SPA plan.
Councilmernber McCann asked staff and the applicant to continue working collaborative1y on
the park design element for the project.
ACTION:
Councilmember McCann moved to approve staffs recommendation and offered
Resolution No. 2007-106, heading read, text waived. Deputy Mayor Rindone
seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
Parks Pemberton spoke about the City's future plans and reinforced the need to include the
"small people" on the west side who live in trailer parks and who have little choice with where
they can go, stating that without the people in Chula Vista, the City's character would be lost.
He also suggested consideration of placing mobilehome parks on the east side of the City.
Christine Avilla, a resident who lives near the Save-a-Lot Grocery Store at 1301 Third Avenue,
spoke about the many homeless people who loiter in front of the Replanet Recycling Center,
located on the grocery store lot, and who discard drugs and paraphernalia, defecate and urinate,
beg, steal, and who are permitted by the grocery store to park their vehicles overnight on the lot.
She asked the Council for assistance on the matter and requested the lease for the recycling
center not be renewed. Mayor Cox referred the matter to staff. Councilmember Castaneda asked
staff to review the lease for the Replanet store.
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PUBLIC HEARINGS
16. CONSIDERATION OF PROPOSED AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION 19.58.022 ADDING AND MODIFYING
REGULATIONS FOR ACCESSORY SECOND DWELLING UNITS WITHIN THE
CITY
The Planning Commission reviewed and made recommendations on a draft ordinance
amending Mwricipal Code Section 19.58.022 that would add new regulations and modify
some existing regulations for accessory second dwelling units on lots zoned for single-
family residential use. (Planning and Building Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice. .
Principal Planner Schmitz gave a report and presentation on the proposed second dwelling writ
ordinance amendment.
At 6:09 p.m., Mayor Cox announced a recess. The meeting reconvened at 6:23 p.m., with all
members present. Mayor Cox then announced that Item 18 would be taken out of order and
considered at this time. Item 16 was continued at 6:30 p.m.
Mayor Cox opened the public hearing.
Mike Spethman spoke in support of the proposed ordinance but urged the Council to consider
owner occupancy; the fact that the proposed ordinance is overly cumbersome; a critical need for
affordable housing in the northwest area of the City; and the need for the primary residence to
conform to the new amenities of the accessory dwelling writs.
Mitch Thomson spoke with reference to writ size, stating that 450 square feet is not very
serviceable and would promote tenant turnover. Regarding occupancy requirements, he
suggested that the matter be referred back to staff to look at ways to address emergency
situations, such as military duty. Regarding access and parking, he suggested that those writs
with adequate side yards could be located at the rear of the property and not require a garage. He
also suggested that screening could be comprised of a remote-controlled gate.
Peter Watry spoke in support of the proposed ordinance, and encouraged the Council to retain
the requirement that the owner of the property reside on the property on which the accessory
dwelling writ is located or constructed.
Deputy Mayor Rindone requested staff to come back with clarification as to whether or not a
change of ownership for property with an accessory dwelling unit would require that the new
owner reside in one of the dwelling units.
Frank Luzzaro presented the Council with a list of proposals that currently exist in the accessory
dwelling writ ordinance for the City of Santa Cruz, which included a notice of application to
adjoining neighbors; a site plan that included adequate open space and landscaping; windows
facing adjoining residential property designed to protect the privacy of neighbors; a two-parking-
space requirement for two bedroom dwellings; the required occupancy of the owner in one of the
dwelling units; and enforcement of the legal lot size to accommodate secondary dwelling writs.
He asked the Council to save the integrity of the R-l neighborhoods.
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PUBLIC HEARINGS (Continued)
Susan Luzzaro expressed the importance of protecting the R-I neighborhoods and spoke in
support of owner occupancy and noticing requirements.
Suzanne Santos referred to an example used in staff's presentation of a lO-foot parking
allowance on the side of an accessory dwelling unit, stating that assuming a wall or fence existed
to separate the neighbors, residents parking their vehicles in this area would be unable to open
their vehicle doors, thereby creating associated parking issues.
Pamela Bensoussan, representing the Northwest Civic Association, spoke in support of the
original staff recommendations and in opposition to the Planning Commission recommendations.
She requested that the owner occupancy component be retained, stated that it was important to
value historical neighborhoods and preserve their character, and expressed concern with allowing
three-bedroom units that could end up as mini-dorms. She recommended that a two-bedroom
limit be considered. She also spoke in favor of an attached accessory dwelling unit requirement
for smaller lots.
Jerry Scott spoke in support of the proposed ordinance that would include the owner occupancy
requirement.
Councilmember Castaneda spoke of the importance of preserving the sanctity of the single-
family neighborhoods. He then spoke in support of the proposed ordinance that would include
the owner occupancy requirement.
At 7:07 p.m., Councilmember Castaneda announced that he would be leaving the meeting. He
left the dais and did not return.
Viviane Marquez said she believed that many of the proposed ordinance requirements would
create further obstacles for those who wished to add accessory dwelling units. She encouraged
the Council to look at the ordinance and consider what would really protect the R-I
neighborhoods and what would be just another arbitrary restriction on fulfilling what the state is
hoping for, which is to provide more affordable housing.
Tim Siewert expressed opposition to the 50 percent existing dwelling unit requirement and
allowable based on lot size.
Kevin O'Neill believed there would be associated problems with the owner occupancy
requirement and that the true issue was how accessory dwelling units fit in a neighborhood. He
spoke in support of the requirement for one parking space per bedroom and maintaining an
architectural style compatible with the neighborhood. He suggested that the item be continued
and direction given to staff to look at crafting something that would be a disincentive for
speculative builders and a source of affordable housing.
David Waller referred to a section of the proposed ordinance he believed suggested that by
building an attached or detached accessory dwelling unit, the primary residence must comply
with existing codes; and he expressed concern that the owner occupancy requirement would
require residents to sell their homes should they be unable to meet the requirement. He
suggested staff look at the provisions to ensure that they meet the intent.
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PUBLIC HEARINGS (Continued)
Harold West expressed concem about the excessive amount of detail and regulations for
accessory dwelling units that have no compromise. He suggested that compliance standards
include requirements for new curbs, gutters and sidewalks to match the architecture of the
primary dwelling unit only when worthwhile, and that the Design Review Committee review the
projects, which he believed would solve many problems.
Fred Cowles spoken in support of the owner occupancy requirement and urged the Council to
follow most of the recommendations and changes proposed by the Plarming Commission and
staff, including owner occupancy.
There being no further speakers, Mayor Cox closed the public hearing.
Deputy Mayor Rindone asked staff to review the following issues and bring them back for
further discussion: 1) notice of application to neighbors; 2) 10- foot parking space is too small; 3)
reduce the cap from 850 to 750 square feet; 4) the proposed regulations are excessive; 5) the
owner occupancy requirement, and 6) slope requirements.
The Council and staff further discussed the following issues raised by members of the public:
state requirements, notice of applications, the concept of attached and detached accessory
dwelling units, access and parking, gated screen and remote controlled gate, percentage of
existing house and lot size, unintended consequences of a 450 square-foot unit, matching the
accessory unit to the existing unit, and occupancy requirements.
ACTION:
Deputy Mayor Rindone moved to place the following ordinance on first reading
with the following amendments: 1) amend the section C2 table to allow 650
square-foot units on lots with buildable pad areas of between 5,000 and 9,999
square feet, and reduce the maximum unit size from 850 square feet to 750 square
feet on all lots with buildable pad areas greater than 10,000 square feet; 2) amend
section C3 to require the second unit to be attached on lots between 5,000 and
7,000 square feet; 3) add a requirement for owner occupancy at the time a
building permit is applied for, and continuously thereafter, but grant authority to
the zoning administrator to suspend the occupancy requirement for a period of not
to exceed five years under four specific criteria; and 4) bring back a status report
from the Planning Commission on activity regarding second dwelling units in 12
and 18 months.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE,
ADDING AND MODIFYING DEVELOPMENT STANDARDS FOR
ACCESSORY SECOND DWELLING UNITS (FIRST READING)
Mayor Cox seconded the motion, and it carried 4-0.
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ACTION ITEMS
17. CONSIDERATION OF ACCEPTANCE OF THE 2005 GREENHOUSE GAS
EMISSIONS INVENTORY, AND DIRECTION TO STAFF TO RECONVENE A
CLIMATE CHANGE WORKING GROUP
Since the 1990's, the City has been engaged in addressing climate change through its
carbon dioxide reduction plan. The plan was created with the assistance of a 24-member
task force, and included a baseline assessment of 1990 greenhouse gas emission levels
and a list of 20 actions that the City could undertake to help reach its goal of 80% of 1990
emission levels by 2010. Eighteen of the plan's measures have been implemented to date
by various City departments. The 2005 greenhouse gas emissions inventory is the fIrst
formal review of the City's progress in reducing emissions from both municipal
operations and the broader community. (Conservation & Environmental Services
Director)
Environmental Resource Manager Reed presented the staff report. Director of Conservation and
Environmental Services Meacham spoke about staffs recommendation to create a climate
change working group.
Councilmember McCann asked staff to work with the Mayor's Office to select members for the
working group, and that the full Council ratifY the appointment of the selected members.
Councilmember Ramirez stated that it was important to achieve the goals of the program. He
asked staff to request the working group to give special attention to the Urban Core SpecifIc Plan
and its ability to affect greenhouse gas emissions.
ACTION:
Councilmember Ramirez moved to adopt Resolution No. 2007-107, heading read,
text waived.
RESOLUTION NO. 2007-107, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005
GREENHOUSE GAS EMISSIONS INVENTORY AND DIRECTING
STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP
Councilmember McCann seconded the motion, and it carried 4-0.
18.
CONSIDERATION OF FUNDING TRANSFERS
REHABILITATION AND MAINTENANCE
FOR
PAVEMENT
The City Council previously adopted a resolution endorsing continued implementation of
a pavement management system. Adoption of this resolution allows the consolidation of
available pavement funding into one capital improvement project in order to maximize
the application of available funding and paving activities for the remainder of the
calendar year. (Acting Assistant City Manager/City Engineer)
Item No. 18 was actually heard prior to Item No. 16.
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ACTION ITEMS (Continued)
Deputy Mayor Rindone stated he would abstain from discussion and voting on this item due to
the proximity of his property to certain areas of the reconstruction project. He then left the dais.
Councilmember Ramirez asked staff to come back with a report on the long-term public outreach
component of the project.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-108, heading read, text waived.
RESOLUTION NO. 2007-108, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING
$4,504,665 FROM THE CURRENT PAVEMENT APPROPRIATION,
$2 MILLION FROM THE AVAILABLE BALANCE IN THE NORTH
BROADWAY BASIN RECONSTRUCTION PROJECT (STM354),
AND $5 MILLION FROM THE AVAILABLE BALANCE IN THE
FOURTH AVENUE RECONSTRUCTION BETWEEN DAVIDSON
AND SR54 PROJECT (STL309), FOR A TOTAL OF $11,504,665, INTO
THE PAVEMENT REHABILITATION PROGRAM - FUTURE
ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN
FISCAL YEAR 2007/2008, AND PRELIMINARY APPROVING
TRANSNET FUNDING OF APPROXIMATELY $6 MILLION AND
ANTICIPATED PROPOSITION B FUNDING OF APPROXIMATELY
$3.5 MILLION FOR PAVEMENT REHABILITATION PROGRAM -
FUTURE ALLOCATIONS (STL238) FOR PAVEMENT
MAINTENANCE IN FISCAL YEAR 2008
Councilmember Castaneda seconded the motion, and it carried 4-0-1, with Deputy
Mayor Rindone abstaining.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
There were none.
20. MAYOR'S REPORTS
A. Consideration of approval of the Council Legislative Subcommittee's
recommendations with regard to the City's Boards and Commissions.
Mayor Cox reviewed the recommendations of the Council legislative subcommittee with regard
to the City's Boards and Commissions.
Councilmember Ramirez suggested that applicants for the Growth Management Oversight
Committee (GMOC) be interviewed by the full Council. Mayor Cox recommended that the
GMOC be pulled from the list of recommendations at this time and that staff come back with a
report regarding the GMOC member nomination process.
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OTHER BUSINESS (Continued)
ACTION:
Mayor Cox moved to accept the Legislative Committee's report and
recommendations with the exception of Item No. 11, Growth Management
Oversight Commission, which will be considered at a future date; and to permit
the Youth Commission to continue meeting until further notice. Councilmember
McCann seconded the motion, and it carried 4-0-1, with Councilmember
Castaneda absent.
Mayor Cox asked Interim City Manager Thomson to convey her personal gratitude to the staff of
the Community Development Department on their extraordinary work regarding the Urban Core
Specific Plan. She also welcomed the assistance of the legislative subcommittee or a member of
the Council to meet with the Community Development Department as staff begins to look at the
process for the Southwest Specific Plan.
21. COUNCIL COMMENTS
Deputy Mayor Rindone congratulated the Third A venue Village Association (T AVA) on the
success of the recent Cinco de Mayo celebration, and he requested that a letter of appreciation be
sent to T AVA on behalf of the City.
Councilmember McCann concurred with the comments by Deputy Mayor Rindone.
Councilmember Ramirez commented on the Chula Vista Redevelopment Corporation meeting fn
April 26, 2007, regarding the Urban Core Specific Plan, stating that it was difficult for him to
place his vote next to something that did not meet his quality expectation. He welcomed the
opportunity to come back and address the following issues: development exception; non-
existence of transportation development impact fee funding; allocation of park space; parking
standards; health hazard standards association with freeway emissions; residential energy code
requirements; greater protection for R-l neighborhoods; retail vs. office uses; and special district
requirements.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
ADJOURNMENT
At 10:21 p.m., Mayor Cox adjourned the meeting to the regular meeting of May 15, 2007, at
6:00 p.m. in the Council Chambers, and announced that the workshop of May 3 and the regular
meeting of May 8, 2007 were canceled.
"
Lorraine Bennett, CMC, Deputy City Clerk
Page 14 - Council Minutes
htto://www.chulHlstaca.gov
I
May I, 2007
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John Nezozzi
POBOX 180816
Coronado, CA 92178
June 29, 2007
City Clerk
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear City Clerk:
I hereby resign from my position as Commissioner, effective July 01,2007. I am leaving
this employment because of the following:
- Due to professional activities Out-of-State and Out-of the Country, I am no longer
able to support the activities of the Commission. It was a pleasure to serve the City of
Chula Vista, and I may be able to rejoin the Commission at a later date.
Sincerely,
JohnNezozzi - International Friendship Commission
d f} - !
""
~:'--b
Lorraine Bennett
From:
Sent:
To:
Subject:
Jerome Sandoval Derome.sandoval@suhsd.k12.ca.us]
Monday, July 02, 2007 10:32 PM
Lorraine Bennett
Re: FW: Child Care Commission
Ms. Bennet,
Due to recent circumstances that require me to devote more time to my
family I must regretfully resign my position on the Chula Vista Child Care
Commission as of February 1, 2007.
Respectfully,
Jerome Sandoval
9-0/ I
1
~~
ORDINANCE NO. 2007-_ f:JP~r:,. ~~
ORDINANCE OF THE CITY COUNCIL OF THR~~OF
CHULA VISTA ADOPTING MITIGATED-~GATIVE
DECLARATION IS-07-0l7, AMENDING THE ZONING MAPS
ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY
REZONING ONE PARCEL CONSISTING OF 1.46 ACRES
LOCATED AT 1501 BROADWAY FROM CT-P (COMMERCIAL
THOROUGHFARE WITH PRECISE PLAN) TO R-3
(APARTMENT RESIDENTIAL), AND APPROVING
INCENTIVES AND CONCESSIONS PURSUANT TO THE
DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN
DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF
AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND
HOUSING DEVELOPMENT.
1. RECITALS
A. Project Site
WHEREAS, the area ofland, which is the subject of this ordinance is depicted in Exhibit
"A", which is incorporated into this ordinance by this reference, and for the purpose of general
description herein consists of 1.46 acres ofland located at 1501 Broadway, within the Merged
Chula Vista Redevelopment Project ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on December 14, 2006 a duly verified application for a Rezone (pCZ-07-06)
and Design Review Permit (DRC-07-27) was filed with the City of Chula Vista on behalf of the
Wakeland Development Corporation ("Applicant") to allow the construction of a 42-unit
affordable housing project located at 1501 Broadway ("Project"); and
C. Planning Commission and Chula Vista Redevelopment Corporation Record on
Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on May 23, 2007, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after
hearing staff presentation and public testimony, voted 7-0 to recommend that the City Council
approve the amendment of the zoning maps to rezone the Project Site from CT -P to R-3 and to
approve incentives an concessions pursuant to Density Bonus law; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this project held on May 23, 2006, and the minutes and the
resulting resolution, are incorporated into the record of this proceeding; and
WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public
hearing on this Project on June 14, 2007 and voted _ to recommend that the City Council
3-1
Ordinance No.
Page 2
"'O/"i:'!_
. 7(,,(2
approve ~P~ent of the zoning maps to rezone the Project Site from CT-P to R-3 and to
approve incentive1i' ai(a ~.Q.cessions pursuant to Density Bonus law; and
."J,."...... .
. l-t....
WHEREAS, the proce~ and all evidence introduced on this Project before the Chula
Vista Redevelopment Corporation at their public hearing held on May 23,2007, and the minutes
and the resulting resolutions, are incorporated into the record of this proceeding; and
D. City Council Record on Application
WHEREAS, a duly called and noticed public hearing on the proposed amendment of the
zoning maps to rezone the Project Site from CT-P to R-3 and to approve incentives an concessions
pursuant to Density Bonus law was held before the City Council of the City of Chula Vista to
receive the recommendations of the Planning Commission and the Chula Vista Redevelopment
Corporation, and to hear public testimony with regard to the same; and
WHEREAS, the City Council held an advertised public hearing on the project on June
14, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, the Council voted _ to adopt Mitigated Negative
Declaration IS-07-017, to approve the amendment of the zoning maps to rezone the Project Site
from CT -P to R-3, and to approve incentives an concessions pursuant to Density Bonus law; and
II. The City Council of the City of Chula Vista ordains as follows:
A. Compliance with CEQA
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project
for compliance with CEQA and has conducted an Initial Study, IS-07-017 in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, Based upon results of the Initial Study, the Environmental Review
Coordinator determined that the project could result in effects on the environment. However,
revisions to the project made by, or agreed to, by the applicant would avoid the effects, or
mitigate the effects, to a point where clearly no significant effects would occur. Therefore, the
Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-017.
B. The City Council certifies that the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program IS-07-017 was prepared in compliance with the requirements
ofCEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of
Chula Vista, that the City Council has reviewed and considered the Mitigated Negative
Declaration and the Mitigation Monitoring and Reporting Program, and that the Mitigated
Negative Declaration and the Mitigation Monitoring and Reporting Program reflect the
independent judgment and analysis of the City Council; therefore, the City Council of the City of .
Chula Vista adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program IS-07-017.
C. The rezoning of the Project Site is consistent with the City of Chula Vista General
Plan, public necessity, convenience and the general welfare and good zoning practice support the
amendments to the Municipal Code.
..3 - .:L-
."'"
Ordinance No.
Page 3
D. The City of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A"
from the CT -P (Commercial Thoroughfare with Precise Plan) to R-3 (Apartment Residential).
E. The City Council approves the incentives and concessions, outlined in the
Chula Vista Redevelopment Corporation Staff Report dated June 14,2007, pursuant to
Density Bonus Law for the reduction of certain development standards to allow the construction of
a 42-unit multi-family affordable housing project.
III. EFFECTIVE DATE
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
'~ tLU.-~
Ann Moore
City Attorney
Ann Hix
Acting Community Development Director
J:\Attomey\ELISA\ORDINANCES\Wakeland Los Vecinos Rezone and Incentives per Density Bonus.doc
3-3
Ordinance No.
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of June 2007, by the following vote:
AYES:
Councilmembers:
NA YES:
Agency Members: None
ABSENT:
Agency Members:
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNlA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of the City of Chula Vista, do hereby certify that the foregoing
Ordinance No. had its first reading at an adjourned regular meeting held on the 16th day of
November, 2006, and its second reading and adoption at a regular meeting of said City Council
held on the _ day of 2006.
Executed this _ day of
2006.
Susan Bigelow, MMC, City Clerk
-3-4
..t<.\O~
ORDINANCE NO. ~O'( ,
ORDINANCE OF THE CITY OF CHULA VISTA AME~~~A
VISTA MUNICIPAL CODE SECTION 2.05.010 RELa' TO THE
ESTABLISHMENT OF UNCLASSIFIED POSIT~'J 0 ADD THE
POSITIONS OF CALIFORNIA BORDER ALLI~ GROUP (CBAG)
ANALYST, CBAG PROGRAM MANAGER, CITY ENGINEER, GRANTS
DEVELOPMENT MANAGER, ECONOMIC DEVELOPMENT OFFICER,
GOVERNMENT RELATIONS LIAISON, HOUSING MANAGER,
PLANNING MANAGER, REDEVELOPMENT MANAGER AND TRANSIT
MANAGER AND TO ELIMINATE THE POSITIONS OF
COMMUNICATIONS MANAGER AND INTERGOVERNMENTAL
AFFAIRS COORDINATOR
WHEREAS, the Human Resources Department has reclassified positions to better reflect
the needs of the City's workforce; and
WHEREAS, Charter Section 500(a) requires that all new unclassified management level
positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended as
follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Administrative
Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing,
Assistant Director of Community Development, Assistant Director of Finance, Assistant Director
of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and
Operations, Assistant Director of Recreation, Assistant Library Director, California Border
Alliance Group (CBAG) Deputy Executive Director, CBAG Director - SD LECC, CBAG
Administrative Analyst I, CBAG Administrative Analyst II, CBAG Analvst. CBAG Budget
Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics
Designer/Webmaster, CBAG Lead Programmer Analyst, CBAG Management Assistant, CBAG
Methamphetamine Strike Force Coordinator, CBAG Microcomputer Specialist, CBAG Network
Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Program
Analyst, CBAG Program Manager. CBAG Regional Computer Forensic Laboratory Network
Engineer, Chief Learning Officer, Chief of Staff, City Engineer. CoastaIlEnvironmental Policy
Consultant, COffimomicatioAs Manager, Community Relations Manager, Constituent Services
Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building
Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of
General Services, Deputy Director of Planning, Deputy Fire Chief, Development Planning &
4-/
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"-.1 ",
Ordinance ~.
Page 2 0;1,<
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Improvement Manager, De nt Planning Manager, Director of Budget and Analysis,
Director of Communications, Dire r of Conservation and Environmental Services, Economic
Development Officer. Energy Services Manager, Executive Director of the Redevelopment
Agency/CEO of the CVRC, Fiscal Operations Manager, Government Relations Liaison. Grants
Development Manager. Housing Manager. Human Resources Operations Manager,
lllterbovernmelltal .A.ffaiTS CeeffliFlater, Office Specialist (Mayor's Office), Parks and Open
Space Manager, Planning Manager. Police Captain, Purchasing Agent, Real Property Manager,
Redevelopment Manager. Risk Manager, Senior Council Assistant, Traffic Engineer, Transit
Coordinator, Transit Manager. Treasury Manager.
Such that the revised Section 2.05.010 of the Chula Vista Municipal Code shall read as follows:
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Administrative
Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing,
Assistant Director of Community Development, Assistant Director of Finance, Assistant Director
of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and
Operations, Assistant Director of Recreation, Assistant Library Director, Califomia Border
Alliance Group (CBAG) Deputy Executive Director, CBAG Director - SD LECC, CBAG
Administrative Analyst I, CBAG Administrative Analyst II, CBAG Analyst, CBAG Budget
Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics
Designer/Webmaster, CBAG Lead Programmer Analyst, CBAG Management Assistant, CBAG
Methamphetamine Strike Force Coordinator, CBAG Microcomputer Specialist, CBAG Network
Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Program
Analyst, CBAG Program Manager, CBAG Regional Computer Forensic Laboratory Network
Engineer, Chief Learning Officer, Chief of Staff, City Engineer, Coasta1/Environmental Policy
Consultant, Community Relations Manager, Constituent Services Manager, Cultural Arts &
Fund Development Manager, Deputy Building Official, Building Services Manager, Deputy City
Manager, Deputy Director of Engineering, Deputy Director of General Services, Deputy Director
of Planning, Deputy Fire Chief, Development Planning & Improvement Manager, Development
Planning Manager, Director of Budget and Analysis, Director of Communications, Director of
Conservation and Environmental Services, Economic Development Officer, Energy Services
Manager, Executive Director of the Redevelopment Agency/CEO of the CVRC, Fiscal
Operations Manager, Government Relations Liaison, Grants Development Manager, Housing
Manager, Human Resources Operations Manager, Office Specialist (Mayor's Office), Parks and
Open Space Manager, Planning Manager, Police Captain, Purchasing Agent, Real Property
Manager, Redevelopment Manager, Risk Manager, Senior Council Assistant, Traffic Engineer,
Transit Coordinator, Transit Manager, Treasury Manager.
4-~
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
/J1.~
Approved as to form by:
Marcia Raskin
Director of Human Resources
~'-\;"K:"'-\\\\~~\\
, \
Ann Moore
City Attorney
~ lttN- ~7:I
Edward Van Eenoo
Director of Budget and Analysis
.tf-3
CITY COUNCIL
AGENDA STATEMENT
:$'Y~ em OF
~~~"$ (HULA VISTA
7/10/07 Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ESTABLISHING A
PERMANANT ALL-WAY STOP CONTROL AT THE
INTERSECTION OF LANE A VENUE AND MACKENZIE
CREEK ROAD. ..-.--
CITY ENGINEER ~ if f'i;f
CITY MANAGER f1I0~
4/5THS VOTE: YES NO X
ITEM TITLE:
BACKGROUND
During calendar year 2006, staff was doing extensive work in the Rolling Hills Ranch
area related to a neighborhood traffic calming pilot project and truck route issues. The
residents of neighborhoods adjacent to Lane Avenue (immediately south of Proctor
Valley Road) shared their concerns regarding speeding vehicles and pedestrian safety
along Lane Avenue, particularly at its intersection with Mackenzie Creek Road. A report
regarding truck routes and these concerns was presented to City Council on September
19, 2006. In an effort to address resident concerns regarding speeding and pedestrian
safety, the City Council directed staff to proceed with the installation of an all-way stop
at the intersection of Lane Avenue and Mackenzie Creek Road. Since this intersection
was considered at a past Safety Commission Meeting and did not warrant an all-way stop
installation at that time, the all-way stop was to be installed as a "trial traffic control
device." As such, staff was to monitor its operation and return to the City Council with a
recommendation regarding permanent all-way stop installation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301(c)
(Existing Facility) of the State CEQA Guidelines because it involves installation of an all
way stop sign within an existing intersection. Thus, no further environmental review is
necessary.
5-1
07110/07, Item 5
Page 2 of 4
RECOMMENDATION
That the City Council concur with the Safety Commission recommendation to approve
the all-way stop at Lane Avenue and Mackenzie Creek Road as a permanent traffic
control measure.
BOARDS/COMMISSION RECOMMENDATION
The Safety Commission, at their meeting of May 10, 2007, voted 5-0 (with two
Commissioners absent) to concur with staff's recommendation to establish an all-way
stop control at the intersection of Lane Avenue and Mackenzie Creek Road as a
permanent traffic control measure.
DISCUSSION
On February 14, 2002, staff originally presented a report to the Safety Commission on the
request for an all-way stop at the intersection of Lane Avenue and Mackenzie Creek
Road. Pursuant to City Council's All-way Stop Policy (Council Policy No. 478-03),
since the intersection received 38 out of a maximum 100 points (where a minimum 45
points are required to justify installation), staff recommended to deny the request for an
all-way stop installation. After reviewing staff's report and presentation, and listening to
public input, the Safety Commission voted 6-0-1 in favor of staff's recommendation.
The all-way stop was not installed at that time.
Staff received several subsequent requests for all-way stop installations on Lane Avenue
at the intersection with Mackenzie Creek Road and the nearby intersections of Stone
Canyon Road and Saddleback Street. The first-time requests were studied and presented
to the Safety Commission, where they were all denied. Staff denied all subsequent
requests for all-way stops citing no significant changes to the roadway characteristics
since the original studies were completed.
The residents concerns regarding the traffic conditions along Lane Avenue were revisited
during the process to re-evaluate City truck routes. These concerns were highlighted
during a Community Meeting held on July 31, 2006 at Thurgood Marshall Elementary
School. The members of the public that were in attendance reached agreement that the
installation of an all-way stop with painted crosswalks at the intersection of Lane Avenue
and Mackenzie Creek Road would be desirable.
A report to the City Council regarding Lane Avenue, including the proposed all-way stop
at Mackenzie Creek Road, was made at the September 19, 2006 City Council meeting
(see Attachment 2). Due to the overwhelming desire by residents in the area for the all-
way stop, staff recommended its installation to the City Council. However, because the
location had previously been shown not warranting the all-way stop, staff recommended
the installation be considered a trial traffic control device, providing staff with the ability
to monitor the effectiveness of the all-way stop and potentially remove it if proved to be
hazardous. The City Council voted to approve the installation of the all-way stop as a
trial traffic control measure.
5-2
07/10107, Item 5
Page 3 of 4
Staff has since completed two stop sign compliance studies: the first was completed one
week after the installation and the second two months after installation (see Attachment
2). These stop sign compliance studies were performed, dividing all vehicles driving on
Lane Avenue into three categories: fully compliant (complete stop), semi-compliant
(rolling stop or late reaction), and non-compliant (stop sign violation). Approximately
one week after the all-way stop installation, staff recorded 46 semi-compliant motorists
(12% of total) and 1 non-compliant (<1 % of total) during the hour from 9:30 - 10:30 am.
Two months after the installation, staff recorded a reduction to 16 semi-compliant
motorists (3.3% of total) and 1 non-compliant (<1 % oftotal). Staff believes the reduction
is mainly due to better driver awareness of the newly installed stop control.
Since these studies were completed, staff has continued to observe the intersection while
working with residents from the Mackenzie Creek neighborhood on a pilot traffic
calming program. Staffs on-going field observations indicate the all-way stop is
continuing to function efficiently and provides an additional level of safety for
pedestrians crossing Lane Avenue. Feedback from the residents within the Mackenzie
Creek neighborhood has been overwhelmingly positive.
While performing stop sign compliance studies, staff recorded up to II pedestrians
crossing Lane Avenue. It should be noted the post-installation studies were completed
during an off-peak hour. The II off-peak hour pedestrians, compared to the 10 peak hour
pedestrians observed prior to the installation of the all-way stop, suggests an increase in
the number of pedestrians crossing the intersection. Feedback from residents in the area
supports this conclusion. Residents also have noted a significant increase in the number
of pedestrians crossing Lane Avenue during early evening hours (around 6:00 p.m.) since
the installation of the stop signs.
A before-and-after study regarding the number of accidents at the intersection has yet to
be completed. Since accident data is received from the State of California on a quarterly
basis, the City is awaiting data that could be used to analyze the post-installation time
period; however, discussions with the Police Department and area residents indicates no
significant increase in accidents as a result of the installation.
With the trial all-way stop installation, all roadway markings were installed with a single
coat of paint (to make removal easier if necessary). If approved as a permanent traffic
control device, staff would re-install all roadway markings in thermoplastic material,
which would make the markings bolder and more visible to motorists. Staff would also
verify the visibility of the "Stop Ahead" signage and install supplemental "Stop Ahead"
pavement legends for each approach lane. To comply with the Americans with
Disabilities Act (ADA), a pedestrian ramp on the east side of Lane Avenue south of
MacKenzie Creek Road aligned with the existing crosswalk and Rolling Hills walking
path was completed in June of2007.
5-3
07/10107, Item 5
Page 4 of 4
CONCLUSION
Based on staff's general observations and field data, staff believes that there is sufficient
evidence showing the all-way stop control measure is safe, effective, and respected by
motorists traveling through the intersection of Lane Avenue and Mackenzie Creek Road,
and has increased the level of safety felt by pedestrians crossing Lane Avenue.
Therefore, staff recommends that the trial all-way stop control installation at the
intersection of Lane Avenue and Mackenzie Creek Road be accepted by the City Council
as a permanent traffic control device.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council Members and has found no
property holdings within 500 feet of the boundaries of the property which is the subject
of this action.
FISCAL IMPACT
The estimated cost for the additional marking and sign installations is approximately
$ 1,000, which can be funded through the Public Works operating budget.
ATTACHMENTS
I. Location Map
2. May 10, 2007 Safety Commission Agenda Statement and Minutes
Prepared by: Hasib Saha. Associate Civil Engineer. Engineering
5-4
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ATTACHMENT L
SAFETY COMMISSION AGENDA STATEMENT
Item 7
Meeting Date 05/10/07
ITEM TITLE: Report on the Trial All-way Stop Installation at the Intersection of Lane
A venue and Mackenzie Creek Road
SUBMITTED BY: Jim Newton, Principal Civil Engineerp'.........
After receiving significant public opposition to a modification of the City truck route map, a
community meeting was held to better understand the citizen's concerns. During the meeting, the
residents of neighborhoods adjacent to Lane Avenue (immediately south of Proctor Valley Road)
shared their concerns regarding speeding vehicles and pedestrian safety along Lane Avenue,
particularly at its intersection with Mackenzie Creek Road. A report responding to these concerns
was presented to City Council on August 22, 2006. In an effort to address the residents speeding and
pedestrian safety concerns, the City Council directed staff to proceed with the installation of an all-
way stop at the intersection of Lane A venue and Mackenzie Creek Road. Since this intersection was
considered at a past Safety Commission Meeting and did not warrant an all-way stop installation at
that time, the all-way stop was to be installed as a "trial traffic control device." As such, staff would
monitor its operation and return to the City Council with a recommendation on whether to retain the
all-way stop installation permanently or not.
RECOMMENDA nON:
. That the Safety Commission concur with staffs recommendation for the City Council to
approve the all-way stop at Lane A venue and Mackenzie Creek Road as a permanent traffic
control measure.
DISCUSSION:
On February 14, 2002, staff originally presented a report to the Safety Commission on the request for
an all-way stop at the intersection ofLane A venue and Mackenzie Creek Road (see Attachment I).
Pursuant to City Council's All-way Stop Policy (Council Policy No. 478-03), since the intersection
received 38 out of a maximum 100 points (where a minimum 45 points are required to justify
installation), staff recommended to deny the request for an all-way stop installation. After reviewing
staff s report and presentation, and listening to public input, the Safety Commission voted MSC 6-0-
I in favor of staffs recommendation. The all-way stop was not installed at that time.
Staff received several subsequent requests for all-way stop installations on Lane A venue at the
intersection with Mackenzie Creek Road and the nearby intersections of Stone Canyon Road and
Saddleback Street. The first-time requests were studied and presented to the Safety Commission,
where they were all denied. Staff denied all subsequent requests for all-way stops citing no
significant changes to the roadway characteristics since the original studies were completed.
5-6
Page 2, Item-L
Meeting Date 05/10/07
The residents concerns regarding the traffic conditions along Lane A venue were exasperated by a
change made to the City truck route map. These concerns were heard by City staff and council
members during a Community Meeting held on July 31, 2006 at Thurgood Marshall Elementary
School. The members of the public that were in attendance reached a consensus on what they felt
would be solutions to their concerns. Their solution included the installation of an all-way stop with
painted crosswalks at the intersection of Lane Avenue and Mackenzie Creek Road.
A report to the City Council regarding Lane A venue, including the proposed all-way stop at
Mackenzie Creek Road, was made at the September 19,2006 City Council meeting (see Attachment
2). Due to the overwhelming desire by residents in the area for the all-way stop, staffrecommended
its installation to the City Council. However, because the location had previously been shown not
warranting the all-way stop, staff recommended the installation be considered a trial traffic control
device, providing staff with the ability to monitor the effectiveness of the all-way stop and potentially
remove it if proved to be hazardous. After some discussion, the City Council voted to approve the
installation of the all-way stop as trial traffic control measure.
Staff performed stop sign compliance studies at two different instances: at one week and two
months after installation (see Attachment 3). These stop sign compliance studies were performed,
dividing all vehicles driving on Lane Avenue into three categories: fully compliant (complete stop),
semi-compliant (rolling stop or late reaction). and non-compliant (stop sign violation). To increase
the likelihood of observing stop sign running, staff decided to perform the stop sign compliance
study during an olT-peak hour. Approximately one week after the all-way stop installation. staff
recorded 46 semi-compliant motorists (12% oftotal) and 1 non-compliant (<1 % of total) during the
hour from 9:30- 10:30 am. Two months after the installation, staff recorded a reduction to 16 senti-
compliant motorists (3.3% oflotal) and 1 non-compliant (<1 % of total). Staffbelieves the reduction
is mainly due to better driver awareness of the newly installed stop control.
Since these studies were completed. staff has continued to observe the intersection while working
with residents from the Mackenzie Creek neighborhood on a pilot traffic calming program. Staffs
on-going field observations indicate the all-way stop is continuing to function efficiently and
provides an additional level of safety for pedestrians crossing Lane Avenue. Feedback from the
residents within the Mackenzie Creek neighborhood has been overwhelmingly positive.
While performing stop sign compliance studies, staff recorded up toll pedestrians crossing Lane
Avenue. It should be noted the post-installation studies were completed during an off-peak hour.
The 11 otf-peak hour pedestrians. compared to the 10 peak hour pedestrians observed prior to the
installation of the all-way stop, suggests an increase in the number of pedestrians crossing the
intersection. F eeclback from residents in the area supports this conclusion. Residents also have
noted a signiticant increase in the number of pedestrians crossing Lane A venue during early evening
hours (around 6:(}() p.m.) since the installation of the stop signs.
A be!<Jre-and-aftcr study regarding the number of accidents at the intersection has yet to be
completed. Since accident data is received from the State ofCalifomia on a quarterly basis, the City
is awaiting data that could be used to analyze the post-installation time period; however, discussions
with the Police Department and area residents indicates no significant increase in accidents as a
result of the installation.
J:\l.::ngineer\TRAFFtC\SAFETY COMMtsSlON\2007\2001-05\Lane Avenue: & Mackenzie Creek. A WSl.doc
5-7
Page 3, Item ---1-
Meeting Date 05/10/07
With the trial all-way stop installation, all roadway markings were installed with a single coat of
paint (to make removal easier if necessary). If approved to become a permanent traffic control
device. staff would re-install all roadway markings in thermoplastic material, which would make the
markings bolder and more visible to motorists. Staff would also verify the visibility of the "Stop
Ahead" signagc and install supplemental "Stop Ahead" pavement legends for each approach lane.
Recently. stall had been in contact with the Border Patrol Headquarters located just south of
Mackenzie Creek Road on Lane A venue. The Border Patrol staff had concerns regarding the traffic
patterns at the property's westerly driveway opening. With the subject all-way stop installation, a
left-turn pocket was striped tor the northbound approach to the intersection that crosses the
abovementioned driveway, making ingress/egress left-turn maneuvers for the driveways difficult.
Staff is currently working with the Border Patrol to determine what measures would appropriate be
to mitigate these concerns. At this time. staff is considering the restriction of left-turn movements
for the driveway through the use of signage and. possibly, a pin-on median.
CONCLUSION:
Based on staff s general observations and field data, staff believes that there is sufficient evidence
showing the all-way stop control measure is safe, effective, respected by motorists traveling through
the intersection or L<me A venue and Mackenzie Creek Road, and has increased the level of safety
felt by pedestrians crossing Lane A venue. Therefore, staff recommends that the trial all-way stop
control installation at the intersection of Lane A venue and Mackenzie Creek Road be accepted by the
City as a permanent traffic control device.
FISCAL IMPACT:
The estimated cost tor the all-way stop and crosswalk installation at this intersection is $1,500.00,
which will be funded by CIP Tf-327 (Neighborhood Traffic Calming Program).
Attachmems:
1- 2/14/2002 Safety Commission Agenda Statement & Minutes
2 - 8/22/2006 Council Agenda Statement & Minutes
3 - Stop Sign Compliance Study
J\Engillcer\TRAFFIC\"iAFETY C'OMMJ.".iSI0N\2007\2.007-OS\Lanc Avenue & Mackenzie Creek. A WS1.doc
5-8
SAFETY COMMISSION AGENDA STATEMENT
Item-L
Meeting Date 2/14/02
ITEM TITLE: Report on Request for an All-Way Stop on Lane Avenue and Mackenzie
Creek Road
SUBMITTED BY: Senior Civil Engineer
On October 17,2001, Mr. Quentin Yates submitted a written request, on behalf of the Rolling Hills
Ranch Board of Directors, to install all-way stop control at the intersection of Lane Avenue and
Mackenzie Creek Road. In his request, Mr. Yates suggested the need for all-way stop control to
improve safety conditions for children crossing Lane Avenue to attend Thurgood Marshall
Elementary School, which was located west of the subject intersection and to make an effort to
control the speeding in the vicinity of the intersection.
RECOMMENDATION:
That the Safety Commission concur with staff's recommendation to deny the installation of all-way
stop contro 1 at the intersection 0 fLane A venue and Mackenzie Creek Road based on the intersection
receiving 38 points of a possible 100 points.
DISCUSSION:
The intersection of Lane A venue and Mackenzie Creek Road is aT-intersection with an existing stop
sign on Mackenzie Creek Road stopping eastbound traffic. Mackenzie Creek Road is a residential
street that extends west from Lane A venue and is 40' wide curb-to-curb in this area with allowed
parking on both sides of the street. It has an Average Daily Traffic (ADT) ofl ,232 and a prima facia
speed limit of25 mph. Lane Avenue in this area is a 74' wide curb-to-curb 4-lane Class I collector.
Parking is restricted on both sides of Lane Avenue, which has an ADT of 4, 182, an 85th percentile
speed of 44 mph and a posted speed limit of 40 mph.
After receiving the requests, staff completed an all-way stop control evaluation for the subject
intersection of Lane Avenue and Mackenzie Creek Road including a review of pedestrians and
vehicular volumes, accident history, and physical factors such as sight distances, vehicular speeds,
and roadway alignment such as curves and topography.
A review of the accident history for this intersection shows no reported accidents per any 12-month
period prior to the investigation date. The Statewide accident rate for a similar type ofT-intersection
is 0.14 accidents per million vehicles entering (a1mve).
Motorists turning onto Lane Avenue from Mackenzie Creek Road have comer sight distance
visibilities of over 500' (measured on January 16,2002) when looking toward both northbound and
5-9
Page 2, Item--!...
Meeting Date 2/14/02
southbound traffic. This comer sight distance is adequate for both the 44 mph 85th percentile speed
(requiring 348' sight distance), and is adequate for the 40 mph posted speed limit (requiring 300'
sight distance) on Lane Avenue.
The all-way stop Council Policy warrant evaluation has been conducted and the subject intersection
has been awarded points based on the following conditions.
UNUSUAL CONDITIONS: (15 points)
. 2 points were assigned because the intersection leads to an arterial from an interior circular .
collector.
5 points were assigned because of the 8.89% downhill approach grade.
I point was assigned since prevailing speeds are up to 5 mph higher than posted speed.
7 points were assigned because of the school bus drop-off adjacent to the intersection.
.
.
.
PEDESTRIAN VOLUME: (4 points)
. 4 points were assigned because 10 pedestrians were observed crossing Lane Avenue
during the hour of2;45 p.m. to 3;45 p.m.
TRAFFIC VOLUME: (14 points)
. 14 points were assigned due to the entering volumes of the intersection. *
. Three points are assigned for each hour (for a maximum of 8 hours) when the intersection entering volume
exceeds the 70% of 500 (350) vehicle per hour, and the minor street volumes are more than 200 (140).
Two points are assigned for each hour (for a maximum of8 hours) when the intersection entering volume
exceeds the 70% of 500 (350) vehicle per hour, and the minor street volumes are less than 200 (140), but
more than 100 (70).
One point is assigned for each hour (for a maximum of 8 hours) when the intersection entering volume
exceeds the 70% of 500 (350) vehicle per hour, but the minor street approach did not meet the 70% of200
(140) of both pedestrians and vehicles.
TRAFFIC VOLUME DIFFERENCE: (5 points)
. 5 points were assigned because of intersection volume ratio. The minor street (Mackenzie
Creek Road) approach volume is 47.6% of the highest leg approach volume on the major
street (Lane Avenue).
This intersection received a total of38 points out ofa possible 100 points, where 45 minimum points
are required to justify the installation of all-way stop control. Therefore, staff's recommends to deny
the installation of the all-way stop control at the subject intersection.
All area residents and the Thurgood Marshall Elementary School principal have been notified of
tonight's meeting.
5-10
FISCAL IMPACT:
None based on staff's recommendation.
Attachments:
All-Way Stop Studies
Area/Sight Distance Plat
Engineering Speed Survey
Radar Speed Survey
Pedestrian Study
Volume Study
J :\Engineer\SAFETY\mackcnzic '-pan.doc
Page 3, Item---!..
Meeting Date 2/14/02
5-11
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
February 14, 2002
6:30 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. Roll Call:
Meeting was calied to order at 6:34 p.m.
Present:
Chair Liken; Commissioners Acton, Gove, Lopez, Perrett, and White
Absent:
Commissioner McAiister
Also present:
Ralph Leyva, Senior Civil Engineer; Majed AI-Ghafry, Civil Engineer; Patrick
Moneda, Assistant Engineer; Sg!. Scott Arsenault; and Florence Picardal,
Recording Secretary
MSC (Liken/Acton) to excuse the absence of Commissioner McAlister (6-0-1, McAiister absent)
2, Pledae of Allealance/Sllent Praver
3. ODenina Statement
Opening statement read by Chair Liken.
4. ADDroval of Minutes - October 11. 2001: November 8. 2001: and Januarv 10, 2002
MSC (Liken/Gave) to approve the minutes of October 11,2001 as submitted. (4-0-2-1, Acton &
Perrett abstain, McAlister absent)
MSC (LikenIWhlte) to approve the minutes of November 8, 2001 as submitted. (4-0-2-1, Gave &
Perrett abstain, McAlister absent)
MSC (Liken/Perrett) to approve the minutes of January 10, 2001 with minor corrections. (6-0-1,
McAlister absent)
MEETING AGENDA
5. Oral Communications
None.
6. ReDort on Reauest for an AII-Wav StoD on Lane Avenue and Mackenzie Creek Road
On October 17, 2001, Mr. Quentin Yates submitted a written request, on behalf of the Rolling Hills Ranch
Board of Directors, to instali ali-way stop control at the intersection of Lane Avenue and Mackenzie Creek
Road. In his request, Mr. Yates suggested the need for ali-way stop control to improve safety conditions for
children crossing Lane Avenue to attend Thurgood Marshali Elementary School, which was located west of the
subject intersection, and to make an effort to control the speeding in the vicinity of the intersection.
Civil Engineer AI-Ghafry presented staff report and Powerpoint presentation. He stated that 10 calis were
received. Seven were in favor of the ali-way stop control and 3 were opposed.
Staff Recommendation: That the Safety Commission concur with staffs recommendation to deny the
installation of all-way stop control at the intersection of Lane Avenue and Mackenzie Creek Road based on the
intersection receiving 38 points of a possible 100 points.
5-12
Safety Commission Minutes
.~RY8. ~ 1, 2002
11:l;<'.v ~etl:}
Page 2
Chair Liken stated that Commissioner Acton would not be able to speak at tonight's meeting due to mouth
pain. She would be passing notes to Chair Liken so that he could verbalize those comments.
Public hearing opened.
The following persons spoke in favor of staffs recommendation:
1. Christian Adams, resident of Rolling Hills Ranch.
Public hearing closed.
Commissioner White stated he supported staffs recommendation for the following reasons: low pedestrian
counts, adequate sight distances, and Lane Avenue being a main thoroughfare. Chair Liken stated he
supported staffs recommendation due to the warrants and the guidelines from the /'JI-Way Stop Policy.
Commissioner Perrett stated he also supported staffs recommendation.
MSC (White/Lopez) to concur with staffs recommendation to deny the installation of all-way stop control at
the intersection of Lane Avenue and Mackenzie Creek Road based on the intersection receiving 38 points of a
possible 100 points. (6-0-1. McAlister absent)
7. ReDor! on ReGuesl for an AII-Wav SIOD on Paseo Del Cerra and Paseo Entrada
Item pulled by staff.
8. ReDor! on Reauesl for an AII-Wav SIOD on Silverado Drive and Rivera Wav
Item pulled by staff.
9. Action SummarY UDdate/Staff Comments
Senior Civil Engineer Leyva announced an upcoming workshop for new commissioners. Civil Engineer AI-
Ghafry stated staff was submitting an information memo to Council to install the all-way stop at Rancho Del
Rey/Milagrosa which was approved by the Safety Commission on January 13, 2000. Staff recommended to
postpone the all-way stop installation to a future date until the construction of Marisol Park was completed and
fences were removed. Staff now feels that the intersection is suitable for the all-way stop installation. General
discussion ensued on procedures for information items submitted to Council.
10. Traffic Accident SummarY - December 2001
Traffic Accident Summary accepted into record. No staff comments.
11. ChanGe in Safety Commission MeetinG Star! Time from 6:30 D.m. to 6:00 D.m.
MSC (LikenlWhlte) to change Safety Commission meeting start from 6:30 p.m. to 6:00 p.m. beginning with
the March 14, 2002 meeting. (6-0-1, Mc/'Jister absent)
5-13
Safety Commission Minutes
1i;. "u,l",,\2002
.....i~'Ae:..\.
12 Commissioner Comments
Page 3
In the past, Chair Liken requested that when Safety Commission items are referred to City Council by staff, a
copy of said report should also be forwarded to the Safety Commission members. Chair Liken re-stated his
request for Council referred items and asked that staff comply with this request. Chair Liken brought in the
videotape from the January 15, 2002 Council meeting. The re-evaluation of La Senda/East" J" Street All-Way
Slop (Item #13) was scheduled for this meeting and the Safety Commission members and staff viewed this
portion of the videotape (total time 25 minutes). General discussion ensued on procedures for informing City
Council on Safety Commission items Chair Liken asked staff to contact the City Clerk's office about receiving
weekly City Council agendas.
ADJOURNMENT AT 7:49 P.M. to a regular meeting scheduled for March 14,2002.
Respectfully submitted,
Florence Picarda), Recording Secretary
J:\Engi0e8r\sAFETY\021402_MIN doc
5-14
COUNCIL AGENDA STATEMENT
Item .,1(.,
Meeting Dap 1112'2/06
SUBMITTED BY:
Report on requests by the Rolling Hills Ranch Community Association and
residents to amend the Truck Route designations on Lane Avenue, Proctor
Valley Road and Hunte Parkway
Acting Director of Engineering ~
Chief of Police
Interim City Manager f'
(41Sths Vote: YCS-No.x.J
ITEM TITLE:
REVlEWED BY:
Due to new major roadways in the eastern part of the City, there was a need to update the City's
truck routes per Chapter 10.64 (Truck Routes) of the Chula Vista Municipal Code. On March 21,
2006, Ordinance 3033 was introduced to the City Council for a first reading and on March 28, 2006
this Ordinance was adopted by the City Council, thereby amending Ordinance 2482 dated 1991
Tonight, Council will discuss the residents' concerns about Truck Route designations on Lane
Avenue, Proctor Valley Road and Hunte Parlcway
RECOMMENDATION: Based upon agreements made with the community at a meeting on
July 31,2006, that Council:
1) Maintain the designation of Lane Avenue, Proctor Valley Road and Hunte Parkway as
Truck Routes;
2) Direct staff to proceed with a review of Truck Route signage along Lane Avenue; and,
3) Direct staff to proceed with implementation of trial traffic safety alternatives for Lane
Avenue as agreed to with the community and to return with recommendations for
Council's consideration after a minimum two-month trial period.
BOARD/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Ordinance 3033 (March 2006) added various major streets to the truck circulation plan for the city,
including Proctor Valley Road (east of SR 125), Hunte Parkway (from Proctor Valley Road to
Olympic Parkway) and Lane Avenue (between Proctor Valley Road and Otay Lakes Road). At the
June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue asked the City
Council to reconsider the decision to designate Lane A venue as a Truck Route. This request was
later expanded by a letter from the Rolling Hills Ranch Association (June 19, 2006) to include
Proctor Valley Road and Hunte Parkway (see Attachment 1).
Tbe concerns of the residents were further explored during a Community Meeting on July 31, 2006
at Thurgood Marshall Elementary School. While the viewpoints of the residents are understood
and appreciated, should the Truck Route designation be removed from Proctor Valley Road, Hunte
Parkway and/or Lane Avenue, trucli: traffic would be prohibited on these and all surrounding streets,
_2& 1-
5-15
Page 2, Item ;2(,
Meetine Date ll11n2In6
per Chula Vista Municipal Code Section 10.64.010. Furthennore, without designated Truck
Routes in the northeastern portion of the city, trucks would be allowed to choose and travel upon
whatever street provides the most direct route to and from their destination opening streets such as
MacKenzie Creek Road and Rocking Horse Drive to truck traffic. Therefore, it is recommended
that the Truck Route designatiocs remain as adopted in March 2006 given the framework provided
by the California Vehicle Code (CVe) and Chula Vista Municipal Code (discussed in detail
below), but also that the temporary traffic controls agreed to with the residents be put into place
along Lane Avenue.
'R~t".kgrnl1'nrl'
California Vehicle Code (CVe), Section 35701 grants local agencies the authority (by ordinance)
to establish "Truck Routes." Section 10.64.010 of the Chula Vista Municipal Code states, 'it is
unlawful to operate a vehicle weighing in excess of 10,000 pounds except upon a truck route
designated within the city limits. This section is effective when signs marlced "truck route" have
been installed along the designated truck routes, and the city engineer has icstalled signage at each
vehicular point of entIy into Chula Vista restricting vehicles in excess of 10,000 pounds to
designated truck routes. The city engineer shall maintain within a register Schedule VII listing all
streets or portions of streets that are designated "truck routes.'" Furthermore, Section 35703 of the
CVC states, "No ordinance adopted pursuant to section 35701 shall prohibit any commercial
vehicles coming from an unrestricted street having ingress and egress by direct route to and from a
restricted street when necessary for the purpose of making pickups or deliveries of goods. "(see
Attachment 2).
The circulation plan for truck traffic (Truck Routes) in a city should be regularly reviewed and
updated as required. With the adoption of the General Plan, including a traffic circulation plan (see
Attachment 3), in December llIld sigDificllIlt changes to the Chula Vista street network since
designated Truck Routes were last updated in 1991, a review of the city's Truck Routes was
recently completed. The City has experienced many changes since 1991 including the opening of a
large number of roadways east of the 1.805 Freeway The 1991 Truck Route designatiocs
essentially did not include the area south of Telegraph Canyon RoadIOtay Lakes Road or anything
east of the SR 125
The updated citywide Truck Route designatiocs were implemented with the adoption of Ordinance
3033 on March 28, 2006 (see Attachment 4). In selecting roads for Truck Route designation, the
City's Traffic Engineer considers the evc, the Municipal Code, the General Plan, the General PlllIl
(Traffic) Circulation Element, roadway design, connectivity needslmost direct routes, citywide
cocsistency and accepted engineering practices.
The Truck Routes designated with this latest action are all on major circulation roadways and avoid
residential home frontage; distribute the burden evenly across the roads and provide the most direct
access routes to all businesses so that trucks are not short-cutting on streets not designed to handle
typical major street truck volumes. Major streets are structurally designed to accommodate heavy
5-16
Page 3, Item ~.f.?
Meeting Date nlltnlnh
trucks, have wider lanes, less grades and larger centerline curves to better accommodate turns.
Truck use on any City street is pennitted, regardless of Truck Routes designations or truck
prohibitions, if it is necessary to use such a street to deliver or pick-up merchandise or engage in
any construction activities on private property, buildings, etc. Therefore, designated truck routes
are intended to connect major City streets and do not automatically prohibit trucks from using any
other City streets not designated as truck routes if those streets are necessary for egress and ingress
by direct route to and from restricted streets for the purpose ofloading or unloading.
Within the Circulation Plan of the updated Chula Vista General Plan, Proctor Valley Road is
identified as a six-lane Prime Road; Hunte Parkway as a four-lane Major Road and Lane Avenue as
a Class I Collector. These major roadways were planned., designed and comtructed to handle
significant traffic, including trucks, and were designated as Truck Routes with this latest action in
order to connect the northeastern part of the city to the road network for the transportation of goods
to and from that part of the city All homes along these roads are buffered by adjacent open space
lots with no residential driveways fronting the roadway and five-foot masonry walls along their
backyard boundaries.
Northbound ~aD. Aveuue nQrth
of McKenzie Creek Road looking
west
Soutl:ll:>ound LlUle Avenue at Sto"e
Canyon ~o&d looking ...~
Currently, trucks rated 10,000 pounds (five-tons) and above in gross vehicle weight use Proctor
Valley Road, Hunte Parkway and Lane Avenue regularly to deliver goods to businesses, shops
and residences located nearby. Restricting truck use on these roads would displace trUck traffic
from one roadway to another, perhaps onto streets such as MacKenzie Creek Road and Rocking
Horse, which run adjacent to Thurgood Marshall Elementary and where homes and driveways
front the roadways, and would be in conflict with the planned function of the roadway
Communication from residents indicates the area of most concern is Lane Avenue; therefore, the
information that follows provides additional detail specific to Lane Avenue.
Lane Avenue varies in width from 64 feet to 74 feet. Street classifications for Lane Avenue have
remained the same since the adoption of the General Plan in July of 1989, including the land use
U I
5-17
Pa~ 4, Item ;<.(p
Meeting Date Olln'2/01i
zoning in this area. The southern portion of Lane Avenue is located within the East Lake
Business Center and is SlJIrDunded by light industrial and commercial businesses, while the
northern half is within the Rolling Hills Ranch subdivision. South of MacKenzie Creek Road,
Lane Avenue is currently zoned as Business Center (BC), which includes commercial and light
industrial uses per the 1998 General Plan and the General Plan update of December 2005.
FnvirnnmP.T1t~l rnn~:::;rlP.rntinn~
. On January 29, 1985 the City Council approved the Eastlake I SPA and certified the project
EIR. The Bastlake I SPA designated the land between Otay Lakes Road and MacKenzie Creek
Road as Light Industrial.
. On July II, 1989 Resolution No. 15176 for the General Plan was adopted which classified
Lane Avenue as a four-lane Class I Collector Street between Otay Lakes Road and Proctor Valley
Road, which it remains today
. On March 24, 1992, the Salt Creek Ranch (now called Rolling Hills Ranch) SPA was
approved and the project EIR was certified. The EIR far Salt Creek Ranch (Rolling Hills Ranch)
(91-03) contained an analysis of all potentially significant impacts related to the project, including
noise. For pmposes of the noise analysis, the EIR assumed the fallowing:
_ Lane A venue south of East "H" Street (Ptoetor Valley Road) would be classified as a
Class I Collector roadway with a vehicle mix of 97% cars, 2% medium trucks and 1 %
heavy trucks;
_ East "H" Street (Procter Valley Road) west of Hunte Parkway would be classified as a
Prime Road with a vehicle mix of 94% cars, 4% medium trucks and 2% heavy trucks
with a vehicle speed of 50 mph.
The EIR identified areas where traffic-related noise impacts would occur. Mitigation measures
were included to require noise walls in those areas. All noise walls identified in the EIR have been
constructed. The mitigation m~UI'CS stipulated that noise walls would be required on East "H"
Street from the boundary of the project to Lane Avenue and then down a short way along 4ne
Avenue. It should be noted that in fact noise walls were constructed by the Developer on Lane
Avenue all of the way to MacKenzie Creek Road even though their construction was not identified
as a required mitigation measure.
As a result of concerns about the Truck Route designation raised by the residents, an updated
analysis of potential noise impacts associated with the Truck Route designation was done using the
following trucks to vehicle mix based on the actual counts done by the Engineering Department
after the Truck Route designation was implemented (see more detailed infoxmation below in "Field
Data" section). The actual count for Lane Avenue over a 12-hour period (6:00 a.m. to 6:00 p.m.)
totaled 5,388 vehicles (174% medium trucks, 0.9% heavy trucks WIth the remainder, 97% cars).
Actual present day counts were lower than the vehicle to truck mix anticipated in the Salt Creek
Ranch (Rolling Hills Ranch) EIR. A significant amount of the heavy truck activity in the most
5-18
Page S, Item )/p
MeetiDg Date 011/'2'2/06
recent COLmt appeared to be conBtruCtion related.
To assess the noise effects caused by the trucks on the roadway, the noise contribution with the
actual counted trucks was compared to the noise levels that would occur without trucks. Given the
volume of trucks/vehicles on the road currently the noise levels would be less than one decibel
louder than a roadway with no trucks. If the truck volumes were double the current levels, the noise
increase would be between one and two decibels. Changes ofless than three decibels are in general
not noticeable in the outdoor environment, which is consistent with the City's threshold for
determining if there is a significant noise impact.
The City's General Plan noise standard is a CNEL. This is a 24-hour average that penalizes noise
levels during evening and nighttime hours. The use of the CNEL is intended to account for the
sensitivity of noise occmring during the evening and nighttime. Of course, noise levels vary As
such, each individual truck occurrence may result in a noise level that could be perceived as an
annoyance. Because the City standard is a 24-hour weighted average, individual occurrences are
evened out and do not result in a significant impact in this case.
T M1f1! A VP.l1l1l": 14if'!1tI n~t::t
On Tuesday, July 11, 2006, City staff conducted traflic counts and vehicle classification counts in
order to determine the amount of heavy trucks in the neighborhood. A total of 5,388 vehicles were
classified for the 12- hour period from 6:00 a.m. to 6:00 p.m. using the Federal Highway
Administration (FHW A) classifications shown below. Note that Class 3 vehicles are usually pick
up trucks and sport utility vehicles and Class 4 vehicles (buses) are not excluded from truck routes.
Class 5 vehicles can be rated at less than or more than five-tons. Heavy trucks are those identified
with an (H) and are rated at over five-tons:
Volume
-Tire
12
1707
9
2
48
Total
%
Dellnilioll
2 0.04
0 0
1 .02
e 0
7 6
2.0 B
5-19
Page 6, Item ;;2b
MeetiDg Date 0ll/27JOti
r.alifomia V..hirl.. ('evil" and FnforrP.lT1""t
Since public roadways are subject to the regulations within the eve, the eity must always e=
that local regulations do not conflict with the evc so that safety and enforceability can be
accomplished. To that end, Sections 35700, 35701 and 35703 of the eve authorize cities to
prohibit the use of a street by any commercial vehicle or any vehicle exceeding a maximum gross
weight limit, such as 10,000 pounds, with exceptions. The 10,ooO-pound restriction applies to all
commercial vehicles with exceptions, including buses, governmental fire service vehicles, public
utility vehicles and trash trucks. Chula Vista's Municipal eode essentia1ly makes it unlawful to
operate a vehicle weighing in excess of 10,000 pounds except upon a truck route designated within
the city limits. Therefore, should the truck route designation be removed from Proctor Valley
ROIld, Hunte PlUkwIly lind/or Lane Avenue, truck traffic would be prohibited on these streets
(and surrounding streets), per Chula 'YlSta Municipal Code Section 10.64.010 lelllling the
northeastern portion of the city open to trucJcs choosing whatever street provides the most dired
route to and from their destination. The evc does allow the prohibition of any commercial
vehicle exceeding a maximum gross weight of 14,000 pounds if, by accepted engineering
standards, the bridge, defective roadway structure, street, road or highway cannot support such
vehicle. There are no such conditions in this area of the city
Residents expressed their viewpoint that Lane Avenue is residential in nature and therefore, trucks
should be prohibited from using this street. The California V chicle Code specifically defines a
residential street as one where homes have direct frontage onto a street. Since these major
roadways of Hunte Parkway, Lane Avenue and Proctor Valley Road have landscaped common
areas as separate parcels located between the homes and the major roadway and the rear of the
homes abut the roadway, the definition is not met.
'R' I'!Q;nP-n1'c;t' ~~fpty rnnr,-rno;: fnr T :Anf'! A Vf'mlll"!
Residents have also expressed concerns about pedestrian safety on Lane Avenue. On Monday, July
31 st, City staff from the Engineering, Planning & Building, and Police Departments met with a
group of about 18 residents to discuss the Truck Route designations. At that meeting, residents
further voiced their concerns and indicated a desire to pursue legal action. The community was
noticed via hand posted meeting postcards placed on doors of almost 200 residences, email contact
with two residents who had agreed to be communication linkages, posting on the Rolling Hills
Ranch Community Association web page and an infurmation item to City Council.
The residents further emphasized their concerns regarding traffic safety and truck traffic noise in the
Rolling Hills Ranch community in general and specifically on Lane Avenue. The group was able to
reach consensus for installation of potential roadway enhancements, given the Truck Route
designation, which the City Council is asked to authorize for trial installation (see Attachment 5).
These include:
. All-Way Stop control with painted crosswalks at Lane Avenue and MacKenzie Creek Road.
5-20
Page 7, Item /{ (;
Meeting Date nR/21/0Ii
. All-Way Stop control with painted crosswalks at Lane Avenue and Boswell Road.
All-way stop control at Stone Canyon Road was also recommended by City staff; however this
option was eliminated by attendees because of the vehicle noise concerns voiced by a family living
on that particular comer.
Residents have previously requested all-way stops and crosswalks on Lane Avenue at Stone
Canyon Road and MacKenzie Creek Road. These possibilities were considered by the Safety
Commission and were not approved since requirements were not met However, the designation of
this road as a Truck Route changes the condition and thus staff recommends that we proceed with
trial installation of all-way stop controls as described above. The residents have agreed to a trial
period of 60 days after which staff would return to the City Council with a recommendation for a
final disposition pllISuant to CYMC 10.12.030.D whereby the City Engineer may teat traffic control
devices under actual traffic conditions.
A review of the accident rate on this roadway shows that the accident rate of 0.77 accidents per
million vehicle miles is 76% below the statewide accident rate of 3 18 for similar roadways in
California. The speed limit is posted at 35 MPH within the industrial zone and at 40 MPH within
the subdivision. The difference in speed limits is due to the fact that the roadway is wider within
the subdivision at 74-feet and the 85th percentile speed is at 41 MPH while the south end of the
street is 64-feet in width with an 85th percentile speed of38 MPH. Speed limits are generally set at
the closest five-mile per hour interval to the 8Sl!l percentile speed.
t:nnr.l11Qinn
An efficient truck route network is one that has been eatablished so that the need for trucks that
exceed five-tons in weight to travel on residential streets will be !educed as much as possible. It is
undesirable to have heavy trucks on MacKenzie Creek Road, River Rock Road, Rocking Horse
Drive, Stone Canyon Road or any other residential collector road (40-feet wide) or minor residential
roadway (36-feet or less) within this subdivision. Removing the Truck Route designations on
Proctor Valley Road, Hunte Parkway and/or Lane Avenue would likely increase truck traffic on
smaller local streets which homes and driveways front. Due to the proximity of the industrial park
and the soon to open commercial complex at the comer of Proctor Valley Road and Mount Miguel
Road, even without a Truck Route designation, Lane Avenue would likely continue to experience
similar volumes of trucks legally traveling the most direct route to their destination. Should the
truck route designation be removed from Proctor Valley Road, Hunte Parkway and/or Lane
A venue, truck traffic would be prohibited on these streets (and surrounding streets), per Chula Vista
Municipal Code Section 10.64010 leaving the northeastern portion of the city open to trucks
choosing whatever street provides the most direct route to their destination. PHm;nonng the Truck
Route designations would also hamper the Police Department's ability to cite heavy trucks
deviating from major streets. Therefore, it is recommended that the Truck Route designations as
adopted with Ordinance 3033 remain on the major streets identified within the Rolling Hills Ranch
subdivision.
~G 1
5-21
Paae 8, Item c2~
MeetlnC Date Olln'2lll6
However, it is further recommended that trial traffic control devices agreed to by the residents in
attendance at the July 31, 2006 community meeting be installed for a trial period of at least 60 days
to be evaluated at that time by the community After that point, staff will return to the City Council
with any related recommendations.
Additionally, residents voiced concerns about the noticing procedures associated with the March
Agenda Item. Although the March items met all noticing requirements, staff will be investigating
the implementation of broader notification procedures for future situations such as this.
CONFLICT OF INTEREST: Staffhas reviewed the property holdings of the City Council and
has found no such holdings within 500' of the property that is the subject oftbis action.
F1SCAL IMPACT: There is no fiscal impact to the General Fund with this project at this time.
Attachments:
1 - Rolling Hills Ranch Letter
2 - California Vehicle Code (CVe) Sections 515, 35700, 35701, and 35703
3 - Circulation Plan East and West of 2005 General Plan
4 - Approved Truck Route per Ordinance 3033
5 - Potential Roadway Enhancement locations
(File No.. TF339/KY-1S8)
]"\EDginecrlAGENDA\CAS2006\03-22.o6\TRUCKROUTE.doc
5-22
PUBLIC COMMENTS (Continued)
Heather Mitchell, resident of Otay Ranch, reiterated the broken promise feeling mentioned by
Mr. Boehm. She said that she and her husband purchased their home in 2001 and had seen the
traffic grow. She understood the importance of schools, but was also concerned with the impacts
of traffic, noise, and noise volume up until 10 p.m. The project would abut her backyard.
Ivan Rosabal, speaking for Ms. Moore and his neighbors, requested Council assistance regarding
a house on Emerson Street that was reactivated as a halfway house. Councilmember Castaneda
stated that staff had previously been notified of the situation and referred Mr. Rosabal to his aide,
Linda Wagner, for further information.
ACTION ITEM
17. REPORT ON REQUESTS BY THE ROLLING HILLS RANCH COMMUNITY
ASSOCIATION AND RESIDENTS TO AMEND THE TRUCK ROUTE
DESIGNATIONS ON LANE AVENUE, PROCTOR VALLEY ROAD AND HUNTE
PARKWAY AND REGARDING POTENTIAL TRAFFIC CONTROL
ENHANCEMENTS TO LANE AVENUE (Continued from August 22, 2006)
At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue
asked the Council to reconsider the decision to designate Lane Avenue as a Truck Route.
This request was later expanded by a letter from the Rolling Hills Ranch Association
(June 19, 2006) to include Proctor Valley Road and Hunte Parkway. This item was
scheduled for Council discussion at the August 22, 2006 meeting, but was continued.
The continuance allowed further opportunity for staff to work with the community, the
City Attorney's Office and the Chula Vista Police Department to explore potential
alternatives. (Acting Engineering Director)
Item 17 was taken out of order and actually heard following Public Comments, prior to the
Consent Calendar.
Traffic Engineer Rivera provided the staff report and responded to questions of the Council.
Dan Lorent, resident of Rolling Hills Ranch since 1998, requested that the Council continue to
pursue solutions to eliminate heavy truck traffic within the Rolling Hills Ranch area.
David Stucky, president of the Rolling Hills Ranch Community Association, thanked
Councilmember Chavez for her leadership, and Acting City Engineer Browder and her staff for
their outreach efforts to resolve the issues on a mutually agreeable basis. He then spoke in
support of the trial measures, but expressed concerns with some of the analysis in the agenda
statement and accompanying material, primarily that the prohibition of trucks over five tons on
the northern part of Lane A venue would be revisited after the opening of SR-125 in
consideration of anticipated future industrial or commercial development patterns. However,
according to the General Plan, there were no industrial or commercial developments planned east
of Hunte Parkway or north of Otay Lakes Road. Secondly, the assertion that unless Procter
Valley Road, Hunte Parkway and Lane Avenue were designated as truck routes, side streets,
such as MacKenzie Creek Road and Rocking Horse Drive. would become open to unrestricted
truck traffic, misstated both the letter and the intent of the vehicle code and the Chula Vista
Municipal Code. SiF could be posted at appropriate points and limit truck traffic to trucks
under a specified weIght, except for loea! deliveries. Under either law, trucks are required to
take the most direct route to their ultimate destination. In conclusion, he stated that although
staff's efforts were appreciated and the trial measures supported, this was not a concession on die
greater issue of the truck routes and the use of the streets as a regular through route if these
issues were allowed to stand.
Page 10 . Council Minutes
htlp:l/www.chulavistaca.gov
September] 9, 2006
5-23
ACTION ITEM (continued)
Kit Gardner. speaking also for Angela Brill, spoke in support of his neighbors and calming
traffic along Lane, MacKenzie Creek, and in Rolling Hills Ranch, generally. He requested
signage on MacKenzie Creek Road, Lane and Mt. Miguel stating "No Trucks Allowed."
Laura Constantinedes asked why residents were not notified about the truck routes prior to a
decision being made. She then expressed concerns about increased fme particle pollution and
the deterioration of the streets. Also, she was concerned about children walking to and from
school, and did not understand why the truck routes were in a residential rather than commercial
area As a registered nurse, she believed it was a health issue.
Jamelin Johnson expressed concern for the children in the area crossing the street.
Alan Reoch stated that his house backs up to Lane Avenue. He applauded the recent action to
put the five-ton limit signs back up on Lane Avenue, and requested a guarantee that the
residential streets would not be changed back after the upcoming election and the opening of the
SR-] 25 toll road. Secondly, he stated that nothing had been done to correct the error of making
both Proctor Valley Road and Hunte Parkway truck routes. If Proctor Valley Road was
designated, there was nothing to stop trucks from using Lane Avenue as a short cut, since it was
the path of least resistance. Additional signage was needed. Also, Hunte Parkway was one of
the streets the residents needed to cross to get to Monte Valle Community Park.
Dr. Sue Hauwiller delivered petitions from the Rolling Hills Ranch neighborhood and appealed
to the Council to reverse its prior decision to designate the streets as truck routes. She also asked
that the City put in an access road parallel to the SR-]25, between H Street and Otay Lakes
Road, to be used as a designated truck route and bus route.
Stewart Payne, who resides off of Duncan Ranch Road, east of Hunte Parkway, stated he saw no
reason for a truck route on Hunte Parkway, noting the report failed to mention the elementary
school at the comer of Olay Lakes Road and Hunte Parkway. There was no need for a truck
route east of Lane A venue or Hunte Parkway, as deliveries to schools could be done with trucks
offive tons or less.
Fred Dufresne stated that he has lived on Otay Lakes Road for 35 years and that the subject
seemed to be "not in my neighborhood." There are 25 to 30 UPS trucks that corne down Otay
Lakes Road every 15 minutes. The trucks will still have to cross over where residents are living.
Chris Constantinedes said that the placing of a major truck route in the residential area was not
needed; the only commercial area is at E street and Monticello. If the schools needed deliveries,
a five-ton truck could make them.
Barbara Gelsominai thanked her community members for speaking to the issue. She then stated
that Proctor Valley Road still needed to be addressed, as it too, should be designated as a "no-
trucks allowed"' area.
Page I I - Council Minutes
http://www.chulavistaca.gov
September 19. 2006
5-24
ACTION ITEM (continued)
Councilmember Chavez asked staff to provide a map to the Council showing the school district
boundaries, as well as where the schools were located. She also asked that a process be
established so that when the Council has to adjourn to closed session, a designated staff member
can check and advise the public if the closed session will be ending soon or if an item looks like
it will need to be continued.
Councilmember McCann requested the addition of "no trucks allowed" signage at MacKenzie
Creek and Lane Avenue and MacKenzie Creek and Mt. Miguel Road. He also ~uested an
analysis of the appropriateness of Proctor Valley Road and Hunte Parkway being deSignated as
truck routes.
Councilmember Rindone stated that once the SR-125 is completed, he did not see a need to keep
Proctor Valley Road and Hunte Parkway as truck routes, and.he requested an analysis by staffat
that time.
Councilmember Castaneda asked that staff contact some of the delivery recipients, such as the
school district and golf course, to see if smaller vehicles could accommodate them. He also
requested a report on establishing a Transportation Committee, similar to the Public Safety
Committee, to deal with these kinds of issues. In addition, he asked staff to come back with an
action plan on how to establish neighborhood protections, truck routes with the least amount of
impact, and guarantee they are going to be permanent
Councilmember Chavez spoke in support of establishing a Transportation Committee. She then
requested an analysis of the truck routes from the businesses, mapping out routes from store to
store, routing trucks away from the neighborhoods and perhaps combining deliveries.
Councilmember Rindone stated he did not concur with the need to establish a Transportation
Committee, as the Safety Commission already exists and should be dealing with these types of
situations.
ACTION:
Deputy Mayor McCann moved to accept the report and direct staff to proceed
with implementation of the trial all-way stop control at the intersection of Lane
Avenue and MacKenzie Creek Road. Councilmember Castaneda seconded the
motion, and it carried 5-0.
PUBLIC COMMENTS (Continued)
Mayor Padilla recognized Mike Kim. attorney for the Otay Ranch V Community Association,
and offered him an opportunity to summarize his prior discussion under Public Comments. Mr.
Kim spoke regarding a letter from Ms. Donna Jones threatening litigation against the City. He
stated, for the record, that the Chapel had already contractually agreed to hold the City harmless
with regards to any issues concerning the permit application, specifically citing the development
permit processing agreement dated July IS, 2005, Condition 2.1. Mr. Kim also stated that
Government Code Section 65033 provides that it is the policy of the State of California that
planning issues go through public hearings.
At 9:29 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment
Agency meeting. The Council meeting reconvened at 9:33 p.m. with all members present.
Page 12 - COWlcil Minutes
http://www.chulavistaca.gov
September 19. 2006
5-25
ATTACHMENT .3
liance Stud
Date: 9/29/2006
Sto s on Lane Avenue at Mackenzie Creek Road
/~',,,,,.,
liant ,
46
3
Bus Users
On: 1
Off: 3
*Observation: Issue with Border Patrol driveway when making a left turn in and out.
12/4/2006
Bus Users
On: 1
Off: 3
J:lEngineerfTRAFFIC/NEIGHBORHOOD TRAFFIC CALMING/Mackenzie Creek
5-26
RESOLUTION NO.
RESOLUTION ESTABLISffiNG A PERMANENT ALL-
WAY STOP CONTROL AT THE INTERSECTION OF
LANE AVENUE AND MACKENZIE CREEK ROAD
WHEREAS, residents of Rolling Hills Ranch community residing adjacent to
Lane Avenue between Proctor Valley Road and Mackenzie Creek Road, requested all-
way stop control be implemented at the intersection of Lane Avenue and Mackenzie
Creek Road to increase pedestrians' safety and to reduce speeding on Lane Avenue; and
WHEREAS, the City Council on September 19, 2006 directed staff to install an
all-way stop control at this intersection as a "trial traffic control device;" and
WHEREAS, per the Council direction, trial all-way stop control was installed in
September of 2006, and staff has performed all-way stop compliance studies and found
that the majority of motorists obey the newly installed all-way stop control; and
WHEREAS, the Safety Commission at their monthly meeting of May 10,2007
concurred with staff's recommendation to make the existing trial all-way stop control a
permanent traffic control measure,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista concurs with City staff and the Safety Commission recommendation, and
approves the all-way stop control at the intersection of Lane Avenue and Mackenzie
Creek Road as a permanent traffic control measure.
Presented by
Approved as to form by
Scott Tulloch
City Engineer
H:\ENGINEERIRESOS\Resos2007\07-1 0-07\A WS Lane _ MacKenzie. doc
5-27
CITY COUNCIL
AGENDA STATEMENT
,$}\~ CrTYOF
.Ah (HUlA VISTA
JULY 10, 2007, Item~
ITEM TITLE:
RESOLUTION NO. MAINTAINING THE EXISTING
CITY INVESTMENT POLICY AND GUIDELINES
DIRECTOR OF FINANCEITREASURER I"'" ~/'4IL-
CITY MANAGE~
4/5THS VOTE: YES D NO ~
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
Per California Government Code Section 53646, the City Treasurer may annually
present the City's Investment Policy to the City Council to reaffirm or make any
changes to the existing policy. The current Policy was recently submitted to the
Association of Public Treasurers United States and Canada (APT-US&C) for
certification in their award program and will receive the Certificate of Excellence
Award at their annual conference in August 2007.
The Investment Policy provides guidelines for the investment of its idle funds.
The Policy affords the City various investment opportunities, as long as the
investment is deemed prudent under the Prudent Person Rule and is allowable
under the current legislation of the State of California Government Code Section
53600 et. seq. The Policy's guidelines emphasize the importance of safety and
liquidity first. The yield on the City's investment portfolio is secondary to these
first two objectives.
RECOMMENDATION
That Council adopt Resolution
Guidelines.
maintaining the existing Investment Policy and
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The City's Investment Policy and Guidelines adopted on June 13, 2006 by
Resolution 2006-176 is intended to provide direction for the prudent investment of
6-1
,
JULY 10,2007, Item_
Page 2 of2
temporarily idle cash, and for maximizing the efficiency of the cash management
process. The stated goal is to enhance the economic condition of the City while
ensuring the safety of funds invested. The policy includes a list of specific
investment instruments available under the relevant California Govemment Code
provisions, 53600 et. seq. Each investment transaction is made in the context of
first ensuring the "safety" of principal, second, investing only for that timeframe that
the cash is not needed for operational purposes ("liquidity"), and last seeking the
highest return possible ("yield") provided that the first two factors are met.
It is recommended that the existing Policy be re-adopted as is. The Policy, which
was amended in 2005 to include additional information as required to meet the
APT-US&C certification standards, will be receiving the APT-US&C Investment
Policy Certificate of Excellence Award at their annual conference in August 2007.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined
that it is not site specific and consequently the 500 foot rule found in California
Code of Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
There is no direct fiscal impact by this action.
ATTACHMENTS
APT-US&C Investment Policy Certification
City of Chula Vista Investment Policy and Guidelines
Prepared by: Nadine Mandery, Treasury Manager. Finance Department
6-2
~
00
Association of Public Treasurer's of
UNITED STATES & CANADA
Investment Policy Certification
May 16,2007
City of Chula Vista, CA
Maria Kachadoorian, Director of FinancefTreasurer
276 Fourth Avenue
Chula Vista, CA 91910
Dear Ms. Kachadoorian:
Re: Investment Policy Certification Approval
Congratulations on your successful completion of the Investment Policy Certification
process through the Association of Public Treasurer's-United States & Canada.
A team comprised of three (3) reviewers from the Investment Policy Certification
Committee reviewed your Investment Policy and have now approved your municipalities
policy for the APT -US&C Investment Policy Certificate of Excellence Award.
You are invited to attend the APT -US&C Annual Conference being held in San Diego,
CA this year (2007) to receive your plaque. Your plaque will be presented by the
President of APT -US&C and the Investment Policy Certification Chairman. You will
receive further information about the annual conference in the upcoming months
Once again, congratulations on ajob well done and creating an excellent policy and
attaining this award.
~
Dennis 1. Habedank
Investment Policy Certification Chairman
dhabedank@garfield-twp.com
6-3
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
1.0 Purpose: ...................................................................................................................................2
2.0 Po licy: ....................................................................................................................................... 2
3.0 Scope: ....................................................................................................................................... 2
4.0 Prudence: ................................................................................................................................. 2
5.0 Objective: ................................................................................................................................. 3
6.0 Delegation of Authority:......................................................................................................... 4
7.0 Ethics and Conflicts of Interest: ............................................................................................ 4
8.0 Authorized Financial Dealers and Institutions: ................................................................... 4
9.0 Authorized & Suitable Investments: ..................................................................................... 5
10.0 Portfolio Adjustments: ......................................................................................................... 8
11.0 C ollateralization: ................................................................................................................... 8
12.0 Safekeeping and Custody: .................................................................................................... 8
13.0 Diversification: ...................................................................................................................... 9
14.0 Maximum Maturities: .......................................................................................................... 9
15.0 Internal Control: ...................................................................................................................9
16.0 Performance Standards: .................................................................................................... 10
17.0 Reporting: ............................................................................................................................ 11
18.0 Investment Policy Adoption:..............................................................................................11
GLOSSARy................................................................................................................................. 12
6-4
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
1.0 Purpose:
This "Investment Policy and Guidelines" (the "Investment Policy") Policy is intended to provide
guidelines for the prudent investment of the City of Chula Vista's (the "City") cash balances, and
outline policies to assist in maximizing the efficiency of the City's cash management system,
while meeting the daily cash flow demands of the City.
2.0 Policy:
The investment practices and policies of the City of Chula Vista are based upon state law and
prudent money management. The primary goals of these practices are:
A. To ensure compliance with all Federal, State, and local laws governing the investment of
public funds under the control of the Director of Finance/Treasurer.
B. To protect the principal monies entrusted to the City's Finance Department.
C. Achieve a reasonable rate of return within the parameters of prudent risk management while
minimizing the potential for capital losses arising from market changes or issuer default.
3.0 Scope:
This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in
3.1 below. These funds are accounted for in the City's Comprehensive Annual Financial Report.
3.1 Funds:
The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City
Treasury for all funds, except for the employee's retirement funds, which are administered
separately, and those funds which are managed separately by trustees appointed under indenture
agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of
this cash as close as possible to 100%. These funds are described in the City's annual fmancial
report and include:
. General Fund
. Special Revenue Funds
. Capital Project Funds
. Enterprise Funds
. Trust and Agency Funds
. Any new fund created by the legislative body, unless specifically exempted
This Investment Policy applies to all transactions involving the financial assets and related
activity of the foregoing funds.
4.0 Prudence:
6-5
CITY OF CHULA VISTA
INVESTMENT POLICY AND GillDELINES
The standard of prudence to be used by the Director of Finance/Treasurer shall be the "prudent
investor standard". This shall be applied in the context of managing an overall portfolio.
The "prudent investor standard" is applied to local agencies, pursuant to California
Government Code Section 53600.3 which provides, in pertinent part:
" ... all governing bodies of local agencies or persons authorized to make
investment decisions on behalf of those local agencies investing public funds
pursuant to this chapter are trustees and therefore fiduciaries subject to the
prudent investor standard. When investing, reinvesting, purchasing, acquiring,
exchanging, selling, or managing public funds, a trustee shall act with care, skill,
prudence, and diligence under the circumstances then prevailing, including, but
not limited to, the general economic conditions and the anticipated needs of the
agency, that a prudent person acting in a like capacity and familiarity with those
matters would use in the conduct of funds of a like character and with like aims,
to safeguard the principal and maintain the liquidity needs of the agency. ..."
4.1 Personal Responsibility:
The Director of Finance/Treasurer, Assistant Director of Finance and Treasury Manager as
investment officers acting in accordance with written procedures and the Investment Policy and
exercising due diligence, shall be relieved of personal responsibility for an individual security's
credit risk or market price changes, provided deviations from expectations are reported to the
City Council in a timely fashion and appropriate action is taken to control adverse developments.
5.0 Objective:
Consistent with this aim, investments are made under the terms and conditions of California
Government Code Section 53600, et seq. Criteria for selecting investments and the absolute
order of priority are:
5.1 Safety:
Safety of principal is the foremost objective of the investment program. Investments of the City
of Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in
the overall portfolio. To attain this objective, diversification is required in order that potential
losses on individual securities do not exceed the income generated from the remainder of the
portfolio.
5.2 Liquidity:
The City of Chula Vista's investment portfolio will remain sufficiently liquid to enable the City
to meet all operating requirements which might be reasonably anticipated and to maintain
compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of
principal.
5.3 Return on Investments:
6-6
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
The City of Chula Vista's investment portfolio shaIl be designed with the objective of attaining a
market-average rate of return throughout budgetary and economic cycles (market interest rates),
within the City's Investment Policy's risk parameters and the City's cash flow needs. See also
Section 16.1.
6.0 Delegation of Authority:
The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall
establish a system of controls to regulate the activities of subordinate officials. The
responsibility for the day-to-day investment of City funds wiII be delegated to the Treasury
Manager under the general direction of the Assistant Director of Finance.
7.0 Ethics and Conflicts ofInterest:
In addition to state and local statutes relating to conflicts of interest, all persons involved in the
investment process shall refrain from personal business activity that could conflict with proper
execution of the investment program, or which could impair their ability to make impartial
investment decisions. Employees and investment officers are required to file annual disclosure
statements as required for "public officials who manage public investments" [as defined and
required by the Political Reform Act and related regulations, including Government Code
Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California's
Fair Political Practices Commission (FPPC)].
8.0 Authorized Financial Dealers and Institutions:
The City's Director of Finance/Treasurer wiII maintain a list of the fmancial institutions and
brokers/dealers authorized to provide investment and depository services and wiII perform an
annual review of the fmancial condition and registrations of qualified bidders and require annual
audited financial statements to be on file for each company. The City wiII utilize Moody's
Securities or other such services to determine financially sound institutions with which to do
business. The City shall annually send a copy of the current Investment Policy to all financial
institutions and brokers/dealers approved to do business with the City.
As far as possible, all money belonging to, or in the custody of, a local agency, including money
paid to the City's Director of Finance/Treasurer or other official to pay the principal, interest, or
penalties of bonds, shall be deposited for safekeeping in state or national banks, savings
associations, federal associations, credit unions, or federally insured industrial loan companies in
this state selected by the City's Director of Finance/Treasurer; or may be invested in the
investments set forth in Section 9.0. To be eligible to receive local agency money, a bank,
savings association, federal association, or federally insured industrial loan company shall have
received an overall rating of not less than "satisfactory" in its most recent evaluation by the
appropriate federal financial supervisory agency of its record of meeting the credit needs of
California's communities, including low- and moderate-income neighborhoods.
6-7
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
To provide for the optimum yield in the investment of City funds, the City's investment
procedures shall encourage competitive bidding on transactions from approved brokers/dealers.
In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer
must be a "primary" dealer or regional dealer that qualifies under Securities and Exchange
Commission Rule l5C3-l (Uniform Net Capital Rule); (ii)the dealer's institution must have an
office in California; (iii)the dealer must be experienced in institutional trading practices and
familiar with the California Government Code as related to investments appropriate for the City;
and (iv) all other applicable criteria, as may be established in the investment procedures. All
brokers/dealers and financial institutions who desire to become qualified bidders for investment
transactions must submit a "BrokerlDealer Application" and related documents relative to
eligibility including a current audited annual fmancial statement, U4 form for the broker, proof
of state registration, proof of National Association of Securities Dealers certification and a
certification of having read and understood the City's Investment Policy and agreeing to comply
with the Investment Policy. The City's Director of Finance/Treasurer shall determine if they are
adequately capitalized (i.e. minimum capital requirements of $10,000,000 and five years of
operation).
9.0 Authorized & Suitable Investments:
The City is authorized by California Government Code Section 53600, et. seq., to invest in
specific types of securities. Investments not specifically listed below are deemed inappropriate
and prohibited:
A. BANKERS' ACCEPTANCES, maximum 25% of portfolio (up to 40% with Council
approval). Maximum term 180 days.
Banks must have a short term rating of at least AVPl and a long-term rating of A or higher as
provided by Moody's Investors Service or Standard and Poor's Corp. No more than 30% of
the agency's money may be invested in the bankers' acceptances of anyone commercial bank
pursuant to this section.
B. NEGOTIABLE CERTIFICATES OF DEPOSIT, maximum 30% of portfolio. Maximum
term 3 years, (Up to 5 years with Council approval).
Banks must have a short term rating of Al/Pl and a long term rating of at least a single A
from a nationally recognized authority on ratings.
C. COMMERCIAL PAPER, maximum 25% of portfolio. Maximum term 270 days.
Commercial paper of prime quality of the highest ranking or of the highest letter and number
rating as provided for by Moody's Investor Services, Standard & Poor's and Fitch Financial
Services. The issuing corporation must be organized and operating within the United States,
with total assets in excess of $500 million and shall issue debt, other than commercial paper,
that is rated "A" or higher by Moody's, S&P and Fitch. Split ratings (i.e. Al/Pl) are not
allowable. No more than 10% of the outstanding commercial paper of any single corporate
issue may be purchased.
6-8
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF
CALIFORNIA.
Bonds must have an "A" rating or better from a nationally recognized authority on ratings.
E. OBLIGATIONS OF THE UNITED STATES TREASURY
United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which
the faith and credit of the United States are pledged for the payment of principal and interest.
There is no limit on the percentage of the portfolio that can be invested in this category.
F. FEDERAL AGENCIES
Debt instruments issued by agencies of the Federal government. Though not general
obligations of the U.S. Treasury, such securities are sponsored by the government or related
to the government and, therefore, have high safety ratings. The following are authorized
Federal Intermediate Credit Bank (FICB). Federal Land Bank (FLB), Federal Home Loan
Bank (FHLB), Federal National Mortgage Association (FNMA), Federal Home Loan
Mortgage Corporation (FHLMC), Government National Mortgage Association (GNMA),
Tennessee Valley Authorities (TV A). Student Loan Association Notes (SLMA) and Small
Business Administration (SBA). There is no limit on the percentage of the portfolio that can
be invested in this category.
G. REPURCHASE AGREEMENT, maximum term 3 months.
Investments in repurchase agreements may be made, on any investment authorized in this
section, when the term of the agreement does not exceed 3 months. A Master Repurchase
Agreement must be signed with the bank or broker/dealer who is selling the securities to the
City.
H. REVERSE-REPURCHASE AGREEMENTS (Requires Council approval for each
transaction)
Reverse repurchase agreements or securities lending agreements may be utilized only when
all of the following conditions are met:
a) The security to be sold on reverse repurchase agreement or securities lending
agreement has been owned and fully paid for by the local agency for a minimum
000 days prior to sale.
b) The total of all reverse repurchase agreements and securities lending agreements
on investments owned by the local agency does not exceed 20% of the base value
of the portfolio.
c) The agreement does not exceed a term of 92 days, unless the agreement includes a
written codicil guaranteeing a minimum eaming or spread for the entire period
between the sale of a security using a reverse repurchase agreement or securities
lending agreement and the final maturity date of the same security.
d) Funds obtained or funds within the pool of an equivalent amount to that obtained
from selling a security to a counter party by way of a reverse repurchase
agreement or securities lending agreement, shall not be used to purchase another
security with a maturity longer than 92 days from the initial settlement date of the
reverse repurchase agreement or securities lending agreement, unless the reverse
repurchase agreement or securities lending agreement includes a written codicil
6-9
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
guaranteeing a minimum earning or spread for the entire period between the sale
of a security using a reverse repurchase agreement or securities lending agreement
and the final maturity date of the same security. Investments in reverse
repurchase agreements, securities lending agreements, or similar investments in
which the local agency sells securities prior to purchase with a simultaneous
agreement to repurchase the security shall only be made with primary dealers of
the Federal Reserve Bank of New York or with a nationally or state-chartered
bank that has or has had a significant banking relationship with a local agency.
e) For purposes of this chapter, "significant banking relationship" means any of the
following activities of a bank:
i. Involvement in the creation, sale, purchase, or retirement of a local
agency's bonds, warrants, notes, or other evidence of indebtedness.
11. Financing of a local agency's activities.
111. Acceptance of a local agency's securities or funds as deposits.
I. MEDIUM-TERM CORPORATE NOTES, maximum 20% of portfolio (30% with Council
approval), with a maximum remaining maturity of five years or less.
Notes eligible for investment shall be "A" rated or its equivalent or better as determined by a
nationally recognized rating service.
J. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit.)
Maximum of 3 years.
Deposits must be made with banks or savings & loan that have a short term rating of AlIPI or
a long term rating of at least a single A from a generally recognized authority on ratings.
K. OBLIGATIONS OF THE STATE OF CALIFORNIA
Obligations must be "A" rated or better from a nationally recognized authority on ratings.
L. MONEY MARKET FUNDS, maximum 15% of portfolio. (Requires Council approval for
each transaction)
No more than 10% of the agency's surplus funds may be invested in shares of beneficial
interest of anyone Money Market fund. Local agencies may invest in "shares of beneficial
interest" issued by diversified management companies which invest only in direct obligations
in U.S. Treasury bills, notes and bonds, and repurchase agreements with a weighted average
of 60 days or less. They must have the highest rating from two national rating agencies, must
maintain a daily principal per share value of $1.00 per share and distribute interest monthly,
and must have a minimum of $500 million in assets under management. The purchase price
of the shares may not include commission.
M. THE LOCAL AGENCY INVESTMENT FUND (LAIF)
LAIF is a special fund of the California State Treasury through which any local government
may pool investments. The City may invest up to $40 million in this fund. Currently, the
City has established two (2) agency funds through which the Director of Finance/Treasurer
may invest the unexpended cash for all funds: The City of Chula Vista City Fund, and the
6-10
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
Chula Vista Redevelopment Agency Fund. Investments in LAIF are highly liquid and may
be converted to cash within 24 hours.
9.1 Investment Pools:
The City's Director of Finance/Treasurer or designee shall be required to investigate all local
government investment pools and money market mutual funds prior to investing and performing
at least a quarterly review thereafter while the City is invested in the pool or the money market
fund. LAIF is authorized under provisions in Section 16429.1 of the California Government
Code as an allowable investment for local agencies even though some of the individual
investments of the pool are not allowed as a direct investment by a local agency.
10.0 Portfolio Adjustments:
Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an
incident such as fluctuation in portfolio size, the affected securities may be held to maturity to
avoid losses. When no loss is indicated, the Director of Finance/Treasurer shall consider
reconstructing the portfolio basing his or her decision on the expected length of time the
portfolio will be unbalanced. If this occurs, the City Council shall be notified.
11.0 Collateralization:
Under provisions of the California Government Code, California banks, and savings and loan
associations are required to secure the City's deposits by pledging government securities with a
value of 110 % of principal and accrued interest. California law also allows financial institutions
to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the
City's total deposits. Collateral will always be held by an independent third party. A clearly
marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained.
The market value of securities that underlay a repurchase agreement shall be valued at 102% or
greater of the funds borrowed against those securities and the value shall be adjusted no less than
quarterly. Since the market value of the underlying securities is subject to daily market
fluctuations, the investments in repurchase agreements shall be in compliance if the value of the
underlying securities is brought back up to 102% no later than the next business day. The
Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for
deposits that are fully insured up to $100,000 by the Federal Deposit Insurance Corporation. The
right of collateral substitution is granted.
12.0 Safekeeping and Custody:
All City investments shall identifY the City of Chula Vista as the registered owner, and all
interest and principal payments and withdrawals shall indicate the City of Chula Vista as the
payee. All securities shall be safe kept with the City itself or with a qualified financial
institution, contracted by the City as a third party. All agreements and statements will be subject
to review annually by external auditors in conjunction with their audit. In the event that the City
has a financial institution hold the securities, a separate custodial agreement shall be required.
All securities shall be acquired by the safekeeping institution on a "Delivery-Vs-Payment"
6-11
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
(DVP) basis. For Repurchase Agreements, the purchase may be delivered by book entry,
physical delivery or by third-party custodial agreement consistent with the Government Code.
The transfer of securities to the counter party bank's customer book entry account may be used
for book entry delivery.
13.0 Diversification:
The City's investment portfolio will be diversified to avoid incurring unreasonable and avoidable
risks associated with concentrating investments in specific security types, maturity segment, or in
individual financial institutions. With the exception of U.S. Treasury securities and authorized
pools, no more than 60% of the total investment portfolio will be invested in a single security
type or with a single financial institution. In addition, no more than 10% of the investment
portfolio shall be in securities of anyone issuer except for U.S. Treasuries and U.S. Government
Agency issues.
A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be
mitigated by investing in those securities with an "A" or above rating and approved in the
Investment Policy and by diversifying the investment portfolio so that the failure of anyone
issuer would not unduly harm the City's cash flow.
B. Market risk, defined as the risk of market value fluctuations due to overall changes in the
general level of interest rates, shall be mitigated by structuring the portfolio so that securities
mature at the same time that major cash outflows occur, thus eliminating the need to sell
securities prior to their maturity. It is explicitly recognized herein, however, that in a
diversified portfolio, occasional measured losses are inevitable and must be considered
within the context of overall investment return. The City's investment portfolio will remain
sufficiently liquid to enable the City to meet all operating requirements which might be
reasonably anticipated.
14.0 Maximum Maturities:
To the extent possible, the City will attempt to match its investments with anticipated cash flow
requirements. Unless matched to a specific cash flow, the City will not directly invest in
securities maturing more than five (5) years from the date of purchase, unless, the legislative
body has granted express authority to make that investment either specifically, or as a part of an
investment program approved by the City Council.
15.0 Internal Control:
The Director of Finance/Treasurer shall establish a system of internal controls designed to
prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, or
unanticipated market changes. No investment personnel may engage in an investment
6-12
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
transaction except as provided for under the terms of this Investment Policy and the procedure
established by the Director of Finance/Treasurer.
The external auditors shall annually review the investments with respect to the Investment
Policy. This review will provide internal control by assuring compliance with policies and
procedures for the investments that are selected for testing. Additionally, account reconciliation
and verification of general ledger balances relating to the purchasing or maturing of investments
and allocation of investments to fund balances shall be performed by the Finance Department
and approved by the Director of Finance/Treasurer. To provide further protection of City funds,
written procedures prohibit the wiring of any City funds without the authorization of at least two
of the following four designated City staff:
I. Director of Finance/Treasurer
2. Assistant Director of Finance
3. Treasury Manager
4. Fiscal Operations Manager
16.0 Performance Standards:
This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer
to ensure its consistency with the overall objective of preservation of principal, liquidity, and
return, and its relevance to current law and fmancial and economic trends. All fmancial assets of
all other funds shall be administered in accordance with the provisions of this Investment Policy.
The monies entrusted to the Director of Finance/Treasurer will be held in a passively managed
("hold to maturity") portfolio. However, the Director of Finance/Treasurer will use best efforts
to observe, review, and react to changing conditions that affect the portfolio, and to do so in a
manner that is consistent with this Investment Policy.
16.1 Market Yield (Benchmark):
The investment portfolio shall be managed to attain a market-average rate of return throughout
budgetary and economic cycles, taking into account the City's investment risk constraints and
cash flow. Investment return becomes a consideration only after the basic requirements of
investment safety and liquidity have been met. Because the investment portfolio is designed to
operate on a 'hold-to-maturity' premise (or passive investment style) and because of the safety,
liquidity, and yield priorities, the performance benchmark that will be used to determine whether
market yields are being achieved shall be the average of the monthly LAIF rate and the 12-month
rolling average 2 - Year Constant Maturity Treasury (CMT) rate. While the City will not make
investments for the purpose of trading or speculation as the dominant criterion, the Director of
Finance/Treasurer shall seek to enhance total portfolio return by means of ongoing portfolio and
cash management. The prohibition of highly speculative investments precludes pursuit of gain
or profit through unusual risk and precludes investments primarily directed at gains or profits
from conjectural fluctuations in market prices. The Director of Finance/Treasurer will not
6-13
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
directly pursue any investments that are leveraged or deemed derivative in nature. However, as
long as the original investments can be justified by their ordinary earning power, trading in
response to changes in market value can be used as part of on-going portfolio management.
17.0 Reporting:
The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council
and City Manager following the end of each quarter. This report will include the following
elements:
. Type of investment
. Institutional Issuer
. Purchase Date
. Date of maturity
. Amount of deposit or cost of the investment
. Face value ofthe investment
. Current market value of securities and source of valuation
. Rate of interest
. Interest earnings
. Statement relating the report to its compliance with the Statement of Investment Policy or
the manner in which the portfolio is not in compliance
. Statement on availability of funds to meet the next six month's obligations
. Monthly and Year-to-date Budget Amounts for Interest Income
. Percentage of Portfolio by Investment Type
. Days to Maturity for all Investments
. Comparative report on Monthly Investment Balances & Interest Yields
. Monthly transactions
This quarterly investment report shall be an information item for the City Council and City
Manager. In addition, a commentary on capital markets and economic conditions may be
included with the report.
The Director of Finance/Treasurer shall submit, pursuant to California Government Code 9
53646(g), copies of the quarterly investment reports to the California Debt and Investment
Advisory Commission (CD lAC) for both the second and fourth calendar quarters within sixty
days following the end of the quarter. In addition, the Director of Finance/Treasurer shall submit
to CDIAC a copy of the adopted Investment Policy annually and within sixty days of any
approved amendments or revisions of the Policy.
18.0 Investment Policy Adoption:
By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall
acknowledge the receipt and filing of this annual statement of Investment Policy for the
respective fiscal year.
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CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
GLOSSARY
AGENCIES: Federal agency securities.
ASKED: The price at which securities are offered. (The price at which a firm will sell a security
to an investor.)
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust
company. The accepting institution guarantees payment of the bill, as well as the issuer. The
drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific
merchandise. An acceptance is a high-grade negotiable instrument.
BASIS POINT: One one-hundredth ofa percent (i.e., 0.01 %)
BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a
bid.)
BROKER: A broker brings buyers and sellers together for a commission. He does not take a
position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a
certificate. Large-denomination CDs are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to
raise working capital. These negotiable instruments are purchased at a discount to par value or at
par value with interest bearing. Commercial paper is issued by corporations such as General
Motors Acceptance Corporation, IBM, Bank of America, etc.
COUPON: a). The annual rate of interest that a bond's issuer promises to pay the bondholder
on the bond's face value. b) A certificate attached to a bond evidencing interest due on a
payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery
versus payment and delivery versus receipt. Delivery versus payment is delivery of securities
with an exchange of money for the securities. Delivery versus receipt is delivery of securities
with an exchange of a signed receipt for the securities.
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CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
DISCOUNT: The difference between the cost price of a security and its maturity when quoted
at lower than face value. A security selling below original offering price shortly after sale also is
considered to be at a discount.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at
a discount and redeemed at maturity for full face value (e.g., u.s. Treasury Bills).
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit
to various classes of institutions (e.g., S&Ls, small business firms, students, farmers, farm
cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that
insures bank deposits, currently up to $100,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is
currently pegged by the Federal Reserve though open-market operations.
FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings
and loan associations. The Federal Home Loan Banks playa role analogous to that played by the
Federal Reserve Banks vis-a-vis member commercial banks.
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): Created to promote
the development of a nationwide secondary market in mortgages. It does this by purchasing
residential mortgages from financial institutions insured by an agency of the federal government
and selling its interest in them through mortgage backed securities. The interest and principal
payments from the mortgages pass through to the investors either monthly, semiannually or
annually.
FEDERAL LAND BANK (FLB): Long-term mortgage credit provided to farmers by Federal
Land Banks. These bonds are issued at irregular times for various maturities ranging from a few
months to ten years.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was
chartered under the Federal National Mortgage Association Act in 1938. FNMA is a Federal
corporation working under the auspices of the Department of Housing and Urban Development
(HUD). It is the largest single provider of residential mortgage funds in the United States.
Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The
corporation's purchases include a variety of adjustable mortgages and second loans, in addition
to fixed-rate mortgages. FNMA's securities are highly liquid and are widely accepted. FNMA
assumes and guarantees that all security holders will receive timely payment of principal and
interest.
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CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the
Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of
the New York Federal Reserve Bank is a permanent member, while the other presidents serve on
a rotating basis. The committee periodically meets to set Federal Reserve guidelines regarding
purchases and sales of Government Securities in the open market as a means of influencing the
volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress
and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks
and about 5,700 commercial banks are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINNIE
MAE): Securities influencing the volume of bank credit guaranteed by GNMA and issued by
mortgage bankers, commercial banks, savings and loan associations and other institutions.
Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae
securities are backed by the FHA or V A mortgages. The term "pass-through" is often used to
describe Ginnie Maes.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread
between bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from
political subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The pnce at which a security IS trading and could presumable be
purchased or sold.
MARKET REPURCHASE AGREEMENT: A written contract covering all future
transactions between the parties to repurchase-reverse agreements that establish each party's
rights in the transactions. A master agreement will often specify, among other things, the right
of the buyer-lender to liquidate the underlying securities in the event of default by the seller-
borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial
institution, bank or savings and loan, bought at par value with the promise to pay face value plus
accrued interest at maturity. They are high-grade negotiable instruments, paying a higher
interest rate than regular certificates of deposit.
OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for
an offer).
6-17
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other
securities in the open market by the New York Federal Reserve Bank as directed by the FOMC
in order to influence the volume of money and credit in the economy. Purchases inject reserves
into the bank system and stimulate growth of money and credit: Sales have the opposite effect.
Open market operations are the Federal Reserve's most important and most flexible monetary
Policy tool.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of
market activity and positions and monthly financial statements to the Federal Reserve Bank of
New York and are subject to its informal oversight. Primary dealers include Securities and
Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated
firms.
PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody
state-the so - called "legal list" . In other states, the trustee may invest in a security if it is one that
would be bought by a prudent person of discretion and intelligence who is seeking a reasonable
income and preservation of capital.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its
current market price.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities
to an investor with an agreement to repurchase them at a fixed date. The security "buyer" in
effect lends the "seller" money for the period of the agreement, and the terms of the agreement
are structured to compensate him for this. Dealers use RP extensively to finance their position.
Exception: when the Fed is said to be doing RP, it is lending money that is, increasing bank
reserves.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank's vaults for protection.
STUDENT LOAN ASSOCIATION NOTES (SLMA or SALLIE MAE): A U.S. Corporation
and instrumentality of the U.S. Government. Through its borrowings, funds are targeted for
loans to students in higher education institutions. SLMA securities are highly liquid and are
widely accepted.
SMALL BUSINESS ADMINISTRATION (SBA): The portion of these securities which are
guaranteed by the Federal government to provide financial assistance through direct loans and
loan guarantees to small businesses. Cash flows from these instruments may not be in equal
installments because of prepayments.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues
following the initial distribution.
6-18
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect
investors in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See "Uniform Net Capital Rule".
TENNESSEE VALLEY AUTHORITIES (TV A): A U.S. Corporation created in the 1930s to
electrify the Tennessee Valley area; currently a major utility headquartered in Knoxville,
Tennessee. TV A securities are highly liquid and are widely accepted.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to
finance the national debt. Most bills are issued to mature in three months, six months, or one
year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than
10 years.
TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial
maturities of one year to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage. (a)
Income Yield is obtained by dividing the current dollar income by the current market price for
the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium
above par or plus any discount from par in purchase price, with the adjustment spread over the
period from the date of purchase to the date of maturity of the bond.
6-19
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAINTAINING THE EXISTING CITY
INVESTMENT POLICY AND GUIDELINES
WHEREAS, the City has an existing Investment Policy and Guidelines to provide direction
for the prudent investment of temporarily idle cash; and
WHEREAS, pursuant to California Government Code section 53646, the City Treasurer may
annually present the City's Investment Policy to the City Council for Council's review and approval;
and
WHEREAS, the current Policy was recently submitted to the Association of Public
Treasurers United States and Canada (APT-US&C) for certification in its award program and will
receive the Certificate of Excellence Award at its annual conference in August 2007; and
WHEREAS, City staff recommends maintaining the existing Investment Policy and
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it maintains the existing City Investment Policy and Guidelines, attached to and incorporated
into this Resolution by this reference.
Presented by
Approved as to form by
.~ fL ;:~
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J....AttllIl1Cy\RESQIFINANCE\INVESTMENT POLICY 2007_07-10-07 doc
6-20
CITY COUNCIL
AGENDA STATEMENT
~I~ CIlY OF
ifftj CHUlA VISTA
JULYI0,2007 Item~
SUBMITTED BY:
RESOLUTION A WARDING A PURCHASE
AGREEMENT IN THE AMOUNT OF $553,600 FOR TWO
COMBINATION SEWER CLEANING TRUCKS TO DION
INTERNATIONAL, INC., IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID
6971-05-Z AND PURCHASE ORDER 807191-0
DIRECTOR OF PUBLIC WORKS OPERATIONS #If,(
ACTING ASSISTANT CITY M NAGER ')'1
CITY MANAGER
4/5THS VOTE: YES D NO 0
ITEM TITLE:
REVIEWED BY:
BACKGROUND
The FY 2007-08 Sewer Fund provides for the replacement of two combination sewer
cleaning trucks. The Chula Vista Municipal Code Section 22.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of common usage. The
City has an opportunity to participate in a current City of San Diego bid for favorable
terms and pricing.
ENVIRONMENTAL REVIEW
N/A
RECOMMENDATION
That the City Council approve the Resolution awarding a Purchase Agreement in the
amount of $553,600 for two combination sewer cleaning trucks to Dion International,
Inc., in accordance with the terms and conditions of City of San Diego Bid 6971-05-Z
and Purchase Order 8070191-0.
BOARDS/COMMISSION RECOMMENDATION
N/A
7'/
JULY 10,2007 Item_
Page 2 of2
DISCUSSION
In the past, the City of ChuIa Vista has entered into purchasing agreements with various
agencies for miscellaneous pieces of equipment. The City of San Diego issued a bid
specification, and as a result of the size of the municipality, received favorable terms and
pricing based on potential volume discounts. The City of Chula Vista has an opportunity
to participate in the City of San Diego bid and realize these cost benefits. The two
combination sewer cleaning trucks assigned to the Public Works Operations Department
are being replaced in their normaJ replacement cycle. Placing the order now will save on
the cost, as there is a 20% price increase in August.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
The net total cost including taxes is $553,600. The required funds are available in the
Sewer Fund for the replacement of two combination sewer cleaning trucks.
Prepared by: Jack DickRns, Fleet Manage, Public Works
City of San Diego
PUKCUASE ORDER
PO No. I
380703-0
Ship To: Center ID; 820CHOlLAS
EQUIPMENT DIVISION
Alln: CHOlLAS OPS MS 42
2740 CAMINITO CHOlLAS SITE # 12
SAN DIEGO, CA
92105-5039
Bill To: Center 10: 820CHOLlAS
EQUIPMENT DIVISION
Alln: PAYMENT CENTER MS 42
2740 CAMINITO CHOlLAS
SAN DIEGO, CA
92105-5039
Date: 09/08/05 Page: 1 of 1
OPIS No: P006 380703-0
Billing Contact:
Mark Caraccia
Phone: 6195277561
DION INTERNATIONAL TRUCKS, LLC dba
DION INTERNATIONAL TRUCKS
5255 FEDERAL BLVD
SAN DIEGO, CA 92105-5710
Terms:
Net 30
FOB:
Vendor:
Deliver on or before: 03/25/06
USA
Buyer: Michael Winterberg
Phone: 619533-6441
Vendor 10: 011 00126995
Line #
Phone No: 619 263-2251
Item ID/Descrlptlon
Quantity/UM
3.00 EA
Unit Price
Extended Price
1
TRUCK
Drain Cleaning Truck
Ref. Bid# 6971-05-Z. ItemH I, MFG, International/Vactor equipped
with Exhaust Particulate Trap.
Req No.: R006 804485
$ 260,375.0000 $
781, 125.00
.
Notes: The Terms & Conditions of this Purchase Order are available at htto:/Isandieao.aov/ourchasinal
and are incorporated herewith by reference.
Reso 300756
line Item Total
Tax
Freight
PO Total
$
781,125.00
60,637.19
0.00
841,662.19
$
-", ~
f ....;.-
IMPORTANTI
To ensure prompt payments, PO #
must appear on all shipments and
Invoices; and, all invoices must be
directed to Billing Contact person at
BiII- To address listed above.
eI>""''''',''_'''''")
City of San Diego Purchasing Division 1200 Third Ave. Ste.200 MS 56P San Diego CA 92101-4195
City of San Diego
PRICING AGREEMENT
Bid No.: 6971-05-Z
PANo.1
8070191-0
Ship To: Center 10: 057PURCH Bill To: Center 10: 057PURCH Date: 08/16/05 Page: 1 of 2
PURCHASING PURCHASING Time: 8:03:12AM
SEE ACTUAL POs FOR SPECIFIC BILL-TO AND SEE ACTUAL POS FOR SPECIFIC BILL-TO AND OPIS No.: PA05-8070191-D
SHIP-TO ADDRESSES SHIP-TO ADDRESSES
SAN DIEGO, CA SAN DIEGO, CA Commodity Code: 4212
Last Option End Date: 08/07/10
Vendor: Terms: Net 30
DION INTERNATIONAL TRUCKS, LLC DBA FOB:
Destination
DION INTERNATIONAL TRUCKS Tax Code: T
5255 FEDERAL BLVD
SAN DIEGO, CA 92105-5710 Buyer: Michael Winterberg/~
USA Phone: (619) 533-0441
Fax: (619) 533-3230
Vendor ID: DII 00126995 Phone: (619) 263-2251 Fax: (619) 263-9021 E~Mall: mwinterberg@sandiego.gov
Lim. # !tem IOiDescription Quantity/UJr,; Unit Price Extended Price
This Document is for Contractual Information Only arid is NOT a Purchase Order
Purchase Orders Will be Issued as Needed
1 TRUCK, DRAIN CLEAN 5.00 EA $ 250,375.0000 $ 1,251,875.00
Drain cleaning truck
Mfr. : International/vactor
Del.ivery Time: 270-300 days ARO
Warranty Period: 12 months
Water Tank warranty period: 10 years
Additional. cost per unit to provide and install an exhaust
particulate trap: $10,000.00 only if approved by CARS and if it is
availabl.e.
*2 PUMP, TRASH 5.00 EA y.. 10,953.0000 54,765.00
Additional cost to provide and install a compatible
hydrauli.c pump off system/debris tank trash pump on the drain
-cleaning"truck-1iSbed.in item-l.
Mfr.: International/Vactor
De1ivery time: 270-300 daye ARO.
Warranty period: 12 months
3 COATING, TANK 5.00 EA 3,806.0000 19,030.00
Additiona1 cost to provide and install a compatible debris
tank coating on the drain c1eaning truck 1isted in item 1.
Mfr. : Po1y Bird
De1ivery time: 270-300 days ARO
Warranty period: one year
I()
4 TANK, "YO DEBRIS 5.00 EA -16,231.0000 -81,155.00
Price deduct from unit price of i tam 1 to provide and
install a S-yard debris tank with 1,000 ga110n fresh water system in
1ieu of a IO-yard debris tank with a 1,500 gallon fresh water system,
compatib1e with item 1.
Mfr. : Internationa1/Vactor
Delivery time: 270 to 300 days ARO
Warranty period: 12 months
Notes:
Furnish the City of San Diego with Drain Cleaning Trucks, as may be
Have questions about doin9 business with the City of San Diego? Visit our Purchasing web site at
www.sandieao.aoviourchasina and get all the answers. SEE LAST PAGE
For specific information regarding contract opportunities with the City of San Diego'qase visit our FOR TOTALS
Bid & Contract Opportunities web site at www.sandieoo.aov/bids-contracts. 7-
PA 2555A (Rev. 9-02)
City of San Diego Purchasing DIVISion MS 56P 1200 Third Ave. Ste 200 San DIego CA 92101-4195
City of San Diego
PRICING AGREEMENT
Bid No.: 6971-05-Z
PANo.1
8070191-0
Ship To: Center 10: 057PURCH
PURCHASING
SEE ACTUAL POs FOR SPECIFIC BILL-TO AND
SHIP-TO ADDRESSES
SAN DIEGO, CA
Bill To: Center 10: 057PURCH
PURCHASING
SEE ACTUAL POS FOR SPECIFIC BILL-TO AND
SHIP-TO ADDRESSES
SAN DIEGO, CA
Date: 08116/05
Time: 8:03: 12AM
OPIS No.: PA05-8070191-o
Commodity Code: 4212
Last Option End Date: 08107/10
Page: 2 of 2
DION INTERNATIONAL TRUCKS, LLC DBA
DION INTERNATIONAL TRUCKS
5255 FEDERAL BLVD
SAN DIEGO, CA 92105-5710
Terms: Net 30
FOB:
Destination
Tax Code: T
Vendor:
Vendor 10: 011 00126995
Phone: (619) 263-2251
Fax: (619) 263-9021
Buyer: Michael Winterberg
Phone: (619) 533-6441
Fax: (619) 533-3230
E-Mail: mwinterberg@sandiego.gov
USA
Notes (cont):
required for a period of one (1) year beginning August 8, 2005
through August 7, 2006, with options to renew for four (4) additional
one (1) year periods.
Council Resolution No.: 300756
Options Remaining:
08/08/06 - 08/07/07, Increase not to exceed 20%.
08/08/07 - 08/07/08, Increase not to exceed 20%.
08/08/08 - 08/07/09, Increase not to exceed 20%.
08/08/09 - 08/07/10, Increase not to exceed 20%.
Vendor Contact: William M. Tollefson, Fleet Sales Manager
E-mail: btollefson@diontrucks.com
Insurance and bond shall be upda-ted-n-as -required.
Distribution: File, Vendor, Buyer, OPIS, Kelleher, Kristina Blake
MS 7B, Mark Caroccia MS 42, Robert York MS 902
Have questions about doing business with the City of San Diego? Visit our Purchasing web site at
www.sandieao.aov/ourchasina and get all the answers.
For specific information regarding contract opportunities with the City of San Diego, please visit our
Bid & Contract Opportunities web site at www.sandieao.aov/bids-contracts. 7:"5
Line Item Total $
Tax
Freight
PA Total: $
1,244,515.00
96,449.92
0.00
1,340,964.92
PA 2555A (Rev. 9-02)
City of San Diego Purchasmg DIvISion MS S6P 1200 Third Ave. Ste 200 San Diego CA 92101-4195
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $553,600 FOR TWO COMBINATION SEWER
CLEANING TRUCKS TO DION INTERNATIONAL TRUCKS,
LLC dba DION INTERNATIONAL TRUCKS IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF CITY OF SAN
DIEGO BID 6971-05-Z AND PURCHASE ORDER 807191-0
WHEREAS, Chula Vista Municipal Code section 22.56.140 and Council Resolution
No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage; and
WHEREAS, the City of San Diego issued a bid specification, and as a result ofthe size of the
municipality, received favorable terms and pricing based on potential volume discounts; and
WHEREAS, the City of Chula Vista has on opportunity to participate in the City of San
Diego bid and realize these cost benefits; and
WHEREAS, the two combination sewer cleaning trucks assigned to the Public Works
Operations Department are being replaced in their normal replacement cycle; and
WHEREAS, placing the order now will save on the cost, as there is a 20 percent price
increase in August; and
WHEREAS, the Fiscal Year 2007-08 Sewer Fund provides for the replacement of two
combination sewer cleaning trucks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby award a purchase agreement in the amount of $553,600 for two combination sewer
cleaning trucks to Dion International Trucks, LLC dba Dion International Trucks, in accordance
with the terms and conditions of City of San Diego Bid 6971-05-Z and Purchase Order 807191-0.
Presented by
Approved as to form by
,.)~~(/~
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
J :\Attomey\RESO\AGREEMENTS\Dion Intemational_ 07-10-07 .doc
7~b
CITY COUNCIL
AGENDA STATEMENT
~\~ CIlYOF
'~CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
JULY 10, 2007 Item ~
RESOLUTION ACCEPTING BIDS AND AWARDING
TWO TREE TRIMMING CONTRACTS TOTALING
$107,115 TO PROVIDE TREE TRIMMING SERVICES AND
AUTHORIZING THE PURCHASING AGENT TO RENEW
THE AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (1)
YEAR OPTION PERIODS ~ tJ.
DIRECTOR OF PUBLIC WORKS OPERATIONS \:EfJY FoIZ t1.6~~
ACTING ASSISTANT CIT;~AGER S '/'
CITY MANAGER jJfit:t---
4/5THS VOTE: YES D NO ~
BACKGROUND
Bids to provide multi-year tree trimming services opened on May 10, 2007. Fourteen
(14) Requests for Bid packets were mailed out; two (2) were sent to local contractors, and
staff received a request to send a bid packet to one additional contractor. The bid was
also advertised in the Star News on April 13, 2007. Representatives from eight (8)
companies attended a mandatory pre-bid conference held on April 26, 2007. Five (5)
contractors submitted bids; none of them were from Chula Vista. Staff recommends that
two bidders, Great Scott Tree Service and Aztec Landscaping be awarded the contracts.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class I categorical exemption pursuant to Section 15301 of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
That Council accept bids and award two tree-trimming contracts totaling $107,115 to
Great Scott Tree Service ($33,951) and Aztec Landscaping ($73,164) to provide tree
trimming services and authorizing the Purchasing Agent to renew the agreements for five
(5) additional, one (1) year option periods.
8-1
JULY 10, 2007 Item L
Page 2 00
BOARDS/COMMISSION RECOMMENDATION:
N/A
DISCUSSION
The Purchasing Agent bid the contract so that the contract could be awarded by item,
groups of items, or as a lot, whichever was in the best interest of the City. Each bid was
evaluated to determine which contractor was the lowest bidder. Original bid submittals
are available in the Purchasing Agent's office.
The following tables list the contract amount bid by the low bidder for certain grouped
items.
Table I
Summaty of Great Scott Tree Service's Bid
BID BID
ITEM DESCRIPTION AMOUNT
1. Phoenix dactylifera $ 6,497
2. Phoenix canariensis $27,454
CONTRACT TOTAL $33,951
Table 2
Summary of Aztec Landscaping Bid
BID BID
ITEM DESCRIPTION AMOUNT
3. Broadleaf $73,163.64
CONTRACT TOTAL $73,163.64
The total cost of all items is $107,115. Sufficient funds are available for tree trimming
services in the Public Works Operations' Budget for FY08. To ensure contract
compliance, a 100% performance and payment bond is required. Staff recommends that
two bidders, Great Scott Tree Service and Aztec Landscaping be awarded the contracts.
Pricing is firm for the initial term of the agreement, which is through June 30, 2008.
Thereafter, the agreement may be extended by mutual consent for five (5) additional,
one-year option periods. The maximum allowable price increase for each option period
is 5%.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that this
decision affects the interests of Council members, if any, in substantially the same
manner as it affects the public generally and is, therefore, an exception to the state
conflict of interest provisions pursuant to Cal. Code Regs., tit. 2, sec.18707.1(b)(I)(B)(i))
Further, this action concerns maintenance of existing infrastructure and, therefore, any
8-2
JULY 10,2007 ItemL
Page 3 00
Council member's interest is indirect pursuant to Cal. Code Regs., tit. 2, sec.
18m4.2(b )(2).
FISCAL IMPACT
The total cost for tree trimming services is $107, liS. Sufficient funds are available in the
Public Works Operations FY07/08 Budget.
8-3
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING TWO
TREE TRIMMING CONTRACTS TOTALING $107,115 TO
PROVIDE TREE TRIMMING SERVICES AND AUTHORIZING
THE PURCHASING AGENT TO RENEW THE AGREEMENTS
FOR FIVE (5) ADDITIONAL, ONE (I) YEAR OPTION PERIODS
WHEREAS, the Purchasing Agent bid the contract so that the contract could be awarded by
item, group of items, or as a lot, whichever was in the best interest of the City ofChula Vista; and
WHEREAS, fourteen (14) Requests for Bid packets were mailed out; two (2) were sent to
local contractors, and staff received a request to send a bid packet to one additional contractor; and
WHEREAS, the bid was also advertised in the Star news on April 13, 2007; and
WHEREAS, bids to provide multi-year tree trimming services were opened on May 10,
2007; and
WHEREAS, each bid was evaluated to determine which contractor was the lowest bidder;
and
WHEREAS, WHEREAS, the following tables list the contract amount bid by the low bidder
for certain grouped items; and
Table I
Summary of Great Scott Tree Service's Bid
Bi.d..it Contr9ctnr Rid Amount
I Phoenix dactvlifera $ 6 497
2 Phoenix canariensis $27 454
CONTRACT TOTAL $33.951
Table 2
Summary of Aztec Landscaping Bid
Bi.d..it Contr~u.tnr Rid Amount
3 Broadleaf $73 163.64
CONTRACT TOTAL $73.163.64
8-4
Resolution No. 2007-
Page 2
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act [CEQA] and has determined that the
project qualifies for a Class I categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby accept bids and awards two tree trimming contracts totaling $107,115 to provide tree
trimming service.
BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to renew the
agreements for five (5) additional, one (1) year option periods.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
<\~'l~~fu-~~
Ann Moore
City Attorney
J:\Attomey\RESO\BIDS\Tree Trimming Great Scott_07-10-07.doc
8-5
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
~\'f:. CllY OF
'~CHULA VISTA
JULY 10,2007, Item-B-
PUBLIC HEARING: REGARDING THE PROPOSED
ASSESSMENT OF CERTAIN DELINQUENT SEWER
SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
AND PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL FOR COLLECTION
SUBMITTED BY:
REVIEWED BY:
RESOLUTION NO. ASSESSING CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
DIRECTOR OF FINANCE/TREASURER rlr'" fI\ tL---
CITY MANAGER )J!4
4/5THS VOTE: YES D NO ~
BACKGROUND
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval of liens against affected
properties as a preliminary action to placing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payments will be received on a timely basis. This is the identical process
approved by City Council since August 1998.
RECOMMENDATION
That Council open the public hearing to consider assessing delinquent sewer service
charges as recorded liens on the affected properties, consider all testimony and adopt the
resolution overruling all protests and assessing these charges as liens upon the respective
owner occupied parcels of land.
9-1
JULY 10, 2007, Item~
Page 2 of3
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable
DISCUSSION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for sewer service accounts which are over
sixty days delinquent. At the hearing, the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of the
hearing, the City Council, may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as recorded liens upon the respective
parcels of land, and the amounts are charged to the property owners on the next regular
property tax bill.
In April 2007, City Council approved liens for 253 delinquent sewer service accounts
valued at $87,100 to be forwarded to the County for collection on the next regular
property tax bill. Staff recently identified 326 owner occupied accounts totaling $118,700
as being over 60 days delinquent and through preliminary collection efforts, 85 accounts
have been resolved, and the remaining 241 accounts valued at $97,900 are now being
submitted (listing available at the Finance Department). Many of these property owners
have gone through this lien process previously as they continue to leave their sewer
service accounts unpaid.
These property owners have been notified of their delinquencies within the last 60 days,
and again two weeks ago, they were notified of the public hearing and were asked to pay
their delinquent sewer service charges to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list
as payments are received and accounts are cleared. A final list will be submitted to the
City Council for consideration on the day of the public hearing in order to reflect the
most current payment postings.
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and assessed as
liens on the respective owner occupied parcels of land and ultimately placed on the next
regular tax bill for collection.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the properties which are the subject of this
action.
9-2
JULY 10,2007, ItemL
Page 3 of3
FISCAL IMPACT
By placing delinquent sewer service charges on the property owner's regular tax bill, the
City should realize approximately $225,000 in additional sewer fund revenues for FY06-
07. From this action alone, the City should realize approximately $97,000 in revenues.
ATTACHMENTS
Sewer Delinquency List
Prepared by: Nadine Mandery, Treasury Manager, Finance Department
9-3
07 !O3/2007
Customer Information
38807004
68516601
67133803
67531809
39656900
39656607
74751403
747422011
66756206
37626603
64921402
64923006
65727402
38433007
64239403
373358012
60760201
61525807
41409403
66721805
64542601
37008602
37011004
43557009
61536602
61531805
47527804
83809002
83811804
240126011
465442022
37721005
36817006
61522605
623210014
623182013
757822011
34911402
360066021
360258031
360250029
360062048
360254035
360246046
360074019
Total due
$ 121.84
$ 596.61
$ 454.37
$ 392.14
$ 302.94
$ 369.09
$ 357.05
$ 463.58
$ 622.57
$ 222.24
$ 148.75
$ 157.85
$271.17
$ 1,757.22
$ 426.41
$ 109.91
$ 738.14
$ 490.62
$ 266.25
$ 283.63
$ 236.31
$ 211.19
$ 584.02
$ 189.16
$ 319.06
$ 599.58
$ 566.85
$ 276.76
$ 418.38
$ 494.48
$ 659.99
$ 398.51
$ 248.03
$ 336.79
$ 345.26
$ 484.76
$ 276.76
$ 784.06
$ 360.43
$ 314.32
$ 316.57
$ 295.41
$ 173.51
$285.10
$ 475.79
t)eLlv1Pple", t- 5eWey- . '
C\..cc..cu"t- L\ So J-
~V~
~
~::=-~~
,~~~
(llY OF
(HULA VISTA
Finance Department
Collections Unit
9-4
Customer Information
75717804
39265008
39231407
681398016
68536606
74836004
48122604
43543005
435494010
41648205
376430010
366574020
48324208
366206012
36619400
386530018
64459201
64745003
64539803
46718209
43759400
47727406
419110014
41134208
396398027
39047407
454234015
45423002
621694014
38847803
66748208
66751007
42033803
48336209
61205801
43745405
667106012
60755801
62468602
38027807
69358603
42513800
37307805
60716202
62460203
34725003
43733408
416534013
414138013
75135405
75236202
40217402
6911 0602
66909803
68519403
49617403
47715408
36445805
Total due
$ 176.77
$ 174.60
$ 233.81
$ 398.92
$ 228.27
$ 265.77
$ 302.34
$177.11
$ 124.78
$ 251.74
$ 159.27
$ 568.88
$ 547.83
$ 128.32
$ 469.27
$ 301.63
$ 448.33
$ 323.79
$ 259.80
$ 636.14
$ 435.12
$ 316.64
$ 490.62
$ 109.91
$ 379.65
$ 172.02
$ 334.54
$ 243.92
$ 411.45
$310.58
$ 244.30
$ 535.08
$ 236.80
$ 441.12
$ 253.D7
$ 139.65
$ 693.33
$ 331.54
$ 280.90
$ 219.13
$ 765.40
$ 400.89
$ 429.08
$ 342.12
$ 437.83
$ 200.55
$ 270.14
$ 332.24
$ 228.44
$ 220.08
$ 382.49
$ 109.91
$ 265.30
$ 194.95
$ 327.81
$ 200.27
$ 108.11
$ 415.54
9-5
Customer Information
35559405
68723601
40334604
40325401
42430605
423248015
40317005
34721003
35811402
358454022
412596014
40607804
40427406
677366012
626490018
360570011
67136200
43741805
39725001
471110019
33211 00 11
76152720
364346013
44531406
37316600
37315000
48506605
36641403
42231409
407394018
445346010
68706605
47025002
39612603
39635000
396366015
66715803
40827003
40826604
45123407
63619011
41967809
410374020
470170012
425426022
40834602
47108605
74729003
44713003
67119402
41905404
419074010
419550010
47031005
470242010
445146011
41030203
410306012
Total due
$ 234.27
$ 610.91
$ 134.69
$ 425.57
$ 598.10
$ 173.07
$ 400.91
$ 329.59
$ 335.73
$ 186.36
$ 517.01
$ 158.37
$ 237.97
$ 236.09
$ 257.92
$ 139.11
$ 298.68
$ 302.34
$ 116.64
$ 179.30
$ 222.69
$ 9,679.13
$ 538.37
$ 179.02
$ 139.65
$ 110.92
$ 489.10
$ 406.66
$ 134.69
$ 437.83
$ 260.27
$ 458.03
$ 258.91
$ 724.14
$ 374.85
$ 469.42
$ 726.67
$ 431.09
$ 435.32
$ 848.81
$ 382.87
$ 203.81
$ 244.40
$ 101.02
$ 385.05
$ 181.47
$ 374.34
$ 349.33
$ 564.92
$ 801.10
$ 144.61
$ 235.04
$ 179.30
$ 378.70
$ 253.70
$ 201.42
$ 378.70
$ 219.80
9-6
Customer Information
74737805
416138012
42416606
416122014
42409003
498310013
473078012
47328205
447310020
37817801
447206017
33225401
35558603
36054602
36053801
360534022
36047405
332322017
49046608
496082011
41227809
411102012
413470011
60905804
60912202
41307004
41307402
41958206
419530015
49063008
41456607
40918207
41015403
64309805
709122012
40907406
412616012
69222203
39229406
404094018
40419402
40237804
402498012
40252607
402274011
358730011
69317401
69314607
63229005
60939002
39220604
39223402
46133806
46125008
64326609
329374010
32923005
32922605
Total due
$ 304.97
$ 177.84
$ 224.64
$ 629.91
$ 304.67
$ 242.72
$ 259.56
$ 366.72
$ 582.80
$ 209.43
$ 337.80
$ 333.38
$ 434.13
$ 1,295.98
$ 268.94
$ 384.84
$318.38
$ 716.10
$ 332.24
$ 236.29
$ 485.70
$ 581.74
$ 564.08
$ 212.62
$ 297.95
$ 567.21
$ 533.55
$ 220.45
$ 189.16
$ 323.79
$ 173.90
$ 397.51
$ 251.50
$ 226.02
$ 3,263.53
$ 326.80
$ 187.99
$ 163.67
$ 174.10
$ 507.57
$ 288.19
$ 352.62
$271.17
$ 189.16
$ 179.86
$ 423.83
$ 852.78
$ 390.64
$ 329.97
$ 162.32
$ 447.29
$ 233.81
$ 661.01
$ 371.84
$ 435.32
$ 439.64
$ 388.78
$ 329.77
9-7
Customer Information
64712609
69435801
69556204
65723004
420370014
751430015
752166010
65141008
37818701
75051401
39252602
68523002
39243008
72157805
72157404
66973407
68312604
69405407
69407005
34946606
34947405
36038206
241 Grand Totals
Total due
$ 491.62
$ 689.03
$ 355.54
$ 205.02
$ 214.90
$228.10
$ 443.19
$ 220.45
$ 514.09
$ 303.42
$ 459.33
$ 279.49
$171.41
$ 480.43
$ 279.31
$ 178.75
$ 235.32
$ 754.98
$ 231.43
$ 379.58
$ 434.11
$ 624.44
$ 97,901.25
9-8
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTNE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, Chula Vista Municipal Code section 13.14.150 allows delinquent sewer
service charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
hearing is set for sewer service accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, many of these property owners have gone through this lien process
previously as they continue to leave their sewer service accounts unpaid; and
WHEREAS, these property owners have been notified of their delinquencies within the
last sixty days, were notified of the public hearing and were again asked to pay their delinquent
sewer service charges to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent sewer accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it: (1) conducts the public hearing to consider assessing delinquent sewer service charges as
liens on the affected properties; (2) overrules any and all protests or objections presented at the
public hearing; and (3) approves, with respect to the delinquent account list
9-9
Resolution No.
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
sewer service charges as liens upon the respective parcels of land and the placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to the County.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
'-IL~ /rLLl/.-:J~
Ann Moore
City Attorney
J:\Altomey\RESO\SEWER\Delinquent Sewer Service Charges_07-1 0-07.DOC
9-10
CITY COUNCIL
AGENDA STATEMENT
~\~ em OF
.~~ CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
JULY 10,2007, Item--1Q
PUBLIC HEARING: REGARDING THE PROPOSED
ASSESSMENT OF CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND
PLACEMENT OF DELINQUENT CHARGES OF THE NEXT
REGULAR TAX BILL FOR COLLECTION
RESOLUTION NO. ASSESSING CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS
OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
DIRECTOR OF FINANCE/TREASURER fJ fA- MIL
CITY MANAGER
4/STHS VOTE: YES D NO [KJ
BACKGROUND
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a regular basis since 2001.
RECOMMENDATION
That Council open the public hearing to consider assessing delinquent solid waste service
charges as recorded liens on the affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these charges as liens upon the respective
parcels ofland.
10-1
JULY 10, 2007, Item 10
Page 2 of3
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable
DISCUSSION
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair share of the costs of this program, the ordinance allows delinquent solid waste
service charges to be assessed as recorded liens upon the affected properties and
ultimately placed on the property tax bills for collection. The ordinance states that upon
notification of the property owners, a public hearing is set for solid waste service
accounts that are over ninety days delinquent. At the hearing the City Council considers
the delinquent accounts together with any objections or protests by interested parties. At
the conclusion of the hearing, the City Council, may either approve the delinquency and
amount owed on the accounts as submitted or as modified or corrected by the City
Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded
liens upon the respective parcels of land, and the amounts are charged to the property
owners on the next regular property tax bill. As these amounts are collected, the monies
are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late
charges.
In April 2007, City Council approved 555 delinquent accounts valued at $75,000 to be
placed on the property tax bills for collection. Since then, Allied Waste Services has
identified and submitted an additional 1,082 delinquent accounts valued at over $102,300
to the city for collection. Through the City's preliminary collection efforts, 826 accounts
have been resolved, and the remaining 256 accounts valued at $26,700 are now being
submitted (listing available at the Finance Department). The account status and property
ownership on these accounts have been verified by both Allied Waste and City staff.
Many of these delinquent accounts have gone through the lien process before as they
continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past due
notices sent by Allied Waste until they were ultimately submitted to the City for
collection. City staff sent out past due letters within the past 60 days, and again two
weeks ago, these property owners were notified of the public hearing and were asked to
pay their delinquent solid waste service charges prior to transmittal of the delinquent
account list to the County to avoid a lien being placed on their property. City staff has
been working with Allied Waste to resolve any customer disputes as they arise and
payment arrangements have been set up as needed. Staff will continue to update this list
as payments are received and accounts are cleared. A final list will be submitted to the
City Council for consideration on the day of the public hearing in order to reflect the
most current payment postings.
Staff is recommending that the City Council approve the [mal list of delinquent solid
waste accounts as submitted, and that these charges be forwarded to the County and
10-2
JULY 10, 2007, 1tem~
Page 3 of3
assessed as recorded liens on the respective parcels of land and ultimately placed on the
next regular tax bill for collection.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the properties which are the subject of this
action.
FISCAL IMPACT
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, the City should realize a total of approximately $50,000 in Franchise
Fees, AB939 Fees and late charges for FY 06-07.
From this action alone, the City should realize approximately $4,800 in revenues with
$21,900 being forwarded to Allied Waste Services.
ATTACHMENTS
Solid Waste Delinquent Account List
Prepared by: Nadine Mandery, Treasury Manager, Finance Department
10-3
July 02, 2007
Account
97127
176242
175462
60193
98564
180317
156750
154734
131166
182991
10812
184775
162207
184696
175446
167530
176501
184428
92947
150083
171424
37125
163362
180206
164334
184429
180098
150323
102246
184658
146849
133664
168253
152709
89150
185189
\)?ltn~ uuJ- Tf'cI~h
I1ccvulI.t- us{-
~{f?
:~_:
- - --
~~~~
-~-:...~
erlY OF
CHUlA VISTA
Finance DeDartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$135.56
$78.52
$120.65
$96.90
$92.87
$103.95
$155.74
$92.87
$103.95
$103.96
$92.87
$126.09
$92.87
$173.63
$92.87
$78.52
$131.76
$113.60
$77.77
$96.90
$72.44
$68.64
$92.87
$71.44
$116.16
$92.98
$1 03.95
$107.98
$92.87
$119.03
$107.98
$92.06
$92.87
$92.87
$92.87
$109.49
10-4
July 02, 2007
Account
184615
185075
35211
183909
182264
182537
140399
166012
1662n
111814
118038
175450
184108
148746
132324
184701
145534
145348
128014
169463
94068
73112
183761
176616
114633
174996
180378
1n006
166912
185142
171308
170611
146137
184227
185067
184733
~~~
:- ~- :
-----
~----~
- - - -
CllY OF
CHUlA VISTA
Finance Deoartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$108.26
$124.53
$68.25
$162.04
$103.95
$103.95
$126.00
$127.98
$103.40
$92.87
$124.83
$114.91
$96.90
$107.98
$78.78
$162.04
$107.98
$96.89
$78.52
$96.89
$295.85
$30.46
$102.60
$71.54
$92.87
$96.15
$120.33
$103.57
$92.87
$10.00
$103.93
$181.93
$92.87
$155.99
$97.52
$1 B3.08
10-5
July 02. 2007
Account
130084
113101
165882
22557
100242
93285
156336
143253
35819
94816
155790
183870
167502
153759
185025
23239
184918
182267
147677
171676
122722
164731
134417
168450
10439
134051
184828
182348
30603
173767
141340
147117
147107
15052
116622
83262
~V~
~
"if~-~~
CllY OF
CHULA VISTA
Finance Deoartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$96.90
$92.87
$106.55
$118.94
$96.90
$92.87
$103.95
$107.98
$107.98
$92.87
$107.98
$149.55
$81.75
$92.87
$128.08
$91.96
$86.83
$112.87
$30.50
$107.98
$92.87
$92.13
$131.01
$103.95
$94.99
$78.52
$90.56
$92.87
$166.32
$103.95
$9.99
$124.25
$103.95
$30.50
$137.98
$96.90
10-6
July 02, 2007
Account
177929
181672
104938
169741
34079
7582
171502
120567
109786
94014
163260
175366
183877
177125
171706
97732
165175
158710
127933
165983
141077
178206
128483
170167
141951
147622
168334
184917
141575
185204
94050
137571
16456
168369
183965
146299
~ {It.-
~
~~~~
~- ~~
CllY OF
CHULA VISTA
Finance DeDartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$92.87
$1 07.98
$103.95
$92.87
$64.21
$0.30
$116.90
$92.87
$92.87
$92.93
$111.25
$119.76
$158.54
$103.95
$92.87
$94.20
$92.87
$113.16
$92.86
$92.87
$96.89
$92.87
$92.87
$112.01
$107.98
$85.79
$108.32
$103.95
$92.84
$92.87
$93.03
$92.87
$92.87
$92.87
$122.32
$122.24
10-7
July 02, 2007
Account
26622
133665
180412
176208
163129
143609
184518
182573
176676
170798
173593
34126
174372
153138
184986
175800
146802
144104
34612
71246
177849
79844
185231
184464
165960
182287
134799
119032
182637
143130
139994
98147
184331
18296
132291
155266
~{f?-
~
.--------
- - --
~- ~--
erlY OF
CHUIA VISTA
Finance Deoartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$92.87
$107.98
$92.87
$107.98
$142.87
$92.87
$137.88
$103.95
$91.92
$92.87
$92.87
$96.90
$130.02
$92.87
$120.84
$1 07.98
$223.80
$107.98
$92.87
$123.95
$92.87
$130.03
$120.07
$114.62
$107.98
$109.02
$96.67
$96.90
$92.87
$123.43
$148.03
$103.95
$55.30
$78.52
$96.10
$107.98
10-8
July 02, 2007
Account
184937
184653
155263
165114
161702
161697
165396
131627
183992
148482
101637
59569
157525
165920
154499
80270
132334
121146
182932
183922
150244
167947
82667
151965
171238
64m
116544
123465
172259
177921
169490
151472
146340
174349
155035
184706
~V?-
=~-~
~~~~
CllY OF
CHUIA VISTA
Finance DeDartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$108.47
$120.00
$107.98
$107.98
$78.52
$92.87
$98.09
$1 07.98
$139.80
$92.87
$103.95
$103.95
$15.60
$96.54
$103.95
$92.87
$130.03
$145.35
$102.56
$186.26
$98.90
$103.95
$96.10
$92.87
$74.64
$151.84
$92.86
$107.98
$112.87
$96.90
$107.98
$96.24
$92.87
$103.61
$56.99
$125.92
10-9
July 02, 2007
Account
134772
118831
155338
108377
177978
168802
25222
21061
177893
132024
183932
141915
159761
159788
161099
177992
20372
117293
66691
62745
177697
147859
180840
23114
181619
173805
20548
184245
132824
169525
160495
66388
171785
131573
145837
134331
~~ft-
~
~~~.;F"
CllY OF
CHULA VISTA
Finance DeDartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$92.87
$106.77
$135.19
$118.94
$95.45
$96.89
$92.13
$96.90
$107.98
$96.89
$140.80
$67.90
$92.87
$130.02
$130.02
$103.95
$98.90
$93.61
$126.00
$118.06
$96.90
$92.87
$93.61
$92.86
$112.87
$103.36
$98.90
$124.07
$112.01
$118.94
$130.14
$92.86
$103.95
$130.02
$92.86
$92.87
10-10
July 02, 2007
Account
185063
147886
162355
153964
Total Due:
~V?-
:- 4!t~ -=
~ - --
'~~--~
~- ~~
CllY OF
CHULA VISfA
Finance DeDartment
Collections Unit
Accounts With Notice Of Public Hearing Sent
Balance Due
$90.39
$96.90
$98.79
$177.90
$26,742.19 No 01 Accounts:
256
10-11
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, in November 1998, the City Council amended Municipal Code section 8.24
to eliminate suspension of solid waste service for nonpayment; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the
affected properties and ultimately placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification to the property owners, a public
hearing is set for solid waste service accounts that are over ninety days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Allied Waste and City staff; and
WHEREAS, property owners were notified of their delinquencies through a series of past
due notices sent by Allied Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified the property owners of the public hearing and these owners
were asked to pay their delinquent solid waste service charges prior to transmittal of the
delinquent account list to the County to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent solid waste accounts, as submitted, and that these charges be forwarded to the County
and assessed as record liens on the respective parcels of land and ultimately placed on the next
regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it: (1) conducts the public hearing to consider assessing delinquent solid waste service
charges as liens on the affected properties; (2) ovemlles any and all protests or objections
presented at the public hearing; and (3) approves, with respect to the delinquent account list
10-12
Resolution No. 2007-
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
solid waste service charges as liens upon the respective parcels of land and the placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to the County.
Presented by
Approved as to form by
~~/L~
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J:\Attorney\RESO\SOLID W ASTE\Delinquent Solid Waste Charges_07-10-07.DOC
10-13
CITY COUNCIL
AGENDA STATEMENT
~ 'If:. CITY OF
:~CHULA VISTA
7/10/07,Item~
ITEM TITLE:
PUBLIC HEARING TO CONSIDER WAIVING MINOR
IRREGULARITIES ON THE BID RECEIVED FOR THE
"DRAINAGE IMPROVEMENTS, EMERSON STREET IN THE
CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-133)"
PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION WAIVING IRREGULARITIES,
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"DRAINAGE IMPROVEMENTS, EMERSON STREET IN THE
CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-133)"
PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF
$1,911,070.00
RESOLUTION AUTHORIZING AN INTERPROJECT
TRANSFER FROM EXISTING CAPITAL IMPROVEMENT
PROJECT DR-l20 "DRAINAGE IMPROVEMENTS, WEST AND
EAST OF SECOND A VENUE, NORTH OF "H" STREET," AND
CAPITAL IMPROVEMENT PROJECT DR-160 "F STREET
DRAINAGE FACILITIES", TO THE "DRAINAGE
IMPROVEMENTS, EMERSON STREET DR-133 IN THE
AMOUNT OF $163,526.00 TO COMPLETE THE PROJECT AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
DIRECTOR OF GENERAL SERVICES ~y
ACTING ASSISTANT CITY MANAGER S-r
CITY MANAGER
4/5THS VOTE: YES [;g] NO D
BACKGROUND
On Wednesday, June 13, 2007 at 2:00 p.m, the Director of General Services received nine (9)
sealed bids for the "Drainage Improvements, Emerson Street in the City of Chula Vista,
California (CIP No. DR-133)" project. This project provides for the construction of a drainage
facility from Elm A venue north of Emerson Street to Naples Street, between Fifth A venue and
Weisser Way in the City ofChula Vista. The work also includes all labor, material, equipment,
transportation, protection of existing improvements and traffic control necessary for the proj ect.
11-1
7/10/07, Item / I
Page 2 of5
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-07-010
in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study, the Environmental Review Coordinator has determined that the project could result
in significant effects on the environment. However, revisions to the project made by or agreed to
by the applicant would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur; therefore, the Environmental Review Coordinator has prepared a
Mitigated Negative Declaration, IS-07-010.
RECOMMENDATION
I. Council conduct the public hearing.
2. Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
This project provides for the construction of a drainage facility from Elm Avenue north of
Emerson Street to Naples Street, between Fifth Avenue and Weisser Way in the City of Chula
Vista. The project will install approximately 3,040 linear feet of new storm drain infrastructure.
A plat has been provided for Council's viewing (see Attachment 1). The general scope of the
project involves all labor, material, equipment, tools, transportation, mobilization, traffic control,
removal and disposal of existing improvements, and other work necessary to construct the
project in accordance with City standards.
PROJECT BID RESULTS
The City of Chula Vista's General Services Department and the consultant firm of Cvaldo
Corporation prepared the plans, contract documents and technical specification for "Drainage
Improvements, Emerson Street in the City of Chula Vista, California (CIP No. DR-133)" project.
City staff also prepared and advertised the proj ect for bidding.
On June 13, 2007, General Services staff received and opened bids from nine (9) contractors.
The lowest responsive bidder for the project was based on the contractor who submitted all
required documents detailed in the contract documents and who submitted the lowest base bid
for the proj ect construction.
CONTRACTOR BID AMOUNT
1. Burtech Pineline, Inc. - Encinitas, CA $1,911,070
2. Bonita Pipeline, Inc. - National City, CA $2,049,269
3. S.c. Vallev Enlrineerinll, Inc. - EI Caion, CA $2,197,557
4. Bert W. Salas, Inc. - Santee, CA $2,240,020
5. MJC Construction - Bonita, CA $2,280,191
6. Metropolitan Construction - Bonita, CA $2,585,056
7. Zondiros Corooration - San Marcos, CA $2,607,930
8. EI Caion Gradinll & Enlrineerinll Companv, Inc. - Lakeside, CA $2,943,435
9. Cass Construction, Inc. - EI Cajon, CA Non-responsive
ll-Z
7/10/07, Item~
Page 3 of 5
Staff discovered a discrepancy with Burtech Pipeline's grand total bid amount. The amount
submitted was $1,911,070. The corrected grand total was $1,911,320 a difference of$250. This
amount is insignificant when compared to the second lowest bidder's base bid of $2,049,269,
which would cost the City additional funds of $138,199 to complete the project. City Charter
Section 1009 states, "The City Council may waive any defects in any bid to the extent it finds at
a public hearing held for that purpose that it is necessary to do so for the benefit of the public."
The public hearing for these items was held tonight and staffs recommendation of this action
would benefit the City. Should Council reject staffs recommendation, the project cost's would
increase and the schedule would be adversely impacted.
The apparent lowest bid by Burtech Pipeline, Inc. is less than 1% above the Engineer's estimate
of $1,900,000. The Engineer's estimate was based on average prices for similar types of work
completed during the last two years. References provided by the contractor have been reviewed
and their work record found to be satisfactory. The Contractor's license is current. After
reviewing the low bid, staff recommends awarding a $1,911,070 contract to Burtech Pipeline,
Inc., California.
Approval of the second resolution will authorize an inter-project transfer and authorize City staff
to expend all available funds and increase the value of the contract as necessary due to
unforeseen circumstances. Unforeseen circumstances may cause an increase in quantities
beyond what was anticipated during the preparation of the project specifications. Due to the age
of Emerson Street, "unforeseen circumstances" may occur during the removal of the existing
storm drains and excavation occurring within the street. Field conditions could also differ from
the proposed improvement plans and specifications. As a result, additional material may be
required to rehabilitate the project site which could lead to possible "Change Orders" to the
contract. This is a typical situation with all storm drain projects built in this area. According to
City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order
aggregate amount allowable to be approved by the Director of Public Works Operations, City
Council approval is required. Under said City Council Policy the amount would be $118,554.
However, approval of tonight's resolution will increase the Director of Public Works Operations'
authority to approve change orders as necessary up to the contingency amount of $286,661. If
this money is not used during construction, the unexpended funds will be redistributed back to
the appropriate original funding source.
DISCLOSURE STATEMENT
Attached is a copy ofthe contractor's Disclosure Statement (Attachment 2).
STAFF COSTS
As part of an ongoing program to correct drainage through Emerson Street, staff sought the
expertise of an Engineering firm to help resolve the difficult utility issues. With the aid of a
consulting firm, the City was able to bring in new ideas and allocate staffs time to other projects
by acquiring design assistance from CV ALDO Corporation. CV ALDO Corporation completed
the design of the storm drain through Emerson Street and, after review of CV ALDO's design;
staff was able to advertise the project. Said firm is one of three that have an on-call contract with
the General Services Department for engineering consulting matters.
11-3
7/10/07, ItemL
Page 4 of 5
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
At this time, staff recommends awarding the contract in the amount of $1,911,070 to Burtech
Pipeline, Inc. for the construction of the capital improvement project DR-133 and transfer funds
from existing projects necessary to complete the project. With the transfer of $163,526 the
project will be adequately funded. Staff, with the approval of tonight's resolution, will have the
authority to expend all available funds and increase the value of the contract as necessary due to
unforeseen circumstances. Any unexpended funds will be returned to the appropriate funding
source. In addition, a Staff Resource Implementation Summary has been provided as
Attachment 3.
FUNDS REQillRED FOR PROJECT
Contract Amount $1,911,070
Contingencies (15% of contact amount) $286,661
Total Hard Cost (T.H.C) $2,197,731
Consultants and Staff Time Cost
Consultant Staff Time Total % ofT.H.C.
Survey Work $42,000 $167,527 $209,527 9.53%
Design/Construction Management $120,000 $150,168 $270,168 12.29%
Construction Inspection $0 $120,000 $120,000 5.46%
Environmental $38,322 $37,000 $75,322 3.43%
Engineering $0 $19,453 $19,453 0.89%
Right of Way $0 $61,000 $61,000 2.78%
Public Works Operations $0 $8,125 $8,125 0.37%
City Attomey/Finance/GIS $0 $1,000 $1,000 0.05%
Soil Testing and Study $0 $30,000 $30,000 1.37%
Permits and Other Project Cost
Permit Fees (State of California) $1,600
County's Recorder $1,850
Title Reports $1,275
Land Bank Mitigation Purchase $15,000
Property Owner's Compensation $64,000
Miscellaneous (pest Control, Messenger, Notary, Etc.) $1,000
Total Soft Cost $794,595
TOTAL $2,992,326
11-4
7/10/07, Item~
Page 5 of5
FUNDS AVAILABLE FOR PROJECT
A Capital Improvement ProjectlFiscal Agent $593,214
B. Residential Construction Tax (RCT) $333,000
Storm Drain Fees $3,879
Gas Tax $36,440
Community Block Grant (CDBG) $1,862,267
Interproject Transfer From DR 120 $85,265
(Storm Drain Rev - $13,213; CIP/Fiscal Agent $67,797; Ref $4,255)
Interoroject Tranfer From DR 160 ( CIPlFiscal Agent) $78,261
TOTAL $2,992,326
There is no impact to the General Fund as the funds for these improvements have been provided
for as part of the Western Chula Vista Infrastructure Financing Program as well as from
Residential Construction Tax, Storm Drain Fees, Gas Tax, and Community Development Block
Act Funds. Upon completion of the project, the improvements will require only routine
maintenance.
ATTACHMENTS
Attachment 1 - Project Area Plat
Attachment 2 - Contractor Disclosure Statement
Attachment 3 - Staff Resource Implementation Summary
Prepared by: Roberto Yano, Sr. Civil Engineer, General Services Department
M:\General ServiceslGS Administration\Council Agenda\DR133 Emerson Drainage ImprovementslDR133.a113 ry 061407.doc
11-5
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06-19-07 OF I SHTS.
05/31/2007 01158157 PH PDT
CITY OF CHULA VISTA
DRAINAGE IMPROVEMENTS
EMERSON STREET
11-6
NOT TO SALE
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PROJECT FILE JDR-IJJ
PREPARED BY:
CESAR V. MAGBUHA T
APPROVED BY:
ROBERTO YANO
ATTACHMENT 2
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1.
List the names of all pers~ financial interest in the property that is the subject of the
application or the contrac~applicant, contractor, subcontractor, material supplier.
D~l\'~c.0- ~~
2.
If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
tV/A
3. Ifany person' identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
t::>/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Oon\\1) fc -:1. e.~r+-e(h
5.
Has any person' associated with this contract had any financial dealings with an official" otthe
City ofChula Vista as it relates to this contract \vithin the past 12 months? Yes_ NoL
49
11-7
If Yes, briefly describe the nature of the financial interest the official" may have in this
con tract.
tJ (A
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No ~Yes _ If yes, which Council member?
7.
Have you provided more than $340 (oran item of equivalent value) to an official" of the City
of ChuIa Vista in the past twelve (12) months? (This includes being a source of income, money
to retire a legal debt, gift, loan, etc.) Yes _ No V
HYes, which official"" and what was the nature of item provided?
l)ate:~
8u.rt-t:.olo P;Tx-hN. ll'l c.o'Po~-f:l
Print or type name of ContractorfApplicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group Or combination acting as a
unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
50
11-8
,-;
ATIACHMENT ~
STAFF RESOURCE IMPLEMENTATION
Project:
DRAINAGE IMPROVEMENTS, EMERSON STREET IN THE CITY OF
CHULA VISTA, CALIFORNIA (CIP NO. DR-133)
This project provides for the construction of a drainage facility from Elm Avenue north of
Emerson Street to Naples Street, between Fifth Avenue and Weisser Way in the City ofChula
Vista. The project will install approximately 3,040 linear feet of new storm drain infrastructure.
1) Project Management $150.168
Budget: The budget is first analyzed for contractibility from design to construction. Staff
time for design, survey, right-of-way, environmental processing and others. This budgent
is monitored continually and documented for future Staff time refinement.
Department Coordination
Environmental: Coordinate with Environmental group to obtain permits from
Army Core of Engineers and California Regional Water Quality Control
Board (401 Certification). In addition, Land Bank Mitigation credits have
been purchased.
Right of Way: Coordination of 15 easements through the project length for the
construction of project.
Construction Survey: Identify infrastructure and digitized information,
determine limits of properties, create plats and legal descriptions & quality
control (QC).
Construction Inspection: Conference for different construct ability methods &
QC and Quality Assurance.
Traffic Engineering Coordination: Sample traffic control and detour discussed
Public Works Operations: Discussed future maintenance of proposed facilities
Processing/Council Agenda preparation: This project involved City ordinance research
and coordination with City attorneys.
Utilities Company Coordination: Coordination with Utility Companies to eliminate
infrastructure conflict with utility facilities.
Sweetwater Authority:
Identify utility conflict.
San Diego Gas and Electric:
Location of utilities services: Identify utility conflict and impacts.
Identify utilities services adjustments: Coordinate new requirements
Relocation of utilities services: Resolved facilities relocatio.n.
AT&T:
Location of utilities services: Identify utility conflict and impacts.
Identify utilities services adjustments: Coordinate new requirements
Relocation of utilities services: Resolved facilities relocation.
11-9
Cox Cable San Diego, Inc:
Location of utilities services: Identify conflict.
Identify utilities services adjustments: Coordinate new requirements
Relocation of utilities services: Resolved facilities relocation.
2) Desil!Il $120.000
Improvement Plans: The City puts lots of effort in the creation of improvements plans
because they are the means to transfer information from the office to the field Contractor
and City staff. In addition improvement plans become contract documents between the
Contractor and the City. In this case, a consultant was used because of workload issues.
Specification: Special instructions to the Contractor are written and public safety and
utilities protection is written in to specification. Quality Control is cheeked for construct
ability. These Specifications also become the contract documents between the Contractor
and the City. The specification defme the materials to be used, installation procedures,
quantities, pay items and test to be performed for each improvement.
Analysis of Survey Points: Survey crew is sent out to gather data to physical locations
of existing improvements. These points are tied to real world coordinate systems.
Base Drawing Creation: With the survey points, existing infrastructure is laid out.
Research is conducted to identify the infrastructure of both seen and unseen facilities.
Often times, pot holing is done to verify underground facilities.
Street Centerline Alignment and Profile: In order to locate proposed improvements,
street centerline alignment is created to identify a common reference point for everything
(existing and proposed infrastructure) indicated on the plan sheets will be associated with
this alignment.
Proposed Storm Drain Alignment and Profile: With the existing improvements and
limitations to design standard, a new proposed alignment is created. From this alignment
the Storm Drain profile is created and analyzed for functionality.
Utilities Relocation Verification: Location of new utilities and conflicts with City's
proposed improvements are investigated.
Pedestrian Ramp (2) ProfIle: two pedestrian ramps are design to meet ADA standards
and existing improvements
Storm Drain Study: Documentation of analysis is written for project record keeping.
Modification and design criteria are detailed. Because of the magnitude and complexity
of the improvements a detail study was performed for the design storm. Based on this
study, correct sizes and slopes were determined for the proposed improvements. In
addition, said study identified further improvements needed within the vicinity. Said
improvements will be proposed as future eIP projects.
11-10
r;
ATTACHMENT ....:6
STAFF RESOURCE IMPLEMENTATION
Project:
DRAINAGE IMPROVEMENTS, EMERSON STREET IN THE CITY OF
CHULA VISTA, CALIFORNIA (CIP NO. DR-l33)
This project provides for the construction of a drainage facility from Elm A venue north of
Emerson Street to Naples Street, between Fifth Avenue and Weisser Way in the City ofChula
Vista. The project will install approximately 3,040 linear feet of new storm drain infrastructure.
1) Project Management $150.168
Budget: The budget is first analyzed for contractibility from design to construction. Staff
time for design, survey, right-of-way, environmental processing and others. This budgent
is monitored continually and documented for future Staff time refinement.
Department Coordination
Environmental: Coordinate with Environmental group to obtain permits from
Army Core of Engineers and California Regional Water Quality Control
Board (401 Certification). In addition, Land Bank Mitigation credits have
been purchased.
Right of Way: Coordination of 15 easements through the project length for the
construction of project.
Construction Survey: Identify infrastructure and digitized information,
determine limits of properties, create plats and legal descriptions & quality
control (QC).
Construction Inspection: Conference for different construct ability methods &
QC and Quality Assurance.
Traffic Engineering Coordination: Sample traffic control and detour discussed
Public Works Operations: Discussed future maintenance of proposed facilities
Processing/Council Agenda preparation: This project involved City ordinance research
and coordination with City attorneys.
Utilities Company Coordination: Coordination with Utility Companies to eliminate
infrastructure conflict with utility facilities.
Sweetwater Authority:
Identify utility conflict.
San Diego Gas and Electric:
Location of utilities services: Identify utility conflict and impacts.
Identify utilities services adjustments: Coordinate new requirements
Relocation of utilities services: Resolved facilities relocation.
AT&T:
Location of utilities services: Identify utility conflict and impacts.
Identify utilities services adjustments: Coordinate new requirements
Relocation of utilities services: Resolved facilities relocation.
11-11
Cox Cable San Diego, Inc:
Location of utilities services: Identify conflict.
Identify utilities services adjustments: Coordinate new requirements
Relocation of utilities services: Resolved facilities relocation.
2) Desim $120,000
Improvement Plans: The City puts lots of effort in the creation of improvements plans
because they are the means to transfer information from the office to the field Contractor
and City staff. In addition improvement plans become contract documents between the
Contractor and the City. In this case, a consultant was used because of workload issues.
Specification: Special instructions to the Contractor are written and public safety and
utilities protection is written in to specification. Quality Control is cheeked for construct
ability. These Specifications also become the contract documents between the Contractor
and the City. The specification define the materials to be used, installation procedures,
quantities, pay items and test to be performed for each improvement.
Analysis of Survey Points: Survey crew is sent out to gather data to physical locations
of existing improvements. These points are tied to real world coordinate systems.
Base Drawing Creation: With the survey points, existing infrastructure is laid out.
Research is conducted to identify the infrastructure of both seen and unseen facilities.
Often times, pot holing is done to verify underground facilities.
Street Centerline Alignment and Profile: In order to locate proposed improvements,
street centerline alignment is created to identify a common reference point for everything
(existing and proposed infrastructure) indicated on the plan sheets will be associated with
this alignment.
Proposed Storm Drain Alignment and Profile: With the existing improvements and
limitations to design standard, a new proposed alignment is created. From this alignment
the Storm Drain profile is created and analyzed for functionality.
Utilities Relocation Verification: Location of new utilities and conflicts with City's
proposed improvements are investigated.
Pedestrian Ramp (2) Profile: two pedestrian ramps are design to meet ADA standards
and existing improvements
Storm Drain Study: Documentation of analysis is written for project record keeping.
Modification and design criteria are detailed. Because of the magnitude and complexity
of the improvements a detail study was performed for the design storm. Based on this
study, correct sizes and slopes were determined for the proposed improvements. In
addition, said study identified further improvements needed within the vicinity. Said
improvements will be proposed as future CIP projects.
11-12
RESOLUTION NO. 2007-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING CONTRACT FOR THE "DRAINAGE
IMPROVEMENTS, EMERSON STREET IN THE CITY OF
CHULA VISTA, CALIFORNIA (CIP NO. DR-133)" PROJECT
TO BURTECH PIPELINE, INe. IN THE AMOUNT OF
$1,911,070.00
WHEREAS, City staff and the consultant firm of Cvaldo Corporation prepared the plans,
contract documents and technical specification for the "Drainage Improvements, Emerson Street
in the City ofChula Vista, California (CIP No. DR-133)" project and advertised the project; and
WHEREAS, On June 13,2007, the Director of General Services received nine (9) sealed
bids for the "Drainage Improvements, Emerson Street in the City of Chula Vista, California (CIP
No. DR-133)" project; and
WHEREAS, Section 1009 of the City Carter allow the City to waive minor irregularities
if the irregularities will benefit the City of Chula Vista; and
WHEREAS, Burtech Pipeline, Inc. made a minor error of $250.00 in their submitted bid
of $1,911,070.00 and Burtech Pipeline, Inc. is less than 1% above the Engineer's estimate of
$1,900,000.00; and
WHEREAS, the next lowest bidder, Bonita Pipeline, Inc. will not benefit the City and
will cost an additional $138,199.00 to construct the "Drainage Improvements, Emerson Street in
the City ofChula Vista, California (CIP No. DR-133)" project; and
WHEREAS, staff recommends waiving irregularity of Burtech Pipeline, Inc. and award
the "Drainage Improvements, Emerson Street in the City of Chula Vista, California (CIP No.
DR-133)" project to Burtech Pipeline, Inc. in the amount of$I,911,070.00; and
WHEREAS, staff has verified the references provided by the contractor and their work
has been satisfactory; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has conducted an
Initial Study, IS-07-010 in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has determined that
the project could result in significant effects on the environment. However, revisions to the
project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a
point where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-07-01O.
J:\AnomeyIRESO\FINANCE\DRlJJ _ Resol_07-10-07.doc
11-13
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive irregularities, accept bids and award contract for the "Drainage
Improvements, Emerson Street in the City ofChula Vista, California (CIP No. DR-133)" Project
to Burtech Pipeline, Inc. in the amount of$I,911,070.00.
Presented by
Approved as to form by
~\\~~~~
Ann Moore
City Attorney
Jack Griffin
Director of General Services
J:\AllomeyIRESO\FINANCE\DRIJ3 - Resol_07-tO-07.dac
11-14
RESOLUTION NO. 2007-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AN INTERPROJECT
TRANSFER FROM EXISTING CAPITAL IMPROVEMENT
PROJECT DR-120 "DRAINAGE IMPROVEMENTS, WEST
AND EAST OF SECOND A VENUE, NORTH OF "H" STREET,"
AND CAPITAL IMPROVEMENT PROJECT DR-160 "F
STREET DRAINAGE FACILITIES", TO THE "DRAINAGE
IMPROVEMENTS, EMERSON STREET DR-133 IN THE
AMOUNT OF $163,526.00 TO COMPLETE THE PROJECT
AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
WHEREAS, City staff and the consultant firm of Cva1do Corporation prepared the plans,
contract documents and technical specification project for "Drainage Improvements, Emerson
Street in the City ofChula Vista, California (CIP No. DR-133)"; and
WHEREAS, unforeseen circumstances may cause an increase in quantities beyol'ld what
is anticipated during preparation of the project specification and all underground projects have a
level of risk due to the unknown challenges that could be encountered under the surface; and
WHEREAS, staff recommends an interproject transfer from existing Capital
Improvement Project DR-l20 "Drainage Improvements, West and East of Second Avenue,
North ofH Street," and Capital Improvement Project DR-160 "F Street Drainage Facilities" to
the "Drainage Improvements, Emerson Street in the City of Chula Vista, California (CIP No.
DR-133)" in the amount of$163,526 to complete the project; and
WHEREAS, the Capital improvement project DRI20 "Drainage Improvements, West
and East of Second Avenue, North ofH Street" has sufficient funds to transfer $85,265.00, and
capital improvement project DR-160 "F Street Drainage Facilities" has sufficient funds to
transfer $78,261.00 to the "Drainage Improvements, Emerson Street in the City of Chula Vista,
California (CIP No. DR-133)"; and
WHEREAS, this resolution will increase the Director of Public Works Operations'
authority to approve change orders as necessary and authorize the expenditure of all available
funds in the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize an interproject transfer from existing capital improvement project
DR-l20 "Drainage Improvements, West and East of Second Avenue, North of"H" Street," and
Capital Improvement Project DR-160 "F Street Drainage Facilities", to the "Drainage
Improvements, Emerson Street DR-133 in the amount of $163,526.00 to complete the project
and authorize the expenditure of all available funds in the project.,
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~<).'K\\\\\~{~'\\.
Ann Moore
City Attorney
J:\Attomey\RESO\FINANCE\DRI33. Rcso 2_07-IO-07.doc
11-15
CITY COUNCIL
AGENDA STATEMENT
~l'f:. CITY OF
:mgCHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
7/10/07, Item J-:z,
PUBLIC HEARING TO CONSIDER AMENDMENT TO THE
MASTER FEE SCHEDULE TO ADJUST EXISTING FEES FOR
ANIMAL SHELTER SERVICES TO INCLUDE MICROCHIPPING AS
PART OF THE ANIMAL ADOPTION FEES
RESOLUTION AMENDING THE MASTER FEE
SCHEDULE TO ADJUST EXISTING FEES FOR ANIMAL SHELTER
SERVICES TO INCLUDE MICROCHIPPING AS PART OF THE
ANIMAL ADOPTION FEES
RESOLUTION AMENDING THE FY08 SUPPLIES
AND SERVICES BUDGET OF THE ANIMAL CARE FACILITY AND
APPROPRIATING FUNDS FOR THE MICROCHIPPING PROGRAM
DIRECTOR OF GENERAL SERVICES~r
-
ACTING ASSIST ANT CITY ER '7)
CITY MANAGER 4J
4/5THS VOTE: YES IZI NO D
BACKGROUND
The purpose of this report is to adjust adoption fees at the Chula Vista Animal Care Facility,
(CV ACF). The adjusted fee will be for the inclusion of a mandatory microchip as part of the animal
adoption fee. The new fee wiIl be effective immediately upon approval by the Council.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project"
as defined under Section 15378 of the State CEQA Guidelines because is does not involve a physical
change to the environment; therefore, pursuant to Section 15063[c][3] of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
1. Council approve resolution amending the Master Fee Schedule to adjust existing fees for
Animal Shelter services to include microchipping as part of the animal adoption fees.
2. Council approve resolution amending the FY08 Supplies and Services budget of the Animal
Care Facility and appropriating $10,000 funds for the microchipping program.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
12-1
7/10/07, Item--'---.
Page 2 on
DISCUSSION
The City of Chula Vista has been providing animal control services since 1923. As the City of
Chula Vista continues to grow, the number of stray and unwanted animals that enter the CV ACF
also increases. In calendar year 2006, 9,800 animals entered the CV ACF. This represents a 6%
increase over the previous year. If this trend continues, it is anticipated that 10,400 animals will
enter the CV ACF in 2007. Only 30% of stray animals that enter CV ACF are reunited with their
owners.
The City of Chula Vista established an optional microchipping service at the CV ACF on March
16, 2004. The public that adopts a pet from the CV ACF may choose to purchase a microchip at
the time of adoption for an additional fee of $15.00. The public may also have their own pet
microchipped at the CV ACF for the same fee. According to shelter records, approximately 30%
of the nearly 3,000 animals adopted annually receive optional microchips.
Microchips are electronically implanted devices with a unique identification number that is
linked to the pet owner's contact information. The placement ofa microchip vastly enhances the
ability of Animal Control agencies across the nation to reunite lost pets with their owners. Some
municipalities, most recently, Los Angeles County, have implemented mandatory microchipping
programs for all owned pets, in an attempt to curb the overcrowding in county animal shelters
(Attachment 3).
CV ACF current adoption fees are $5.00 for rabbits, $50.00 for cats, and $60.00 for dogs. The
services provided for these fees are spay/neuter surgery, I-year free license for dogs, and basic
vaccination. k/icrochips are not ine/tlded in the ctlrrent adoptionfter.
The proposed fee adjustment will include a mandatory microchip incorporated into the adoption
fee for all pets adopted from the CV ACF. All public and private shelters and adoption agencies
in San Diego, with the exception of Coronado, have mandatory microchips included in the
adoption fees (Attachment 2). Microchipping of all adopted animals will ensure that over 3,000
adopted animals/year can be reunited with their owners if lost and will help alleviate shelter
overcrowding.
Current countywide adoption fees range between $50.00 - $150.00 for cat adoptions, and $60.00
-$185.00 for dog adoptions. The proposed fees below will bring CV ACF adoption services and
fees closer to the municipal shelters in San Diego County, and still well below the private
agencies in the county.
This resolution proposes to include mandatory microchipping incorporated into adoption fees
and change the master fee schedule as follows:
DOGS CATS RABBITS LIVESTOCK OTHER
Adoption
Altered S6G $7f S>G 1M $>1217 $30 $5
Unaltered $<W 155 $<W Iff ~U17 $30 $5
Neuter Deposit $40 $40
Spay Deposit $40 $40
Rabies Shot Deposit $8 N/A
Microchip fee of $15.00 for owned animals will remain the same.
12-2
7/l 0/07, Item I J-
Page 3 of3
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
The cost of microchips is $5.00 each that would be offset by the increased adoption fees if
microchip services becomes mandatory as described in this item. It is estimated that an excess of
$10,000 in increased revenues will be realized once the microchip services become mandatory
which will be a positive impact to the General Fund. In an effort to accurately capture the costs
of the program, at this time, staff is recommending amending the FY08 Supplies and Services
budget of the Animal Care Facility, appropriating $10,000 in Other Commodities for the
microchip program which will be offset with anticipated increased revenues in excess of that
amount.
ATTACHMENTS
1. Chapter Ill, pg. 9 of Master Fee Schedule
2. Fees Comparison
3. Los Angeles County Microchip Flier
Prepared by: Dr. YorA; Animal Con/rol Manager. Genera/ Sen-kes Dept.
M:\General Services\GS Administration\Council Agenda\ACF\Microchip amendment rev4.doc
12-3
CHAPTER III I
ATTACHMENT
Animal Control
A. DOG LICENSES
1. Purchase
a. For license expiring one year from date of issue
1) Altered $12.00
2) unaltered $25.00
b. For license expiring three years from date of issue
1) Altered $23.00
2) unaltered $50.00
Any dog license issued pursuant to this section shall be issued for one-half the
fees required herein above for any dog if a certificate from a licensed veterinarian
is presented or an affidavit is received stating that the dog has been spayed or
neutered. For all licenses, the license period cannot exceed the expiration date of
the rabies vaccination.
2. Penalty for Late Application/Payment
The penalty authorized to be collected for late payment shall be $3.00.
3. License Replacement
a. Processing fee in person - $2.00
b. Processing fee by mail- $3.00
4. License Transfer
The fee for all types of dog license transfers shall be $5.00
5. Microchip Service
a. $15 to implant chip in dogs/cats
[Resolution 2004-083, effective 03/16/04]
B. SALE OF DOGS, CATS AND OTHER ANIMALS
1. Shelter Adoptions
DOGS CATS RABBITS LIVESTOCK OTHER
Adoption
Altered $iiQ $75 $W $65 ~$20 $30 $5
Unaltered $4G $55 $4G $55 ~$40 $30 $5
Neuter Deposit $40 $40
Spay Deposit $40 $40
Rabies Shot Deposit $8 N/A
Master Fee Schedule Page 9
Part I - General
Chapter III - Animal Control
12-4
ATTACHMENT. Z
FEES COMPARISON
Microchip Fee
Dog Adoption Cat Adoption included in Microchip
Al!ency Fee Fee Adoption Fee Mandatory
City of Chula Vista $60 $50 No No
City of Coronado $120 $50 Do not offer No
microchips.
Licenses
mandatory for
cats and do gs
City of E1 Cajon $60incl. $50 incl. Yes Yes
spay/neuter spay/neuter
$30 over 8 yrs $30 over 8 yrs
County of San Diego $69 incl. $58 incl Yes Yes
spay/neuter spay/neuter
$35 7+ yr $35 7+ yr
(Price increase in (Price increase
process at this in process at this
time for all time for all
County shelters) County shelters)
Escondido Human $150 puppies up $150 kitten up to Yes Yes
Society to 6 mo 6mo
$1006mo-7yr $1006 mo-7 yr
$55 7+ yr $35 7+ yr
Helen Woodward $195 puppies $135 kittens No Yes
$185 dogs $90 cats $25 microchip
incl. spay/neuter incl. spay/neuter
San Diego Humane $150 under 6 mo $150 under 6 mo Yes Yes
Society $100 6+mo $1006+mo $5 microchip
M:\General Services\GS Administration\Council Agenda\ACF\Fees comparison attachment, 7.10.07.doc
12-5
ATTA.CHMEI\J, _ 3
NOTICE OF MANDATORY
SPAY/NEUTER AND MICROCHIPPING FOR DOGS
&
CO~O.
LOS AHCIUI
........... c.ua
AHD~
Attention dog owners!
In an effort to improve public safety and reduce the number of stray dogs overwhelming our animal shel-
ters, the Los Angeles County Board of Supervisors has enacted an ordinance that requires all residents
of unincorporated areas in Los Angeles County to have their dogs spayed or neutered and have an iden-
tification microchip implanted in each dog.
Who does this measure apply to?
Anyone who lives in the unincorporated area of Los Angeles County who owns a dog or dogs over the age of
four months.
What do you have to do?
If your dog(s) is four months or older, you have to have an identification microchip implanted in the dog(s) and
have the dog(s) spayed or neutered. If your pet is already altered and has a microchip, you must submit the
dog's microchip number to our department to be in compliance with this ordinance.
Are there any exemptions?
You can qualify for an exemption if (a) your dog is a registered service dog that assists you as a disabled person,
(b) your dog is used for law enforcement purposes, (c) your veterinarian will certify that spaying or neutering your
dog poses a risk to its health, (d) your dog is a competition dog or a dog kept for breeding that is registered with
a recognized animal registry and you either show the dog or the dog has won championships or belongs to a dog
breed club with a breeding Code of Ethics required of its members.
Why does my dog have to have a microchip?
Microchips are a reliable, on-body animal identification system that enables
animal control officers to identify lost dogs and return these animals directly to
their owners. This will help the department reunite lost pets with their owners
and reduce euthanasia of dogs in County shelters.
Why do dogs have to be spayed or neutered?
County animal shelters are overcrowded with lost, stray and unclaimed dogs
and more are coming in every day. Spaying and neutering improves public safety
by reducing the number of aggressive dogs at large in the community and lowers
the number of dogs coming into shelters, which means fewer dogs have to be put
to death. Spayed and neutered dogs are less likely to roam, become lost or be-
come ill with reproductive system cancers that affect unaltered dogs.
What about the costs of this measure?
Free microchips and free microchip registration will be provided to every animal microchipped under this program.
That cost is being underwritten by the Found Animal Foundation. Discount spay/neuter vouchers will be provided
to senior citizens and persons who have a state-issued California Advantage Card. The Department of Animal Care
and Control is also working with veterinarians in private practice to provide low-cost spay and neutering surgery for
dogs. Later this year, County animal shelters will offer low-cost spay/neuter surgery for dogs. Our agency also will be
working with a wide variety of animal welfare groups to provide low-cost spay/neuter services to dogs kept throughout
Los Angeles County.
What about dog license fees?
We want to encourage persons who own unaltered dogs to have their pets spayed or neutered. So, the ordi-
nance raises the annual license fees for unaltered dogs to $60 and altered dogs to $20. Five dollars from the
unaltered license fee will be used to help finance low~cost spay/neuter support programs as a further incentive
for owners to have their dogs spayed and neutered.
What if I have more questions about this ordinance?
You can write to the Department of Animal Care and Control at :
5898 S. Cherry Ave., Long Beach CA 90805, call us at (562) 256-7104 or go to our
website at http://animalcontrol.co.la.ca.us and se~n e-mail.
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO ADJUST EXISTING FEES FOR ANIMAL SHELTER
SERVICES TO INCLUDE MICROCHIPPING AS PART OF
THE ANIMAL ADOPTION FEES
WHEREAS, the City of Chula Vista has been in the business of providing animal control
services since 1923; and
WHEREAS, the City of Chula Vista established an optional microchipping service at the
Chula Vista Animal Care Facility (CV ACF) on March 16,2004; and
WHEREAS, Los Angeles County has recently implemented mandatory microchipping
programs for all owned pets, in an attempt to curb the overcrowding in county animal shelters;
and
WHEREAS, all public and private shelters and adoption agencies in San Diego County,
with the exception of Coronado, have mandatory microchips included in the adoption fees; and
WHEREAS, the CV ACF propose to implement a mandatory microchip program for all
pets adopted from the CV ACF; and
WHEREAS, microchipping of all adopted animals will ensure that over 3,000 adopted
animals/year can be reunited with their owners if lost and will help alleviate shelter
overcrowding.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula
Vista that it amends the Master Fee Schedule as follows:
DOGS CATS RABBITS LIVESTOCK OTHER
Adoption
Altered $@ $75 ~$65 ~$20 $30 $5
Unaltered WI $55 WI $55 ~$40 $30 $5
Neuter Deposit $40 $40
Spay Deposit $40 $40
Rabies Shot Deposit $8 N/A
Jack Griffin
Director of General Services
Approved as to form by
L//~U~
Ann Moore
City Attorney
Presented by
J:\AttomeyIRESO\FINANCE\Microchip Amendment Reso_07-10-07.doc
12-7
RESOLUTION NO. 2007-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008
SUPPLIES AND SERVICES BUDGET OF THE ANIMAL
CARE FACILITY AND APPROPRIATING FUNDS FOR THE
MICROCHIPPING PROGRAM
WHEREAS, the City of Chula Vista has been in the business of providing animal control
services since 1923; and
WHEREAS, the City of Chula Vista established an optional microchipping service at the
Chula Vista Animal Care Facility (CV ACF) on March 16,2004; and
WHEREAS, the CV ACF is implementing a mandatory microchipping program for all
pets adopted from the CV ACF; and
WHEREAS, the cost of microchips is $5.00 each and this cost will be offset by the
increased adoption fees when microchip services becomes mandatory.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula
Vista that it amends the Fiscal Year 2007/2008 supplies and services budget of the Animal Care
Facility, appropriating $10,000 in Other Commodities for the microchip program.
Presented by
Approved as to form by
] ack Griffin
Director of General Services
(-L~;l ~~
Ann Moore
City Attorney
J \AtlumeylRESQIFINANCEIMicl'ochip Reso::. 07-10-07 doc
12-8
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
~I'f:. CITY OF
~k (HULA VISTA
07/1 0/07 Item ~
A) PUBLIC HEARING TO CONSIDER TESTIMONY
FOR FY 2007/08 LEVY OF ASSESSMENTS AND
COLLECTION AGAINST THOSE ASSESSMENTS FOR
CITY OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15,
17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE
DISTRICT NO.1 (ELMD #1), AND BAY BOULEVARD;
RESOLUTION LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR CITY
OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18,
20, 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE
DISTRICT NO.1 (ELMD #1), AND BAY BOULEVARD;
B) PUBLIC HEARING TO CONSIDER TESTIMONY
FOR FY 2007/08 LEVY OF ASSESSMENTS AND
COLLECTION AGAINST THOSE ASSESSMENTS FOR
TOWN CENTRE MAINTENANCE DISTRICT;
RESOLUTION LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR TOWN
CENTRE MAINTENANCE DISTRICT
SUBMITTED BY:
REVIEWED BY:
CITY ENGINEER >;/; A.. )y
CITY MANAGER pv - -
4/5THS VOTE: YES D NO 0
BACKGROUND
On June 19.2007, the City Council set the public hearings for the levy of assessments for
the City's Open Space Districts and Town Centre Maintenance Districts. The City
administers and maintains thirty-six (36) Open Space Districts and associated zones that
have been established over the last thirty years. The Districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development The levy of the annual assessment for FY 2007/08 enables the City to
collect sufficient funds to provide these ongoing services. Tonight's item is the next step
in the process for assessing levy amounts in order to ensure that the County Tax Assessor
deadlines are met for all 36 of the City's Open Space Districts_ In Districts where the
13-1
07/10107, Item /3
Page 2 of8
Proposition 218 ballot measure is successful, ballot results will replace tonight's action.
(Upcoming Council items on August 7 and August 14 meet the requirements of the
Proposition 218 process and will keep the Council and the public informed of the status
of the efforts in the nine at risk Districts throughout the summer). At the City Council
Meetings of May 22, 2007 and June 5, 2007, the City Council approved the process
necessary to comply with Proposition 218 requirements to pursue an increase in the levy
for nine of the City's 36 Open Space Districts/Zones currently in deficit situations, or at
risk of becoming so.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed aclivlty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it involves an intention to levy and collect assessments for existing
activities in the Open Space Districts and does not involve any new activities, therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That Council conducts the public hearings and adopts the resolutions:
. Levying the assessments and collectibles for City Open Space Districts I through
11,14,15,17,18,20,23,24,26,31,33, Eastlake Maintenance District No. I
(ELMD #1) and Bay Boulevard.
. Levying the assessments and collectibles for Town Centre Maintenance District.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City administers and maintains thirty-six (36) Open Space Districts and associated
zones that have been established over the last thirty years. The Districts provide a
financing mechanism to maintain the public open space areas associated with each
particular development. The City Council's approval of the levy is required by the first
week of August in order to meet the deadlines established by the County Tax Assessor.
Open Space Districts (OSD's) were established in conjunction with each particular
development to ensure financing for the perpetual maintenance of common open space
areas. OSD's provide a mechanism for the City to levy an annual assessment and
collectible to cover the costs of maintenance associated with each OSD. Once City
Council approves the annual collectible amount, it is sent to the County for inclusion on
the tax bill.
Each year Council must take two actions before levying the annual assessment. First,
Council approves the Engineer's Report on Open Space Districts, declares its intention to
levy the annual assessment, and sets the date and time for a public hearing. This action
was taken on June 19, 2007. Tonight's action is to conduct the public hearing, take and
13-2
fA
07/10/07, ltem~
Page 3 of8
consider public testimony, and levy the annual assessment and set the amount to be
collected against the assessment.
Pursuant to state law and the Municipal Code, the City Engineer has prepared and filed
the annual report for all existing Open Space Districts. The report includes information
regarding:
the proposed budgets
funds remaining in the account
the proposed assessment (based upon the prior year assessment plus an
inflation factor)
the collectible (the amount needed from each property owner to provide
sufficient funds for the following fiscal year's maintenance)
.
.
.
.
Table I below lists the names and locations of the Districts. Maps of each of the Open
Space Districts are included as Attachment I.
OSD
#
I
2
3
4
5
6
7
8
9
10
II
14
IS
17
18
20
23
24
26
31
33
Table I. Open Space Districts Within the City of Chula Vista
El Rancho del Re Units I - 4
Lark Haven
Rancho Robinhood Units I & 2
Bonita Rid e
South Ba Villas
Hillto Vista
Zenith Units 2, 3, and 4
Rancho Robinhood Unit 3
EI Rancho del Re
EI Rancho del Rey 6, Casa del
Re
Hidden Vista Villa e
Bonita Long Canyon
Bonita Haciendas
Bel Air Rid e
Rancho del Sur
Rancho del Rey
Ota Rio Business Park
Can on View Homes
Park Bonita
Tele a h Can on Estates
Broadway Business Home
Villa e
Eastlake Maintenance District
No. I
Bay Boulevard Maintenance
District
Town Centre Maintenance
East of Pas eo Ranchero - H Street & Tele
South and East of Lorna Verde Park
South of Allen School Lane
Camino Elevado north of Ota Lakes Road
North end of Crest Drive south ofE Street
Camino Vista Real north ofTele a h Can on Road
North & South of Palomar, east of I-80S
Surre Drive southwest of Ota Lakes Road
Paseo del Re ,north ofTele a h Can on Road
West of Paseo Ranchero - H & J Streets
East H Street, east ofI-805
North of East H Street - Otay Lakes Road & Corral Canyon
Road
Can on Drive, east of Ota Lakes Road
Northeast of Pas eo Ladera & East J Street
East end of East Na les Street
North of East H Street, west of Ota Lakes Road
West of Herita e/Ota Valle Road, south ofOta Rio Road
Rut ers A venue, south of East H Street
West of the intersection ofE Street & Bonita Road
North ofOta Lakes Road, west ofSR-125
West side of Broadway - J & K Streets
Eastlake I, Eastlake Greens, Salt Creek I, OTC, Telegraph
Can on Channel
Bay Boulevard - E & F Streets
Third Avenue - E & G Streets
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07/10107, Item I~
Page 4 0[8
District
Improvements and Services
The facilities and items to be maintained by the Open Space Districts currently consist
and will remain, in general, of the following:
I. Irrigation
2. Fertilization
3. Aerification
4. Pest control
5. Insect infestation control
12. Pond equipment and maintenance
13. Pedestrian light maintenance
14. Signage within trails/canyons
15. Pruning of trees and shrubs
16. Replacement of dead or diseased plant
material
17. Repair of irrigation equipment
18. Irrigation equipment upgrades
19. Brush clearance
20. Encroachment trims
21. Fencing maintenance
6. Removal of weeds, trash and litter
7. Removal of noxious plant materials
8. Trail maintenance
9. Public walkway cleaning
10. Low flow and brow channel
maintenance
II. Weed abatement
Assessments & Collectibles
The City of Chula Vista Municipal Code makes the distinction between the assessment
and the amount that the City may collect against the assessment (i.e., the collectible).
The assessments for FY 2007/08 are proposed at the FY 2006/07 amounts adjusted by the
inflation factor of 3.3998% pursuant to the Municipal Code. Each year, the prior year's
maximum assessment amount is adjusted by an inflation factor, pursuant to the Municipal
Code. This inflation factor is based upon the lower of two separate, published inflation
factors: the San Diego Metropolitan Consumer Price Index (CPI), and the Governor's
California 4th Quarter Per Capita Personal Income Index. In the mid-1990's (and for all
Open Space Districts established after that date), Council approved the assessments with
an inflation factor. Since that date, Council may annually increase the assessment by this
inflation factor without this increase being subject to a protest vote under Proposition
218. The collectible, on the other hand, is the amount to be actually collected from the
property owner and is equal to, or lower than, the proposed assessment. The collectible is
based on the budget, the reserve requirement, savings and fund balances, eamed interest,
and prior years' savings.
The proposed assessments and collectibles for FY 2007/08 are as follows:
Table 2. Historical and Proposed FY 2007/08 Assessments/Collectibles
Open Space District
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0711 0/07, Item } ~
Page 5 of8
or Zone FY07/08 Decrease
FY 05106 FY 06107 (1) FY 06107 FY 07/08 ($) Revenue
1 $ 107.21 $ 111.13 $ 114.91 $ 86.00 $ 113.00 $ 27.00 $ 74,314.45
2 $ 49.73 $ 51.55 $ 53.30 $ 51.00 $ 53.00 $ 2.00 $ 13,197.00
3 $ 340.44 $ 352.90 $ 364.90 $ 352.00 $ 364.90 $ 12.90 $ 46,342.30
4 $ 359.591 $ 372.751 $ 385.42 $ 361.00 1$ 385.42 $ 24.42 I $ 80,938.20
5 $ 350.651 $ 363.481 $ 375.84 $ 227.00 1$ 360.00 $ 133.001$ 43,920.00
6 $ 173.401$ 179.751$ 185.86 $ 112.00 1$ 163.00 $ 51.00 1$ 26,406.00
7 $ 121.141 $ 125.571 $ 129.84 $ 125.00 [$ 129.84 $ 4.84 1$ 13,503.36
8 $ 553.371 $ 573.621 $ 593.12 $ 572.00 I: 591.00 $ 19.00 1 $ 65,010.00
9 $ 156.83 $ 162.57 $ 168.10 $ 162.00 168.10 $ 6.10 $ 64,550.40
10 $ 105.831 $ 109.70 I $ 113.43 $ 109.00 1$ 113.00 $ 4.00 1$ 74,100.88
II $ 107.091 $ 111.011 $ 114.78 $ 69.00 I: 114.00 $ 45.00 1$ 150,598.56
14 $ 344.26 $ 356.86 $ 368.99 $ 356.00 368.99 $ 12.99 $ 318,438.37
15 $ 330.291 $ 342.381 $ 354.02 $ 240.00 1$ 354.00 $ 114.00 1$ 20,178.00
17 $ 158.10 I $ 163.891 $ 169.46 $ 82.00 1$ 116.00 $ 34.00 I $ 5,336.00
18 $ 373.61 $ 387.28 $ 400.45 $ 193.00 $ 221.00 $ 28.00 $ 96,135.00
20
Zone I - Desilting
Basin $ 57.74 $ 59.85 $ 61.89 $ 14.00 $ 61.89 $ 47.89 $ 54,231.73
Zone 2 - Rice Canyon $ 4.38 $ 4.54 $ 4.69 $ 4.54 $ 4.69 $ 0.15 $ 18,569.49
Zone 3 - H Street $ 6.25 $ 6.48 $ 6.70 $ 5.00 $ 5.00 $ 0.00 $ 30,712.51
Zone 4 - Business
Center $ 23.25 $ 24.10 $ 24.92 $ 24.00 $ 24.92 $ 0.92 $ 64,854.05
Zone 5 - SPA 1 $ 350.82 $ 363.66 $ 376.02 $ 247.00 $ 255.00 $ 8.00 $ 457,725.00
Zone 6 - SPA II $ 269.56 $ 279.43 $ 288.93 $ 143.00 $ 189.00 $ 46.00 $ 107,391.69
Zone 7 - SPA III $ 166.40 $ 172.49 $ 178.35 $ 172.00 $ 178.35 $ 6.35 $ 209,880.50
Zone 8 - N Desilting
Basin $ 38.36 $ 39.76 $ 41.12 $ 11.00 $ 32.00 $ 21.00 $ 3,802.24
Zone 9 - Tel Cyn
Channel $ 30.45 $ 31.56 $ 32.64 $ 31.00 $ 32.64 $ 1.64 $ 1,712.29
23 $ 514.84 $ 533.68 $ 551.83 $ 533.00 $ 551.83 $ 18.83 $ 49,697.81
24 $ 640.09 $ 663.52 $ 686.08 $ 483.00 $ 523.00 $ 40.00 $ 20,920.00
26 $ 502.37 $ 520.76 $ 538.46 $ 422.00 $ 470.00 $ 48.00 $ 8,930.00
31 $ 518.95 $ 537.94 $ 556.23 $ 215.00 $ 270.00 $ 55.00 $ 92,610.00
33 $ 1,282.52 $ 1,329.46 $ 1,374.66 $ - $ - $ - $ -
ELMD No. I
Otay Lakes Rd (2) nla nla nla $ 2.50 $ 2.50 $ 0.00 $ 31,716.75
Zone A - Eastlake 1 $ 11.89 $ 12.33 $ 12.74 $ 12.30 $ 12.74 $ 0.44 $ 107,397.95
Zone B - Eastlake
Greens $ 19.42 $ 20.13 $ 20.82 $ 11.00 $ 15.00 $ 4.00 $ 50,645.70
Zone C - Oly Training
Crr $ 160.90 $ 166.79 $ 172.46 $ 11.00 $ 3.00 $ -8.00 $ 1,500.00
Zone D - Salt Creek I $ 214.60 $ 222.45 $ 230.02 $ 222.00 $ 230.00 $ 8.00 $ 97,382.00
Zone E - Tel Cyn Chnl
(31 $ 30.60 $ 31.72 $ 32.80 $ 26.00 $ 32.80 $ 6.80 $ 12,016.94
Bay Boulevard {4) $ 2,971.96 $ 3,080.73 $ 3,185.47 $ 3,061.00 $ 3,004.00 $ -57.00 $ 19,195.56
Town Centre (5) $ 0.11 $ 0.11 $ 0.11 $ - $ - $ - $ -
Total $2,533,860.73
(I) Assessment may be set at or below this amount without being subject to a vote and majority protest.
(2) Zones A - D share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and
13-5
07/10/07,Itern !~
Page 6 of 8
I
. Increase!
Decrease
FY 05/06 FY 06/07 FY 06/07 FY 07/08 $ Revenue
projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D.
(3) Portions of East lake I and Eastlake Greens are in this benefit area.
(4) Bay Boulevard rates are based on acreS.
(5) Town Centre rateS based on parcel square footage since FY 200112002.
Open Space District
or Zone
Reserves
While the City has often been able to identify savings from prior years to supplement
collections, it is important to note that staff also strives to maintain at least a 50% reserve.
The Municipal Code allows reserves between 50% and 100%. A minimum of 50%
reserve is critical to provide the funds to pay for costs during the first six months of the
fiscal year, before the collectibles are received from the first instalhnent of the property
tax bill, and also to mitigate for delinquencies and any emergency service requirements.
Reserves in excess of 50% are used, in part, to maintain as stable a collectible as possible
while retaining sufficient funds to offset future anticipated increases and to address
maintenance emergencies. Operational efficiencies and reserves may also allow the City
to return excess funds to property owners in the form of a lower collectible.
Budgets
In general, most expenditure budgets have increased due to projected electricity and
water rate increases, and adjustments to City staff service costs as a result of cost of
living increases.
For several districts (OSDs 3; 7; 9; 20/Zones 2, 4, and 7; 23; and Eastlake Maintenance
District No. IIZones A and D) costs for service requirements will exceed the amount of
revenue that can be generated by the currently allowable assessment. None of these
Districts have sufficient reserves remaining to fund the difference and are the subj ect of
the Proposition 218 ballot process described in previous Council Agenda Statements
(May 22, 2007 and June 5, 2007). Property owners will have to approve, by ballot, an
increase in their assessments to cover expenditures, or services will have to be reduced to
levels within available revenues. A third option is for the General Fund to fund the
deficit; however this is not recommended due to current fiscal constraints, but more
importantly due to the precedent that could be established with such an action.
Each year, the City Council approves both the maximum assessment and collectible rates.
As noted in previous reports, Proposition 218 limited the maximum assessment amount
to the lesser of the two approved inflationary indexes. In FY 2003, the lesser index
experienced a negative 3.01 percent growth factor and then failed to keep pace with
inflation in FY 2003/2004 (1.5 percent allowance) and in FY 2004/2005 (2.2 percent
allowance). As a result, maximum assessment revenues failed to meet the approved and
necessary expenditure budgets in several Districts. In some instances, reserves were
sufficient andlor operational reductions were implemented to slow this trend.
Unfortunately, the Districts noted above have been unable to recover.
13-6
,~
07/10/07, Item ,:;
Page 7 of8
Other District Issues
Four other Districts of special note - Open Space District 20, Open Space District 33,
Eastlake Maintenance District No. I, and Town Centre - are discussed below.
OSD 20: Established in 1989, Rancho del Rey is a phased development of three
Sectional Planning Areas (SPAs). The District was created to encompass all three areas
with the understanding that the open space improvements would be constructed in
phases. Because this is a large District and not all of the items to be maintained have a
benefit to the entire District, the District is made up of nine (9) zones.
OSD 33: Open Space District 33, Broadway Business Homes, was formed several years
ago in anticipation of development of the parcel. The project has not progressed and
consequently there is no maintenance required. Each year staff recommends adjusting
the assessment by the inflation factor and not collecting money against that assessment.
Should the project develop in the future, staff would recommend collecting money for
maintenance.
Eastlake Maintenance District No. I: Eastlake Maintenance District No.1 is a large open
space district consisting of Eastlake Hills, Shores and Business Center I, Eastlake Greens,
the Olympic Training Center, Salt Creek I, and Telegraph Canyon Channel, which was
originally part of Eastlake's projects. Because this is a large district of various
developments and not all of the items to be maintained have a benefit to the entire
district, the district is made up of five (5) zones. Note that most open space within
Eastlake 1 and Eastlake Greens is privately maintained by homeowners' associations. On
the other hand, all of the open space in Salt Creek 1 is maintained by the Open Space
District.
Town Centre LMD: A Downtown Property and Business Improvement District (PBID)
replaced Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it
was anticipated that the Town Centre LMD would be dissolved. However, the City
determined that there was some potential long-term exposure for the City based on the
remote possibility that the current PBID might not receive sufficient support for re-
approval in the future. Should the PBID not be re-approved at some future date, and if
the Town Centre LMD is dissolved, there would no longer be a funding mechanism for
downtown landscape maintenance.
Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This
means that the City will set the maximum assessment amount for the District on an
annual basis, even though property owners will not be billed any sum on the tax roll.
Should the PBID not be re-approved, the Town Centre LMD will be in place and provide
the necessary funding mechanism for downtown landscape maintenance. The assessment
amount in FY 2007/08 is $0.11373 per square foot (based on the last approved
assessment of $0.106108 per square foot of parcel area plus an inflation factor of
3.3998%),
Standard Notice Process for Annual Levy
13-7
07/10107, Item !~
Page8of8
The public hearings were noticed pursuant to Government Code 6061, which requires
that notice be published in a newspaper of general circulation at least 10 days before the
public hearing. Plans, specifications, and assessment rolls are on file in the City Clerk's
office.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that Councilmember Steve Castanenda has property holdings within 500 feet of
the Town Centre Maintenance District which is the subject of Resolution B which is part
of this action.
FISCAL IMPACT
The full cost of providing maintenance services in these Districts totals $3,117,915.98.
However, the current maximum assessment will only provide $2,533,860.73 in revenue,
leaving a deficit of $584,055.25. A successful Proposition 218 balloting process within
the nine previously identified districts would eliminate the deficit and begin restoring
reserves. However, should property owners disapprove an increase in their assessments
to cover expenditures in any of the subject Districts, services will have to be reduced to
levels within available revenues. While the General Fund could fund any deficit, this is
not recommended due to current fiscal constraints, but more importantly due to the
precedent that could be established with such an action.
ATTACHMENTS
1. District Maps
13-8
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 1
THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO.1 (ELMD #1),
AND BAY BOULEVARD
WHEREAS, prior to the adoption of this Resolution, the City Council caused the
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter I, part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group, dba NBS has prepared
and filed, on behalf of and under the direction of the City Engineer, the annual Engineer's Report
for all existing Open Space Maintenance Districts in the City; and
WHEREAS, on June 19, 2007, Council approved this annual Report and set July 10,
2007 as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2007/2008 are as follows:
13-33
A,se,sment er EDU Collectible er EDU
Open Space District Proposed Proposed Increase / Projected
or Zone FY 07108 Decrease
FY 05/06 FY 06/07 (I) FY 06/07 FY 07/08 $ Revenue
1 $ 107.21 $ 111.13 $ 114.91 $ 86.00 $ 113.00 $ 27.00 $ 74,314.45
2 $ 49.73 $ 51.551 $ 53.30 $ 51.00 1$ 53.00 $ 2.00 1$ 13,197.00
3 $ 340.44 $ 352.90 I $ 364.90 $ 352.00 1$ 364.90 $ 12.90 1$ 46,342.30
4 $ 359.59 $ 372.751 $ 385.42 $ 361.00 1$ 385.42 $ 24.42 I $ 80,938.20
5 $ 350.65 $ 363.481 $ 375.84 $ 227.00 1$ 360.00 $ 13300 I $ 43,920.00
6 $ 173.40 $ 179.751$ 185.86 $ 112.00 1$ 163.00 $ 51.00 1$ 26,406.00
7 $ 121.14 $ 125.571 $ 129.84 $ 125.00 1$ 129.84 $ 4.84 1$ 13,503.36
8 $ 553.37 $ 573.62 $ 593.12 $ 572.00 $ 591.00 $ 19.00 $ 65,010.00
9 $ 156.83 $ 162.57 $ 168.10 $ 162.00 $ 168.10 $ 6.10 $ 64,550.40
10 $ 105.83 $ 109.70 I $ 113.43 $ 109.00 $ 113.00 $ 4.00 1$ 74,100.88
11 $ 107.09 $ 111.011 $ 114.78 $ 69.00 $ 114.00 $ 45.00 1$ 150,598.56
14 $ 344.26 $ 356.86 $ 368.99 $ 356.00 $ 368.99 $ 12.99 $ 318,438.37
15 $ 330.29 $ 342.381 $ 354.02 $ 240.00 $ 354.00 $ 114.00 1$ 20,178.00
17 $ 158.10 $ 163.891 $ 169.46 $ 82.00 $ 116.00 $ 34.00 1 $ 5,336.00
18 $ 373.61 $ 387.28 $ 400.45 $ 193.00 $ 221.00 $ 28.00 $ 96,135.00
20
Zone 1 - Desilting
Basin $ 57.74 $ 59.85 $ 61.89 $ 14.00 $ 61.89 $ 47.89 $ 54,231.73
Zone 2 - Rice Canyon $ 4.38 $ 4.54 $ 4.69 $ 4.54 $ 4.69 $ 0.15 $ 18,569.49
Zone 3 - H Street $ 6.25 $ 6.48 $ 6.70 $ 5.00 $ 5.00 $ 0.00 $ 30,712.51
Zone 4 - Business
Center $ 23.25 $ 24.10 $ 24.92 $ 24.00 $ 24.92 $ 0.92 $ 64,854.05
Zone 5 - SPA I $ 350.82 $ 363.66 $ 376.02 $ 247.00 $ 255.00 $ 8.00 $ 457,725.00
Zone 6 - SPA II $ 269.56 $ 279.43 $ 288.93 $ 143.00 $ 189.00 $ 46.00 $ 107,391.69
Zone 7 - SPA III $ 166.40 $ 172.49 $ 178.35 $ 172.00 $ 178.35 $ 6.35 $ 209,880.50
Zone 8 - N Desilting
Basin $ 38.36 $ 39.76 $ 41.12 $ 11.00 $ 32.00 $ 21.00 $ 3,802.24
Zone 9 - Tel Cyn
Channe I $ 30.45 $ 31.56 $ 32.64 $ 31.00 $ 32.64 $ 1.64 $ 1,712.29
23 $ 514.84 $ 533.68 $ 551.83 $ 533.00 $ 551.83 $ 18.83 $ 49,697.81
24 $ 640.09 $ 663.52 $ 686.08 $ 483.00 $ 523.00 $ 40.00 $ 20,920.00
26 $ 502.37 $ 520.76 $ 538.46 $ 422.00 $ 470.00 $ 48.00 $ 8,930.00
31 $ 518.95 $ 537.94 $ 556.23 $ 215.00 $ 270.00 $ 55.00 $ 92,610.00
33 $ 1,282.52 $ 1,329.46 $ 1,374.66 $ $ $ $
ELMD No.1
Otay Lakes Rd (2) nla nla nla $ 2.50 $ 2.50 $ 0.00 $ 31,716.75
Zone A - Eastlake 1 $ 11.89 $ 12.33 $ 12.74 $ 12.30 $ 12.74 $ 0.44 $ 107,397.95
Zone B - Eastlake
Greens $ 19.42 $ 20.13 $ 20.82 $ 11.00 $ 15.00 $ 4.00 $ 50,645.70
Zone C - 01y Training
Ctr $ 160.90 $ 166.79 $ 172.46 $ 11.00 $ 3.00 $ -8.00 $ 1,500.00
Zone D - Salt Creek I $ 214.60 $ 222.45 $ 230.02 $ 222. 00 $ 230.00 $ 8.00 $ 97,382.00
Zone E - Tel Cyn Chnl
(3) $ 30.60 $ 31.72 $ 32.80 $ 26.00 $ 32.80 $ 6.80 $ 12,016.94
Bay Boulevard (4) $ 2,971.96 $ 3,080.73 $ 3,185.47 $ 3,061.00 $ 3,004.00 $ -57.00 $ 19,195.56
13-34
-_.,_.~---
AsseSSlnellt er EDU Collectible .er EDe
Open Space District Proposed Proposed Increase / Projected
or Zone FY 07/08 Decrease
FY 05/06 FY 06/07 (1) FY 06/07 FY 07/08 ($} Revenue
Total $2,533,860.7
(I) Assessment may be set at or below this amount without being subject to a vote and majority protest.
(2) Zones A - 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and
projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D.
(3) Portions of Eastlake I and Eastlake Greens are in this benefit area.
(4) Bay Boulevard rates are based on acres.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as follows:
I. That it finds that written protests against the proposed assessment have not been made by
owners representing more than one-half of the area ofland to be assessed.
2. That it confirms the diagram and assessment contained in the Engineer's Report.
3. That it orders that the open space and maintenance facilities be maintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the
Engineer's Report for the 2007/2008 fiscal year for Open Space Districts I through 11, 14, 15,
17, 18,20,23,24,26,31 and 33, Eastlake Maintenance District NO.1 (ELMD #1), and Bay
Boulevard.
Presented by
Approved as to form by
Scott Tulloch
City Engineer
~~
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2007\07.IO.07\OSD Public Hearing Reso revised by ec.doc
13-35
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE TOWN CENTRE
MAINTENANCE DISTRICT
WHEREAS, prior to the adoption of this Resolution, the City Council caused the
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group dba NBS has prepared
and filed, on behalf of and under the direction of the City Engineer, the annual Engineer's Report
for the Town Centre Maintenance District; and
WHEREAS, on June 19, 2007, Council approved this annual Report and set July 10,
2007 as the date for the public hearing; and
WHEREAS, the proposed assessment for Fiscal Year 2007/2008 is as follows:
Assessmellt er EDU Collectible er EDU
Open Space District
or Zone
Town Centre (I)
FY 05/06 FY 06/07
$ 0.11 $ 0.11 $
Proposed
FY 07/08
(I)
Proposed
Increase /
Decrease
S
Projected
FY 06/07 FY 07/08
0.11 $ $
Revenue
$
$
Total $0.0
(I) Town Centre rates based on parcel square footage since FY 2001/2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to the Town Centre Maintenance District, as follows:
1. That it finds that written protests against the proposed assessment have not been made by
owners representing more than one-half of the area of land to be assessed.
2. That it confirms the diagram and assessment contained in the Engineer's Report.
3. That it orders that the open space and maintenance facilities be maintained.
13-36
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the
Engineer's Report for the 2007/2008 fiscal year for the Town Centre Maintenance District.
Presented by
Approved as to form by
</~ (~
Ann Moore
City Attorney
Scott Tulloch
City Engineer
H:\ENGINEER\RESOS\Resos2007\07-10.07\OSD Town Centre PubliC Hearing Reso revised by ec.doc
13-37
CITY COUNCIL
AGENDA STATEMENT
Item:~
Meeting Date:07/1 /07
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST
IN .26 ACRES AT 148 FOURTH AVE FOR A ONE-LOT
CONDOMINIUM CON. TAINING 7 RESIDENT~ITS.
DIRECTOR OF PL~~{N~ AN!, BUILDING tf""
CITY MANAGER l\.\l~
ACTING ASSIST~~ITY MANAGER '=;>--J""
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
--
BACKGROUND
On April 20, 2007 the Zoning Administrator conditionally approved the Design Review
application associated with this condominium conversion Tentative Subdivision Map. The
applicant has completed the tenant noticing required by the State and by the Municipal Code up
to this point prior to Tentative Map consideration (see Attachment E, Noticing Documentation).
Once all necessary approvals are obtained the owners will notify the tenants with the remaining
notices required by the State and by the Municipal Code.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
That the City Council adopt the attached Resolution, approvmg the proposed Tentative
Subdivision Map to subdivide .26 acres into seven (7) condominium units for individual
ownership at 148 Fourth Avenue, based on the findings and subject to the conditions contained
therein.
14-1
PCS-06-08
Page No.2
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission considered this proposal on May 9,2007 and voted unanimously, (7-0-0)
to recommend that the City Council approve the proposed Tentative Subdivision to subdivide .26
acres into seven (7) condominium units for individual ownership at 148 Fourth Avenue.
DISCUSSION
Project Site Characteristics:
The 68' x 125' rectangular shaped property is located at the comer of Fourth Avenue and Flower
Street in the northern portion of Chula Vista (see Attachment A, Locator Map). The apartment
complex consists of seven, 2-bedroom units featuring I-car garages, open parking spaces, and
common landscaped areas. The property is surrounded by apartment units to the north and east,
and single-family homes to the south and west.
The parcel is relatively level with vehicular access from Flower Street. The apartment complex is
a two-story, rectangular-shaped wood structure housing seven one-car garages in the rear of the
building and the units above (see Attachment G, Project Plans).
Project Description:
The Design Review permit proposed no significant exterior structural changes. Instead minor
design upgrades proposed include repairing or replacing fencing, providing new landscaped area
and a new trash enclosure. The applicant has painted the exterior of the building recently. For
interior improvements, each unit would be renovated to provide new carpet, tile, doors, windows,
hardware and storage areas. The existing laundry room facilities would also be removed and
individual laundry facilities would be provided in each unit.
The project also includes property and individual unit upgrades such as: new fencing and gates,
gutters and downspouts, new water heaters, etc. A more complete list of proposed improvements
is included in Attachment F, Proposed Upgrades.
A Physical Elements report, commissioned by the applicant, also identifies recommended
improvements to bring the property and individual units to acceptable condominium ownership
standards (see Attachment D, Physical Elements Report- "Executive Sununary"). Staff has
incorporated the recommendations as conditions of approval.
14-2
PCS-06-08
Page No.3
Table 1 below lists the existing services utilities within the project.
a e Xlstmg tIes
Air conditioning Individual unit
Heating Individual electric wall heaters
Water heaters Individual gas-tired hot water heater ill
garage
Gas Individualllas meters
Electric meter Individual electrical meters
Water HOA
Sewer HOA
*Cable Individual unit
*Teleohone Individual unit
T bIlE .. Utili.
"Not covered in the ROA
The maintenance and monthly payment of the utilities would be addressed in the project's
CC&Rs. The units are already served by separate gas and electric meters, while water and sewer
will be the responsibility of the Homeowner's Association.
Compliance with Development Regulations:
Site:
North:
South:
East:
West:
General Plan
Residential Medium High
Residential Medium High
Residential Medium High
Residential Medium High
Residential Medium High
Zoning
R3
R3
R3
R3
R3
Current Land Use
Multi-Family Residential
Multi-Family Residential
Single-Family Residential
Multi-Family Residential
Single-Family Residential
Proj ect Data:
Re uired
Building Setbacks:
Front: 15'
Side: 5' & 5'
Ext. Side: N/A
Rear: IS'
Buildin Hei t: 28'/45'
Parking: 2 parking spaces per unit
1 open
14-3
PCS-06-08
Page No.4
Analysis:
A condominium conversion project must satisfy certain City Code requirements including the
Chula Vista Design Manual, Chapter 19.28 and Chapter 15.56 of the Chula Vista Municipal
Code (CYMC), the California Fire Code, and Uniform Building Code, and other regulatory
documents. The following paragraphs discuss some of the major requirements, such as: open
space, storage, off-street parking, tenant relocation, design guidelines, noticing documentation,
physical element report, housing inspection, separate service meters, CC&Rs, and fire protection
in more detaiL
Open Space:
CYMC Section 19.28.090 requires 400 square feet of common usable open space per unit;
therefore, the project must provide a minimum of 2,800 square feet of open space. The existing
open space includes a front yard landscaped area and small landscaped strips along the sides and
rear of the property. In addition, each unit has a 60 sq. ft private porch or balcony, except one
unit has a 129 sq. ft. porch on the first floor and a 129 sq. ft. balcony on the second floor.
However, the second floor balcony is not counted toward the open space requirement since it is
located off of two bedrooms and the City Design Guidelines require that open space areas be
accessed via common areas such as living and dining rooms (see Attachment G, Project Plans).
Storage:
Section 15.56.020 requires a minimum of200 cubic feet of storage for each two bedroom unit. The
applicant will provide a 66 cu. ft. hanging storage cabinet in each existing garage (see Attachment
G, Project Plans). The additional storage area is provided either underneath the stairs or in the attic,
as illustrated in Table 2 below. The combined total area of storage space for each unit varies, but
all units meet the minimum requirement. A minimum of 70% of the storage area is contiguous to
the unit. The storage facilities shall be installed prior to final inspection or occupancy of the
condominiums. No additional work is required to provide the storage below the stairway since it
currently exists. However, the applicant will be required to add flooring to the attic storage per the
Conditions of Approval.
Tab e 2: ooosed tora e
Unit Storage Storage in Storage below Storage in Total Provided
No. Reauired Garage stairs Attic
1 200 cu. ft. 66 cu. ft. 154 cu. ft. - 220 cu. ft.
2 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
3 200 cu. ft. 66 cu. ft. 154 cu. ft. - 220 cu. ft.
4 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
5 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
6 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
7 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
I Pr S
14-4
PCS-06-08
Page No.5
Off-street parking:
In the R3 zone, a minimum of 2 standard size open. parking spaces are required for each two-
bedroom unit. The project provides seven standard size I-car garages and seven open parking
spaces. The 24-ft wide access driveway provides sufficient room for ingress and egress
maneuvers.
Tenant Relocation:
The applicant will assist, to the best of his ability, each of the current tenants with the
opportunity of ownership. For those who do not desire to purchase or are unable to qualifY for
bank financing, the applicant will offer to pay an amount equal to one month's rent to assist with
relocation. The tenant will have the option of not having to pay their last month's rent or
receiving an equivalent payment. Payments will be paid to the tenant's new property
management company within the last 30 days of their tenancy. The tenant will additionally have
the option of receiving the incentive, directly upon vacating their individual dwellings.
Design Guidelines:
The applicant has submitted a Design Review application that was approved by the Zoning
Administrator on April 20, 2007. The Design Review permit proposed no significant changes, but
rather minor design upgrades, including repairing or replacing fencing, providing new landscaped
area and a new trash enclosure, etc. (see Attachment G, Project Plans). For interior improvements,
each unit will be renovated to provide new carpet, tile, doors, windows, hardware, storage areas,
etc. The existing laundry room facility that was illegally built inside one of the garages would also
be removed and individual laundry facilities will be provided in each unit. The current location of
the laundry room facility will be converted back into a garage space for the individual tenants use.
Noticing Documentation
Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must
satisfY certain noticing requirements for specified time periods. The Table 3 below identifies the
noticing requirements and when existing and prospective tenants should receive them. The tenants
have been made aware of the condominium conversion project proposal since June 2005.The
tenant that has moved in since then has been given a notice prior to signing his or her lease
agreement. Each tenant will be given notice of having the first option to purchase a unit. The
Table also shows when the Applicant met these requirements. Sample notices provided by the
Applicant are attached (see Attachment E, Noticing Documentation).
14-5
PCS-06-08
Page No.6
Table 3: Noticing Documentation
NOTICE REQUIREMENT HOW LONG & WHEN CQMPUANCE
60-day notice to all existing tenants 60 days prior to filing a Design 60-day notices were sent
of intent to convert - "Form A"* Review and Tentative Map certified mail to existing
annlication with the City tenants on June 6, 2005.
Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a
intent to convert - "Form B"* or deposit from the prospective signed notice by the new
tenant tenant in Apt #5 that moved
in after June 6, 2005.
10-day notice to all existing tenants 10 days before or after To be determined! Typically
of an application of a Public Report - submittal of the Public Report following Final Map approval
"Form C" to the Department of Real
Estate
10-day Notice to all existing tenants Within 10 days of approval of To be determined! Typically
of Final Map approval- "Form D" the Final Man bv the city following Final Map approval
Notice to all prospective tenants of Prior to acceptance of any rent To be determined prior to
option to purchase/termination of or deposit from the prospective approval of Final Map
tenancv - "Form E" tenant
90-day Notice to all existing tenants For a period of 90 days after To be determined prior to
of option to purchase/termination of issuance of the Public Report approval of Final Map
tenancy - "Form F' from the Department of Real
Estate
180-day notice to all existing tenants 180 days prior to termination of l80-day notices were sent
of intent to convert/termination of tenancy certified mail to existing
tenancy- "Forni G" tenants on November 29,
2005.
* Attachment H - Noticing Docmnentation
The City Council only needs to find that the Applicant has submitted Forms "A" and "B" prior to
the approval of the Final Map. The remaining notices are required after approval of the Final Map.
Physical Element Report:
The applicant submitted a "Physical Element Report" (See Attachment D) prepared by Lorber
Engineers for review by the City's Building Official. The report concludes that the existing
apartment complex is in overall fair condition with minor defects, considering the age of the
existing building. After reviewing the reco=endations, staff concludes that the proposed
improvements will satisfy the Building Code requirements if the reco=ended improvements are
constructed or put in place. Staff has included the report recommendations as conditions of
approval in the City Council Resolution.
Housing Inspection:
The Project is required to conform to Uniform Housing Code requirements in existence at the time
of the approval of the Subdivision Map. The project completed two housing inspections on June 2,
2005 and July 6, 2005 where all items were repaired or corrected, except for two items being
deferred to the building permit process. The applicant is required, by condition of approval, to
correct any deficiencies prior to Final Map approval. The two items included reinstalling the GFCI
duplex receptacles in the garage from the house meter to the unit meter and each unit shall be
served by separate electric meters.
14-6
PCS-06-08
Page No. 7
Separate Service Meters:
Each unit has individual gas and electric meters. A Homeowner's Association will be responsible
for the water and sewer service utility meters. The Applicant shall provide CC&R's prior to final
map approval showing how this will be satisfied.
CC&Rs:
The Project is conditioned to provide evidence of declarations of covenants, conditions and
restrictions in conjunction with approval of the Final Map.
Fire Protection:
The project shall comply with the California Fire Code including, but not limited installing smoke
detectors to be hard wired and interconnected with battery backup capabilities in each bedroom and
hallway leading to bedroom.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of City Council and has found no property holdings
within 500 feet of the boundaries of the property which is subject to this action.
CONCLUSION:
This project is consistent with the Multi-Family Residential (R3) Zone, General Plan designation
of Residential High, Design Manual, Landscape Manual, and all other applicable codes and
regulations of the Municipal Code.
Based on the preceding information, the project, as conditioned, is in substantial conformance
with the requirements for condominium conversion and that the City Council can approve the
Tentative Map subject to the conditions listed in the attached City Council Resolution.
FISCAL IMPACT
The application fees and processing cost are paid for by the Applicant.
ATTACHMENTS
A. Locator Map
B. Planning Commission Resolution
C. Proposed Upgrades
D. Physical Elements Report - "Executive Summary"
E. Noticing Documentation
F. Disclosure Statement
G. Proj ect Plans
Prepared by: Caroline Young, Assistant Planner, Planning Division
J :\Planning\Caroline\Discretionary Pennits\PCS-Q6-0S-CC Staff Report
14-7
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . b PROJECT OESCRIPTlON:
C) APPLICANT: Michael R. Palum 0 MISCELLANEOUS
PROJECT 148 Fourth Av Proposing condominium conversion of existing seven-unit
AOORESS: . apartment building with seven attached one-car garage and
SCALE: FILE NUMBER; seven open parking spaces.
NORTH No Scale PCS-06-08 Related cases: DRC'()6-39
J:\plannlng\carlos\locators\pcs060B.cdr 11.28.05
14-8
ATTACHMENT A
RESOLUTION NO. PCS-06-08
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP
TO DIVIDE INTEREST IN .26 ACRES AT 148 FOURTH AVENUE FOR A ONE-LOT
CONDO:MINIUM CONTAINING 7 RESIDENTIAL UNITS-MICHAEL PALUMBO.
,
WHEREAS, on November 21, 2005, a du1y verified application was filed with the City of
Chu1a Vista Planning and Building Department by Michael Palumbo ("Applicant"), requesting
approval of a Tentative Subdivision Map to convert 7 apartment units into individually owned
condominiums ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented on Exhibit A and for the general description herein consists of a .26
acres located at 148 Fourth Ave ("Project Site"); and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for a qass 1 (existing facilities) categorical exemption pursuantto Section 15301 of
the State CEQA Guidelines. Thus, no further environmental review is necessary; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circu1ation in the city and its mailing to property owners within 500 feet ofth.e
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
May 9,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
the hearing was then closed; and
WHEREAS, the Planning Commission having received certain evidence on May 9, 2007, as
set forth in the record of its proceedings made certain findings, as set forth in their recommending
Resolution PCS-06-08, and recommended that the City Council approve the Project based on certain
terms and conditions.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution approving the
Project in accordance with the findings and subject to the conditions contained in that Resolution.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City .
Council.
14-9
ATTACHMENT B
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 9th day of May, 2007, by the following vote, to-wit:
AYES:
Vinson, Moctezuma, Bensoussan, Felber, Tripp, Clayton, Spethman
NOES:
ABSENT:
~hili
ATTEST:
Diana Vargas, Se etary
f
14-10
PROPOSED UPGRADES
148 4TH Avenue
Vision Condominums
The developer intends to upgrade major and minor components of the property, for the
purposes of providing quality and affordable residential condominium units. The
inspector's findings will be addressed with new and/or upgraded materials that meet or
exceed current building codes. The developer will employ a licensed building contractor
to perform or oversee the upgrades and improvements contained herein. Where permits
are required the contractor will make the necessary application to the City of Chula Vista.
2.0 Cost Allocations for Improvements
The issues will be addressed in the natural order of the inspection report, referenced by
the paragraph number. See table 1.1 for quick reference to planned improvements. The
n:p!!,irs or improvement will be addressed in the following manner; prior to occupancy of
units (pOU), short term and intermediate repairs to be performed between 1 and 5 years
(STIR), and proposed improvements prior to occuPancy of unit (pIPO).
Wall Doors and Trim:
Trump Pest Control estimates $6,000 for Tenting and Wood trim replacement
Performed prior to occupancy of units (pOU)
Fencing & Gates:
Estimated cost to replace $5,000
Proposed improvements prior to occupancy of unit (pIPO)
Gutters and Downspouts:
Estimated cost to upgrade $700.00
Proposed improvements prior to occupancy of unit (pIPO)
~...:...
~ov 2 1 2005
Smoke detectors in 14 bedrooms
Estimated cost to install $ n 4.00
Proposed improvements prior to occupancy of unit (PIPO)
p\zc.- UG;- 30
PROPOSED UPGRADES
- 1 -
14-11
ATTACHMENT C
Acoustic ceilings will be removed and replaced
Approximate Cost to remove and replace $6,000.00
Proposed improvements prior to occupancy of unit (PIPO)
Common Laundry Area:
The common laundry area will be removed, an under the counter unit will be installed in
each unit.
Approximate Cost $7,000
Proposed improvements prior to occupancy of unit (pIPO)
Toilets:
All toilets will be replaced with most current low flow toilets
Approximate Cost $900.00
Proposed improvements prior to occupancy of unit (pIPO)
Cabinets:
All cabinets will be refurbished
_~PI1roximate Cost $2,800
Proposed improvements prior to occupancy of unit (pIPO)
Appliances:
Dishwashers, stove and ovens will be replaced
Approximate Cost $5,600
Proposed improvements prior to occupancy of unit (pIPO)
3.0 Other Planned Improvements:
Storage:
200 cubic area storage units will be installed in each garage
Approximate Cost $5,600
Counter Tops "Kitchens and Bathrooms"
Kitchens and Baths counter tops will be replaced
Approximate Cost $2,500
Proposed improvements prior to occupancy of unit (pIPO)
Flooring:
All units will be carpeted and tiled with new materials
Approximate Cost $7,700
Proposed improvements prior to occupancy of unit (pIPO)
Wall Coverings;
All units will be freshly painted:
Approximate Cost $5,600
Proposed improvements prior to occupancy of unit (PIPO)
PROPOSED UPGRADES
- 2 -
14-12
Automatic Garage Door Openers:
Approximate Cost $1,200
Proposed improvements prior to occupancy of unit (PIFO)
Exterior Paint:
Complete Exterior Paint
Approximate Cost $10,000
Proposed improvements prior to occupancy of unit (PIPO)
Light Fixtures:
Interior and Exterior
Approximate Cost $1,500
Proposed improvements prior to occupancy of unit (PIPO)
PROPOSED UPGRADES
- 3 -
14-13
Table 1.1
Improvement Cost Analysis
.
Nenet Plu-dJ9.~ Chst . 'IlI1E
Pest TaJt:ing 4.01 $6,00] IUJ
F~&GlI:es 4.05 $5,00] PIPO
GJttas lIldIh\mpa.Jts 4.lJ7 ro PIPO
RrofGMring 5.02 $25,00; STIR
\Vcter Ibms 6ffi $1,4aJ PIPO
Stn:k flej", i(1'i 9.02 $114 PIPO
CeiIingl 9n2 $6,00] PIPO
liiixIry 9~02 $7,00] PIPO
T<iIels 9.02 $lXXJ PIPO
CabineIs 9.02 $},ID1 PIPO
~ 9.02 $5,& PIPO
StCI3!J: <i:llfn" PIPO
CoomrTcp:; PIPO
Fkxring $7,7fX PIPO
\Vcill Cmtring; $5,& PIPO
~Ih:rQxnr.> $J.,n PIPO
FxIfricr Pdim $10,00: PIPO
IJdtFJXtures $l,5(X: PIPO
Tctal $113,914
.:. (pOU) Prior to occupancy
.:. (STIR) Short term and intermediate repairs to be performed between 1 and 5 years
.:. (plPO) Proposed improvements prior to occupancy of unit (plPO).
PROPOSED UPGRADES
4
14-14
Page 3 October 20, 2005
EXECUTIVE SUMMARY
- -
A property condition assessment was performed by Lorber Engineers on the Vision
Condominium Apartments property located at 148 Fourth Avenue in Chula Vista,
California (Subject Property). The assessment was conducted on October 4, 2005.The
Subject Property consists of a rectangular shaped parcel ofland situated at the west side
of Fourth Avenue, approximately one mile east of the San Diego Freeway (1-5). The
property is improved with one, 2-story, multifamily building containing a total of
approximately 5,980 net rentable square feet and a total of seven apartment units. In
addition, the property contains a smalllaWldry room.
General De~ripti(ln
The Subject Property consists of one wood framed structure with limited landscaped
areas along Fourth Avenue and at the perimeter of the buildings. According to a City of
. _ Chula Vista Bwlding Department representative, there does not appear to be any reported
- - 'building code violations at the Property. In addition, the developer researched the City of
Cbula Vista Building Department lile for the original building pennit, Certificate of
Occupancy and any outatanding violations, No violations were doted in the Building
Department lile,
,:::r!\~'Y'::."~J!i'i\~~ ".',11". .,'t(' ""'" '; 'l";")!""~ 'c. .FIRE '^.,
i'fhtfri'biNd"J~ ~Iii'o :STolUESI..";
'..f, . ~'~-""'~"'- . _ "",_."'_ iJ ''I\*1SP:R.lNKLERs
.::" ." .", - .:?~~
,)l:.....-u:.,;,- - ' '. ,"- ~ ~- :BUlLDING ' . ,I 1 I
';: BUlLpING~" -~.. ~'-:HEiGirf~ '""""YES J\ .. NO
(SQUARE nino , ,f .
One, 2-story, apartment 5,980 NRA 2-story /27' 6" X
buildinl!
Seven attached single 2-story /27' 6" X
car l!aral!es
-
o Gross Boor area (OF A; net rentable area (NRA)
UNIT MIX . ,
,e,. ..~. .Size . Number of Units SF Area (SF)
2 Bedrooml2.5 Bath I 900
2 Bedroom/I Bath 6 830
The Subject Property is zoned "R-3", multi-family residential district by the City of
Cbula Vista Planning Department The subject improvements appear to be developed in
accordance with the designated zoning,
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-15
ATTACHMENT D
Page 4 October 20, 2005
1.00 INTRODUCTION
This report is an opinion about the condition of the major systems of this property based
on visual evidence available during a diligent inspection of accessible areas. Weare
concerned with identifying major deficiencies, which in our opinion, are ones that would
cost approximately $500.00 or more to correct. We did not remove surface materials,
move furniture or undertake destructive testing as part of this inspection. This report is
not an exhaustive technical evaluation, which would cost much more.
No property is in perfect condition and all will have items deserving attention. Often
these are matters of personal preference. We recommend that you keep in mind the
following as you read this report: age of the structure, level of use, maintenance history,
climatic exposure, skill and workmanship of the builder which always varies, and
prevailing building codes and practices.
All inspected items are examined for serviceability. The term "serviceable" is intended to
__ _...mean that no significant abnorma1ities are noted and the item is generally functioning as
intended. Some item can be deemed serviceable and yet have some minor deficiency.
2.00 DESCRIPTION
This property includes 7 apartments and 7 attached garages with mostly stucco on the
exterior and a composition shingle roof surfacing.
The structure appears to be constructed on a nearly level building pad on a concrete slab
foundation. The structure is reportedly about 20 years old and is assumed to face east for
purposes of this report.
3.00 STRUCTURAL
3.01 General - Our evaluation of the structure is derived from many indirect inspection
observations. Since we rarely see the wall framing, we look for cracks and bulges in the
finish of the walls to determine condition. It is possible that there are shortcomings with
the structure of this complex that will not be knowable from a visual inspection.
Engineering/design review of structure is beyond scope of inspection. Inspecting for
damage, deterioration, unconventional construction etc.
As an advisory, we did not have access to any soils report, structural or grading plans, did
not do any destructive testing. Having more comprehensive information could reinforce
our opinion or, on the other hand, could potentially change it.
3.02 Specific Conditions - We noted the following:
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-16
Page 5 October 20, 2005
_ Most of the foundation and structural framing are covered by fmishes and not visible for
inspection.
_ We inspected the floors, wall and ceiling surfaces, door casings and the fit of the doors
and windows for any indication that there is movement ongoing with respect to the
foundation. The condition of surfaces and function of architectural features appear to be
within an acceptable range and suggest that the structure is intact and performing as
intended.
_ There are some variations in the upper floor finishes which is not uncommon for wood
framed structures and again appear to be in an acceptable range.
_ Invasive roots appear to encroach the foundation at a couple locations. We recommend
keeping roots trimmed back to eliminate the potential for foundation damage.
_ Much of the prefabricated truss wood roof framing was inspected by entering the attics
. _ _>Aathe various access panels - one located in each upper level apartment. The attic
insulation partially obscured our view of some framing members.
There is no indication of damage (non-termite) or deterioration with respect to the visible
framing. Where there is no attic, the finishes on the ceilings did not indicate any reason
for structural concern.
_ The termite frass in the attics indicate widespread termite activity. We recommend that
you consult your structural pest control inspection report for further guidance.
4.00 EXTERIOR
4.01 Walls, Doors & Trim - The exterior walls of this property are covered with stucco
and some horizontal wood siding. We noted the following conditions:
_ The stucco was at least spot painted sometime in past. If so, sealing and painting of
surfaces can obscure stains, cracks etc. As advisory, painted stucco requires more
maintenance than integral coloring.
_ There is a pattern of stucco staining at the walls surrounding the exterior and on the
under side of the decks. The definitive cause of the staining is unknown. Staining on the
underside could reflect known past leaking of some decks.
_ Discoloration of stucco walls, e,g, on the south side, could be caused by water running
off of the roof.
_ There is widespread lots termite frass accumulation on exterior architectural features,
e.g., wood trim etc. Also, there is heavy spot damage to wood trim components e.g. at the
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-17
Page 6 October 20,2005
electrical meter cabinets. We recommend consulting your structural pest control
contractor for further guidance.
- There is minor, spot damage to stucco at various locations.
- A few garage door combustion air vents are impact damaged
4.02 DRAINAGE & GRADING - WHILE ANY DRAINAGE COMMENTARY IS
INTENDED TO IDENTIFY CONDITIONS THAT MAY BE LESS THAN IDEAL,
IT IS POSSIBLE THAT A GIVEN POOR DRAINAGE STRATEGY MAY NOT
MANIFEST ITSELF IN ANY SIGNIFICANT WAY. WE OFFER THE
FOLLOWING COMMENTS:
_ The drainage patterns visually appear relatively flat or inconsistent and do not appear to
have a definitive drain pattern that will carry surface water to an appropriate location.
The site drainage was not actually water tested.
_ Planting beds around property will tend to trap surface water; no drains visible.
Vegetation or mulch may have obscured some installed drains.
_ Some downspouts discharge into planting beds. As no drains were visible in the
planting beds, we recommend redirecting downspout termination.
_ While not inspected per se, at least, I irrigation system valve box cover is damaged,
e.g., on the south side. The damage could present a tripping hazard.
We have enclosed a publication by the San Diego Chapter of the California Council of
Civil Engineers and Land Surveyors entitled "Wet Weather Maintenance of Structure
Site" which provides helpful advise about control of surface water.
4.03 Walkways/Hardscapes - GeneraJly appear to be in serviceable condition. There are
some minor miscellaneous cracks. At least, a couple spots appear to be slightly uplifted
from tree root intrusion. Any uplift conditions can present a tripping hazard.
4.04 DECKSIBALCONIES - WE NOTED THE FOLLOWING CONDITIONS:
General (occurs at all/most):
_ Our evaluation is limited to visual non-destructive testing. We did not water test the
decklbalcony surfaces for proper drainage or leaks. We do not know if they will leak and
we make no warranty of their condition. We did not test deck drain scuppers.
_ AGAIN, THE STAINiNG ON THE UNDERSIDE OF SOME DECKS CAN
INDICATE LEAKING, AT LEAST, IN THE PAST. AN ELECTRONIC MOISTURE
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-18
Page 7 October 20, 2005
DETECTOR INDICATES A NORMAL LEVEL OF MOISTURE PRESENT AT THIS
TIME. RECOMMEND MONITORING FOR SIGNS OF FURTHER LEAKAGE.
_ All features generally appear to be in serviceable condition.
4.05 Fencing & Gates - Only representative sections of the perimeter fencing was
inspected. Some fencing is obscured by heavy vegetation and, therefore, not inspected.
We noted the following conditions:
_ Much of the wooden fence is in contact with the soil, which can lead to rot.
_ There are multiple spots ofrot and termite damage to the wood fencing.
4.06 STEPSILANDINGS - APPEAR TO BE IN SATISFACTORY CONDITION.
SOME MINOR, MISCELLANEOUS CRACKS WERE NOTED.
-- -.-4.07 Gutters & Downspouts - We noted the following conditions:
_ A partial gutter and downspout system installed. Those gutters and downspouts that are
present generally appear to be serviceable. A full system at all eaves is always
recommended to help with site drainage. We did not water test the system.
_ Again, a few of downspouts discharge on ground adjacent to the structure; redirect.
4.08 Miscellaneous Exterior - The irrigation system is not included in the inspection &
therefore, was not tested.
5.00 ROOFING
5.01 General - The roof is a system that must work well together to provide weather
protection for the structure. The major elements in this system include the roofmg or roof
covering, the underlayment, flashing, sheathing, and the roof framing. We have not
conducted any water tests of this roof and do not know if it will leak, and we make no
warranty of its condition. Our evaluation is limited to visual non-destructive testing. A
complete roof inspection would require destructive testing which is not included in our
standard inspection.
5.02 Roof Covering: The roofing was examined by walking on the surfaces. A
composition shingle roof surfacing is installed. We noted the following conditions:
GENERAL
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-19
Page 8 October 20, 2005
Composition shingle coverings have about a 20 yr service life when new. Assuming that
the roofing is the original installed, it is nominally nearing the end of its expected service
life. General conditions also indicate that it will need to be replaced "on schedule".
We recommend contacting independent roofer if you desire further guidance. Roofer
should conduct overall inspection of roofing.
Specific:
- Stains on the roof sheathing around skylights, e.g., at the south exterior entry skylight,
accessible via the apartment #4 attic, and the apartment 6 attic skylight indicate leaks.
- Most ridge and hip shingles are highly deteriorated and need to be replaced. Some
shingles have deteriorated to the point where holes have appeared in the roof moisture
barrier which will allow water to leak into the attics.
-- .--~ There is fiberglass showing around frayed shingle edges which indicates advancing
shingle age.
- Passive roof ventilation appears less than currently required for roof framing.
Recommend ventilation assessment when you next re-roof.
- No step and counter flashing is visible at lower level entry door roofpopouts. Ensure
that the proper flashing is installed with the next roof replacement.
- Some of the 2nd roof flashings are cracked open and need to be sealed.
- There is minor cracks/crazing in a few skylights.
6.00 PLUMBING
6.01 General- The property is served by public water and sewer services.
When not used, plumbing fixtures can deteriorate; I test may not reveal problems.
6.02 Main Water Shut-Off - The main water service point, shut-off valve and any
pressure regulator were not located.
6.03 Water Pressure - There was no place to take water pressure with disconnecting
appliances. We will not disconnect an appliance because we could cause some
damage/leaks. The maximum recommended water pressure in a structure is 80 psi and the
minimum is 30 psi.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-20
Page 9 October 20, 2005
6.04 Supply Lines - We noted the following conditions:
Visible current water supply lines appear to be made of copper pipe, however, most of
the piping is not visible as it is covered by wall fmishes. The original polybutylene piping
was replaced wi copper piping; a permit was required for this work.
There is evidence of, at least, past leaks, e.g., in some garages and some bathrooms. We
have no way of knowing if any of these leaks were related to the distribution piping.
6.05 Waste Lines - All visible waste lines appear to be made of ABS plastic piping. All
visible piping appears to be in serviceable condition.
6.06 Gas System - The gas meter locations are near the exterior, north side of the
structure. They appear to be in serviceable condition.
6.07 Water Heater - Each apartment is served by a dedicated water heater located in the
__ _.lenant associated garage. Also, there is a water heater located in the common area laundry
room. We noted the following conditions:
GENERAL (OCCURS AT ALUMOS1):
- Water heater strapping meets minimum requirements to help prevent overturning.
_ None of the accessible water heaters appear to be the original. Technically, permits
were required when the water heaters were replaced.
- As advisory, no pipe bollards are installed to protect heaters as currently required.
_ Heaters nominally have about a 7-10 yr service life. Heaters in this age range or older
could fail at anytime.
_ Some PIT valve drain piping includes stainless steel flexible connectors; only hard
drawn metal is allowed.
COMMON LAUNDRY ROOM WATER HEATER:
- A I year old, 30 gallon, gas-fired heater is installed.
GARAGE WATER HEATERS:
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-21
Page 10 October 20,2005
Apartment #1:
- The water heater was inaccessible; the garage overhead door was locked
Apartment #2:
- A 9 year old, 30 gallon, gas-fired heater is installed; could fail at anytime.
- Some PfT piping is composed for flexible connector.
Apartment #3:
- The water heater was inaccessible; blocked by storage.
Apartment #4:
_. ...:. The water heater was inaccessible; the garage overhead door was locked
Apartment #5:
- The water heater was inaccessible; the garage overhead door was locked
Apartment #6:
- A 10 year old, 30 gallon, gas-fIred heater is installed; could fail at anytime.
- Some PfT piping is composed for flexible connector.
Apartment #7:
- A 3 year old, 30 gallon, gas-fIred heater is installed.
6.08 Special Features -As an advisory, no fIre sprinkler system is installed
7.00 HEATING
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-22
Page 11 October 20, 2005
7.01 Systems:
GENERAL CONDITIONS:
_ Wall mounted electric heating and air conditioning package units are installed in each
apartment.
_ Heating/air conditioning packages generally have an expected life of about 20 yrs;
current ages are unknown.
SPEClFIC:
Apartment #1:
- Appears to be working satisfactorily.
__ _...Apartment #2:
- Appears to be working satisfactorily.
Apartment #3:
- Appears to be working satisfactorily.
Apartment #4:
- Appears to be working satisfactorily.
Apartment #5:
- Appears to be working satisfactorily.
Apartment #6:
- Appears to be working satisfactorily.
Apartment #7:
- Appears to be working satisfactorily.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-23
Page 12 October 20, 2005
8.00 ELECTRICAL
8.01 General - While certain types of deficiencies are readily discernible, not all
conditions that can effect electrical system reliability and safety can be identified during a
visual inspection.
The purpose of a GFCI is to provide protection against shock hazards. It will open or
"trip" on slight imbalances in current flow, thus protecting you. The GFCI operates as
other circuit breakers, should it "trip," simply reset it for continuing operation.
Periodically, you should test the GFCI for proper operation. By pushing the test button,
the GFCI should trip to the "OFF" position.
8.02 General Conditions (applies to most or all):
_ The meters and main disconnects are located in the exterior northwest comer cabinet.
An electrical sub-panel is located in each apartment. Each panel appears to provide 90
._ ..._amperes of power.
8.02 Specific Conditions:
_ There are numerous switch/outlet covers missing at various locations. Covers are
needed for fire safety.
_ No GFCI protected receptacles were found in the garage and in the kitchens. GFCI's are
now required at all exterior, bathroom and kitchen countertop receptacles and garage
convenience receptacles.
- The following lighting was not/could not be tested:
. Any sensor/timer controlled light fixtures.
9.00 INTERIOR
9.01 General - Identifying the presence of any molds, toxic or otherwise, algae, spores
etC., is beyond the scope of the inspection. Testing would be required to rule out presence
of any environmental hazards. If there is any concern on your part about indoor air
quality, we recommend contacting a qualified specialty contractor for further guidance.
9.02 General Conditions (applies to all or most):
_ No detectors installed in the bedrooms as required w/ neWer construction.
_ There is spot damage to the fire resistive assemblies (walls) that separate the various
attic spaces.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-24
Page 13 October 20, 2005
_ The ceilings are covered with acoustic spray. Acoustic spray installed up to about 1982
can have an asbestos component. Positive identification of asbestos requires a laboratory
test.
_ There unfaced fiberglass insulation installed in the attics. There is no way for us to
determine the "R" value.
- There is spot damage to the interior drywall at various locations
_ A few closet light diffusers are missing at various locations; diffusers are needed for
safety.
- Cannot verifY that ceiling fans are installed with adequate support.
- There are several screens/frames that show spot damage.
-- --9.03 SPECIFIC CONDmONS,
Apartment #1:
_ There are apparent stains on the ceiling of the front bedroom. Again, could be related to
known past deck leaks.
- One of the bedroom windows is damaged/cracked.
Apartment #2:
_ Guardrail openings exceed the 4 " spacing allowed on current construction.
Apartment #3:
- There are a few, minor front entry tile cracks
_ The smoke detector at the entry to the sleeping area is missing
Apartment #4:
- The front entry tile grout shows spot deterioration.
- There is rot/termite damage to exterior deck door components.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-25
Page 14 October 20, 2005
- The space between the exterior deck door thresholds & landings is greater than allowed.
The distance cannot be greater than I inch when the door opens outward. Also, the door
weather stripping damaged.
Apartment #5:
- No additional comments.
Apartment #6:
- No additional comments.
Apartment #7:
- No additional comments.
__ .._COMMON LAUNDRY ROOM:
- Testing of the appliances is not included in the inspection.
- No catch pan is installed under washer; any drain was not visible/not tested. Omission
can lead to flooding if there is an overflowlhose break.
- Water supply connectors serving clothes washer are the original rubber ones. As these
eventually fail, rec. replacing w/ flexible, stainless steel connectors.
- The combustion air openings in the closet doors appear too small. They nominally do
not appear to provide the required amount of needed combustion air.
10.00 KITCHEN & APPLIANCES
10.01 General - We tested the appliances listed below to see if they work. Our "test" is
not an evaluation of performance but is only to verify that they "work". It is possible that
timers may be defective, garbage disposals may be ineffective, thermostats may be out of
calibration, and the appliance can still "pass" our abbreviated test. Appliances can fail at
any time without warning. There are insurance policies available to you that may provide
some protection. Your agent can supply information on this subject. All comments
pertain to the main kitchen unless otherwise specified.
10.02 General Conditions:
Each apartment kitchen is typically equipped with an electric range, dishwasher, garbage
disposal, and microwave
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-26
Page 15 October 20, 2005
We did not operationally test the appliances.
There are a few miscellaneous cabinet/casework discrepancies, e.g., cabinet doors rub
and missing hardware etc.
10.03 Specific Conditions:
Apartment #1:
- No additional comments.
Apartment #2:
- No additional comments.
Apartment #3:
- No additional comments.
Apartment #4:
- No additional comments.
Apartment #5:
- No additional comments.
Apartment #6:
- No additional comments.
Apartment #7:
- No additional comments.
11.00 BATHROOMS
11.01 General - The serviceability of the major components like sinks, showers, tubs,
toilets, visible plumbing, exhaust fans, cabinetry, mirrors, windows, electrical outlets and
light fixtures or any other installed features, unless otherwise noted, are inspected.
Common minor deficiencies, such as deteriorated tile caulking or grouting are may not be
called out.
When not used, plumbing fixtures can deteriorate; 1 test may not reveal problems.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-27
Page 16 October 20, 2005
11.02 General Conditions (applies to all/most):
_ Fiberglass tub/shower enclosures are installed in each bathroom.
- Most sink drain plugs are missing
_ With any chronic high moisture conditions, the probability of subsurface
rot/deterioration andlor fungi growth (toxic mold, algae, mildew etc.) is high. Further
evaluation to determine scope of any mold concerns would be have to be conducted by a
qualified, licensed industrial hygienist.
Apartment #1:
_ There is an elevated moisture reading at lower left-hand side of the tub shower
enclosure. While not definitive, water appears to be leaking from the tub/shower
._ ...J:nclosure. The exact cause/mechanism is unknown.
- The toilet is loosely mounted to the floor; replace wax ring & remount.
_ There is heavy discoloration/staining of the tub/shower fiberglass enclosure.
- Tub/shower mono water control handles is loose on wall.
Apartment #2:
Downstairs Hall Bathroom:
_ There is discolored sheet vinyl flooring and stains along lower wall and baseboard.
There is a musty odor, mold-like accumulation and elevated moisture reading in the
storage closet adjacent to the bathroom. While not definitive, the conditions likely reflect
a plumbing fixture overflow or toilet leak. Recommend that a qualified plumber
investigate the conditions further. Recommend consulting a licensed industrial hygienist
concerning any needed water damage mitigation.
_ There are some paint blisters on ceiling. The exact cause is not known; various
possibilities. Could be evidence of the past leak from plumbing or the above apartment
bathroom.
Upstairs Hall Bathroom:
_ The tub/shower water control handle is damaged; needs to be replaced. Also, the water
control handles is loose on the wall.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-28
Page 17 October 20, 2005
- The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #3:
_ Apparent water damage to base board along the lower wall to the lower, left-and side of
the shower. Also, there is discoloration of the wall, mold-like accumulation at the mid-
height, left-hand side of the tub shower. The exact causes are unknown; various
possibilities.
- The toilet pedestal is damaged/cracked.
Apartment #4:
_ The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #5:
- The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #6:
- The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #7:
- No additional comments.
12.00 GARAGE
12.01 General Conditions (applies to most/all):
_ Many surfaces are obscured by storage materials, equipment etc.
- As an advisory, no electronic overhead door openers are installed.
_ There is spot damage to the interior drywall at various locations.
12.02 Specific Conditions:
Apartment #1:
_ The garage door was padlocked and, therefore, the garage interior could not be
inspected.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-29
Page 18 October 20, 2005
Apartment #2:
- Again, there are stains on ceiling around water heater supply piping.
Apartment #3:
- Again, there are stains on ceiling around water heater supply piping.
Apartment #4:
- The garage door was padlocked and, therefore, the garage interior could not be
inspected.
Apartment #5:
- The garage door was padlocked and, therefore, the garage interior could not be
inspected.
Apartment #6:
- No additional comments.
Apartment #7:
- No additional comments.
14.00 LIMITATIONS OF SCOPE
This evaluation is not a geological inspection of the site. No subsurface investigation is
made and this inspection is not what might be referred to as a "soils report". We can
make no determination of the prior grading activity that mayor may not have occurred
without more extensive research of public records or subsurface investigation. If you
desire a geotechnical evaluation, we can provide these services at an added fee.
Weare not providing a structural pest control inspection. We understand that you will be
provided with a separate inspection report that will address the presence or absence of
wood-destroying organisms.
Owning any building involves some risk and no property is perfect. Even the most
comprehensive inspection cannot be expected to reveal every condition you may consider
important to your ownership. Further, without disassembling the building, not everything
can be known. This report is not a structure warranty, is not to be considered a
guarantee of condition and is not an insurance policy of any kind.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-30
Page 19 October 20, 2005
While some references to hazardous materials and code compliance may be made, our
report is not a complete investigation for code compliance, toxic wastes in the building
or adjacent soils, hazardous materials, or public records affecting this property. Such an
investigation would be much more costly and is beyond the scope of this inspection.
15.00 CONCLUSION
The main objective of the inspection is to identify the overall condition of the
property/systems and areas of concern and not necessarily to identify every individual
defect.
Based on the visual inspection the types of discrepancies are typical for a property of this
age, use and type of construction.
It is possible that with higher level (specialty) inspections, a wider range of deficiencies
may be identified. Some may only be discoverable with destructive testing.
-- -.olf you have any questions about this report or inspection, please feel free to call us for
clarification.
End of Reoort
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-31
.-
"~
CONDOMl1'<WM CONVERSIONS- FORll1 A
6O-DAY
NOTICE TO EXISTING TENANT
OF INTENT TO CONVERT
To the occupant(s) of:"
">
148 4th Avenue
(address)
(apartment ff)
~
TheOWileI(s) of this bl,iltHng. at 148 4th Avenue (address), plaml to Jile a
Design Review and TentativeIParcel Map application with the City of Chnla Vtsta to convert this l:luiIding
. to a condominium. project Yon shall be given notice of CaA:b. hearing for which notice is required p1lISUllI11:
to Sections 664513 and 66452.5 of the Government Code, and you have the right to appear and the right
to be heard at any such hearing. The owner or owner's agC:nt shall provide a total of five (5) di:ffi:rent
notices throughout the approval process to each tenant prior to the tenant vacating the premises due to the
conversion. The City of Chula VlSta will notify each tedant of all three (3) public hearings
(Design R.e-,.iew Committee, Plmning Commission, and City Council) for the project approval
.//
" /::0'/.t/:;/ /-/ /-
".,I.; I u*! //:/'.~
/n ,
(signature of owner or owner's rgem)
06/0612005
(date)
~"
(Section 66427.t{a) & 66452.9 of the GovcmmentCode)
14-32
ATIACHMENT E
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14-33
,...-----
.
CONDOl\llNIUM CONVERSIONS- FORM B
~
NOTICE TO PROSPECTIVE TENANT
OF INTENT TO CONVERT
(PRIOR TO EXECUTION OF RENTAL AGREEMEN1]
To the prospective occupant(s) of:
1"'l5 LJTH /J,VF
(address)
t15 Cf1VlAVISTA(CA 17-;20/0
(apartment #)
The owner(s) of this building, at M9 4711AVI;. O/fJLA VlfTA CA d)20{O (address), has filed or
plans to file a Design Review and Tentative/Parcel Map application with the City of Chula Vista to
convc:Ft..this building to a condominium project. No units may be sold in this building unless the
conversion is approved by the City of Chula Vista and until after a public report is issued by the
Department of Real Estate. If you become a tenant of the building, you shall be given notice of each
hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code,
and you have the right to appear and the right to be heard at any such hearing. The owner or owner's agent
shall provide a total of five (5) different notices throughout the approval process to each tenant prior to the
tenant vacating the premises due to the conversion. The City of Chula Vista will notify each tenant of all
........ three public hearings (Design Review Committee, Plan.1ing Commission, and City Council) for the
project approval. If you moved in after the process had began, the owner or owner's representative shall
inform you of the current status of the project and how many notices you will be given prior to vacating
the unit. ~ 12. (f d~~~
(signature of owner or owner's agent)
C,- 7- () S'
(date)
I have received this notice o#" 4f.zd (
(da e)
(Section 66427.1(a) & 66452.8 of the Government Code)
14-34
CONDOMfi'iIUi\I COl'iVERSIONS- FOR.."I G
1 SO-DAY
NOTICE TO EXISTING TENA....l'iT
OF l'iTE1'l'T TO CO(\i-vERTrIER.."IINATION OF TEN~"CY
To the occupant(s) of:
148 4u, Avenue
(address)
(apartment #)
The ownerC'0 of this building, at 148 4th Avenue (address), have obtained
all necessary approvals from the City of Chula Vista and Department or Real Estate. After the approval of
the Building Permit, the owner can begin the construction process of converting the units into
condominium, if changes are being proposed. The owner has the right to terminate your lease or rental
agreement on or after 180 days of the date ofthis notice. Please verify with the owner or owner's agent of
the anticipated move out date if you have not purchased your unit. Tenants who have purchased their units
may also be required to temporary move out during the construction phase.
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(signature of owner or ov,'ner's agent)
06/06/2005
(date)
(Section 66427.1 (e) ofdle Government CoJe)
14-35
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14-37
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Development Processing
Cl1Y OF
CHUlA VISTA
AFPUGATION APFENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Counc;;,
Planning Commission and aU other offidal bodies of the City, a statement of disc!osur;; of certain ownership or fina.",c:;:-
interests, payments, or campaign contributions for a City of Chula Vista eleetlon must be filed: The following informatien
must t:e disc!czed:
1, List tho names of all persons having a financial interest in the property that is the sutjeet of the applicato,n or the
contract, e,g" owner, applicant, contractor, subcontractor, matsrial suppl.er.
K~.,~""I 90.1............100 Ph\\\,; 1.0 Ole....":.
2, If any person" id~r.;:;7iec PUl'SU2:1t t~ (1 ) abcve is a c:Jrpcratc:; cr pertnefs:'ip. Il~: me narr.eE d ail i n\:!;'iC~E.,E v:'r":
a S2000..investment In tne business (corporation/partnership) ent!ty.
Ai 1"7-
. .
fJ(lA
3, If any person" identlfied pursuant to (1) above is a non-profit organization or tr'Jsl, list the names of a"y persc~
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trJst.
fVfll'T
IV (It'.
4, Fiease identify every person, including any agents, employees, consultants, or independent contractors you have
ass;gned to repres;;nt you before the ClrJ in this matter.
'Ph',L\.,..o D,.....,
f>~..."c._ "1"-,, -<-":0
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5,
Has any person" associated with th.s contract had any financiai deaiin\;s wi~ an official" of the City of C"u.a
Vista as il re!atss to this contract within the past 12 months, Yes_ No~
\
\
\
If Yes, briefly desc:ibe the nature of the tinanc:al interest the officialu may have in this contract.
\
\
6,
Have you made a contnbution of more ,.than $250 within the past t\ve!ve (12) rr.cnrhs to a curretlt member 0: tl':e
Chuia Vista City Caune!? No _ Yes'::!.. If yes, which Coone:! member?
14-38
ATTACHMENT F
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Planning Division
Department
Development Proces$i,,::;
CITY OF
CHUlA VISTA
APPLlCATlON APPENDIX 6
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official"'''' of the City of Chula Vista :n t~e
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, giit, loan, etc.)
Yes_ No2
17' Yes, which officia!..... and what 'NO.5 the nature or item provided?
\
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Date '0 (I C /;)...00 ~
, .
Signatdtf~e~~,
t-\..c-h....e\. Q. 9"",1..v-......\.,Q
type name of ContractoriApplicant
p-.,...,: :>-
Person is defined as: any individual, firm, co-partnership, joint venture, associatlon, socia! club. rr2lern2;
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, C otnE;.
poiitical subdivision, -or any other group or combination acting as a unit.
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of ~ bo~rj,
commission, or committee of the City, employee, or staff members.
. "
14-39
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE .26
ACRES AT 148 FOURTH AVE FOR A ONE-LOT
CONDOMINIUM CONTAINING 7 RESIDENTIAL UNITS -
MICHAEL PALUMBO
1. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
November 21, 2005, with the City of Chula Vista Planning and Building Department by
Michael Palumbo ("Applicant") requesting approval of a Tentative Subdivision Map to
convert 7 apartment units into individually owned condominiums ("Project"); and
B. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Attachment A, copies of which are on file in the Office of
the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract
No. 06-08, Tentative Subdivision Map, and for the purpose of general description herein
consists of .26 acres located at 148 Fourth Ave {"Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: 1) Zoning Administrative Design Review approval on
April 20, 2007, 2) Planning Commission recommendation of approval of PCS-06-08,
Tentative Subdivision Map for a 7-unit condominium conversion on May 9,2007; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
May 9, 2007, and after hearing staffs presentation and public testimony voted 7-0-0 to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
tentative subdivision map application; and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, its mailing to
property owners within 500 feet of the exterior boundary of the project and its mailing to the
current tenants residing at 148 F ourth Ave, at least 10 days prior to the hearing; and
14-40
Resolution No. 2006-
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on July 10, 2007, in the Council Chambers, 276
Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission,
and to hear public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED by the City Council that it finds, determines
and resolves as follows:
II. PLANNING COMMISSION RECORD
Resolution PCS-06-08, the minutes, and all evidence introduced before the Planning
Commission at their public hearing on the Project held on May 9, 2007, are incorporated into
the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the project
qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of
the State CEQA Guidelines. Thus, no further environmental review is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the Project qualifies for a Class I
(existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to GoveffiID.ent Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned in the Resolution for
148 Fourth Ave, is in conformance with the elements of the City's General Plan, based
on the following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
Residential- Medium High, and was previously developed with 7 units on the
property, which is consistent with the General Plan. Thus, the Project, as
conditioned, is in compliance with the adopted General Plan.
2. Circulation
All on-site and off-site public streets required to serve the subdivision currently exist.
No street improvements are required.
14-41
2
Resolution No. 2006-
3. Housing
The Project is consistent with the density prescribed within the General Plan and
provides attached condominium units for individual ownership. The conversion of 7
apartment units to 7 condominium units creates additional opportunities for
residential ownership.
4. Open Space
The Project includes patios, balconies, and landscaped areas.
B. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such project.
C. The conditions imposed on the grant of the tentative map is approximately proportional
both in nature and extend to the impact created by the proposed development.
VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION
REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT
RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE
CHULA VISTA MUlCIPAL CODE
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the
City Council finds that the Project meets the following:
A. Fire Protection: The Project shall comply with the California Fire Code. Applicant
shall, among other things, install smoke detectors to be hardwired and
interconnected with battery backup capabilities in each bedroom and hallway
leading to each bedroom.
B. Uniform Building Code: The Building Department reviewed the "Physical
Elements Report" prepared by Lorber Engineers, and found that the Project will
satisfy the Building Code requirements if the recommended improvements are
constructed or put in place. These requirements are generally described in the
Physical Elements Report.
C. Storage: Section 15.56.020 requires a certain amount of storage for each unit.
There are seven 2-bedroom units that require a minimum 200 cubic feet of storage
for each unit. The Applicant shall provide a hanging storage shelf in the existing
garage, each containing 66 cu. ft. for a total 462 cu. ft. within the garage area. The
additional storage area is provided either underneath the stairs or in the attic. The
combined total area of storage space for each unit varies, but all units exceed the
minimum requirement. The hanging storage shelf in the garage shall be installed
prior to final inspection or occupancy of the condominiums. No additional work is
required to provide the storage within the attic space and the storage area below
the stairway since it currently exists.
14-42
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Resolution No. 2006-
D. Housing Code: The Project is required to conform to Uniform Housing Code
requirements in existence at the time of the approval of the Final Subdivision
Map. The applicant completed two housing inspections on June 2, 2005 and July
6, 2005 where all items were repaired or corrected, except for two items being
deferred to the building permit process. The applicant is required to correct any
deficiencies prior to Final Map approval. The two items included reinstalling the
GFCI duplex receptacles in the garage from the house meter to the unit meter and
each unit shall be served by separate electric meters.
E. Off-street parking: In the R3 zone, a minimum of2 parking spaces is required for
each two-bedroom unit. The project provides seven I-car garages and seven open
parking spaces.
F. Design Guidelines: The applicant has submitted a Design Review application that
was approved by the Zoning Administrator on April 20, 2007. The Design
Review permit proposed no significant exterior structural changes, but rather
minor design upgrades, includes repairing or replacing fencing, providing new
landscaped area and a new trash enclosure, etc. For interior improvements, each
unit shall be renovated to provide new carpet, tile, doors, windows, hardware,
storage areas, etc. The existing laundry room facilities shall also be removed and
individual laundry facilities shall be provided in each unit.
G. Separate Service Meters: Each unit has individual gas and electric meters. A
Homeowners Association will be responsible for the water and sewer service
utility meters. The Applicant shall provide CC&R's prior to Final Map approval
showing how this will be satisfied.
H. The Applicant submitted a "Physical Elements Report" (See Attachment E) for
review by the City's Building Official. The report concludes that the existing
apartment complex is in overall fair conditions with minor defects, considering
the age of the existing building. The assessment identifies immediate repairs and
short-term intermediate repairs. After reviewing the recommendations, staff
recommends that the report recommendations be incorporated into the remodel
program. Staff has included the report recommendations as conditions of
approval in Attachment C of the draft City Council Resolution.
1. CC&Rs: The Project is conditioned to provide evidence of declarations of
covenants, conditions and restrictions in conjunction with approval of the Final
Map.
4
14-43
Resolution No. 2006-
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a
public hearing. The City of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice ofIntent to Convert", "Notice to Prospective Tenants ofIntent to Convert", and a
180-day "Notice of Intent to Convert/ Termination of Tenancy".
BE IT FURTHER RESOLVED that the City Council approves Tentative Subdivision
Map, Chula Vista Tract No.06-08, subject to the general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No.06-08,
148 Fourth Ave.
B. Design Consistency
The Applicant shall develop the condominium units in accordance with all applicable City of
Chula Vista Design Guidelines and in accordance with the DRC 06-39 approved by the
Zoning Administrator.
IX. SPECIAL CONDITIONS OF APPROVAL
A. The conditions imposed on the Tentative Map approval is approximately proportional both to
nature and extent of impact created by the proposed development. Unless otherwise
specified, all conditions and code requirements listed below shall be fully completed by the
Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final
Map, unless otherwise specified:
GENERAL / PLANNING AND BUILDING
I. All of the terms, covenants and conditions contained in this Resolution shall be binding
upon and inure to the benefit of the heirs, successors, assigns and representatives of the
Applicant as to any or all of the Project site.
2. Applicant and his/her successors in interest shall, comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of this Tentative Subdivision Map and as recommended for approval
by the Planning Commission on May 9, 2007, and DRC 06-39 approved by the Zoning
Administrator.
3. Applicant shall schedule a meeting with the current tenants to present alternative rental
housing opportunities and assistance in relocation prior to Final Map approval.
14-44
5
Resolution No. 2006-
4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the
following City of Chula Vista noticing forms have been delivered to the existing and
prospective tenants, or a schedule detailing required future notifications:
a. 10-day notice to all existing tenants of an application of a Public Report - "Form C"
(If submitted to State Dept. of Real Estate prior to Final Map approval).
b. 10-day Notice to all existing tenants of Final Map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E.
d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy -
"'Form F~~.
5. Any and all agreements that the Applicant is required to enter into pursuant to the
Resolution shall be in a form approved by the City Attorney.
DRAINAGE & NPDES
6. All onsite drainage facilities shall be private.
7. The Applicant shall enter into an agreement to fully implement NPDES best management
practices ("BMPs") to reduce the amount of pollutants entering the city's storm water
conveyance system, including but not limited to:
a. Installing and using efficient irrigation systems and landscape design; more
specifically:
1. Employ rain shutoff devices to prevent irrigation after precipitation.
11. Adjust irrigation systems to each landscape area's specific water
requirements
111. Using flow reducers or shutoff valves triggered by a pressure drop to
control water loss in the event of broken sprinkler heads or lines.
IV. Employing other comparable, equally effective, methods to reduce
irrigation water runoff.
b. Employing integrated best management principles. More specifically, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (I) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM educational materials to homeowners/residents. Minimally,
educational materials must address the following topics: keeping pests out of
buildings and landscaping using barriers, screens, and caulking; physical pest
elimination techniques, such as, weeding, squashing, trapping, washing, or
pruning out pests; relying on natural enemies to eat pests; and, proper use of
pesticides as a last line of defense.
6
14-45
Resolution No. 2006-
c. Educate the Public. More specifically, the Homeowners Association, through
Property Management, etc., shall inform residents about the City's non-storm
water and pollutants discharge prohibitions. This goal can be achieved by
distributing informative brochures (some available free from the City of Chula
Vista) to new home buyers and dedicating sections of newsletters to storm water
quality issues, as applicable.
SEWER
8. The onsite sewer system shall be private. All sewer laterals shall be privately maintained
from each building and/or condo unit to the City maintained public sewer main.
9. An inspection and maintenance program shall be developed and implemented by the
Applicant to prevent blockage of private sewer lines and overflow of sewage to storm
drain systems. The Applicant shall establish a homeowners association to fund and
oversee a contract for the maintenance of the onsite private sewer system. The frequency
of maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the onsite private sewer system.
STREETS
10. The Applicant shall dedicate additional right-of-way along Fourth Avenue to meet the
City's street standards for a "4-Lane Major" street classification. As such, the right-of-
way half width of Fourth Avenue in this area shall be 52'. This dedication shall be shown
on the Final Map.
II. The Applicant shall remove and replace the driveway along Flower Street to comply with
ADA pedestrian access route requirements. The work shall be done under a Chula Vista
construction permit using Chula Vista Construction Standard CVCS-I for driveways.
Driveway replacement shall be guaranteed through a bond prior to recordation of the
Final Map.
12. Damaged curb, gutter and sidewalk along the Project frontage shall be removed and
replaced by the Applicant as required by the City Engineer and to the satisfaction of the
City Inspectors prior to approval of the Final Map.
13. The Applicant and successor Homeowners Association shall maintain corner sight
distance requirements as described in Chula Vista Design Standard CVD-TR07.
14-46
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Resolution No. 2006-
CC&R'S
14. The applicant shall submit CC&R's as approved by the City Attorney to the City
Engineer and Director of Planning and Building for approval prior to approval of the
Final Map. The CC&R's shall include the following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the holders of the first mortgage have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
The CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Map.
15. The approved Homeowners Association (HOA) shall submit its budget for review and
approval by the City Engineer for the maintenance of the private sewage systems. The
budget shall account for cleaning the sewer once a year, with the contingency for
emergencIes.
EASEMENTS
16. All existing easements and irrevocable offers of dedication shall be shown on the Final
Map. A title report dated within 60 days of submittal of the Final Map shall be submitted
together with backing documents for all existing public utility easements and offers of
dedication. The applicant shall submit evidence of noticing to all existing public utility
easement holders within the Project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
17. The Applicant shall enter into an agreement for the following;
a. Agree to defend, indemnify and hold harmless the City and its agents, officers,
and employees, from any claim, action or proceeding against the City, or its
agents, officers or employees to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
14-47
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Resolution No. 2006-
b. Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this Project.
c. Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the conduit
to only those franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula Vista.
MISCELLANEOUS
18. The final map shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
19. The Applicant shall submit copies of the Final Map in a digital format such as (DXF)
graphic file prior to approval of the Final Map. Provide computer aided Design (CAD)
copy of the Final Map based on accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital Submittal in duplicate on
3 y, HD floppy disk prior to the approval of the Final Map.
20. The Applicant shall submit a conformed copy of a recorded tax certificate covering the
Project site prior to approval of the Final Map.
21. The Applicant shall provide evidence to the satisfaction of the City Engineer of
compliance with all tenant noticing requirements per Section 66427.1 of the Subdivision
Map Act prior to approval of the Final Map.
B. The following Conditions of Approval shall be satisfied prior to Building Permit approval
unless otherwise noted:
22. The Project Site shall be developed and maintained in accordance with the approved
plans dated March 27, 2007, which include a site plan, floor plan, elevation plan, and
landscape plan on file in the Planning Division, the conditions contained in this
Resolution, and Title 19. The Applicant shall make the repairs or improvements to the
following items in addition to the repairs noted in the Physical Elements Report:
. Perform termite inspection on walls, doors, and trim and replace as necessary.
. Replace fencing
. Upgrade gutter and downspouts
. Repair roof covering
. Replace water heaters
. Replace or install smoke detectors in 14 bedrooms
. Remove acoustic ceiling
. Remove common laundry area
14-48
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Resolution No. 2006-
. Replace all toilets with current low flow toilets
. Refurbish all cabinets
. Replace dishwashers, stove and ovens
. Provide storage areas
. Replace kitchen and bathroom counter tops
. Install new carpets and tile
. Paint all units
. Install automatic garage door openers
. Replace all interior and exterior light fixtures
23. The applicant shall obtain approval of a building permit for the storage, trash enclosure,
exterior and interior remodel of each condominium unit, and items listed in the "Physical
Elements Report".
24. The Project building permit submittal plans shall include all immediate recommended
items to be replaced/repaired as stated in the "Physical Elements Report", prepared by
Lorber Engineers, and shall comply with the Uniform Building Code. The following list
of improvements shall be completed prior to occupancy of the units:
. Trim roots back and install root barriers to eliminate potential foundation damage
. Remove or treat termite activity in the attics, exterior architectural features, (e.g.
wood trim, etc.), electrical meter cabinets, and wooden fence.
. Replace all damaged garage door air vents
. Redirect downspout termination
. Repair all decks to prevent leaks to lower floors.
. Provide a new roof and remove stains on the roof sheathing around the skylights,
seal all leaks, and assess the ventilation when you re-roof.
. Replace all plumbing fixtures
. Replace/repair distribution piping that might of caused past leaks in the garages
and bathrooms.
. Install pipe bollards to protect water heaters
. Replace all existing water heaters that are 7 or more years old.
. Replace the stainless steel flexible connectors on the PIT valve drain piping with
hard drawn metal.
. Replace all heating/air-conditioning units if older than 10 years.
. Install GFCI protected receptacles in the garage and kitchen areas.
. Repair the spot damage to the fire resistive assembly walls that separate the
various attic spaces and to the interior drywall at various locations.
. Verify and remove all asbestos that may be in the acoustic spray on the ceiling.
. Replace missing closet light diffusers at various locations and install diffusers for
safety.
. Verify that ceiling fans are installed properly.
. Repair spot damage on several screens/frames.
· For Apartment I, repair water leakage from the tub/shower enclosure, replace
wax ring and remount the toilet, repair heavy discoloration/staining of the
tub/shower fiberglass enclosure and loose water control handles.
14-49
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Resolution No. 2006-
. For Apartment 2, repair/replace any plumbing fixture overflow or toilet leak in
the downstairs hall bathroom. Replace the damaged tub/shower water control
handle and mount correctly to the wall.
. For Apartment 3, install a smoke detector at the entry to the sleeping area. Repair
water damage to base board and discoloration of the wall, and mold-like
accumulation on the tub shower, and the damaged/cracked toilet pedestal.
. For Apartment 4, treat the termite damage to the exterior deck door.
. Determine scope of any mold concerns due to high moisture conditions, and
remove mold as required.
. Install electronic overhead door openers for all garage doors.
25. The Project building permit submittal plans shall include all recommended items to be
repaired according to the housing inspections, which included reinstalling the GFCI
duplex receptacles in the garage from the house meter to the unit meter and to have each
unit served by separate electric meters.
26. The Project's exterior and interior upgrades for the site shall be constructed in accordance
with the approved DRC-06-39 Design Review permit.
27. The Applicant shall install hanging storage shelf in the existing garage, each containing
66 cu. ft. for a total 462 cu. ft. within the garage area prior to final inspection or
occupancy of the condominiums. The Applicant shall also install a pull down stair ladder
to access the attic storage and install plywood flooring within the required attic storage
area. No additional work is required to provide the storage area below the stairway.
28. The Project shall comply with requirements of the approved "Recycling and Solid Waste
Management Plan" to the satisfaction of the City's Conservation Coordinator. The Plan
shall demonstrate those steps the Applicant will take to comply with Municipal Code,
including but not limited to Sections 8.2 (Solid Waste and Litter) and 8.25 (Recycling),
and meet the State mandate to reduce or divert at least 50 percent of the waste generated
by all residential, commercial and industrial developments. The Applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase of the
Project. The Plan shall incorporate any trash enclosure re-design required for compliance
with the City's NPDES permit.
29. The Project building permit plans shall demonstrate that walls and ceilings meeting the
current Uniform Building Code standards regarding fire and sound attenuation have been
installed between airspaces of the condominium units, to the satisfaction of the City
Building Official and Director of Planning and Building. If the walls and ceiling do not
meet said standards, then the walls and ceiling shall be modified to conform to the
Uniform Building Code.
30. The Project building permit plans shall comply with all requirements of the City ofChula
Vista Fire Department and the California Fire Code.
14-50
II
Resolution No. 2006-
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals granted in the resolution, deny, or further condition issuance of all future building
permits, deny, revoke, or further condition all certificates of occupancy issued under the
authority of approvals granted in the resolution, institute and prosecute litigation to compel
their compliance with said conditions or seek damages for their violation. The Applicant
shall be notified ten (10) days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City
within a reasonable and diligent time frame.
XI.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition, and that in the event that
anyone or more terms, provision, or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this Resolution shall be deemed to be
automatically revoked and of no further force and effect.
Presented by:
Approved as to form by:
James D. Sandoval
Planning and Building Director
Vy~U~
Ann Moore
City Attorney
J:\Atturney\RESO\PLANNING\PCS-06-08 CC (148 Fourth Avenue) reso.doc
14-51
12
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . PROJECT DESCRIPTION:
C) APPLICANl; Michael R. Palumbo MISCELLANEOUS
PROJECT 148 Fourth Av Proposing condominium conversion of existing seven-unit
ADDRESS: . apartment building with seven attached one-car garage and
SCALE: FILE NUMBER: seven open parking spaces.
NORTH No Scale PCS-06-08 Related cases: DRC.Q6-39
J:\ptanning\carlos\locators\pcs0608.cdr 11.28.05
14-52
Exhibit A
CITY COUNCIL
AGENDA STATEMENT
Item: I ~
Meeting Date:07/10/07
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE MAP KNOWN AS
NAPA PLACE, CHULA VISTA TRACT 06-13 TO SUBDIVIDE
1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-
FAMILY RESIDENTIAL LOTS AND ONE (I) COMMON LOT
CONTAINING THE PRIVATE ACCESS ROAD AND GUEST
PARKING. ~
DIRECTOR OF PLANNING AND BUlLDlNG~
CITY MANAGER
ACTING ASSIST
",,;>1
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
--
BACKGROUND
On February 22, 2007, a neighborhood meeting was conducted to discuss the tentative map
proposal. Questions and concerns expressed at the neighborhood meeting included: 1) private road
access; 2) lot sizes; and 3) traffic. Each of these issues will be discussed in detail in the body of this
report.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has conducted an Initial Study, IS-06-020, in
accordance with the California Environmental Quality Act. Based upon the results of the Initial
Study, the Environmental Review Coordinator has determined that the project could result in
significant effects on the environment. However, revisions to the project made by or agreed to
by the applicant would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur; therefore, the Environmental Review Coordinator has prepared a
Mitigated Negative Declaration, IS-06-020 and associated Mitigation Monitoring and Reporting
Program.
15-1
PCS-06-13
Page No.2
RECOMMENDATION
That the City Council adopt the attached Resolution, PCS-06-13, I) adopting Mitigated Negative
Declaration IS-06-020; 2) approving the proposed Tentative Subdivision Map known as Napa
Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Ave into nine (9) Single
Family Residential lots and one (I) common lot containing the private access road and guest
parking, based on the findings and subject to the conditions contained in the attached City Council
Resolutions.
BOARDS/COMMISSION RECOMMENDATION
On May 7,2007, the Resource Conservation Commission (RCC) determined that the Initial Study
IS-06-020 for the Project was adequate, and recommended adoption of the Mitigated Negative
Declaration IS-06-020.
The Planning Commission considered this proposal on June 13,2007 and voted 7-0-0 in favor of
recommending that the City Council approve the proposed Tentative Subdivision Map known as
Napa Place, Chula Vista Tract 06-13 allowing to subdivide 1.7 acres at 445 First Ave into nine
(9) Single Family Residential lots and one (I) common lot containing the private access road and
guest parking.
DISCUSSION
Project Site Characteristics:
The Project site is located on the east side of First Avenue between "G" and "H" Streets. The
Project site is rectangular in shape (235' X 320'). The property gradually slopes from north to
south approximately 10- ft. Access to the site is from First Avenue. The northern terminus of
Corte Helena Avenue adjoins the project site, but no access is taken from Corte Helena Avenue.
A single family home and other accessory structures presently occupy the western end of the
property and the remaining land is currently vacant. The existing surrounding land uses are as
follows:
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential Low Medium
Residential Low Medium
Residential Low Medium
Residential Low Medium
Residential Low Medium
RI
RI
RI
RI
RI
Single -Family Residential
Single -Family Residential
Single -Family Residential
Single -Family Residential
Single -Family Residential
15-2
PCS-06-13
Page No.3
Project Description:
The Tentative Subdivision Map consists of nine (9) residential lots served by a 26 ft wide private
road, connecting the project to First Avenue. Eight guests parking stalls strategically located to
serve all lots (see Project Plans, Attachment E). No access to and from Corte Helena Avenue is
proposed as part of this tentative subdivision map.
The individual lots are rectangular in shape and range in size from 6,072 sq. ft. to 7,670 sq. ft.
Six of the nine lots (lots 4-9) feature 100% level building pads and three lots (lots 1-3) features a
minor slope condition along the north property line. Access to the individual lots are directly and
exclusively from the private road (see Project Plans, Attachment E).
In order to create the above-mentioned building pads, grading of the site would consist of
moving approximately 3,000 cu. ft. of soil, by either removing soil from one location to another
or bringing in additional soil to create a level pad area.
Analysis:
Subdivision Design
The subdivision design consists of nine lots served by a "T" shaped private road taking access to
First Avenue. The private road is 26 ft wide with sidewalk on one side (north side), rolled curbs
and no parking on either side. No access is proposed on Corte Helena Avenue. At the
neighborhood meeting of February 22, 2007, some of the residents asked questions if the
applicant is proposing any future openings onto Corte Helena Avenue. The applicant stated that
there is no current plan now or in the future to allow access through Corte Helena Avenue.
The lots are rectangular in shape with frontage along the private drive to accommodate an access
driveway and landscaping areas within the required building setback. The subdivision provides
eight (8) perpendicular parking spaces throughout the project. The homeowners association,
required as part of this Tentative Subdivision Map, will be responsible for the maintenance of the
private road and on-site parking.
At the neighborhood meeting of February 22, 2007, some of the residents asked questions
regarding the lot sizes in relation to the surrounding properties. The existing surrounding lot sizes
average about 7,600 square feet, which is typical for the R-l single-family area, with the
exception of the parcel adjacent to the site to the north, which consist of 1.86 acres. Pursuant to
Section 19.24.080 of the Chula Vista Municipal Code, twenty percent of the lots created by said
subdivision may be reduced to 6,000 square -feet, and ten percent of the lots thus created may be
reduced to 5,000 square feet, provided that the average lot size of all the lots within the
subdivision shall equal a minimum of 7,000 square feet. The proposed subdivision features seven
lots that meet the minimum 7,000 sq. ft. requirement and two lots that meet the minimum
6,000 sq. ft. requirement, with an average lot size of7,000 sq. ft.
15-3
PCS-06-13
Page No.4
The private road is proposed to be gated with a wrought iron fence and entry gate. The gate would
be located approximately 45-ft from the curb line along First Avenue, allowing 2-vehicle queuing.
The gate would remain open from 7:00 a.m. to 7:00 p.m. When the gate is closed, owners would
use their remote control button to open the gate. Guests will use a phone intercom system. Due to
the width of the private street and the need to maintain emergency vehicle clearance, the phone
intercom system would be mounted on the passenger side approximately 10-ft in front of the gate.
All service provides would be furnished with a code number to access the site. The Police and
Fire Departments would require electronic apparatus, such as Opticom strobe entry system, and a
Knox override switch to insure emergency vehicles would have access without delaying their
response time. The City Engineer has reviewed the location of the gate and has determined that
the normally required ISO-foot queuing distance could be waived based on the number oflots in
this subdivision.
Overall the Subdivision design is in conformance with the City's Subdivision Manual, Zoning
Ordinance and other associated regulatory documents.
Traffic
The existing traffic volumes are 3,344 Average Daily Traffic (ADT) on First Avenue. The traffic
generated by the project is approximately 72 ADT, which will bring the total to 3,416 ADT. The
increase in traffic is not considered to be a substantial increase in either number of vehicle trips,
volume or capacity along First Ave and surrounding street segments. Thus, the level of service
(LOS) will remain at "c" on First Avenue and the primary access roads. At the neighborhood
meeting of February 22, 2007, some of the residents expressed concern regarding an increase
level of traffic along First A venue. Based on the above, the proposed residential infill project is
not anticipated to result in any significant traffic or circulation impacts.
Drainage
The proposed drainage improvements include two underground detention systems within the site,
porous pavement with underground storage, and detention in a brow ditch. A new outlet may be
required at the center of Corte Helena Avenue pursuant to the final drainage study for the site.
Additional Best Management Practices (BMPs) included as part of the project design consist ofa
storm drain inlet protection system, rip rap outlet protection, protection of access and perimeter
containment measures including open space and landscaped treatments throughout the project
site. No adverse impacts to the City's drainage threshold standards will occur as a result of the
proposed project. The proposed improvements are adequate to handle the project storm water
runoff generated from the site. A final drainage study will be required prior to issuance of any
building permit.
15-4
PCS-06-13
Page No.5
Public Facilities
Sewer
The project site is within the boundaries of the City ofChula Vista wastewater services area. The
existing area sewer facility system includes sewer lines along First A venue and along Alpine
Avenue. There is an existing off-site 8" sewer main along First Avenue right of way, and a 6"
PVC sewer main along Alpine Avenue crossing First Avenue, along the frontage of the proposed
project site. The sewer main needs to be extended from the First Avenue sewer main to the
project via a public utility easement within the private road. Individual lots would be connected
to this sewer main extension. The applicant is required to grant an easement to the City of Chula
Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No
adverse impacts to the City's sewer system, or City's sewer threshold standards will occur as a
result of the proposed project.
Water
According to Sweetwater Authority correspondence dated April 11, 2006 and April 19, 2006, an
existing 6-inch water main is located on the east side of First Avenue, and a 4-inch water main
on the east side of Corte Helena at the south end of the parcel. The Project requires a new looped
8-inch water line connected to First A venue and Corte Helena water mains. The 8-inch water line
extension would be a public facility within the private road. The Owner must submit a plumbing
plan that includes the total fixture unit count of all existing and new plumbing fixtures, so that
the appropriate service size( s) for each individual lot can be determined.
Emergencv Services
The terminus of the private street will be a l84-ft hammerhead. The Fire Department has
reviewed the proposal and approved the proposed turn-around radius. A private fire hydrant shall
be installed at the hammerhead in accordance with the requirement of the Fire Department..An
Opticom strobe entry system and a Knox override switch would be required at the gate to
provide access for emergency vehicles.
Parks and Open Space
There are two parks nearby located near the Project site. Norman Park is located .47 miles and
Memorial Park is located .54 miles northwest of the Project site. The Applicant will be required
to pay in-lieu park fees.
Schools
The project is within the boundaries of the Chula Vista Elementary School District, which serves
children Kindergarten through Grade 6. The nearest public schools are Hilltop Drive Elementary,
.35 miles, Hilltop Middle School, .71 miles, and Hilltop High School, .53 miles southeast of the
Project site. The Applicant will be required to pay applicable school development fees based
upon assessable area.
15-5
PCS-06-13
Page No.6
Proiect Compliance with Growth Management
This project is below the threshold number of dwellings required to prepare a Water
Conservation or Air Quality Improvement Plan.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of City Council and has found no property holdings
within 500 feet of the boundaries of the property which is subject to this action.
CONCLUSION:
This Project is consistent with the Single-Family Residential (Rl) Zone, General Plan
designation of Residential Low Medium, and all other applicable codes and regulations of the
Municipal Code.
For the reasons stated above, staff recommends that the City Council adopt the attached
Resolution, PCS-06-13, 1) adopting Mitigated Negative Declaration IS-06-020; 2) approving the
proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide
1.7 acres at 445 First Ave into nine (9) Single Family Residential lots and one (1) common lot
containing the private access road and guest parking, based on the findings and subject to the
conditions contained in the attached City Council Resolutions.
FISCAL IMPACT
The application fees and processing cost are paid for by the Applicant.
ATTACHMENTS
A. Locator Map
B. Planning Commission Resolution
C. Mitigated Negative Declaration
D. Disclosure Statement
E. Project Plans
Prepared by: Caroline Young, Assistant Planner, Planning Division
J:\Planning\Caroline\Discretionary Permits\PCS~06-13-CC Staff Report
15-6
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICAm Napa Place LP. SUBDIVISION
PROJECT . A Request: Proposed Tentative SubdMsion Map to subdMde a 1.7
ADDRESS: 445 First v acre parcel into nine single-family residential lots.
SCALE: FILE NUMBER:
NORTH No Scale PCS-06-13 Related cases: 18-06-020
J:\plannjng\carlos~ocators\pcs0613.cdr 05.11.07
15-7
A TT ACHMENT A
RESOLUTION NO. PCS-06-13
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE A TENTATIVE MAP KNOWN AS NAPA PLACE,
CHULA VISTA TRACT 06-13 TO SUBDIVIDE 1.7 ACRES AT
445 FIRST AVENUE INTO NINE (9) SINGLE-FAMILY
RESIDENTIAL LOTS AND ONE' (1) COMMON LOT
CONTAINING THE PRIVATE ACCESS ROAD AND GUEST
PARKING~ NAPA PLACE, LP.
WHEREAS, on March 27, 2006, a duly verified application was filed with the City ofChula
Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting approval of a
Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at
445 First Avenue into nine (9) Single Family Residential lots and one (1) common lot containing the
private access road and guest parking ("Project"); and,
WHEREAS, the area ofland which is the subject matter of this Resolution herein consists of
a 1.7-acre lot located at 445 First Avenue ("Project Site"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study,
IS-06-020, in accordance with the California Environmental Quality Act. Based upon the results of
the Initial Study, the Environmental Review Coordinator has determined that the project could result
in significant effects on the environment. However, revisions to the project made by or. agreed to by
the applicailt would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration, IS-06-020 and associated Mitigation Monitoring and Reporting Program; and,
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, 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 500 feet of the
exterior boundaries of the property, at least 10'days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
June 13,2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth
A venue, before the Planning Commission, and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission having received certain evidence on June 13,2007, as
set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution PCS-06-13 herein, and recommended that
the City Council approve the Project based on certain terms and conditions.
15-8
^ TT A rlTh,fPNT R
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution approving the
Project in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy ofthis resolution be transmitted to the City
Council. .
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 13th day of June, 2007, by the following vote, to-wit:
AYES:
Vinson, Moctezuma, Bensoussan, Felbers, Tripp, Clayton, Spethman
NOES:
ABSENT:
~'ChW
ATTEST:
15-9
Mitigated Negative Declaration
PROJEC:r NAME: Napa Place
PROJECT LOCATION: 445 First Avenue
ASSESSOR'S PARCEL NO.: APN #563-290-0400
PROJECT APPLICANT: Napa Place LP
Fernando Orvananos
CASE NO.: IS-06-020
DATE OF DRAFT DOCUMENT: Aori123. 2007
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: Mav 7.2007
DATE OF FINAL DOCUMENT:
June 1. 2007
Revisions made to this document subsequent to lbe issnance of the notice of availability of the draft Mitigated
Negative Declaration are denoted by underline.
A. Pro; ect Setting
. The 1.7-acre project site is located at 445 First Avenue, within the urbanized area of Western Chula
Vista, (Exhibit 1- Locator Map). The site is adjacent to Alpine Ave, Alvarado Street, and Corte
Helena Avenue and between G Street and H Street. Primary access to the site is currently provided
off of First Avenue. The entire project site has been partially disturbed with previous uses including a
single-family residence and garage/shed. The land uses immediately surrounding the project site are
as follows:
North;
South;
East:
West:
Single-Family Residential
Single-Family Residential
Single-Family Residential
Single-Family Residential
B. Pro;ect Description
The proposal consists of subdividing the project site into 9 single-family parcels. Access to the site
would be provided via a private road entrance off of First Avenue. The project includes the
demolition of an existing single-family residence and garage/shed. Proposed on-site improvements
include drainage facilities, sewer system facilities, fIre hydrants, retaining walls, fencing, improved
paved areas, open space and landscape treatments. The proposal consists of a Tentative Map
application, The project is identifIed as developable area within the City of Chula Vista Multiple
Species Conservation Program Subarea Plan.
I
15-10
ATTACHMENTC
C. Compliance with Zonin!! and Plans
The proposed project site is within the General Plan RLM (Low-Medium Residential Density/3-6
dwelling units per acre) and Rl (Single-Family Residential) Zone. The proposed project has been
found to be consistent with the applicable site development regulations and the General Plan.
D. Public Comments
On May 23,2006, a Notice of Initial Study was circulated to property owners within a 500-foot radius
of the proposed project site. The public review period ended June I, 2006. Two verbal comments
were received during this period regarding the land use and density. These issues are addressed in the
Planning staff report.
On April 24. 2007 a Notice of A vailabilitv of the Proposed Miti!!ated Ne!!ative Declaration for the
proiect was posted in the County Clerk's Office and circulated to property owners within a 500-foot
radius of the proiect site. The 30-dav public comment period closed on Mav 24. 2007. No written
public comments were received durin!! the public review period.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project may have potential significant environmental
impacts however; mitigation measures have been incorporated into the project to reduce these impacts
to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance
with Section 15070 of the State of California Quality Act (CEQA) Guidelines.
Air Oualitv
Short- Term Construction Activities
The proposed project will result in a short-term air quality impact created from construction activities
associated with the proposed project. The grading of the site for future single-family residential
development and worker and equipment vehicle trips will create temporary emissions of dust, fumes,
equipment exhaust, and other air pollutants associated with the construction activities. Air quality
impacts resulting from construction-related operations are considered short-term in duration.
In order to analyze potential project impacts/emissions, the emission factors and threshold criteria
contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air
Quality Analysis were used.
Table 1 below provides a comparison of daily construction emissions to the SCAQMD's emission
thresholds of significance for each criteria pollutant. Emissions were calculated using the URBEMIS
2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant
impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate
short-term construction-related air quality impacts to below a level of significance. These measures
are included as a part of the Mitigation Monitoring and Reporting Program.
Combined Short-Term and Long- Term Impacts
In order to assess whether the project's contribution to ambient air quality is cumulatively
considerable, the project's operational emissions were quantified. The proposed project once
developed will not result in significant long-term air quality impacts. The minimal project generated
traffic volume would not result in significant long-term local or regional air quality impacts. Through
project design, emission-controlled construction vehicles and efficiency building product, no area
2
15-11
source or operational vehicle emission estimates will exceed the Air Quality significance thresholds;
therefore, no mitigation measures are required. Refer to Table 2.0 below.
Biological Resources
A Biological Resource Analysis was prepared by Tierra Environmental Services, Inc., dated
February 7, 2007, to assess the potential biological resource impacts of the project. A biological
reconnaissance survey of the project site was conducted on May 23, 2006 to identify existing
vegetation on the site. The biological resource analysis is summarized below.
Existing Conditions
The 1.7-acre project site consists entirely of developed and disturbed vegetation. Developed
vegetation consists of ornamental landscaped areas and non-native cultivated vegetation. The
disturbed vegetation area is now dominated by non-native plants and approximately 40-60 ornamental
trees primarily Brazilian Pepper and Chinese elm. A portion of the northern property is currently
vacant and undeveloped.
The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area
designated as a "Development Area." Under the Subarea Plan, the proposed project is not subject to
the requirements under the Habitat Loss Incidental Take (HUT) Ordinance.
Wildlife/Sensitive Species/Sensitive Habitats
The biological report stated that wildlife species such as birds and butterflies occupied the site.
Although the project area may support some small mammal and reptile species, none were detected
during the survey.
No potential appropriate habitat for any of the sensitive species reported occurred on-site. Although
no raptors were observed during the site survey, large trees occurring on-site may provide suitable
habitat for Cooper's hawk (Accipiter cooperi) which is a covered species under the city of Chula
Vista's MSCP Subarea Plan and a State species of special concern. Existing tall trees on site may also
provide nesting habitat for a variety of migratory birds further discussed in Project Impact section
below.
Sensitive habitats include those communities considered unique because they host many species of
plants and animals that are rare of substantially depleted. In accordance with the City of Chula Vista
MSCP, these developed and disturbed vegetation areas are not considered sensitive habitats.
Project Impact
The existing lot supports a number of 40 to 60 foot ornamental trees. The proposed removal of these
trees during development will impact potential habitat for the Cooper's Hawk and other migratory
bird species if the development occurs during the breeding season between January 15 through
August 31. If construction must occur during the breeding season, pre-construction surveys shall be
conducted to determine the presence or absence of nesting raptors. Therefore, the proposed project
may result in impacts to sensitive biological resources and mitigation measures are required.
Further mitigation measures include clearing, grubbing or grading permits, and temporary orange
biological fencing to be installed around the Brazilian Pepper, Chinese elm, and other mature tall
trees that may provide nesting habitat for migrant birds. The City-approved biologist will delineate
the dripline of the trees and monitor the installation of the temporary fencing. Implementation of the
mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce
potentially significant biological impacts to a level below significance.
3
15-12
Habitat Loss Incidental Take (HilT) Permit
The project area is located within an area designated by the City of Chula Vista Subarea Plan as
Developed Areas Outside of City of Chula vista Covered Projects and where it has been demonstrated
that no Sensitive Biological Resources exits. Thus, the project is exempt from the City of Chula Vista
Habitat Loss and Incidental Take Ordinance (Section 17.35 of the CYMe).
Geology and Soils
To assess the potential geological/soils impacts of the project, a Geotechnical Investigation evaluation
was prepared by Allied Earth Technology, dated July 2005. No groundwater was encountered on the
site. No major groundwater related problems, either during or after construction, are anticipated. No
significant geological or soil impacts would be created as a result of the proposed project as
conditioned.
The site was graded previously with the development of the existing house and garage/shed. Proposed
fill grading will occur over the entirety of the 1.+7 -acre site. Grading includes 800 cubic yards to be
excavated, fill of 1,500 cubic yards, and 700 cubic yards of soil imported with a maximum cut and fill
slope ratio of 2: 1.
The preparation and submittal of a final soils report will be required prior to the issuance of a grading
permit as a standard engineering requirement. According to the City's Engineering Division, the
project will require a grading permit. In order to prevent silt discharge during construction, the
developer will be required to comply with best management practices in accordance with NPDES
Order No. 2001-01. The appropriate erosion control measures would be identified in conjunction
with preparation of final grading plans and would be monitored and implemented during construction
by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage
systems would be less than significant. The mitigation measures contained in Section F below would
mitigate potential geological/soils impacts to a less than significance level. These measures are
included as a part of the Mitigation Monitoring and Reporting Program.
Hazards
The project proposal includes the demolition of the existing residence, and garage/shed. The
potential exists for impacts to result from the demolition of structures that may contain lead and
asbestos. Therefore, prior to any demolition activities, a licensed and registered asbestos and lead
abatement contractor will perform asbestos and lead-based paint abatement in accordance to all
applicable local, state and federal laws and regulations, including San Diego County Air Pollution
Control District Rule 361.145 - Standard for Demolition and Renovation. The mitigation measures
contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less
than significant level. These measures are included as a part of the Mitigation Monitoring and
Reporting Program.
Hvdrology and Water Oualitv
Existing
The existing site drainage flows toward properties south of the site, First Avenue and Corte Helena
Avenue. There is an existing 27 inch drainage pipe and curb inlet located north ofH Street on the east
side of First Avenue and an existing 27 inch drainage pipe and curb inlet located at H Street just east
of First A venue. Other existing on-site and off-site drainage is divided into sub-basins. Adjacent
properties north and east of the site sheet flow onto the project property.
4
15-13
Proposed
According to the Engineering Department, the proposed improvements are adequate to handle the
project storm water runoff generated from the site. The existing flow to First Ave and Corte Helena
were analyzed under the 100-year flood event. The proposed drainage improvements include two
underground detention systems within the site, with porous pavement with underground storage and
detention in the brow ditch. The proposed outlet at the center of Corte Helena, draining a portion of
Sub-basin E2, maybe required to outlet at westerly gutter of Corte Helena. Additional Best
Management Practices (BMPs) included as part of the project design consist of a storm drain inlet
protection system, rip rap outlet protection, protection of access and perimeter containment measures
including open space and landscaped treatments throughout the project site. No adverse impacts to
the City's drainage threshold standards will occur as a result of the proposed project.
As a standard condition, a final drainage study will be required in conjunction with the preparation of
the project grading plans. Properly designed drainage facilities will be installed at the time of the site
development to the satisfaction of the City Engineer. In addition, compliance with required NPDES
regulations and BMPs will reduce water quality impacts to a less than significant level. These
measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F).
Wastewater Services/Sewer System
The project site is within the boundaries of the City of Chula Vista wastewater services area. The
existing area sewer facility system includes sewer lines along First Avenue and along Alpine Ave.
There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer
main along Alpine Avenue crossing First Avenue along the frontage of the proposed project site. The
applicant will be required to submit a final sewer study to the satisfaction of the City Engineer. The
applicant is required to grant an easement to the City of Chula Vista wastewater services for the
purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system
or City's sewer threshold standards will occur as a result of the proposed project.
F. Mitigation Necessary to Avoid Significant Imoacts
Air Qualitv
I. The following air quality mitigation requirements shall be shown on all applicable grading, and
building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless
approved in advance in writing by the City's Environmental Review Coordinator:
. Minimize simultaneous operation of multiple construction equipment units.
. Use low pollutant-emitting construction equipment.
. Use electrical construction equipment as practical.
. Use catalytic reduction for gasoline-powered equipment.
. Use injection-timing retard for diesel-powered equipment.
. Water the construction area twice daily to minimize fugitive dust.
. Stabilize graded areas as quickly as possible to minimize fugitive dust.
. Pave permanent roads as quickly as possible to minimize dust.
. Use electricity from power poles instead of temporary generators during building, if
available.
. Apply stabilizer or pave the last 100 feet of internal travel path within a construction site
prior to public road entry.
. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads.
. Remove any visible track-out into traveled public streets within 30 minutes of occurrence.
5
15-14
. Wet wash the construction access point at the end of each workday if any vehicle travel on
unpaved surfaces has occurred.
. Provide sufficient perimeter erosion control to prevent washout of silty material onto public
roads.
. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during
hauling.
. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per
hour.
Biological Flesources
2. To avoid any direct impacts to nesting Coopers' hawk and other nesting migratory birds
occur during construction (including clearing and grubbing), construction activities should
occur outside of the raptor and general avian breeding season (January IS through August 31)
If construction must occur during the breeding season, pre-construction surveys shall be
performed by a City-approved biologist to determine the presence or absence of nesting
raptors within 300-feet of the construction area. The pre-construction survey shall be
conducted within 10 calendar days prior to the start of any construction related activities
(including removal of vegetation), the results of which must be submitted to the City's
Environmental Proj ects Manager for review and approval. If nesting raptors are detected by
the City- approved biologist, a biological monitor shall be present on-site during construction
to minimize construction impacts and ensure that nest should be removed or disturbed until
all young have fledged.
3. Prior to issuance of any land development permit, including clearing, grubbing or grading
permits, temporary orange biological fencing shall be installed around the Brazilian Pepper,
Chinese elm, and other mature tall trees that may provide nesting habitat for migrant birds.
Fencing shall be constructed in accordance with the development plans to the satisfaction of
the Environmental Fleview Coordinator. The City's Mitigation Monitor will conduct periodic
site visits to verify the placement of the biological fencing and to ensure that all construction
activities remain within the approved limits of grading.
Geological
4. Prior to the issuance of construction permits, the applicant shall provide evidence to the City
Engineer that all the recommendations in the Allied Earth Technology, dated July 2005 have
been satisfied.
Hazards/Hazardous Materials
5. Prior to any demolition activities, a licensed and registered asbestos and lead abatement
contractor shall perform asbestos and lead-based paint abatement in accordance to all
applicable local, state and federal laws and regUlations, including San Diego County Air
Pollution Control District Flule 361.145 - Standard for Demolition and Flenovation.
Hvdrology and Water Oualitv
6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction
with the preparation of the final grading plans and must demonstrate that the post-development
peak flow rate does not exceed the pre-development flows as indicated in the Drainage Study
dated September 27,2006, and to the satisfaction of the City Engineer. Additionally, the City
6
15-15
Engineer shall verify that the tinal grading plans comply with the provisions of California
Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to
construction-related water quality best management practices. If one or more of the approved
post construction BMPs is non-structural, then a post-construction BMP plan shall be prepared
to the satisfaction of the City Engineer prior to the commencement of construction.
Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring
and Reporting Program.
7. Prior to the issuance of a grading permit, temporary desilting and erosion control devices shall be
installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from
entering the storm drain system. These measures shall be reflected in the grading and
improvement plans to the satisfaction of the City Engineer and Environmental Projects Manager.
8. Prior to issuance of street improvement permit, a final sewer study will be required to the
satisfaction of the City Engineer. The applicant is required to grant an easement to the
City of Chula Vista wastewater services for the purpose of maintenance of the proposed
sewer lines.
G. Agreement to Implement Mitigation Measures
. ~By-signing the line(s) provided below, the Applicant and Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the. satisfaction of the Environmental Review
Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative
Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the
Project be held in abeyance without approval and that the Applicant and Operator shall apply for an
Environmental Impact Report.
ff t2AJfr1J Dh () {( v/lJJlilJO ~
Printed Name Title of Applicant
(or authorized re entative)
'I - ). 3- () 7-
Date
Signature of
(or authorize
L/ - Z 3 .- 0 +-
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
Date
N/A
Signature of Operator
(if different from Applicant)
Date
7
15-16
H. Consultation
I. Individuals and Organizations
City ofChula Vista:
Steve Power, Planning and Building Department
Luis Hernandez, Planning and Building Department
Maria Muett, Planning and Building Department
Josie Gabriel, Planning and Building Department
Jeff Steichen, Planning and Building Department
Lynnette Lopez, Planning and Building Department
Kirk Ammerman, Engineering Department
Khosro Aminpour, Public Works Operations
Tom Adler, Engineering Department
Silvester Evetovich, Engineering Department
Jim Newton, Engineering Department
Ben Herrera, Engineering Department
Gary Edmonds, Fire Department
Others:
Dee Peralta, Chula Vista Elementary School District
Sweetwater Authority
2. Documents
City of Chula Vista General Plan, 2005 (as amended).
Title 19, Chula Vista Municipal Code.
Final Environmental Impact Report, City of Chula Vista General Plan Update, ErR No. 05-01,
December 13,2005.
City of Chula Vista MSCP Subarea Plan, February 2003.
Biological Resources Technical Report for the Napa Place Condominium Project, Chula Vista,
Tierra Environmental Services, Inc., February 7, 2007 and associated addendum dated April
2007.
Drainage Study for Napa Place, Chula Vista, Burkett & Wong, September 27,2006.
Water Quality Technical Report for Napa Place, 445 First Ave, Chula Vista, Burkett & Wong,
November 19, 2006
Soils Investigation for 445 First Ave, Chula Vista, Allied Earth Technology, July 2005.
Cultural Resources Survey Report for Napa Place Project, 445 First Ave, Chula Vista, Tierra
Environmental Services, Inc., June 2006.
Air Quality URBEMIS Model, April 2007
8
15-17
3. Initial Studv
This environmental determination is based on the attached Initial Study, and any comments
received in response to the Notice of Initial Study. The report reflects the independent judgment
of the City of Chula Vista. Further information regarding the environmental review of this
project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
Date:
(, / / 07
.
J:\Planning\Caroline\Environmental\ Initial Study\445 First Ave Napa Place\IS-06-020FinaIMND.doc
9
15-18
C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTlON:
C) APPLICANT: Napa Place LP INITIAL STUDY
PROJECT 5 F A Request: Proposed Tentative Subdivision Map to subdivide a
ADDRESS: 44 Irst v 1.7-acre parcel into nine single-family residential lotS.
SCALE: FILE NUMBER:
NORTH No Scale IS-06-020 Related cases: PCS'{)6-13
J:\planning\carlos\lacators\isOe020.cdr 03.26.07
15-19
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EXHIBIT 2
ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
NAPA PLACE- IS-06-020
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed Napa Place project. The proposed project has been evaluated
in an Initial StudyIMitigated Negative Declaration prepared in accordance with the California
Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06-020) The
legislation requires public agencies to ensure that adequate mitigation measures are implemented
and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Geology and Soils
4. Hazards and Hazardous Materials
5. Hydrology and Water Quality
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Projects Manager and City Engineer of the City ofChula Vista. The
applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Projects Manager and City
Engineer. The applicant shall provide evidence in written form confirming compliance with the
mitigation measures specified in Mitigated Negative Declaration IS-06-020 to the Environmental
Projects Manager and City Engineer. The Environmental Projects Manager and City Engineer
will thus provide the ultimate verification that the mitigation measures have been accomplished.
Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-06-020, which will be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
J:\Planning\Caroline\Environmental\Initial Study\445 First Ave Napa Place\IS-06-020MMRPtext.doc
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-11-
ENVIRONMENTAL CHECKLIST FORM
ellY OF
CHULA VISTA
1. Name of Proponent:
Napa Place LP
Fernando Orvananos
2. Lead Agency Name and Address:
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent:
311 F Street, Suite 204
Chula Vista, CA 91910
(619) 425-7800
4. Name of Proposal:
Napa Place
5. Date of Checklist:
April 23, 2007
6. Case No.:
IS-06-020
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create a new source of substantial light or glare, 0 0 0 .
which would adversely affect day or nighttime views
in the area?
1
15-26
Comments:
a-b) The proposal includes the development of nine single family residential units with site improvements
in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. The
proposed landscape improvements would enhance and improve the aesthetic quality of the
neighborhood street, First Avenue. The proposed project would not damage any scenic resources,
vegetation, or historic buildings within a state scenic highway. The project site contains no scenic
vistas or views open to the public. The development layout is designed not to block any private vista
views from the existing and proposed residential units.
c) The proposal is an infill residential development project. The proposed project will not substantially
degrade the existing visual character or quality of the project site or its adjacent residential
surroundings. The project site is planned for residential development according to the General Plan
Land Use regulations.
d) The proposal will be required to comply with the City's minimum standards for roadway lighting.
The project will be required to comply with the light and glare regulations (Section 19.66.100) of the
Cbula Vista Municipal Code (CYMe). Compliance with these regulations will ensure that no
significant glare, or light would affect daytime or nighttime views in the surrounding residential
neighborhood area.
Mitil!ation:
No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Signifiunt
Impact
No Impact
II. AGRICULTURAL RESOURCES. Would the
project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
Agency, to non-agricultura1 use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
o
o
o
.
o
o
o
.
c) Involve other changes in the eXIstIng enviromnent,
which, due to their location or nature, could result in
conversion ofFarm1and, to non-agricultura1 use?
o
o
o
.
2
15-27
Comments:
(a-c) The project site and the surrounding properties are developed with one single family house on each lot.
These properties are consistent with the Chula Vista General Plan and zoning designation, and contain
no agricultural resources or designated fannland. The proposal would not convert Prime Fannland,
Unique Farmland or Farmland of Statewide Importance to non-agricultural use and no impacts to
agricultural resources would be created as a result of the proposed project.
Mitil!ation: No mitigation measures are required.
Issues:
ID. AIRQUALITY. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions, which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
3
15-28
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
Comments:
a, b, and e) The project site is located within the San Diego Air Basin (SDAB). The proposal would
generate insignificant amounts of additional traffic. The proposal would not conflict with air
quality plans or standards. For these reasons, the proposed project would not result in any
significant long-term local or regional air quality impacts.
c and d) See Mitigated Negative Declaration, Section E.
Mitieation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant air quality impacts to a level ofless than significance.
Issues:
IV.BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by
the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
4
15-29
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
o
.
Issues:
d) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
e) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
a-d, and f) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
o
o
No Impact
.
.
e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation policy
or ordinance would result from the proposed project development.
Mitil!ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially
significant biological resource impacts to a level ofless than significance.
Issues:
v. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance
of a historical resource as defined in State CEQA
Guidelines ~ 15064.5?
b) Cause a substantial adverse change in the significance
of an archaeological resource pursuant to State CEQA
Guidelines ~ 15064.5?
5
15-30
Potentially
Significant
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
o
o
No Impact
.
.
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
C) Directly or indirectly destroy a unique paleontological 0 0 0 .
resource or site or unique geologic feature?
d) Disturb any hwnan remains, including those interred 0 0 0 .
outside offormal cemeteries?
Comments:
a) According to the Cultural &rourres 5 u~ Report prepared by Tierra Environmental Services, Inc., the proposed
project will not constitute a substantial, adverse change to the significance of an historical resource as the
residence has been detennined by the analysis not to be historically or architectura1ly significant within the
project impact area. Therefore, no substantial adverse change in the significance of a historical resource as
defined in Section 15064.5 is anticipated and no mitigation measures are required.
b) Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to
archaeological resource as defined in Section 15064.5 is not anticipated.
c) Based on the level of previous disturbance to the site and the relatively limited amount of additional
grading for the proposed project, no impacts to unique paleontological resources or unique geologic
features are anticipated.
d) No human remains are anticipated to be present within the impact area of the project site.
Mitigation:
No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk ofloss, injury or death
involving:
o
o
o
.
I. Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault?
o
o
o
.
6
15-31
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
11. Strong seismic ground shaking? 0 0 0 .
111. Seismic-related ground failure, including liquefaction? 0 0 0 .
lV. Landslides? 0 0 0 .
b) Result in substantial soil erosion or the loss of topsoil? 0 0 . 0
c) Be located on a geologic unit or soil that is unstable, 0 . 0 0
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, creating substantial risks 0 0 . 0
to life or property?
e) Have soils incapable of adequately supporting the use 0 0 0 .
of septic tanks or alternative wastewater disposal
systerns where sewers are not available for the
disposal of wastewater?
Comments:
a) The site has been previously graded and developed with single family residential units. There are no
known active faults existing on the project site or in the immediate area. The closest known active fault is
the Rose Canyon Fault located approximately 6.8 miles south of the project site. Therefore, project
compliance with applicable Uniform Building Code standards would adequately address any building
safety/seismic concerns.
b-d) See Mitigated Negative Declaration, Section E.
e) No septic tanks will be used for this project, since the site will be connected to the existing City sewer
system.
Miti2ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially
significant geological impacts to a level ofless than significance.
7
15-32
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to the public or the 0 . 0 0
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the 0 . 0 0
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or 0 0 0 .
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of 0 0 0 .
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an aiIport land use plan or, 0 0 0 .
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people residing
or working in the project area?
f) For a project within the vicinity of a private airstrip, 0 0 0 .
would the project result in a safety hazard for people
residing or working in the project area?
g) hnpair implementation of or physically interfere with 0 0 0 .
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk ofloss, 0 0 0 .
injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
8
15-33
Comments:
a and b) See Mitigated Negative Declaration, Section E (Hazards/Hazardous Materials).
c) The proposed project site is not located within one-quarter mile of an existing school. The proposed
project will not emit acutely hazardous emissions or materials, therefore, will not create a significant
impact to the schools within the surrounding area.
d) The proposed project is not located on a site included on the hazardous list pursuant to the Government
Code Section 65962.5, therefore, will not create a significant impact to the public or the environment.
e) The project is not located within an airport land use plan nor within two miles of a public airport or public use
airport; therefore, the project would not expose people residing or working in the project area to adverse safety
hazards.
f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not
expose people working in the project area to adverse safety hazards.
g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation
requirements. The proposed fire improvements include an emergency turning radius and fire hydrant. No
impairment or physical interference with the City's emergency response plan is anticipated.
h) The project is designed to meet the City's Fire Prevention building and fire service requirements. No exposure
of people or structures to a significant risk of]oss, injury or death due to wildfires is anticipated.
Mitil!ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant Hazards/Hazardous Materials impacts to a level ofless than significance.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Signifinnt
Impact
No Impact
VIII. HYDROLOGY AND WATER QUAUTY.
Would the project:
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water bodies
pursuant to the Clean Water Act Section 303(d)
list), result in significant alteration of receiving
water quality during or following construction, or
violate any water quality standards or waste
discharge requirements?
o
.
o
o
9
15-34
Issues:
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would
not support existing land uses or planned uses for
which permits have been granted)? Result in a
potentially significant adverse impact on
groundwater quality?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
a stream or river, substantially increase the rate or
amount of surface runoff in a manner which would
result in flooding 00- or off-site, or place structures
within a 1 DO-year flood hazard area which would
impede or redirect flood flows?
e) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding
as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would exceed
the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
Comments:
a-d, and f) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
o
.
o
o
.
o
o
o
o
.
e) The proposal would not expose people or structures to significant risk of loss or injury or death involving
flooding.
Mitie:ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant Hazards/Hazardous Materials impacts to a level ofless than significance.
10
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IX. LAND USE AND PLANNING. Would the
proj ect:
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Physically divide an established community?
o
o
o
.
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over
the project (including, but not limited to the
general plan, specific plan, local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
o
o
o
.
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
o
.
o
o
Comments:
a) The project site is surrounded with single family residential. The proposed residential infill project would
be consistent with the character of the immediate surrounding residential area and would not disrupt or
divide an established community; therefore, no significant land use impact would occur as a result of the
project.
b) The project site is located within the Rl (Single-Family Residential) Zone and RLM (Low-Medium
Density) General Plan land use designation. The project bas been found to be consistent with the all-
respective zoning regulations, General Plan guidelines and regulations, therefore; no significant land use
impacts are anticipated.
c) Refer to Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting
and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section, under
Biological Resources.
Mitil!ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially
significant Land UseIPlanning impacts to a level ofless than significance (refer to Biological Resources Section).
11
15-36
Issues:
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
Comments:
Potentially
Signifiuot
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
No Impact
o
.
o
.
a) The project site has been previously disturbed with the existing single-family residential land use. The
proposed project would not result in the loss of availability of a known mineral resource of value to the
region or the residents of the State of California.
b) The State of California Department of Conservation has not designated the project site for mineral resource
protection. Therefore, no impacts to mineral resources are anticipated as a result of the proposed project.
Mitil!ation:
No rnitigation measures are required.
Issnes:
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
12
15-37
Potentially
Significant
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
No Impact
.
o
.
o
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
C) A substantial permanent increase in ambient noise 0 0 0 .
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase ill 0 0 . 0
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan or, 0 0 0 .
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, 0 0 0 .
would the project expose people residing or working
in the project area to excessive noise levels?
Comments:
a-d) It is anticipated that on-site workers and adjacent residential population may be exposed to construction
noise associated with short-term construction activities. However, the project will be required to comply
with the City's Noise Ordinance. In addition, due to the minimal construction activities associated with
the project, impacts to surrounding residential properties related to construction noise levels are not
expected to be significant. The proposed residential project is not located within the Health Risk
Assessment Area (HRAA), within 500 feet of any adjacent freeway or highway. The project is not
anticipated to potentially violate the noise limits of the City's noise control ordinance.
The project site contains ornamental trees and according to the Biological Resource Study, there is
potential for raptor nesting in these trees. Potential short-term construction noise/raptor nesting impacts
are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources.
e-f) The project is not located within an airport land use plan or within two miles ofa public airport, nor is it located
within the vicinity of a private airstrip. Therefore, the project development would not expose people residing
or working in the project area to excessive noise levels.
Mitil!ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially
significant Noise impacts to a level ofless than significance (refer to Biological Resources Section).
13
15-38
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of road or other infrastructure)?
o
o
o
.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
o
o
o
.
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
o
o
o
.
Comments:
(a-c) The project is surrounded by existing residential development and involves the removal and replacement
of one single family residence. The proposed project does not involve the extension of public facilities
that would induce substantial growth. Future residential development of the site for the proposed 9
single-family residential units is consistent with the General Plan and would not exceed the regional or
local population projections. The proposed project would not involve displacement of existing housing or
individuals.
Mifu!ation:
No mitigation measures are required.
14
15-39
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIII. PUBLIC SERVICES. Would the project:
Result in substantial adverse physical impacts associated
with the provision of new or physically altered
governmental facilities, need for new or physically altered
governmental facilities, the construction of which could
cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any public services:
o
o
o
.
a) Fire protection?
o
o
.
o
b) Police protection?
o
o
o
.
c) Schools?
o
o
o
.
d) Parks?
o
o
.
o
e) Other public facilities?
o
o
o
.
Comments:
a) According to the City of Chula Vista Fire Department, adequate fire protection services can continue to be
provided to the site. The applicant will be required to comply with the Fire Department policies for fire
hydrant placement, fire truck turnaround and new building construction. The City's Fire performance
objectives and thresholds will continue to be met.
b) According to the Chula Vista Police Department, adequate police protection services can continue to be
provided upon completion of the proposed project. The proposed project would not have a significant
effect upon or result in a need for substantial new or altered police protection services. The City's Police
performance objectives and thresholds will continue to be met.
c) The proposed project would not induce substantial population growth; therefore, no significant adverse
impacts to public schools would result. According to the Chula Vista Elementary School District letter
dated June 5, 2006, the applicant would be required to pay the statutory building permit school fees for the
proposed residential construction or an alternative financing mechanism such as participation in or
annexation to a CFD is recommended.
15
15-40
d) The proposed project would not induce significant population growth, as it is a small residential infill
project. However, the applicant shall be required to pay Park Acquisition and Development Fees (PAD) in
accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004.
e) The proposed project would not have a significant effect upon or result in a need for new or expanded
governmental services and would continue to be served by existing public infrastructure.
Mitil!ation:
No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIV. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
o
o
.
o
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities,
which have an adverse physical effect on the
environment?
o
o
o
.
Comments:
a) The proposed project would not induce significant population growth, as it is a small residential infill
project and would not impact existing or proposed recreational facilities. However, the applicant will be
required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945
adopted by City Council on January 6, 2004.
b) The project does not include the construction or expansion of recreational facilities. The project site is not
planned for any future parks and recreation facilities or programs. Therefore, the proposed project would
not have an adverse physical effect on the recreational environment.
Mitil!ation:
No mitigation measures are required.
16
15-41
Issues:
XV. TRANSPORTATION / TRAFFIC. Would the
project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the nwnber of vehicle trips, the volwne to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cwnulatively, a level of
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompal1ble uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or prognuns
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
D
D
D
.
D
D
D
.
D
D
D
.
D
D
D
.
D
D
D
.
D
D
D
.
D
D
D
.
(a,b,d,e) According to the Traffic Engineering Deparhnent, the proposed residential infill project is not
anticipated to result in any significant traffic, circulation or emergency access impacts. The project
generated traffic trips are minimal, approximately 72 Average Daily Trips (ADTs) that is not
considered to be a substantial increase in either number of vehicle trips, volume or capacity along
First Ave and surrounding street segments. The project-generated trips will not exceed the existing
17
15-42
level of service standard LOS "c" at First Avenue and primary access roads. In addition, the level of
service standard established by the county congestion management agency for designated roads or
highways have not been exceeded. Therefore, a traffic study was not required. No significant traffic
impacts will be created as a result of the proposed project.
c) The proposal would not have any significant effect upon any air traffic patterns, including either an
increase in traffic levels or a change in location that results in substantial safety risks.
f) The proposed project includes 9-two car garages with 8 guest parking spaces on Napa Place in
accordance with the Chula Vista Zoning Code. The proposal meets ADA requirements for
accessibility and parking.
g) The closest bus stop is located at the corner of First Avenue and G Street, northwest of project site.
The proposal would not conflict with adopted transportation plans or alternative transportation
programs.
Mitigation:
No mitigation measures are required.
Issues:
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
18
15-43
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
f) Be served by a landfill with sufficient permitted capacity 0 0 0 .
to accommodate the project's solid waste disposal
needs?
g) Comply with federal, state, and local statutes and 0 0 0 .
regulations related to solid waste?
Comments:
a) The project site is located within an urban area that is served by all necessary utilities and service
systems. According to the Engineering Department, no exceedance of wastewater requirements of
the Regional Water Quality Control Board would result from the proposed project.
b) According to Sweetwater Authority correspondence dated April 11, 2006 and April 19, 2006, an
existing 6-inch water main is located on the east side of First Avenue and a 4-inch water main
located on the east side of Corte Helena at the south end of the parcel, to the east boundary. The
proposed improvements will include a new looped 8-inch water main connected to the Authority's
water mains in First Avenue and Corte Helena. The water main extension will be a public main
located in an easement on private property, and the easement will be a minimum of 20 feet wide.
There is also an existing 2-inch water service and a %-inch water service. The Owner must submit a
plumbing plan that includes the total fixture unit count of all existing and new plumbing fixtures, so
that the appropriate service size(s) can be determined. As the water facility improvements are
designed in accordance with water authority standards, no significant impacts to existing facility
systems will occur as a result of the proposed project.
c) The proposed project will result in the construction of new storm water drainage facilities and
expansion of existing facilities. The potential discharge of silt during construction activities could
impact the storm drain system. Appropriate erosion control measures will be identified in
conjunction with the preparation of final grading plans to be implemented during construction. The
proposed project is subject to the NPDES General Construction Permit requirements and shall obtain
permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) and Standard Urban
Storm Water Mitigation Plans (SUSMPs) prior to issuance of grading permits. In. addition, the
project will be conditioned to implement construction and post-construction water quality Best
Management Practices (BMPs) for storm water pollution prevention in accordance with the Chula
Vista Standard Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's
storm drainage facilities are anticipated as a result of the proposed project.
d) The project site is within the potable water service area of the Sweetwater District. Pursuant to
correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main
on the east side of First Avenue and a 4-inch water main located on the east side of Corte Helena at
the south end of the parcel, to the east boundary. The applicant will need to install a new looped 8-
inch water main connected to the Authority's water mains in F irst Avenue and Corte Helena to
service this site. The proposed project will be required to construct expansions to existing water
facilities as described in Section b above. No significant impacts to existing facility systems or the
City's water threshold standards will occur as a result of the proposed project.
19
15-44
e) See XVI.a. and b.
1) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste
needs of the region in accordance with State law.
g) The proposal would be conditioned to comply with federal, state and local regulations related to
solid waste.
Miti!!ation:
See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality and
Hazards/Hazardous Materials Sections. The mitigation measures contained in Section F of the Mitigated
Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level
ofless than significant.
Issues:
Potentially
Significant
Impact
Less Than
Signifh:ant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A) Librarv
o
o
o
.
The City shall construct 60,000 gross square feet (GSF)
of additional library space, over the June 30, 2000 GSF
total, in the area east of Interstate 805 by buildout. The
construction of said facilities shall be phased such that
the City will not fall below the citywide ratio of 500
GSF per 1,000 population. Library facilities are to be
adequately equipped and staffed.
B) Police
o
o
o
.
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority One"
emergency calls within seven (7) minutes and maintain
an average response time to all "Priority One"
emergency calls of5.5 minutes or less.
c) Respond to 57 percent of "Priority Two" urgent calls
within seven (7) minutes and maintain an average
response time to all "Priority Two" calls of?5 minutes
orless.
20
15-45
Issues:
C) Fire and Emergencv Medical
Emergency response: Properly equipped and staffed fire and
medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur during
the peak two hours of the day at signalized intersections.
Signalized intersections west ofI-805 are not to operate at a
LOS below their 1991 LOS. No intersection may reach LOS
"E" or "F" during the average weekday peak hour.
Intersections of arterials with freeway ramps are exempted
from this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is 3 acres
of neighborhood and community parkland with appropriate
facilitiesll ,000 population east ofI-805.
F) Drainage
The Threshold Standards require that storm water flows and
volumes not exceed City Engineering Standards. Individual
projects will provide necessary improvements consistent
with the Drainage Master Plan(s) and City Engineering
Standards.
G) Sewer
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards. Individual
projects will provide necessary improvements consistent
with Sewer Master Plan(s) and City Engineering Standards.
21
15-46
Potentially
Significant
Impact
D
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
D
Less Than
Significant
Impact
D
D
D
.
.
No Impact
.
.
.
D
D
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
H) Water 0 0 . 0
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee off-set program the City of Chula
Vista has in effect at the time of building permit issuance.
Comments:
a) The project would not induce substantial population growth; therefore, no impacts to library facilities would
result. No adverse impact to the City's Library Threshold standards would occur as a result of the
proposed project.
b) According to the Police Department, adequate police protection services can continue to be provided upon
completion of the proposed project. The proposed project would not have a significant effect upon or
result in a need for substantial new or altered police protection services. No adverse impact to the City's
Police Threshold standards would occur as a result of the proposed project.
c) According to the Fire Department, adequate fire protection and emergency medical services can continue to
be provided to the project site. Although the Fire Department has indicated they will provide service to the
project, the project will contribute to the incremental increase in fire service demand throughout the City.
This increased demand on fire services will not result in a significant cumulative impact. No adverse
impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the
proposed project.
d) According to the Traffic Engineering Division, the surrounding street segments will continue to operate in
compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact
to the City's traffic threshold standards would occur as a result of the proposed project.
e) The proposed project would not induce significant population growth, as it is a small residential infill project
and would not impact existing or proposed recreational facilities. However, the applicant will be required
to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by
City Council on January 6, 2004.
f) Based upon the review of the project, the Engineering Department has determined that there are no
significant issues regarding the proposed drainage improvements of the project site. The proposed drain
system includes improvements to existing drainage culverts to handle I DO-year storm events, a series of
inlets, private catch basins and culverts, underground detention systems, discharge controls, and filtering
systems. No adverse impacts to the City's drainage threshold standards will occur as a result of the
proposed project.
22
15-47
g) The project site is within the bOlmdaries of the City of Chula Vista wastewater services area. The existing
area sewer facility system includes sewer lines along First Avenue and along Alpine Ave. There is an
existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine
Avenue crossing First Avenue along the frontage of the proposed project site. The applicant shall be
required to submit a final sewer study to the satisfaction of the City Engineer. The applicant is required to
grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the
proposed sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards
will occur as a result of the proposed project.
h) The project site is within the potable water service area of the Sweetwater District. Pursuant to
correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main
on the east side of First A venue and a 4-inch water main located on the east side of Corte Helena at
the south end of the parcel, to the east boundary. The applicant will need to install a new looped 8-
inch water main connected to the Authority's water mains in First Avenue and Corte Helena to
service this site. The proposed project will be required to construct expansions to existing water
facilities as described in Section XVLb above. No significant impacts to existing facility systems or
the City's water threshold standards will occur as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current project, and the effects of
probable future projects.)
23
15-48
Potentially
Significant
Impact
Less ThantSignificant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
D
D
D
.
Comments:
a) See Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting
and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under
Biological Resources.
b) The project site has been previously disturbed with a similar residential land use and site improvements.
No cumulative considerable impacts associated with the project when viewed in connection with the
effects of past projects, other current projects and probable future projects have been identified.
c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the
proposed project has been mitigated to lessen any potential significant impacts to a level of less than
significance.
Mitigation Measures:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially
significant impacts to a level ofless than significance.
24
15-49
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration
18-06-020.
xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained within the Mitigated Negative Declaration, 18-06-020, and will implement same to the
satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this
Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's
desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall
apply for an Environmental Impact Report.
ft fC-1Jr4NfJo (l)/211 ItAllt-JJO J.
Printed Name and . e of Applicant
(or authorized repr e tative)
Signature of Appli ant
(or authorized repr sentative)
1-23 -0 r
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
N/A
Signature of Operator
(if different from Applicant)
Date
15-~
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the previous pages.
. Land Use and Planning D TransportationITraffic
D Population and Housing . Biological Resources
. Geophysical D Energy and Mineral
Resources
D Public Services
D Utilities and Service Systems
D Aesthetics
D Agricultural Resources
. Hydrology/Water
D Hazards and Hazardous
Materials
D Cultural Resources
. Air Quality
. Nei"e
D Noise
. Mandatory Findings of Significance
D Recreation
D Paleontological
Resources
26
15-51
:
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the 0
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the project.
A Mitigated Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment,
and an Environmental Impact Report is required.
I find that the proposed project may have a significant effect( s) on the environment, but
at least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier anJllysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant.unless mitigated." An Environmental
n impact Report is required, but it must analyze only the effects that remain to be
addressed.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR,
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
6/;/o?-
,
Date
J:\Planning\Caroline\lnitial Study\445 First Av<.: Nupa Place\lS-0640.!Otloa\ Checklistl.doc
27
15-52
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P I ann
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Departme.nt
.Development Processing
Disclosure Statement
CI1Y Of
CHUtA VISfA
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interes\s, payments, or campaign cDntributiDns fDr a City of Chula Vista election must be filed. The fDllowing infDrmatiDn
must be disclosed: .' .
1.
List the names of all persons having a financial interest in the prDperty that is the subject Df the application Dr the
contract, e.g., Dwner, applicant, contractDr, subcDntractor, material supplier.
(em CcY1~ OrvC{'VtC< \.-<65 /Va.F- (7G..c..e L ,f
w rt\ lD(,^ (Q<rp+-l~..-
2.
If any person" identified pursuant tD (1) above is a cDrporatiDn Dr partnership, list the names Df all individuals with
a $2000 investment in the business (cDrporation/partnership) entity.
ltG..5a.') I,,-.L. C -/ ().Ji(lia.lM..- Gu.A-ler d..feV'~[)r[)ql-1..l{";~
-- ....-r ((,,::l,.1.A A: L r " <;d,. l;') ,,--,> t..." , ( ~ r vcrV1.c...1.-1.Ll <,
t:t:..co;?rQ ThS~" h~o"hl1t.c... -') \)0 rore.,& (.lll2lAfct.
If any pers n" identified ursuant to (1) above is a non-profit Drganization or trust, list the names of any parson
serving as director of the non-profit organizatiDn Dr as trustee pr beneficiary or trustor Df the trust.
3.
N.~.
4. Please identify every person, including any agents, employees, cDnsultants, or independent contractors you have
assigned to represent you before the City in this matter. .
-~~~.~, q.Ch~~-1~Jlll~17~-') TM/\~~~('b(~~ l~it#l;f~ io ro
5. Has any person" associated with this contract had any financial dealings with an official"" of the City pf Chula
Vista as it relates to this contract within the past 12 months. Yes_ NoA-- .
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No X Yes _If yes, v:hich Council member?
276 Fourth Avenue
C1Hd.l Vist-1
CaJiforn ia
9191tl
(619) 691.5101
15-53
ATTACHMRNT n
City Of Chula Vista
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ NOA
If Yes, which official" and what was the nature of item provided?
Date:
1-/0-0(,
Si ature of Contractor/Applicant
_terY\Cmdo OV-V C{ \1Cd'(O~
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipaiity, district. or other
political subdivision, -or any other group or combination acting as a unit.
..
Official includes;:but is not limited to: Mayor, Councii member, Planning Commissioner, Member of a board,
-wm-mission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
15-54
RESOLUTION NO. 2007-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE MAP KNOWN
AS NAPA PLACE, CHULA VISTA TRACT 06-13 TO
SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE
(9) SINGLE-F AMIL Y RESIDENTIAL LOTS AND ONE (1)
COMMON LOT CONTAINING THE PRIVATE ACCESS
ROAD AND GUEST PARKING - NAP A PLACE, LP.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, on March 27, 2006, a duly verified application was filed with the City of Chula
Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting
approval of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to
subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one
(I) common lot containing the private access road and guest parking ("Project"); and,
B. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the
City Clerk, incorporated herein by reference, and for the purpose of general description
herein consists of 1.7 acres located at 445 First Avenue ("Project Site"); and
C. Environmental Determination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-06-020, in accordance with the California Environmental Quality Act. Based upon
the results of the Initial Study, the Environmental Review Coordinator has determined that
the project could result in significant effects on the environment. However, revisions to the
project made by or agreed to by the applicant would avoid the effects or mitigate the effects
to a point where clearly no significant effects would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-020 and
associated Mitigation Monitoring and Reporting Program; and
WHEREAS, on May 7, 2007, the Resource Conservation Commission determined that Initial
Study IS-060-20 for the Previous Project was adequate, and recommended adoption of the
Mitigated Negative Declaration, IS-06-020; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
June 13, 2007, and after hearing staffs presentation and public testimony voted 7-0-0 to
recommend that the City Council approve the Project, in accordance with the fmdings and
subject to the conditions listed below; and
15-55
Resolution No. 2007-
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, its mailing to property owners within 500 feet of the
exterior boundary of the project and its mailing to the current tenants residing at 445 First
A venue at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on July 10, 2007, in the Council Chambers in the
City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to
the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on June 13,2007, and the minutes and Resolution resulting there
from, are hereby incorporated into the record of this proceeding.
II1.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT
JUDGMENT OF CITY COUNCIL
The City Council, as lead agency, certifies that the Mitigated Negative Declaration (MND)
and associated Mitigation Monitoring and Reporting Program (MMRP) (IS-06-020) were
prepared in compliance with the California Environmental Quality Act (CEQA), the state
CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista,
that the City Council has reviewed and considered the MND and MMRP, and that the MND
and the MMRP represent the independent judgment and analysis of the City Council;
therefore, the City Council hereby adopts the MND and MMRP.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council fmds that the Tentative Subdivision Map, as conditioned herein for 445 First
Avenue, is in conformance with the elements of the City's General Plan, based on the
following:
1. Land Use
The project will be developed at a density of 5 dwelling units per acre, which is
within the allowable residential density range of 3-6 dwelling units per acre. The
project proposes a detached single family planned development which will be
consistent with the character intended for a Residential Low-Medium area, and will
be more compatible with the development of the surrounding area, which is primarily
single family residential. The proposed proj ect provides housing opportunities in the
northwest portion of the City.
15-56
Resolution No. 2007-
2. Circulation
The subdivision design consists of nine lots served by a 'T' shaped private road with
direct access to First Avenue via a gated entrance. The private road is 26 ft wide with
sidewalk on one side (north side), rolled curbs and no parking on either side. There
are eight (8) guests parking stalls strategically located to serve all lots. No access is
proposed on Corte Helena Avenue. The private road, gate, and guest parking spaces
within the Project will be designed in accordance with the City design standards
and/or requirements and provide for vehicular and pedestrian connections.
3. Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There are no public service, facility, or phasing needs created by the Project
that warrants the preparation of a Public Facilities Financing Plan.
4. Housing
The Project is consistent with the density prescribed within the Residential - Low
Medium General Plan designation, and the Project provides additional opportunities
for single-family residential home ownership.
5. Growth Management
The Project is in compliance with applicable Growth Management Element
requirements because there are no public service, facility, or phasing needs that
warrant the preparation of a Public Facilities Financing Plan.
6. Open Space and Conservation
The project proposes individual single-family homes that meet the minimum open
space requirement per the Chula Vista Municipal Code. The Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which
addressed the goals and policies of the California Environmental Quality Act, and
found the development of the site to be consistent with the goals and policies of the
Conservation Element.
7. Parks and Recreation
The Project has been conditioned to pay park acquisition and development fees prior
to recordation of the Final Map.
8. Safetv
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal, as conditioned, meets those standards.
15-57
Resolution No. 2007-
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the building permit.
10. Scenic Highwav
This Project Site IS not located adjacent to or visible from a designated sceruc
highway.
11. Seismic Safety
A geotechnical investigation evaluation has been prepared for the project, which
determined that there are no known active faults existing on the project site or in the
immediate area. The closest known active fault is the Rose Canyon Fault located
approximately 6.8 miles south of the project site. Therefore, project compliance with
applicable Uniform Building Code standards would adequately address any building
safety/seismic concerns.
12. Safety
The City Engineer, Fire, and Police Departments have reviewed the proposed
subdivision of existing apartments to condominiums for conformance with City safety
policies and have determined that the proposal meets the City Standards for seismic
safety and emergency services.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City
Council finds that the configuration, orientation, and topography of the site allows for the
optimum siting of lots for natural and passive heating and cooling opportunities and that
the development of the site will be subject to site plan and architectural review to insure
the maximum utilization of natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development because the proposed site can
accommodate the density of residential development called for by the General Plan.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extend to the impact created
by the proposed development.
15-58
Resolution No. 2007-
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to
the general and special conditions set forth below.
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
VI. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest and assigns, shall improve the Project Site
with the Project as described in the Tentative Subdivision Map, known as Napa Place, Chula
V ista Tract 06-13.
VII. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval herein contained is
approximately proportional both to nature and extent of impact created by the proposed
development. Unless otherwise specified, all conditions and code requirements listed below
shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction
prior to approval of the Final Map, unless otherwise specified:
GENERAL! PLANNING AND BUILDING
I. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant
as to any or all of the property.
2. Applicant and/or his/her successors in interest, shall comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of the Tentative Subdivision Map, as recommended for approval by
the Planning Commission on June 13,2007. Prior to approval of the Final Map for the
project, the Applicant shall enter into an agreement with the City, providing the City with
such security and implementation procedures as the City may require compliance with
the above regulatory documents. The Agreement shall also ensure that, after approval of
the Final Map, the Applicant and his/her successors in interest will continue to comply,
remain in compliance, and implement such Plans.
15-59
Resolution No. 2007-
3. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
4. The Applicant shall comply with all applicable sections of the Chula Vista Municipal
Code, the City Growth Management Ordinance, and the City's General Plan, as amended
from time to time. The Applicant shall prepare any final maps and all plans in
accordance with the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision
Manual.
5. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modifY all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The Applicant shall
be notified in writing 10 days in advance prior to any of the above actions being taken by
the City and shall be given the opportunity to remedy any deficiencies identified by the
City.
6. The Applicant shall comply with the "Recycling and Solid Waste Management Plan"
which has been approved by the City of Chula Vista Conservation Coordinator. The plan
demonstrates those steps the Applicant will take to comply with Municipal Code,
including, but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce
or divert at least 50 percent of the waste generated by all residential, commercial and
industrial developments. The Applicant shall contract with the City's franchise hauler
throughout the construction and occupancy phase of the project. The plan shall
incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S.
permit if applicable, to provide compatibility with the architectural style of the
development, and to enhance trash enclosure doors where they are highly visible.
7. All gates, walls, and fences shall comply with the City of Chula Vista Municipal Code
and the City of Chula Vista Subdivision Manual. For the entry access gate, the Applicant
shall provide a gate opener to the City's franchise hauler and an Opticom strobe entry
system and a Knox override switch to the Fire Department and Police Department to
access the site. The Applicant shall also request a waiver for the gate from the
Engineering Department in regards to the requirements for a turn around area and
stacking distance of 150 feet.
8. The phone intercom system for the entry access gate shall be mounted on the passenger
side of the driveway as to not block emergency vehicle access to the site.
9. The Applicant shall provide a private fire hydrant at the hammerhead in accordance with
the City of Chula Vista Fire Department.
15-60
- .._---._-----_..._.._------'"~._---~,,~-~----------
Resolution No. 2007-
10. The Applicant shall implement to the satisfaction of the City Environmental Review
Coordinator and the City Engineer the mitigation measures identified in the Napa Place
Tentative Subdivision Map Mitigated Negative Declaration (lS-06-020) and associated
Mitigation Monitoring and Reporting Program.
GRADING AND DRAINAGE
II. All onsite drainage facilities shall be private.
12. The Applicant shall submit a detailed grading plan in accordance with the Chula Vista
Grading Ordinance is required before issuance of any building permits. Details such as
type, cross sections, and profiles of all the proposed retaining walls shall be shown on the
grading plans for City's review and approval.
13. The Applicant shall submit a drainage study prepared by a registered civil engineer to be
reviewed and approved by the City Engineer prior to issuance of a grading permit or
other development permit. Design of the drainage facilities shall consider existing onsite
and offsite drainage patterns. The drainage study shall calculate the pre-developed and
the post-developed flows and show how downstream properties and storm drain facilities
are impacted. If the post-development flows exceed the pre-development flows, the
study shall include calculations sizing proposed detention system(s). The extent of the
study shall be as approved by the City Engineer.
14. Proposed curb outlets shall be designed to Chula Vista Design Standards CVCS-17.
NPDES
15. The Applicant is required to obtain approval ofa Water Quality Technical Report prior to
Grading Permit describing structural and non-structural Best Management Practices
(BMPs) that will be implemented to prevent discharge of pollutants from the project site
to public storm drainage systems. BMPs should intercept runoff from the project site and
pre-treat said runoff prior to discharge to the public storm water conveyance system.
Identify proposed BMP facilities to be used to treat storm water runoff from the site as
part of the project Water Quality Technical Report. Said BMP facilities shall be
reviewed and approved on the grading plans and inspected by the City's Stormwater
Inspector.
16. The Applicant shall enter into an agreement to fully implement NPDES best management
practices ("BMPs") to reduce the amount of pollutants entering the city's storm water
conveyance system, including but not limited to:
a. Installing and using efficient irrigation systems and landscape design; more
specifically:
i. Employ rain shutoff devices to prevent irrigation after precipitation.
15-61
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Resolution No. 2007-
11. Adjust irrigation systems to each landscape area's specific water
requirements
111. Using flow reducers or shutoff valves triggered by a pressure drop to
control water loss in the event of broken sprinkler heads or lines.
IV. Employing other comparable, equally effective, methods to reduce
irrigation water runoff.
b. Employing integrated pest management principles. More specifically, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (I) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM educational materials to homeowners/residents. Minimally,
educational materials must address the following topics: keeping pests out of
buildings and landscaping using barriers, screens, and caulking; physical pest
elimination techniques, such as, weeding, squashing, trapping, washing, or
pruning out pests; relying on natural enemies to eat pests; and, proper use of
pesticides as a last line of defense
PUBLIC IMPROVEMENTS
17. An improvement plan showing all existing and proposed public improvements such as
driveways, curb, gutter, pedestrian ramps, and sidewalk shall be submitted for City's
review before Final Map approval by the City Council.
18. The Applicant shall install a 26-ft driveway per the City of Chula Vista Subdivision
Manual standards, CVCS-IB.
19. Per City of Chula Vista Subdivision Manual, all proposed public sewer mains, located
within public right of way, shall be 8-inch PVC minimum. Extend an 8-inch PVC sewer
by connecting to existing 8-inch sewer main on Corte Helena Avenue up to the property
line and add a new standard sewer manhole just outside of this property line within City's
right of way. This sewer manhole and the new 8-inch PVC main shall be public.
PRIVATE OR ONSITE IMPROVMENTS
20. The onsite sewer system shall be private. All sewer laterals shall be privately maintained
from each building and/or condo unit to the City maintained public sewer main.
21. The Applicant/Owner shall establish a homeowners association to fund and oversee a
contract for the maintenance of the onsite private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the onsite private sewer system
prior to approval of the final map.
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'._~----_"__________'.n'________.,__._.___.__~__
Resolution No. 2007-
CC&R'S
22. The Applicant shall submit CC&R's to the City Engineer and Director of Planning and
Building for approval prior to approval of the final map. Said CC&R's shall include the
following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
· Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage oblique have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures, guest parking, and
landscaping shall be the responsibility of the Homeowners Association.
· Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the final map.
23. The Applicant shall submit a homeowners association (HOA) budget for review and
approval prior to final map approval by the City Engineer for the maintenance of private
streets, storm drains and sewage systems. Said budget shall include the following
maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years.
b. Sewers must be cleaned once a year with a contingency for emergencies.
c. Red curbs / striping must be painted once every three years.
EASEMENTS
24. All existing easements and irrevocable offers of dedication shall be shown on the final
map. A title report dated within 60 days of submittal of the final map shall be submitted
together with backing documents for all existing public utility easements and offers of
dedication. Applicant shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
25. Prior to final map recordation, the Applicant shall enter into an agreement for the
following;
. Agree to defend, indemnify and hold harmless the City and its agents, officers,
and employees, from any claim, action or proceeding against the City, or its
agents, officers or employees to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees wit regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City promptly
15-63
Resolution No. 2007-
notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
· Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
· Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the conduit
to only those franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula Vista.
MISCELLANEOUS
26. The following fees will be required based on the final building plans submitted (see
attached Development Checklist for more information):
a) Sewer Connection and Capacities fees
b) Development Impact Fees
c) Traffic Signal Fees
27. Payment of the current Park Acquisition and Development (pAD) fee is required prior to
the Final Map approval in accordance with CVMC 17.10 "Parklands & Public Facilities".
28. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
29. Submit copies of the Final Map, grading plans, and improvement plans in a digital format
such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided
Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations
and submit the information in accordance with the City Guidelines for Digital Submittal
in duplicate on 3 Yz HD floppy disk prior to the approval of the Final Map.
30. Submit a conformed copy of a recorded tax certificate covering the property prior to
approval of the Final Map.
15-64
Resolution No. 2007-
VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Applicant and property owner shall execute this document by signing the lines provided
below, said execution indicating that the property owner and Applicant have each read,
understood, and agreed to the conditions contained herein. Upon execution, this document
shall be recorded with the County Recorder of the County of San Diego, at the sole expense
of the property owner and the Applicant, and a signed, stamped copy of this recorded
document shall be returned to the Planning and Building Department. Failure to return a
signed copy and a stamped copy of this recorded document within thirty days of recordation
to the City Clerk shall indicate the property owner and Applicant's desire that the Project,
and the corresponding application for building permits and/or a business license, be held in
abeyance without approval. Said document will also be on file in the City Clerk's Office and
known as Document No.
Signature of Applicant or Property Owner
Signature of Applicant
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
X. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect.
James D. Sandoval
Director of Planning & Building
foL'.
Presented by:
J:\Planning\Caroline\Discretionary Permits\PCS-06-13 CC Reso
15-65
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: Napa Place LP. SUBDIVISION
PROJECT . Request: Proposed Tentative Subdivision Map to subdivide a 1.7
ADDRESS: 445 First Av acre parcel into nine single-family residential lots.
SCAlE: FILE NUMBER:
NORTH No Scale PCS-06-13 Relaled cases; IS.()6.()20
J:\p\anning\carlos\locators\pcs0613.cdr 05.11.07
15-66
'c:~'M\e,\\ 1\
-- /, I'
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THIS ITEM IS CONTINUED TO JULY 17, 2007 AT THE REQUEST
OF THE CITY ATTORNEY.
STAFF RECOMMENDS THAT THE PUBLIC HEARING BE
OPENED AND THEN CONTINUED ACCORDINGLY.
/10
CITY COUNCIL
AGENDA STATEMENT
~\'f:. CITY OF
~~CHULA VISTA
JULY 10,2007, Item In
SUBMITTED BY:
REVIEWED BY:
RESOLUTION AMENDING CHAPTER VI (A) ALARMS
OF THE CITY OF CHULA VISTA MASTER FEE
SCHEDULE. () ~
CHIEF OF POLIC~'A
CITY MANAGER
4/5THS VOTE: YES D NO ~
ITEM TITLE:
BACKGROUND
The City of Chula Vista Police Department operates the Alarm Program for the City,
which entails permitting both residences and businesses when they install a burglar alarm
system and responding to alarm activations. Alarm calls- for-service are categorized as a
Priority II response (urgent response). 99% of all alarm calls-for-service are false alarms,
and are a considerable utilization on Police Department patrol response services. The
Department collects both permit fees and false alarm penalty fees (detailed below). These
fees help offset the cost of administering the Alarm Program.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Enviromnental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the enviromnent; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
enviromnental review is necessary.
17-1
JULY 10,2007, Item2
Page 2 of9
RECOMMENDATION
That Council conduct the public hearing and adopt the resolution amending Chapter VI
(A) ALARMS of the City ofChula Vista Master Fee Schedule, as follows:
.
Residential $25.00 $50.00
Commercial $50.00 $100.00
. .
0-2 NO CHARGE NO CHARGE
3 $25.00 $50.00
4-6 $50.00 $100.00
More than 6 $100.00 $100.00
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In reviewing the false aim data for the Growth Management Oversight Committee
(GMOC), the Department looked at ways to help reduce the number of false alms
generated in the City. As part of this review, it was decided to also review the fees
associated with the AIm Program. The costs associated with aim permitting and false
aim responses have steadily increased since the last increase of these fees in 2004. Due to
the cost of administering the AIm Program, the Department is recommending that the fees
for Aim Permits and AIm Penalties be increased.
The costs to administer the alm program were calculated using the City's standard Full
Cost Recovery (FCR) model. The FCR captures both the direct and indirect cost of
providing this service. These costs include the responding officers salary and benefits; the
Police Data Specialist' (who tracks alm permits and false alms) salary and benefits; the
cost of responding vehicles, including maintenance and fuel, as well as the equipment the
officer uses (uniform, bullet proof vest, gun, etc). The costs also include the cost for the
dispatchers' time handling the call, supervision, computer equipment, etc. As detailed
below, the total cost to provide administration of the alm program is $549,065, including
the time officers spent responding to false alms and the time the Police Data Specialist
spends handling the billing and tracking of the alm permits and false alm penalties.
These increases, if adopted, would result in a net increase of $120,000 to the Police
Department revenues. These fee and penalty increases will go to offset the total cost of both
administering the alm program and responding to false alms.
I The number offalse alanns subject to penalty is calculated based upon a rolling 12 monlb period
commencing from lbe date of lbe first false alarm
17-2
JULY 10, 2007, Item~
Page 3 of9
FALSE ALARM RESPONSE
The Alann Program is designed to track the number of alann systems installed in both
residential and commercial buildings. The program also tracks the number of false alanns in
an effort to minimize the number of times an officer (or officers) has to respond to a faIse
aIann. When alann users have more than two false alanns in a twelve month period, they
are assessed a penalty. Currently, these alann penalties do not capture the full cost of
responding to the false alanns.
In FY 2005/2006, the Police Department responded to 6,928 false alanns which correlates
to a total of 2,297 hours spent responding to false alanns. False alanns present a significant
utilization of patrol resources. Although they are not counted against the Departments
Priority II (Urgent) response times, they still require an officer to respond to the call thereby
affecting the ability to respond to other legitimate pending Priority II calls. This means that
as an officer is responding to a false alann, other Priority II calls in hislher beat will have to
wait until the alann call is cleared. This impacts the Departments ability to achieve
compliance with the Growth Management Oversight Committees' (GMOC) threshold for
Priority II response times. Often times, multiple units respond on an alann call (typically
commercial alanns - due to larger propertylbuilding size, checking roof, etc.). When the
additional units' time is factored in, the total time spent responding to alann calls jumps to
just over 3,107 hours spent responding to false alanns. This comes at a significant cost to the
City. In total, this equates to a total cost of $329,423 for officers to respond to false alanns.
Table 1 (below) details the average response time to a false alann call2.
Table 1 - Average Time Officers are Committed to False Alann Responses
Robberv - Commercial 241 0:14:19 57.3
Robberv - Residential 39 0:22:58 15.0
Buralarv - Commercial 3,794 0:18:31 1171.0
Buralarv - Residential 2,473 0:22:15 917.0
Duress Alarm -
Commercial 94 0:16:09 25.0
Duress Alarm - Residential 287 0:23:19 111.5
Total 6,928 0:19:35 2,297
Total wi additional units 3,107
2 The average response time does not include caUs that had multiple units responding to the alarm caU, nor
caUs to vehicle duress alarms.
17-3
JULY 10,2007, Heron.
Page 4 of9
AL~PERNITT~ENALTYFEES
Staff conducted a survey of the cities in San Diego County to compare Alann Permitting
Fees and Alann Penalty fees. Table 2 details the alann permit fees charged by the various
agencIes.
Table 2
ALARM PERMIT FEES BY CITY, SAN DIEGO COUNTY
Residential Commercial All Permits
Cities within San Single system Double Multiple Single system Double Multiple Renewal period
Dieeo County systems Systems systems SYStems
Carlsbad $0 $0
Chula Vista $25 $50 24 months
Chula Vrsta Proposed $50 $100 24 months
Coronado $0 $0
County of San Die1Zo $48 $48 1 time
DelMar $0 $0
EICa;on $0 $0
Encinitas $18 $54 $72 $18 $54 $72 I time
Escondida $15 $15 12 months
Imoerial Beach $35 $35 24 months
La Mesa $0 $0
Lemon Grove $18 $54 $72 $18 $54 $72 I time
National City $20 $40 24 months
Oceanside $0 $0
Poway $40 $40 1 time
San DielZo $55 $95 24 months
San Marcos $0 $0
Santee $18 $54 $72 $18 $54 $72 I time
Solana Beach $0 $0
Vista $51 $51 1 time
NOTE: Those cities that currently do not charge for pennit fees are considering changing to a fee based pennit system.
All cities require that a completed permit application be on file.
(This section blank)
17-4
JULY 10, 2007, Item~
Page 5 of9
Table 3 details the alann penalties charged by the various agencies. It should be noted that
several of the cities are currently reviewing their alann permiVpenalty fees at this time.
Table 3 - False Alann Penalty Fees by City
Carlsbad . Burglary $0 $30 $00 $60 $60 $60 $00 365 days
Cartsbad - Robbery $0 $60 $120 $120 $120 $120 $120 365 days
Chula Vista Current $0 $0 $2' S50 S50 S50 $100 385 days
Chula \I15ta Proposed $0 $0 $" $100 $100 $100 $100 3"
Coronado $0 $0 $0 $100 $150 $150 $160 365 days
County of San Diego $0 $0 $50 $100 $150 $200 $200 6 months
Del Mar $0 $0 $0 $00 $00 $00 $60 365 days
ElCajon $0 $0 $7. $75 $75 $75 $75 365 days
Encinitas $0 $0 $25 $50 $100 $160 $150 365 days
Escondida $0 $0 $60 $100 $160 $200 $600 365 days
1llh.14th 15th or mora
Imperial Beach $0 $0 $25 $25 $25 $25 $25 365 days
La Mesa $0 $0 $0 $105 $105 $105 $105 365 days
Lemon Grove (within 30 days) 365 days
51nglePermlt $0 $0 $0 $50 $100 $250 $260
Double Permit $0 $0 $0 $0 $0 $50 $100 8ormora=$2lIO
MulliplePennit $0 $0 $0 $0 $0 $0 $0 8"S50,9s$1oo,
10ormoresS250
National City $0 $0 $60 $75 $100 $160 $200 365 days
Oceanside $0 $60 $75 $125 $175 $260 $260 365 days
paway $0 $0 $25 $60 $100 $160 $150 365 days
City of San Diego $75 $150 $300 $1,500 $1,500 $1,500 $1,500 365 days
San Marcos $0 $0 $75 $150 $250 $300 $300 365 days
Santee (witl'lln 30 days) 365 days
SlnglePennlt $( $0 $0 $50 $100 $250 $250
Double Permit $0 $0 $0 $0 $0 $50 $100 8 or more = S250
Multiple Permit $0 $0 $0 $0 $0 $0 $0 8:$50,9=<$100,
10 or more; $250
Solana Beach $0 $0 $0 $50 $100 $160 $150 365 days
Vista $0 $0 $100 $200 $500 $500 $500 365 days
(This section blank)
17-5
JULY 10,2007, Item_
Page 6 of9
The graph below gives a visual interpretation of how the City of Chula Vistas alarm penalty
fees compare cOlmty-wide (Graph 1).
Graph 1 City Alarm Fees v. County
AVERAGE FALSE AlARM PENALTIES
SAN DIEGO COUNTY CITIES
$50
$250
$200
$150
~
u.
""
..
c
~
$100
$0
1st
2'"
3rd 4th 5th
Number of False Alarms
~~h~r~l(J:J~urrent
-..- Chula VIsta Pro osed
51h
7ormore
The Police Department employs a Police Data Specialist to coordinate the alarm permit
billings as well as the alarm penalty billings. This position bills residential and
commercial alarm users on a bi-annual basis for the alarm permit fee. This position also
tracks the number of false alarms for each permitted alarm holder and applies the
appropriate alarm penalty when an alarm user has more than two false alarms in a 12
month period. In instances where a resident or commercial user has not obtained the
required alarm permit, the Police Data Specialist sends the appropriate fee information to
the user to obtain compliance. 3 The Police Data Specialist will call repeat offenders to
try and curb or eliminate the number of false alarm calls from the residence or business.
Currently, the Police Department will respond to any alarm calls, whether or not they are
permitted. The total cost for one Police Data Specialist to perform permitting/penalty
processing is $103,438 per year.
TOTAL COST ALARM PROGRAM
Table 4 details the current net impact of the alarm program along with the proposed fee
increases. Although these fee increases do not completely eliminate the net impact to the
3 It is unknown how many un-pennitted alarm users there are currently in the City as the only way to know
if they are un-pennitted is when they have a false alarm and the false alarm address does not match any of
the pennitted addresse5.
17-6
JULY 10,2007, Item_
Page 7 of9
General Fund, there is a 35% decrease in the net impact to the General Fund. If approved,
program revenue will account for 61 % of the program costs.
Table 4 - Current vs. Proposed Net Impact
Pro ram Revenue
Pro ram Cost4
Net 1m act to General Fund
$
$
$
$
$
$
PROPOSED MASTER FEE SCHEDULE CHANGE
Upon adoption of the fee increases, the Master Fee Schedule will read:
CHAPTER VI
Police
A. ALARMS
1. Alarm Use Permit
A nonrefundable fee shall accompany each application for an alarm user
permit as follows:
a. A fee oftweaty fiye fifty dollars ($25.(:)9$50.00) for residential
applications.
b. A (','rent)' five fifty dollar ($25.00$50.00) residential renewal fee
will be required every twenty- four months.
c. In the case of alarm permits for commercial customers, the fees
shall be as follows:
I) A fee of AAy one hundred dollars ($50.00 $100.00)
2) A AAy one hundred dollar ($50.00 $100.00) renewal fee
will be required every twenty-four (24) months.
2. False Alarm Assessment
When any emergency alarms, messages, signals, or notices are received by
the Communications Center which results in a police response and in
4 Includes Officer response costs and alarm pennit/penalty processing costs.
17-7
JULY 10, 2007, Item~
Page 8 of9
which the alarm proves to be a false alarm, the owner and/or occupier of
the property shall pay a false alarm assessment to the City as follows:
a. The first two (2) false alarms within a twelve (12) month period
shall be considered accidental and no fee shall be charged. The
alarm permit applicant shall be notified in writing by the Crime
Prevention Unit after the occurrence of the second false alarm,
notifying himlher that any further false alarms will result in penalty
assessments.
b. For false alarms exceeding the initial two (2) false alarms within a
twelve (12) month period:
1) Third (3rd) false alarm T'.vBHty Five Fiftv Dollars ($25.00
$50.00).
2) Fourth (4'\ Fifth (5th) and Sixth (6th) false alarms-~
One hundred Dollars ($50.00 $100.00).
3) All additional false alarms One Hundred Dollars ($100.00)
each.
The fee for delinquency in payment of a false alarm charge shall be a basic
penalty in an amount equal to ten (10) percent of the false alarm charge, plus one
and one half (1-1/2%) percent per month for non-payment of the charge and basic
penalty.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
The adoption of this resolution will increase the alarm based revenue into the Police
Department and will result in a $120,000 increase in revenues. These revenues will
further offset the ongoing cost of responding to unverified alarm calls.
Prepared by: Edward Chew, Administrative Services Manager, Police Department
17-8
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER VI (A) ALARMS OF
THE CITY OF CHULA VISTA MASTER FEE SCHEDULE
WHEREAS, the City ofChula Vista Police Department recently examined false alarm issues
and their impact upon police services; and
WHEREAS, 99 percent of all alarm calls received by the Police Department are false alarms,
and the Police Department received 6,928 false alarms in Fiscal Year 2005-2006; and
WHEREAS, false alarms also have a monetary impact upon the Police Department, and the
Police Department is requesting increases in the alarm permit fees and alarm penalty fees to help
further offset the cost of administering the City's Alarm Program and responding to false alarms.
Proposed Change to the Master Fee Schedule
(alarm permit fees)
USER CURRENT RATE NEW RATE
Residential $25.00 $50.00
Commercial $50.00 $100.00
Proposed Change to the Master Fee Schedule
(alarm penalty fees)
NO. OF FALSE ALARMSl CURRENT RATE NEW RATE
0-2 NO CHARGE NO CHARGE
3 $25.00 $50.00
4-6 $50.00 $100.00
More than 6 $100.00 $100.00
WHEREAS, the increases, if adopted, would result in a net increase of $120,000 to the
Police Department revenues.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista
does hereby amend Chapter VI (A) Alarms of the City ofChula Vista Master Fee Schedule
BE IT FURTHER RESOLVED, that the residential alarm permits fee be increased from $25
to $50.
BE IT FURTHER RESOLVED, that the commercial alarms permits fee be increased from
$50 to $100.
I The number of false alarms subject to penalty is calculated based upon a rolling twelve-month period
commencing from the date of the first false alarm.
17-9
Resolution No. 2007-
Page 2
BE IT FURTHER RESOLVED, that the penalty for the third false alarm in a twelve-month
period be increased from $25 to $50.
BE IT FURTHER RESOLVED, that the penalty for the fourth, fifth and sixth false alarm in a
twelve-month period be increased from $50 to $100 per occurrence.
Presented by
Approved as to form by
~~~
Moore.
City Attorney
Richard P. Emerson
Police Chief
J:\Anomey\RESO\POLICE\Amd Master Fee Schedule Alarms_07~lo..o7.doc
17-10
CITY COUNCIL
AGENDA STATEMENT
JULY 10, 2007 Item /9.
SUBMITTED BY:
RESOLUTION AUTHORIZING THE FILING OF A
GRANT APPLICATION AND, IF AWARDED, ACCEPTANCE
OF A SUSTAINABLE COMMUNITIES GRANT FOR FUNDS
TO CONDUCT COMMUNITY-BASED LAND USE
PLANNING IN SOUTHWEST CHULA VISTA; AND
CERTIFYING THE COMMITMENT OF MATCHING FUNDS
THEREFOR if:
DIRECTOR OF PLANNING & BUILDING,
ACTING DIRECTOR OF COMMUNITY DE LOPMENTi}
ITEM TITLE:
REVIEWED BY:
CITY MANAGER
ACTING ASSIST
---
T CITY MANAGER =;;)
4/STHS VOTE: YES D NO [!]
BACKGROUND
In December 2005, the City of Chula Vista adopted a new General Plan Update (GPU) and in
the same year the Redevelopment Agency approved a Five-Year Strategic and Implementation
Plan. Both policy documents envision targeting Southwest Chula Vista for sustainable land
uses, positive improvements, and public and private investment. To help flesh out those
directives in advance of specific planning, the City intends to gain a full understanding of the
priorities of Southwest Chula Vista residents, businesses, property owners, and other key
stakeholders.
Potential grant funding for the project is available through the California Pollution Control
Financing Authority. The competitive grant assists local agencies in planning sustainable
community projects. The deadline for submission is July 16,2007. Criteria for awarding grants
is in five areas:
. Meeting one or more of nine Sustainable Development objectives.
. Promoting econornic development in economically distressed communities.
18-1
/y
JULY 10, 2007, Item~
Page 2 of 4
. Incorporating creative approaches.
. The likelihood of actual implementation.
. The transferability and applicability of the program to other communities.
Staff believes the proposed "Southwest Chula Vista Sustainable Communities Project" would
meet grant program criteria.
RECOMMENDATION
That Council adopt the resolution:
. Authorizing the filing of a grant application and, if awarded, acceptance of a
Sustainable Communities grant for funds to conduct community-based land use
planning in Southwest Chula Vista; and
. Certifying the commitment of matching funds therefor
BOARDS/COMMISSION RECOMMENDATION
N/A
DISCUSSION
The proposed "Southwest Chula Vista Sustainable Communities Project" is a comprehensive
effort to begin implementing the City's General Plan and the Redevelopment Agency's Five-
Year Implementation Plan for the Southwest by bringing together residents, businesses,
property owners, and other Southwest Chula Vista stakeholders to:
. Establish community and neighborhood priorities for change
. Identify assets and successful enterprises to build upon
· Develop partnerships and leverage resources for promoting sustainable infill
redevelopment and strengthening neighborhoods
. Promote economic development and jobs creation in economically distressed areas
· Identify needed infrastructure and public amenities in neighborhoods and business
districts
. Promote land uses that support alternative transportation and walkable communities
· Ensure a healthy mix of business, housing and affordable housing
. Protect and improve the environment, and
. Improve the public health through such efforts as creating walkable communities
· Develop and implement a legislative agenda to implement priorities
Southwest Chula Vista is a portion of the City with great potential for becoming a sustainable
community model. It includes enterprise zones, CDBG-eligible areas and Redevelopment
18-2
If;
JULY 10, 2007, Item~
Page 3 of 4
Project Areas. Areas of the Southwest exhibit social, economic and political disparity when
compared to other parts of the City and region. Staff therefore recommends that the initial
group of community stakeholders include many segments of the community that are not
represented by any existing community-based organization as well as those now represented.
The City and Agency intend to initiate an ambitious public outreach effort requiring
numerous community meetings, focus group sessions, citizen academies, a "visioning
process" and priority setting by geographic subarea. Initial steps will include asset mapping
and identifying efforts and programs that are already working well in the Southwest.
Working in partnership with institutions, organizations, entities and individuals that are
currently making progress and achieving success in the Southwest will allow the community
to establish sustainable priorities for the future.
Concurrent with or subsequent to the community outreach project, the City will update the
Zoning Code Ordinance, launch one or more Specific Plans, review the Capital Improvement
Program and identify additional sources of funding in preparation for private development
and Redevelopment Agency investment. Input from the community and neighborhoods of
Southwest Chula Vista will be included in the project prioritization process.
The total project cost is estimated to be $750,000 for staffing and direct costs, including
consultant costs; visioning toolkits; translation and interpretation costs; facilitation, process
and project management; noticing, advertisement, workshop and other materials; volunteer
stipends; training and education; meeting facilities, event costs, and the zoning ordinance
update. While matching funds are not a requirement of this grant, they do enhance our
competitiveness in the application process. The City has identified funding sources including
$50,000 in Redevelopment Agency funds from the Southwest Planning and Civic
Engagement Activities CIP, and City in-kind contribution of$350,000 for staff time and
costs over the next two years for Planning Department and Community Development
Department staff time devoted to project development and implementation. A $350,000
grant from the Sustainable Communities Grant & Loan Program would complete the funding
package for this project and would cover the costs of the needed consultants, outreach
materials and activities.
Council adoption of this resolution would support the "Southwest Chula Vista Sustainable
Communities Project" concept as proposed, and the City's grant application to the
Sustainable Communities Grant and Loan Program, and certify the commitment of $400,000
for the project, $350,000 of which is in-kind and $50,000 of which is consultant services
funded by the Redevelopment Agency's Southwest Planning and Civic Engagement
Activities CIP in the Agency's Merged Project Fund.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity
is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
18-3
JULY 10,2007, Item'!
Page 4 of 4
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not
site specific and consequently the 500 foot rule found in California Code of Regulations
section l8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
There will be no impact to the General Fund as a result of this action. If a Sustainable
Communities grant is awarded to the City, staff will return to Council with a detailed work
plan and cost estimates, and request appropriation of the $350,000 grant award. The City's
match, $350,000 in-kind services and $50,000 consultant services contract, will be expended
as part of the GPU implementation project. The staff resources are within the Planning &
Building and Community Development Departments' FY2007-08 and FY2008-09 adopted
budgets and the contract services are allocated from the Southwest Planning and Civic
Engagement Activities CIP from the Redevelopment Agency Merged Project Fund.
ATTACHMENTS
Exhibit A: Southwest Sustainable Development Program Vicinity Map, Citywide View
Exhibit B: Southwest Sustainable Development Program Vicinity Map, Project Area View
18-4
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18-6 \ u
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPLICATION AND, IF
AWARDED, ACCEPTANCE OF A SUSTAINABLE
COMMUNITIES GRANT FOR FUNDS TO CONDUCT
COMMUNITY BASED LAND USE PLANNING IN
SOUTHWEST CHULA VISTA; AND CERTIFYING THE
COMMITMENT OF MATCHING FUNDS THEREFOR
WHEREAS, the State of California Pollution Control Financing Authority
funds a program titled "Sustainable Communities Grant and Loan Program"
("Grant Program") to assist cities and counties in their community planning and
development efforts; and
WHEREAS, the State of California Pollution Control Financing Authority
provides funding to those cities and programs that reduce pollution hazards and
degradation of the environment, promote infill development, promote economic
development in economically distressed areas, promote land uses that support
alternative transportation options, ensure a proper mix of business and housing
including affordable housing, balance job growth with new housing, encourage
communities centered around civic space, ensure well-planned higher density
land use and protect the environment; and
WHEREAS, the City's "Southwest Chula Vista Sustainable Communities
Project" ("Project") proposal ("Proposal") meets the objectives of the California
Pollution Control Financing Authority ;and
WHEREAS, Southwest Chula Vista community groups have expressed an
interest and willingness to enter into partnership in seeing significant
improvements to the neighborhoods and business districts of Southwest Chula
Vista; and
WHEREAS, though the Grant Program does not require matching funds, a
proposal that includes a commitment to match or to provide additional funding for
a project will be considered more favorably than a similar proposal without such
commitment; and
WHEREAS, the City and Redevelopment Agency propose a partnership to
contribute resources, three hundred fifty thousand dollars of which will be in the
form of in kind services and dedicated staff time and fifty thousand dollars from
the Southwest Planning and Civic Engagement Activities Capital Improvement
Program fund, to the Project in order to increase the chances of the City
obtaining the grant; and
18-7
WHEREAS, the applicant will enter into an agreement with the State of
California Pollution Control Financing Authority to complete the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the filing of an application and, if awarded,
acceptance of a Sustainable Communities Grant; and
BE IT IS FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the commitment to contribute four hundred thousand
dollars in resources, three hundred and fifty thousand of which shall be in the
form of in kind services and dedicated staff time and the balance shall be from
the Southwest Planning and Civic Engagement Activities Capital Improvement
Program from the Redevelopment Agency's Merged Project Fund, to the Project;
and
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby certify that the City has or will have available prior to
commencement of any work on the Project included in this application, sufficient
funds to operate and maintain the Project; and
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby certify that the City has reviewed, understands, and agrees to
the General Provisions contained in the Contract shown in the Procedural
Guide; and
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby appoint the City Manager or his designee as agent to
conduct all negotiations, execute and submit all documents, including but not
limited to applications, agreements, amendments, payment requests and so on,
which may be necessary for the completion of the Project; and
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby agree to comply with all applicable federal, state and local
laws, ordinances, rules, regulations and guidelines.
Presented by
Nancy Lytle
Southwest Chula Vista Project Lead
18-8
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- - - -
Mayor and City Council
City Of CMuia Vista
276 Fourth Avenue
CMula Vista. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CITY OF
CHUlA VISfA
June 21, 2007
TO:
,~rmtn;e Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Human Relations Commission
Mayor Cox would like to recommend Marissa Flores for appointment to the Human
Relations Commission. Marissa will replace Perny Cosca-Reese who recently
resigned.
Please place on the July 10, 2007 Council agenda for ratification.
Thank you.
cc:
Mayor Cox
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
CllY OF 619.691.5044 - 619.476.5379 Fax
CHUlA VISfA
MEMO
June 28, 2007
TO:
"'L _ "'.
"
-""'.~."c ,
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
International Friendship Commission
Mayor Cox would like to recommend Rufino "Pie" Roque for appointment to the
International Friendship Commission. Pie Roque will replace Carmelita Vinson who
termed out June 30, 2007.
Please place on the July 10, 2007 Council agenda for ratification.
Thank you.
cc: Mayor Cox
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REAPPOINTMENTS
TO BOARDS AND COMMISSIONS
THERE IS NO BACK-UP INFORMATION FOR THIS ITEM.
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Summary of Actions from
Independent Financial Review
Presented by:
Walter F. Kieser
Economic & Planning Systems
July 10, 2007
, .
Background
· City Council initiated independent financial
review in January 2007
· Draft report presented to City Council in April
· Council direction regarding recommendations
and additional information
· Final Report published in June
· Priority actions provide City Council with
ability to direct implementation and establish
accou ntabi I ity
1
. .
Key Findings
1. Not "crisis"; fiscal stresses manageable
2. Financial management will benefit from
stronger policy framework and priority-
setti n g
3. Expenditure controls needed in short term
4. Achieving efficiencies and revenue growth
can secure long term fiscal health
5. Development opportunities key to fiscal
health (Bayfront, Urban Core, Eastern Urban
Center, University Park, Retail centers)
2
. .
Key Findings
6. Funding new capital projects and related
maintenance and operating expenses may
require new sources of revenue
7. Tax increment funding limited by lack of
redevelopment activity; renewed effort
needed to achieve objectives
8. Retirement obligations a growing burden
upon operating budgets; obligations must be
anticipated in budget forecasting and
carefully managed.
3
Priority 1
Num. Description ~
Action type
1 Establish policies for mid-year budget amendments Council Directive
2 Establish guidelines for appropriate use and amount of reserves Council Directive
3 Establish priorities and guidelines for Redevelopment Agency assistance Council Directive
4 Revise Departmental Strategic Plans Council Directive
5 Revert to a single-year budget for a fixed duration Council Directive
6 Complete implementation and deployment of the "Muni-Cast" model Council Directive
7 Expand asset management planning Council Directive
8 Review fees and charges and update on a regular basis Council Directive
9 Consider funding from voter-approved bonds Council Directive
10 Consider the formation of budget oversight committee and an audit committee Council Directive
11 Evaluate the staffing, funding and services organization of community development functions Council Directive
4
Priority 2
Num. Description Action type
12 Evaluate the reorganization of the City's planning, redevelopment, economic development, housing, Reorganization
and development services functions
13 Freeze unfilled positions Budget Item
14 Reduce positions not required for "core" functions Budget Item
15 Limit increases in existing expenditures to those mandated by MOUs or other legal requirements Budget Item
16 Allow inflationary increases only to the extent justified by recent cost indices or other documentation Budget Item
17 Limit new programs to those mandated by law or which produce equal or greater reductions Council Directive
elsewhere
18 Budget documents should strive to reveal issues and constraints, and budgetary responses Council Directive
19 CIP documents should include total costs and total funding sources for all projects Council Directive
20 Monitor PERS liabilities to ascertain trends influencing unfunded liabilities, and the resulting Council Directive
contribution rates
21 Balance the need for full cost recovery with economic development objectives Policy
5
Priority 3
Num. Description Action type
22 In containing or reducing costs, do not inhibit essential capabilities or impede activities that have Council Directive
potential for increasing municipal revenues, including maintaining an adequate complement of staff in
key development services functions.
23 As part of the budget forecasting process, produce annual report showing recent construction and Council Directive
pipeline projects by approval status and anticipated construction
24 Identify all major retail and visitor-serving projects, opportunities and estimated phasing of sales tax Council Directive
25 Target redevelopment strategies towards sales tax expansion Council Directive
26 Revise budget forecast to include line items for specific new cost and service increases, e.g., MOU Council Directive
employee compensation, capital expenditures, debt service, with supporting schedules
27 Utilize budget forecast to evaluate impacts of alternative compensation programs, capital Council Directive
expenditures, debt service
28 The City should, through its legislative efforts and participation in the League of Cities, monitor and Council Directive
participate in the formulation of appropriate pension reforms
29 Consider the creation of City-wide maintenance districts, development-specific maintenance districts Policy
or assessments, or expansion of general revenues (e.g., sales tax measure) to cover maintenance
costs for roads, drainage, public buildings, parks and open space, and other public assets
30 25. Funding expenditures that in the longer term are viewed as essential (e.g., re-establishing a Budget Item
sufficient reserve fund) will need to be deferred until sufficient revenues become available
6
Priority 3 (continued)
Num. Description Action type
31 Identify specific retail and visitor-serving projects and opportunities and estimated revenues Council Directive
32 Target redevelopment strategies towards retail and visitor-serving expansion opportunities Council Directive
33 The City should focus its planning and economic development efforts upon coherent efforts to Council Directive
promote development consistent with the General Plan, thereby expanding the City's tax base
34 Focus on achieving key economic development and redevelopment objectives, including the Bayfront, Council Directive
the Urban Core, the University Park and Research Center, and the expansion of retail shopping
opportunities throughout the City
7
FINAL REPORT
~
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Econolnic C>-
Planning Systems
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CHULA VISTA INDEPENDENT FINANCIAL REVIEW
Prepared for:
City of Chula Vista
Prepared by:
Economic & Planning Systems, Inc.
June 2007
EPS #17006
8I!!RK!LBY
2501 Nilllh Street, Suite 100
Berkeley, CA 94710-2515
www.epsys.com
phone: 510-841-9190
fax 510-841-9208
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,V
SACRAMENTO
phone 916-649-3010
fax 9\6-649.2070
OENVI!.R
phone 303-623-3557
fax' 303-623-9049
'j)- /
T ABLE OF CONTENTS
I. INTRODUCTION .................. ........................... .................... ...... .............. .....................1
II. BACKGROUND. ......... ..... .......... ... ................ ............... .................................. ............. ..2
III. FINDINGS.................................................................................................................... 3
Financial Condition.................................................................................................. 3
Financial Management. ............................ .................. ............ ..... .............. ............... 5
Financial Forecast..................................................................................................... 6
Implications of Future Development ......................................................................9
Capital Investments and Related Maintenance Obligations ...............................12
Tax Increment Financing... ... ............... .......... .... ............. ........................... .............14
Retirement Liabilities............................................................................................. 16
IV. STRENGlHENING CHULA VISTA'S FINANCIAL CONDmON .....................................18
ADDENDUM
BIBLIOGRAPHY
ApPENDIX A: BACKGROUND DATA
/J r-",
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LIST OF FIGURES AND TABLES
Figure 1:
Figure 2:
Table 1:
Table 2:
Table 3:
General Fund Revenues and Expenditures......................................................3
General Fund Revenues and Expenditures (Projected)...................................7
Chula Vista Residential Development Capacity ..............................................9
Additions to City Assets ..................................................................................12
PERS Required Contribution Rates................................................................. 17
20 ])-3
1. INTRODUCTION
This independent financial review provides the City of Chula Vista with a set of findings
and a related set of recommendations intended to address the current budget imbalance
and to establish a sound and sustainable basis for future budgets. The financial review
is focused upon determining the magnitude of the current budget problem and
illuminating the factors that may have led to the current situation. This independent
review is based upon a thorough review of prior City budgets, annual audits, and
related financial information. The financial review also considered financial information
and strategic plans provided by indi vidual departments.
The City of Chula Vista is a vital, growing city located in the southern portion of the San
Diego metropolitan region and covers about 50 square miles. The City is home to more
than 220,000 people, marking it as the second largest city in San Diego County. The City
has grown dramatically in recent years; in 2003, the Census Bureau identified Chula
Vista as the seventh fastest growing city in the United States. Since 1990, the population
grew at an average compounded rate of four percent annually. Recent trends indicate a
slowing of this growth rate linked to the downturn in the housing market. Longer term
prospects are sound - there remains substantial development capacity and regional
economic trends are favorable.
The City's Budget has also grown substantially reflecting an ongoing effort to maintain
and improve service standards and quality of life for the growing population. The
City's municipal service standards are equal to or better than those of comparable cities
in the State. The City's Growth Management Ordinance requires that these service
standards be maintained or improved as the City grows. The approximately $170
million annual budget provides for a broad range of public services including general
government, public works, police and fire, planning and building, community
development, recreation and library. Staffing levels have generally grown proportionate
to population growth in recent years. Major new construction of public facilities and
infrastructure has occurred in recent years, funded in large part by impact fees but also
relying upon general revenue sources as well. New facilities have included a new police
station, a major renovation of the Civic Center complex, three fire stations, new city
parks and three recreation centers, an animal shelter, a new corporation yard, and a
significant amount of new road infrastructure improvements. The City is also
undertaking redevelopment activities along its Bayfront, in the downtown, area and
along older commercial corridors.
As the City transitions from a sustained period of high growth and development to a
more stable level, it faces many transitional issues. Slowing .revenue growth and
continued cost growth create a significant set of challenges, compounded by current
budget conditions, to achieving a fiscally sustainable city. While there are existing and
future challenges to be faced, the prospects for the City are very sound given regional
market conditions, local development opportunities, the extensive capital investments
that have been made, and the capabilities of City staff.
1
P:\1700c/!;\17006ChulllFiIlRvw\RepllTt\17006rpt6.dcc
20D-tf
II. BACKGROUND AND ApPROACH
-
Following years of steady growth in municipal revenues and expenditures Chula Vista
has encountered a period of fiscal stress, evidenced by increasing difficulty in balancing
the budget in the past few years. Approaching the 2007-08 fiscal year, revenues
continue to fall short of expenditures requiring further draws on reserves and reductions
in expenditures.
In view of these difficulties, the City Council commissioned this independent financial
review to shed light on the causes of the current problems, offer recommendations that
address the current problem, and establish a sustainable approach to budgeting in the
future. Specifically, the request for proposals for the independent financial review
highlighted eight desired results:
.
A summary of the current approach used by the City in managing its finances.
.
A review of the current state of the City's financial condition.
.
A determination of the most pressing factors on the City's financial condition in the
five and ten-year time horizons.
.
A discussion of the financial implications of major development including continued
residential development and revitalization and redevelopment projects.
.
A review of capital, infrastructure and maintenance commitments and spending.
.
A review of past and current use and capability of tax increment financing.
.
An assessment of the financial implications of unfunded retirement system
liabilities.
.
Recommendations for strengthening Chula Vista's financial condition.
The independent financial review has consisted of an intensive review of financial
documents provided by the City, a detailed evaluation of fiscal (costs and revenue)
trends, consideration of market trends and circumstances, a formal workshop with key
City management and departmental staff involved in budget making, and selected
interviews with key City staff members. The findings and recommendations included in
this independent financial review are entirely the opinion of the consultant, based upon
the technical analysis conducted.
2
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2DD-6
III. FINDINGS
During the last decade, the City of Chula Vista has successfully managed a very rapid
growth rate, requiring a substantial effort involved with planning, administering, and
investing in necessary infrastructure and expansion of municipal services.
It has long been recognized that growth itself was generating substantial direct (e.g.,
service charges and fees) revenues that would subside along with development, both
cyclically and as the community approaches "buildout". However, it has also been
assumed that the more stable revenue base of the City, including property taxes and
sales taxes, would also grow and eventually compensate for rapidly increasing recurring
costs and a downturn in service charges and fees. Although it is likely that this is true in
the long run, delays in the timing of stabilized revenues vs. the loss of development
revenues have contributed, along with several other factors, to short-term financial
stress.
The following findings respond to the first seven" desired results" of the independent
financial review. A subsequent chapter addresses related recommendations.
FINANCIAL CONDITION
1. The City of Chula Vista financial condition was stressed in the current budget cycle
(2006 and 2007).
a. Current budget conditions were
precipitated by substantial
increases in costs, and revenues
falling behind growth seen in
prior budgets. Figure 1
illustrates the recent use of
reserves and one-time funding
sources as expenditures
outpaced revenues.
Figure 1
General Fund Revenues and expenditures
$170
$140
~
=$110
'E
$80
lJse of Reserves & One-
lime Rewnues to Fund
Shortfalls & Md-Year
pppropriat/onS
$50
'" (\ _'" -'" -'" .... a. to -'" b '" (\
....0,c:JJ o$Jo, o$J'"" ....o,VJ- ~'J' ~'" "v"'''' ~'" ~'" ~<s ~<s ~'"
b. Expenditure increases included
significant salary increases
(including an initial 8 to 10
percent increase for Public Safety employees beginning in FY06, an increase in
debt service of $6 million annually over the past five years (a portion funded by
the General Fund) to pay for major new public facilities, and a significant
increase in Public Employee Retirement System (PERS) contribution rates.
c. Mid-year appropriations have also had a major impact on the need to draw-
down reserves. From FYOl through FY06, mid -year appropriations, net of
offsetting revenues, totaled $24.2 million.
3
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2OD-0
Final Report
Chula Vista Financial Review
June 14, 2007
d. The effects on reserves were compounded by limited revenue growth, including
revenue "take-aways" by the State; a loss of franchise revenue in 2003 caused by
declining energy prices and adjustments to the method of fee calculation; the use
of reserves to fund shortfalls which reduced interest earnings to the City; and a
slowing of development-related revenues without a corresponding reduction in
related costs.
e. Various "one-time" sources helped balance prior adopted budgets while reserves
have been drawn down for special projects and mid-year appropriations; this
strategy cannot be applied indefinitely without exhausting remaining reserves.
2. It will be challenging to meet budget obligations in the upcoming budget cycle.
a. Going into the two-year budget cycle, recurring revenues are lagging expected
expenditures. A combination of staff-related savings (e.g., freezing unfilled
positions, reducing positions not required for core functions) and other spending
reductions are needed to narrow the gap.
b. Expenditure controls on existing departmental functions, limitations on any new
expenditures, and focus on increasing revenues will all be necessary to balance
the budget and to create a more sustainable basis for future budgets.
c. The new budget provides a context for considering recommended reforms.
3. Over the longer term, the City's financial conditions will improve as its tax base
expands and appropriate fiscal discipline is exercised.
a. Growth prospects in Chula Vista remain sound; substantial development
capacity remains and regional market conditions are favorable to Chula Vista.
While current national economic trends affecting the housing market are
expected to continue for several more years, a rebound will eventually occur, as
is typical of the business cycle.
b. In addition to growth prospects, considerable opportunities exist to continue the
expansion of the City's tax base (e.g., retail sales).
c. Existing collective bargaining agreements (MOOs) expire in 2010. Future
negotiations should link employee compensation agreements to an achievable
forecast of municipal revenues.
d. Recent completion of new public facilities provides capacity for substantial
future growth without a corresponding need for future debt service.
4
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2OD-7
Final Report
Chula Vista Financial Review
June 14, 2007
FINANCIAL MANAGEMENT
4, The organizational structure and staff overseeing the City's finances and the budget
process are sound,
a. The current organizational structure and budget-making procedures followed
reflect common and well-accepted practices among municipalities around the
State and country. Prior City budgets have been recognized for their excellence
by professional organizations including the California Society of Municipal
Finance Officers and the nationally-based Government Finance Officers
Association.
b. Currently, the budget-making process formally begins with overall priority
setting by the City Council followed by an interaction between the Office of
Budget and Analysis (OBA), Finance, and the individual departments. In this
process, departmental budget requests are typically based on prior budget
appropriations, plus new expenditures to cover salary increases, expansion or
improvement to services, and capital outlays. At the same time, OBA and
Finance, being aware of overall revenue limitations, struggle to contain costs,
find additional revenues, and balance the overall budget. Ultimately, the City
Manager prepares a draft budget for consideration by the City Council.
c. Record keeping, data availability, and audited financial statements all reflect
sound financial practices.
d. The two-year budget used by Chula Vista provides a sound approach to
budgeting and can make the budget-making process more efficient and cost-
effective; however, in periods of rapid change or stress, a single-year budget
process maybe necessary.
e. City staff has historically prepared revenue and cost forecasts, although their
budget forecasting capabilities will be improved through implementation of the
"Muni -Cast" model currently under development by the Finance Department.
f. While the City's budget making process formally begins with a priority-setting
process; the process has apparently not comprehensively considered and
prioritized all increases in expenditures, including employee compensation and
benefit agreements, capital expenditures and debt service, and increases in
services or service levels against a conservative forecast of revenues available.
g. The stresses underlying the FY 06-07 Budget were not described in the budget
document. Future budgets should more transparently reveal issues and
constraints being faced and how the budget responds to these issues and
constraints.
5
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20D-2
Final Repart
Chula Vista Financial Review
June 14, 2007
h, The Capital Improvement Program (CIP) document, while comprehensive with
regard.te projects programmed, lacks transparent identification of how majer
capital expenditures are funded and the sources of this funding.
i. Departmental "strategic plans," while useful descriptions of accomplishments
and ideal service and facility plans, are not fully responsive to the budget
priority-setting process because they generally lack assessment of response to
external conditions (e.g., cyclical or permanent reductions in development.
activity) or realistic funding constraints. Moreover, the strategic plans do not in
all cases utilize common forecasting framework or consistently apply
performance-related measures.
5. Cumulative budget implications of previous expenditure commitments, including
major capital projects, staffing levels, and increased employee compensation, were
not adequately anticipated,
a. During the period of rapid urban expansion, the combination of short-term
revenue increases, the growing demands for facilities and services from new
development, and the opportunities to improve civic facilities have focused the
City's attention upon building major inf.rastructure and facilities and expanding
services to meet new demands.
b. During this period, it is not clear that budgetary forecasts and constraints were
adequately taken into account as the City Council considered expenditure
commitments, either during the budget process, negotiations with bargaining
units or when committing to major capital improvements.
c. In budgets prior to the current ('06-'07) budget, deferring consideration of major
expenditures items to mid-cycle limited the ability of the City Council to
consider and prioritize these expenditures in the context of overall budget
conditions and capabilities.
FINANCIAL FORECAST
6, Budget prospects in the five-year time frame (the next two or three budget cycles)
indicate the need to carefully control costs, expand revenues, and rebuild reserve
accounts,
a. At this juncture, beginning preparation of the 2007 and 2008 Budget, revenue
constraints have become evident, along with the full implications of prior budget
commitments.
b. Compensation and benefit agreements with employee bargaining units
committed the City to substantially increased costs through 2010.
6
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Final Report
Chula Vista Financial Review
June 14, 2007
c, Debt service for- major facilities has become a significant General Fund
obligation, totaling $13.7 million annually, although over half ($7.5 million) of
these costs will ultimately be borne by the City's development impact fees. The
debt service, and the General Fund share, will decline by over $2.5 million when
the Pension Obligation Bonds are paid off in 2012. Debt service obligations,
unlike service levels, are not discretionary and cannot be modified in response to
changing revenue availability and budget priorities.
d. The City has recently completed an effort to quantify the cost of major facility
maintenance, including roads and drainage facilities. The major expansion of
infrastructure and facilities in recent years has greatly expanded these cost
obligations, as well as costs associated with a broad range of other public assets
including buildings, parks and recreation facilities for which maintenance costs
have not been fully estimated. It will be necessary in the upcoming and future
budgets to address the costs of preventative and deferred maintenance.
e. Anticipated (conservative)
increases in recurring
municipal revenues are not
likely to match the total
funding required because of
baseline expenditure
increases, new expenditures
(e.g., full funding of
maintenance costs),
adjustments to funding of
redevelopment, and
rebuilding of reserve
accounts. Figure 2 illustrates
conservative revenues just meeting expenditures; however, this expenditure
forecast does not include the full costs anticipated for meeting maintenance
needs, nor for rebuilding reserves.
Figure 2
General Fund Revenues and expenditures
Projected
$200
Moderate
Revenue Growth . -
% /
~
.
c
&
e $170
$140
2007
2008
2009
2010
2011
2012
2013
f. While positive economic activity and greater revenue growth will help address
these funding issues, the City will continue to be subject to certain unpredictable
risks that it has encountered in the past, including development downturns,
fluctuations in energy prices and utility consumption, legal decisions regarding
certain revenue sources, economic cycles affecting the value of its pension assets,
and uncertain timing regarding major development projects.
7
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20D-IO
Final Report
Chula Vista Financial Review
June 14, 20W
7, Budget prospects in the ten-year timeframe are sound. However, caution and
" continued revenue enhancementuwill still-be necessary.
a. Growth prospects are sound and ample opportunities exist to expand the City's
retail and visitor-serving sectors" These opportunities, as realized, will underpin
steady revenue increases during the ten-year time frame.
b" While major capital expenditures have been made in the past few years, reducing
the need for a continuation of capital investment at recent levels, there will be a
continuing need to invest in infrastructure and new facilities in order to maintain
service levels mandated by the Growth Management Ordinance"
c. Concerted action to control costs and to expand existing revenues during the
next five years will contribute to a sustainable fiscal base for Chula Vista in
subsequent years.
d. Significant additional costs are anticipated and will need to be funded in the ten-
year time frame. These include:
Continued increases in staff salaries (to be determined in the next round of
negotiations with bargaining units in 2010);
Funding deferred and scheduled maintenance of major municipal facilities
and infrastructure; and
Assuring adequate reserve accounts.
Additional staff needs to maintain service standards and thresholds.
e. Despite the City's sound growth prospects, future revenues will not be sufficient to
cover all exvenditures. The City will continue to face the potential adverse impacts
of economic cycles, the magnitude of required capital maintenance (deferred and
preventative), and other risks to existing sources of recurring revenues.
Accordingly, seeking efficiencies in service delivery and other cost savings along
with additional sources of revenue for funding desired capital projects or
maintaining or improving service levels may be required.
8. The financial forecast for Chula Vista ultimately depends upon the quality of
information provided by City staff and the budget decisions taken by future City
Councils.
a. The forecasts provided above, or the more detailed forecasts that will be made as
a part of the subsequent budget-making process, provide a basis for decisions.
b. Forecasting should anticipate possible variations in costs and revenues, but it
cannot predict unforeseen circumstances, including changing economic
8
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Final Report
Chula Vista Financial Review
June 14. 20a?
conditions, changes in State statutes affecting local government finance, and legal
challenges.
c. The fiscal sustainability and well-being of Chula Vista depends on actions by this
and future City Councils, including:
Fully recognizing revenue limitations and risks.
Achieving economic development objectives.
Establishing clear expenditure priorities.
Balancing decisions regarding capital improvements, staffing levels and
compensation, and services against conservative revenue forecasts.
IMPLICATIONS OF FUTURE DEVELOPMENT
9. There is substantial remaining residential development capacity in Chula Vista that
will require additional expenditures and, at the same time, generate municipal
revenues.
a. The recently updated General Plan included a substantial definition of
development capacity throughout the City; the physical capacity for an
additional 30,000 units exists. As shown on Table 1, the majority of this capacity
is located in eastern Chula Vista.
Table 1: Chula Vista Residential Development Capacity
Residential Development Type
City Sub-Area Single-Family Multifamily Total %
Eastern Chula Vista 6.356 11,084 17 ,440 55%
Northwestern Chula Vista 117 7,667 7,784 25%
Southwestern Chula Vista 62 3,792 3,854 12%
Bayfront Q. 2,400 2,400 8%
Total 6,535 24,943 31,478 100%
21% 79% 100%
Source: Chula Vista Planning & Building Services, based on General Plan.
b. Residential development capacity is dominated by "multifamily" housing
prototypes (e.g., townhomes) of a higher density than the traditional single-
family product that has dominated the market in recent decades.
9
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Final Report
Chula Vista Financial Review
June ]4, 2007
c, The mix ofresidential density typeswillgenerallytend~to.generate somewhat
lower average sale prices (and related property taxes). However, the population
growth and related service demands will be slightly less per unit, relative to
single-family development.
d. Over the next decade residential (and related population) growth rates are
expected to be, on average, below those experienced during the early part of the
current decade. For purposes of budget forecasting, a figure of 1,600 units per
year is a sound estimate for the next ten-year period, although annual rates will
vary around this number. It appears that fewer units than the longer-term
average may be built in the next few years as the housing downturn continues.
Near-term revenue forecasts and staffing decisions should reflect the likelihood
of this continuing weak housing market trend.
10. Growth Management Ordinance "threshold standards" obligates the City to
maintaining or improving service levels to this new development (along with all
existing development).
a. The City has successfully expanded facilities and services during the period of
rapid growth and has generally met the "threshold standards" established in the
Growth Management Ordinance.
b. With the City's major infrastructure in place, average additional capital
investments per resident should decline as existing investments full capacity is
realized.
11. Opportunities exist for the City to improve its revenue performance by capturing a
larger share of local retail sales.
a. At the present time residents of Chula Vista continue to make retail purchases
(particularly "regional" shopping goods) in other retail venues in the San Diego
region.
b. Current retail sales tax per capita is $106, which is approximately 75 percent of
the State and Countywide averages.
c. Over time the City's retail performance has improved; however, there is an
opportunity to capture a higher percentage of local sales and attract regional
sales to the City. Major projects under development or in the "pipeline" include
the Otay Ranch Town Centre Mall, the Eastern Urban Center, and expansion of
the Chula Vista Auto Park.
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d. These specific opportunities to increase retail sales, along with new business
.. throughout the City will contribute to a continued increase in retail'sales tax in.
the City's budget.
12. Four major nodes of development will transform the City.
a. The Bayfront area will be transformed by the major destination resort/conference
center currently being planned and negotiated by the City, a private developer
(Gaylord) and the Port of San Diego.
b. The pending adoption of the Urban Core Specific Plan along with subsequent
implementation efforts will set the stage for revitalization and redevelopment of
the Urban Core Area.
c. The University Park and Research Center (UPRC) will be located on a 500-acre
site in eastern Chula Vista. The UPRC will combine the academic activities of a
number of institutions of higher learning, private-sector research and
development and a commercial center.
d. The Eastern Urban Center (EUC) is envisioned as a major urban center located
along the alignment of the new State Route 125 in eastern Chula Vista. The
Eastern Urban Center will include a dynamic mix of higher density housing, a
town center area, community parks and other recreational amenities and a
business park/industrial area.
e. Taken as a whole, these projects will establish a vital new urban context for the
City, attracting new business and services, and creating new educational,
recreational, and commercial opportunities.
13. The current organization of the City's planning and community development
functions inhibits the City's ability to achieve economic development and
redevelopment objectives.
a. The Planning and Building Services Department historically has focused its
efforts on development activity in the eastern portions of the City, whereas the
Community Development department has focused on redevelopment and
planning in the City's western area.
b. The traditional geographic division and conflicts between the Planning and
Community Development Departments inhibit the City's efforts to achieve
specific economic development initiatives, restore and revitalizing existing urban
areas, and sustain quality of life throughout the City.
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c. While the strong commitment to managing new development in the eastern
portion of the City should continue, a balanced. approach to.revitalizing existing.
commercial areas and neighborhoods throughout the City will also be needed,
including redirection of development-related staff resources to code enforcement
and neighborhood revitalization. As this transition occurs, cost recovery through
service charges to new development will proportionately diminish, increasing
the general fund support for planning and building-related services.
CAPITAL INVESTMENTS AND RELATED MAINTENANCE
OBLIGATIONS
14. The City has aggressively pursued major capital investments during the past decade.
a. During the past five years the City has significantly increased its infrastructure
and public facilities assets, the estimated value of which grew from $370 million
to over $900 million, an increase of over $500 million (not including
"construction in progress").
b. These improvements have included the infrastructure necessary to support
development in the east, primarily constructed by developers as conditions of
approval and the City's development impact fees, and also major civic facilities
including the police headquarters, the renovated City Hall, the new corporation
yard, the three new recreation centers, and the three new fire stations.
Table 2: Additions to City Assets
Fiscal Year Ending (1)
Item 2002 2003 2004 2005 2006 5-Year Total
Land $4.8 $3.9 $6.6 $8.7 $2.5 $26.5
Construction in Progress 22.9 29.6 30.0 32.8 42.5 157.8
Buildings 0.1 27.5 1.0 77.2 105.8
Other Improvements 2.0 3.4 5.7 4.0 15.1
Machinery and Equipment 3.9 3.5 3.4 3.7 3.0 17.5
Infrastructure 11.7 153.9 60.4 69.8 67.1 362.9
Total $43.4 $220.4 $104.8 $120.7 $196.3 $685.6
(1) 2006 shows governmental activities; other years include business.type activities.
Sources: Comprehensive Annual Financial Reports, Notes to Financial Statements; Economic and Planning Systems. Inc.
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15. Funding for capital improvements has come from a variety of sources that might not
be sustained-in the-future.
a. Funding for the new capital improvements has been den ved from development
impact fees, tax increment financing, other special funds, and increasingly, the
General Fund.
b. As the level of development has stabilized and existing financial capacity has
been tapped, the rate of investment that has occurred recently will not be
sustained.
16. Additional capital improvements will be necessary as growth continues; the Growth
Management Ordinance "threshold standards" establish a quantitative link
between facilities and new development.
a. Recent investments and pending agreements assure that a complement of
facilities needed to achieve "threshold standards" either are built or will be built.
b. Generally, growth-related infrastructure is funded with the City's development
impact fees. Major facilities, such as the new City Hall, the policy headquarters,
and the corporation yard, all have capacity to meet demands of buildout levels of
population.
c. Additional facilities, including new fire stations, parks and recreation centers,
and the proposed new library will be needed to meet threshold standards as the
City continues to grow.
17. Operating and maintaining infrastructure and civic facilities will place an
increasing financial burden on City.
a. As the facilities age, maintenance costs will grow. Future costs will be even
greater if inadequate funds are committed to maintenance in initial years, and
deferred maintenance is allowed to grow.
b. Maintenance of existing facilities has, in some cases, been deferred, so there will
be additional costs involved in addressing this deferred maintenance.
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TAX INCREMENT FINANCING
18. Over the past 30 years the City established five redevelopment project areas which
have subsequently been amended, expanded, and merged.
a. Five redevelopment projects areas have been formed in Chula Vista including
Town Centre 1 (1976), Town Centre II (1978), Otay Valley (1983), the Southwest
Area (1990), and the Bayfront (1974).
b. These redevelopment project areas have been amended over the years, and more
recently, merged into two larger project areas, the Merged Chula Vista
Redevelopment Project Area and the Merged BayfrontfTown Centre 1
Redevelopment Project Area.
c. Despite the mergers, the original duration of the original (now constituent)
project areas remain; the Town Centre areas (I and II) will come to term (the time
beyond which no debt can be issued) in the next decade.
d. The Redevelopment Plan areas have substantial tax increment and bonding
potential remaining, per the legal limits as set forth in the enabling
redevelopment plans; however this capacity has not been realized due to lack of
growth in assessed value.
19. Funding from redevelopment project area property tax increments is allocated to a
variety of redevelopment-related activities and obligations.
a. Taken as a whole, the redevelopment project areas generate approximately
$10.4 million in property tax increments annually.
b. Under the terms of the original redevelopment plans approximately $2.3 million
of tax increment funding is "passed through" to the County and other taxing
jurisdictions.
c. Under the provisions of State Redevelopment Law, 20 percent of tax increments
must be set aside for affordable housing projects in the City; at the present time
nearly $2 million annually is set aside for affordable housing subsidies, which is
slightly less than 20 percent of the total increment. The percentage is less than 20
percent because of prior expenditures of tax allocation bond for affordable
housing projects.
d. Current debt obligations, including tax allocation bonds and payments on
certificates of participation, total $3.9 million annually. These debt commitments
will be relatively stable in the coming decade.
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20. Current funding commitments constrain future use of property tax increment
financing-to stimulate desired. -private investment.
a. The tax increment remaining after "pass-throughs", affordable housing, and debt
service is approximately $2.5million annually. All of this remaining increment
has been consumed in recent years entirely by operational and administrative
costs. In fact, costs applied to the redevelopment fund have exceeded
redevelopment tax increment funding available in recent years.
b. In the FY 05-06 Budget, approximately $4.3 million of costs were applied to
redevelopment. Of these charges $3 million were for Community Development
Staff while the remaining $1.3 million were for other department staff, most
significantly the City Attorney, Administration, and Planning and Building
departments.
c. The direct cost of Community Development staff (without the City overhead
factor) was approximately $1.5 million.
d. Savings to the tax increment fund could be achieved if the current Community
Development staff were charged directly (without the applied City overhead
factor) and other City department direct costs were more limited. However, this
shift in cost allocation would come at the expense of the City's General Fund.
e. In any event, virtually no tax increment funding remains for project-related
investments. The future ability of Redevelopment Agency to make substantial
investments will depend upon increases in the assessed value within the
Redevelopment Project Areas, which in turn is linked to success of revitalization
and economic development efforts.
21. Major investments funded with tax increment have not in all cases led to
corresponding private investment and related redevelopment activity.
a. Major investments made with redevelopment funds, including sites for public
facilities (police station), parking garages, and streetscape improvements, were
not directly linked and strategically targeted to incentivize private development.
b. In the past no objective criteria appear to have been applied by the Community
Development Department in making project-related investments. State statutory
requirements, while directive, are rather broad and subject to interpretation.
c. The adoption of the Urban Core Specific Plan and pursuing its implementation
will remove current land use policy constraints that limit potential
redevelopment and revitalization activity in the Urban Core Area.
Redevelopment of the area will help achieve economic development and
redevelopment goals which in turn will contribute to the City's revenue base.
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22. Prospects for the deployment of redevelopment powers and resources in Chula Vista
~~ arefavorable. .~
a. Market conditions in the redevelopment project areas, as is the case throughout
the City, are sound, despite the current downturn in the housing market. Ample
business opportunities consistent with City's redevelopment objectives exist, as
is evidenced by the pending exclusive negotiating agreements.
b. There are many competing uses for redevelopment activity throughout the
project areas including improving existing neighborhoods, subsidizing
affordable housing, leveraging (and thus stimulating) private investment in
beneficial projects that would otherwise be Infeasible, and providing beneficial
urban amenities that generally stimulate private investment.
RETIREMENT LIABILITIES
23. The City has entered into agreements with public employed bargaining units under
which the City must fund an expanding retirement obligation through PERS.
a. At the present time, payments on behalf of City employees to the retirement
system equal 16 percent of the City's General Fund.
b. As employee salaries increase, future retirement obligations and required
contributions similarly increase. The 8 to 10 percent salary increase for Public
Safety employees beginning in FY06 created an additional liability that may
trigger an increase in contribution rates, depending on the future performance of
the PERS investments.
24. In addition to the direct payments made on behalf of the employees to the retirement
system, the performance of the PERS portfolio, which is subject to market forces,
could be a further drain on City financial resources.
a. Since 2002, contribution rates increased dramatically, largely because of adverse
impacts of market conditions on PERS investments. As shown in Table 3, stock
market gains during the late 1990s provided adequate funding for the retirement
plan. The subsequent losses required a significant, multimillion annual
contribution by the City to assure adequate funding.
b. The most recent PERS analysis (June 30, 2005) indicated that the unfunded
liability for the Safety Plan was 91.6% and for the Miscellaneous Plan was 77.3%
(based on market value of assets).
c. Future economic cycles could similarly cause significant cost increases to the
City's budget, although the "smoothing" strategy implemented by PERS will
limit year~to~year fluctuations in financial market performance.
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Table 3: PERS Required Contribution Rates (1)
Category
2002
Fiscal Year Ending
2003 2004 2005
2006
Public Safetv
Employer
Other (2)
Total
Miscellaneous
Employer
Other (2)
Total
0.00% 0.00% 5.78% 24.47% 23.25%
9.00% 9.00% 9.00% 9.00% 9.00%
9.00% 9.00% 14.78% 33.47% 32.25%
0.00% 0.00% 12.02% 15.98% 20.15%
8.00% 8.00% 8.00% 8.00% 8.00%
8.00% 8.00% 20.02% 23.98% 28.15%
(1) Does not include additional oasts to repay City's Pension Obligation Bond.
(2) "Other" includes City-funded employee share.
Sources: CalPERS Actuarial Valuation Reports
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IV. STRENGTHENING CHULA VISTA'S FINANCIAL
CQNQI1'ION
The findings of this financial review effort expressed above lead to a set of
recommendations for strengthening Chula Vista's financial condition. As noted in the
findings the circumstances faced by the Oty are entirely manageable; while there are
existing and future challenges to be faced, the prospects for the City are very sound
given regional market conditions, related development opportunities, the investments
that have been made and the capabilities of City staff.
The key to facing the challenges will be a commitment to a set of changes including
those related to budget making, departmental management, and reorganization.
1. Decisive action is necessary in the cnrrent budget cycle to contain costs allowing
recnrring municipal revenues to "catch up" with sustained expenditure levels.
a. A substantial effort will need to be made to contain expenditures through such
actions as freezing or eliminating certain unfilled positions and limiting non-
essential capital outlays, and curtailing or eliminating non-core services.
b. It will be important for this cost-containment effort not to inhibit essential
capabilities or impede activities that have potential for increasing municipal
revenues, including maintaining an adequate complement of staff in key
development services functions including processing development applications,
implementation of key planning and community development initiatives
including major retail expansion projects, the Bayfront, and the Urban Core Area.
c. Funding expenditures that in the longer term are viewed as essential (e.g., re-
establishing a sufficient reserve fund) will need to be deferred until sufficient
revenues become available.
d. Consider reverting to a single-year budget cycle for a period of the next four
years.
2. Continue transitioning to a more "program planning" and "performance- based"
budget process utilizing departmental strategic planning and effective City-wide
priority setting.
a. City staff has been moving toward program- and performance-based budgeting
for the past several budget cycles. A program-oriented budget is based primarily
on programs (and program priorities) and secondarily on traditional budget unit
characters and objects. The major benefit of a program planning approach lies in
the planning and priority setting process, i.e., the process of making budget
decisions that support specific multi -year plans and related performance
measurement.
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~ b, -However, as~notedin thefindingsi~the current budgdmaking~process~doesnot~
necessarily provide a full opportunity for requested expenditures to be fully
prioritized in view of budget constraints and strategic objectives, while at the
same time information that would allow such prioritization currently exists (or
can be included) in the strategic plans prepared by the individual operating
departments.
c. Departmental "strategic plans" typically serve as a basis of a program-oriented
approach to budgeting. The City's departmental strategic plans, in the future,
should incorporate assessment of potential external forces influencing service
costs (e.g., growth rates), consider likely constraints on general fund revenues,
and focus on specific program outcomes and service standards and on ways to
increase efficiency and scale operations to reasonable expectations of service
demands.
d. At all times but particularly at a time of fiscal stress, priority setting - making
strategic choices responding to limited budget resources is essential.
3. Strengthening reserve accounts should be a primary objective budget policy in future
budget cycles.
a. Current reserve policy, at 8 percent, may be inadequate, given the contingencies
and risks faced by the City as time goes forward. Whlle there is no "magic"
number, a target of 15 percent would provide a more comfortable cushion
against unforeseen events and circumstances. During peak growth periods,
larger contributions will help to buffer against inevitable downturns.
b. Reserve funds should be retained for the purpose of dealing with unforeseen
circumstances or expenditures. Thus, the City Council should be required to
make specific findings regarding the proposed expenditure in order to transfer
funds from reserves to the General Fund or special projects. At the same time a
more thorough effort to anticipate costs in the adopted budget will minimize the
need for drawing down reserves.
c. In addition to general reserves, a number of special reserve funds should be
created and funded at an appropriate level including the existing equipment
replacement fund and a facility maintenance fund. Longer term replacement of
major facilities will also be an expenditure at some point in the future. The levels
can be determined through a combination of risk assessment, "life-cycle" cost
analysis, and evaluation of existing conditions and optimal levels of
repair/replacement.
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4. Applying the financial forecasting capability presently being developed by City staff
will help assure that expenditure-commitments are offset-by-realistk expectations of -
municipal revenues.
a. City staff is currently deploying a new budget forecasting capability using the
"Muni -Cast" software. This new forecasting ability will improve the ability of
staff to forecast future budget conditions, conduct sensitivity analysis, and assist
in the priority-setting actions of the City Council.
b. Improved technical capability to estimate costs associated with maintenance of
municipal infrastructure will assist in budgeting for this purpose.
c. The departmental strategic plans should incorporate and respond to the City's
overall revenue forecast and be developed in sufficient financial detail (annual
costs and phasing) to facilitate incorporation into the cost forecasting effort.
d. The cost and revenue forecasting process should including specific "sensitivity"
analysis of potential budget circumstances such as loss of a vulnerable revenue
source, continued downturn in development-related revenues, and failure to
achieve economic development objectives. For example, during the next few
years the implications of a protracted slowdown in housing starts should be
explored.
5. The City should focus its planning and economic development efforts upon coherent
effort to promote development consistent with the General Plan, thereby expanding
the City's tax base.
a. This expansion should occur through economic development, redevelopment,
strengthening of existing retail business, and revitalization of existing
neighborhoods.
b. A concerted effort of the City, engaging the talents of all related departments,
should be focused upon achieving key economic development and
redevelopment objectives including the Bayfront, the Urban Core revitalization,
the Eastern Urban Center, the University Park and Research Center, and the
expansion of retail shopping opportunities throughout the City.
c. Objective criteria should be established to determine the appropriate type and
amount of financial assistance to development projects. As an example,
redevelopment investments should meet a range of "tests" including such
requirements as the "but for" test (without assistance the project would not
happen); "proportional direct private investment" (private investment should
match redevelopment expenditures by a factor of ten or more); and "economic
development and fiscal benefits" (e.g., jobs, retail sales taxes, blight removal,
etc.).
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~ d,
Reorganization of~the City's. planning,redevelopment,- economic-development,
housing, and development services functions and related policy and procedural
reforms can improve the efficiency and effecti veness of planning and economic
development efforts. Given history, such reorganization will be challenging. An
independent management study should be conducted to determine the most
optimal organizational structure and the steps necessary to achieve this
structure.
e. In any event, the Redevelopment Agency should be maintained as a separate
budget unit.
6. Attaining and sustaining maximum "cost recovery" for development related services
should be implemented through regularly updating service fee schedules.
a. A review of development service charges for services, impact fees, and related
development-related revenues should be conducted. Consistent with recent
completed technical analysis, service charges and fees should approach fun "cost
recovery" levels.
b. Service charges and fees should be "indexed" annually and/or updated every
year or two to assure that they remain able to cover related costs.
c. The potential economic effects of service charges and fees should, at the same
time, be considered and policies established for balancing cost recovery efforts
with economic development objectives.
7. The City should monitor regional and State trends related to pension reform.
a. It is recognized that the City will need to continue offering competitive salary
and benefit packages to assure attraction and retention of high quality staff;
however, cost increases, especially for public safety functions, win likely
continue to escalate faster than existing recurring revenues, placing continued
pressure on the budget.
b. This issue is of concern to cities throughout the State (and around the entire
Country) and thus responses at the State level will continue to be a possibility.
The City should, through its legislative efforts and participation in the League of
Cities, monitor and participate in the formulation of appropriate reforms.
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8. New sources of revenue, especially related to maintenance and capital replacement
obligMions;shouldbe sought,------ -- ---.---
a. Major, currently unfunded expenditures will be needed to maintain the City's
growing infrastructure and public facilities assets.
b. Alternatives for funding these maintenance costs should be considered including
the creation of City-wide maintenance districts, creation of development-;;pecific
maintenance districts or assessments, or expansion of general revenues to cover
these costs (e.g., sales tax measure).
9. Special funding should be sought for major civic facilities in the future (e.g., general
obligation bonds).
a. The City has benefited from growth over the past several decades; this
development has, through the City's development impact fees and other
revenues and agreements, funded a substantial improvement in the City's
infrastructure and public facilities.
b. Additionally, as general revenues have increase, the City has funded new public
facilities with general revenue sources using certificates of participation and
other funding mechanisms including redevelopment tax increments.
c. Development-related and general revenue sources will both be more constrained
in the future and thus the City may need to seek funding from voter-approved
bonds. Such bonds (e.g., a general obligation bond) can be used for a variety of
community improvements including deferred maintenance projects and new
public facilities.
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ADDENDUM
-- - --- - -.------ -- ~ .--- ~ ..~
During City Council deliberation regarding the Independent Financial Review, a series
of questions were raised along with a request for clarification and prioritization of the
recommendations contained in the Report. Additionally, a key concern expressed was
the importance of follow-through on the recommendations. This Addendum provides
additional details for a number of priority recommendations and a framework for
implementing the recommendations.
A number of the recommendations are policy changes that can be implemented in short
order without significant analysis. Other recommendations would require additional
analysis or specification. Priority recommendations are expanded upon below,
including specific implementing language.
Table A-I includes a complete listing of findings and recommendations abstracted from
the Independent Financial Review, in a format to facilitate implementation. This table
provides a useful tool for the Council priority-5etting process, initiating work on the
recommendations and tracking progress. The "Priority" actions are described below,
and identified in Table A-I as priority "1". Other actions which could be implemented
immediately are identified as priority "2", and actions requiring a longer-term process
are identified as "3" in the table. Each action includes a reference to the corresponding
section and finding in the report.
PRIORITY ACTIONS
1. Establish policies for mid-year budget amendments.
The past practice of mid-year appropriations in a two year budget cycle contributed
to a significant draw-down of reserves, and, moreover, such appropriations can be
contrary to comprehensive priority-setting (llI.1.a) normally involved in budget
making. The Council should consider establishing policies limiting the use of mid-
budget appropriation amendments, for example:
. Funding for response to natural disasters and other unforeseen emergencies.
. Adjustments to budgeted items that cost more (or less) than anticipated.
. Funding an unforeseen time-sensitive expenditure where a substantial public
benefit is obtained.
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2. Establish guidelines for appropriate use and amount of reserves.
The City Council should consider reviewing its policy regarding the level and type
of the General Fund reserves; specifically:
. Increasing the target level of General Fund reserves to 15 percent of budgeted
expenditures. .
. Establishing a set of specific findings required in order to transfer funds from
reserves to the General Fund or special projects.
. Create a special reserve fund for public facility maintenance, funded annually at
a level commensurate with expected maintenance expenditures.
3. Establish priorities and guidelines for Redevelopment Agency assistance.
The City of Chula Vista Redevelopment Agency, pursuant to the statutory
requirements and the City's community development objectives, should consider
establishing criteria to evaluate requests for redevelopment assistance by private
companies. Application of these criteria will assure that redevelopment agency
assistance to private parties is consistent with applicable legal standards, State
statutory requirements (Community Redevelopment Law), and will contribute to an
optimal use of available redevelopment funding. These criteria should include and
quantify four topics:
1. The need for Redevelopment Assistance
2. The stimulation of substantial direct and indirect private investment
3. The creation of substantial economic and fiscal benefits
4. The provision of amenities or infrastructure not otherwise achievable
Such criteria would allow the City to document that requests meet redevelopment
requirements, and prioritize, if necessary, requests for redevelopment assistance.
Strategic goals and objectives should also be established to focus Agency assistance
(see also #4, Revise Strategic Plans) and specific projects and/or areas of the City.
4. Revise Departmental Strategic Plans
City department's strategic plans should be responsive to the budget priority-setting
process, and should consider assessment of response to external conditions (e.g.,
cyclical or permanent reductions in development activity) or realistic funding
constraints (I1I.4.i). Strategic Plans should consider the following:
. Follow a consistent form and content established by the City Manager.
. Align service requirements to a common set of demographics and growth
forecasts based upon the Annual Growth Management Report.v
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. Quantify and describe "core services" required at different levels of development
--activity-and in-differentareasof the-City----
. Describe a strategic response to City Budget priorities and forecasts.
5. Revert to a single-year budget.
The two-year budget cycle provides a sound approach to budgeting and can make
the budget-making process more efficient and cost-effective; however, in periods of
rapid change or stress, a single-year budget process may be necessary.
6. Complete implementation and deployment of the "Muni-Cast" model.
The modeling capability currently under development by the City can provide
improved budget forecasting and sensitivity analysis capabilities:
. Use a conservative development forecast, based upon the forecast developed for
the Annual Growth Management Report, but including sensitivity analysis to
bracket a lower (or higher) amount of development.
. Add "line items" to help evaluate the financial implications of
MOUJcompensation and benefit changes
. Add a feature that estimates the operating cost implications of major capital
investments (e.g. new parks, library, etc.)
. Add a feature that allows cost/revenue implications of future development
projects.
7. Expand asset management planning.
In addition to forecasting the maintenance costs of the City's roads and drainage
facilities, the maintenance costs of other facilities, e.g., parks, public buildings, etc.
should be calculated. This Action would provide data related to the establishment of
maintenance reserves (Action #2 above).
8. Review fees and charges and update on a regular basis
"Indexing" or updating the City's development-related service charges and
development impact fees is important to assure funding commensurate with current
costs and that "full cost recovery" is being achieved to the extent possible.
. Where possible fees and service charges should be "indexed" annually to adjust
for general price inflation.
25
P: \ 170005 \ 17006ChulllfinRvw IReport\ 17005rp/6.dac
;) ')1"' ,) Y
?-J~ i./-.?L
Final Report
Chuia Vista Financial Review
June 14, 2007
. Cost estimates included in the technical work supporting the development
_ impact feessh"uld- be reviewed-at a rninimum-ofevery-two-years t"assure that- --
the estimates reflect current costs.
. Staffing assignments and related cost recovery targets should be set based upon
the development forecast framework utilized in the budget forecasting model.
9. Consider funding from voter-approved bonds.
Development-related and general revenue sources will both be more constrained in
the future; accordingly the City may need to seek funding from voter-approved
bonds (IV.9.c):
.
Identify various forms of voter-approved funding
Identify the planned capital projects that are most suitable for City-wide funding.
Conduct scientific polling to gauge public support for capital projects and
willingness to pay for these projects.
.
.
10. Consider the formation of a budget oversight committee
The Independent financial Review concluded that the organizational structure and
staff overseeing the City's finances and the budget process are sound (IIlA). While a
budget oversight committee was not originally included as a recommendation in the
Independent Financial Review, the concept was raised by the City Council. The City
council can recommend that a committee such as the Legislative Subcommittee
provide ongoing oversight to the budget process and related implementation efforts,
or crate a new, specific budget oversight subcommittee.
. Identify oversight functions and information desired and charge finance and
budget staff to provide the desired information.
. Identify and evaluate examples of such similar committees in other jurisdictions.
Following completion of the above items consider additional levels of City Council
review and scrutiny.
26
P,\17000s117006ChIlIllFi!'lRllWIReportI17006rp16.doc
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BIBLIOGRAPHY
20 D~'::j'3
III
Economic &
Planning Systems
i',d-11O '-J'.',,!].
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,'i'ldi." I'",,'
BIBLIOGRAPHY
______ __.u_.. ______,____ _'__'_~_ .,..--.--- -------.-'..----
1. Bob McSeveney, Principal Management Assistant. City of Chula Vista
Department of Planning and Building. Memorandum to Maria Kachadoorian,
Director of Finance via J.D. Sandoval, Director of Planning & Building. "POs Not
Carried Over to FY 06/07." January 5, 2007.
2. Bob McSeveney, Principal Management Assistant. City of Chula Vista
Department of Planning and Building, Memorandum to Maria Kachadoorian,
Director of Finance and Ed Van Eenoo, Director of Office of Budget and Analysis
via J.D. Sandoval, Director of Planning & Building. "FY07 Redevelopment
Revenues." August 28, 2006.
3. Bob McSeveney, Principal Management Assistant. City of Chula Vista
Department of Planning and Building. Memorandum to Ed Van Eenoo, Office of
Budget and Analysis Director via J. D. Sandoval, Planning and Building Director.
"Code Enforcement FY06/07 Revenues Budget." July 21, 2006.
4. Brad Remp, Assistant DirectorjBuilding Official. City of Chula Vista Department
of Planning and Building. Memorandum to File. "Building Fee Study Adoption."
January 24, 2007.
5. "CaIPERS Actuarial Valuation - June 30, 1999. Miscellaneous Plan of the City of
Chula Vista Employer Number 195." October 26, 2000.
6. Chula Vista Fire Department. "Strategic Business Plan 2004 - 2010." July 1, 2004.
7. Chula Vista Public Library. "Chula Vista Public Library Strategic Plan 2002-
2006." April 2002.
8. Chula Vista Recreation Department. "Strategic Plan 2003 - 2008."
9. City of Chula Vista. "Chula Vista Municipal Code."
10. City of Chula Vista. "Construction Valuation, Property Tax, and Employment
Projections for New Residential, Commercial and Industrial Parcels within the
Major Project Area as of 2003 - 2006." March 28,2007.
11. City of Chula Vista. "Planning Fee Schedule." March 26,2007.
12. City of Chula Vista. "2007 Annual Growth Management Review Cycle:
Residential Growth Forecast Years 2007 through 2011." January 2007.
13. City of Chula Vista. "Adopted Budget Fiscal Years 2006-2007: Volume I"
P: \ 17000s \ 17006Chul~FinRvw IReport\ Bibliogmphy.doc
201)-3'/-
Chula Vista Financial Review
June 14, 2007
14. City of Chula Vista. "Adopted Budget Fiscal Years 2006-2007: Operating Budget:
- -Volume-II"--- ------- --.- ---- -. ---- -----.. -- -- ----
15. City of Chula Vista. "Comprehensive Annual Financial Report for the Year
Ended June 30, 2006." October 26, 2006.
16. City of Chula Vista. "Memorandum of Understanding between the City of Chula
Vista and Chula Vista Police Officer's Association FY 2005/06 through 2009/10."
August 2006.
17. City of Chula Vista. "Fiscal Year 2007 Budget Update." July 1, 2006.
18. City of Chula Vista. "General Fund Five Year Forecast 2007-2001." May 25, 2006.
19. City of Chula Vista. "Budget Update Fiscal Year 2007: Capital Improvement
Program." May 23, 2006.
20. City of Chula Vista. "Comprehensive Annual Financial Report for the year ended
June 30, 2005." September 30, 2005:
21. City of Chula Vista. "Recirculated Draft Environmental Impact Report."
September 2005.
22. City of Chula Vista. "Memorandum of Understanding between the City of Chula
Vista and Chula Vista Employees Association July 1, 2005 - June 30, 2010."
23. City of Chula Vista. "Memorandum of Understanding between the City of Chula
Vista and Local 2180 International Association of Firefighters AFL.CIO July 1,
2005 - June 30, 2010."
24. City of Chula Vista. "Memorandum of Understanding between the City of Chula
Vista and Western Council of Engineer July 1, 200S - June 30, 2010."
25. City of Chula Vista. "Adopted Budget Fiscal Years 2006/2007: Volume I Budget
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26. City of Chula Vista. "Adopted Budget Fiscal Years 2006 & 2007: Capital
Improvement Program." May 24,2005.
27. City of Chula Vista. "Adopted Budget Fiscal Years 2006/2007: Volume II
Operating Budget."
28. City of Chula Vista. "Draft General Plan: Document 1 of 2." December 2004.
29. City of Chula Vista. "Comprehensive Annual Financial Report for the year ended
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ii
P:\I7000s\17006Cl1uIilFi/lRlIw\Report\Bibliogra,.ny.doc
2OD-.:-.3S
Chula Vista Financial Review
Jun' 14, 2007
_ 30, -- - Diy-of E:hulaVista-Growth ManagementOversight Eommission~-"201}3-2004----
GMOC Annual Report." September 14, 2004.
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37. City of Chula Vista Council Agenda Statement. May 20, 2003.
38. City or Chula Vista. "Strategic Themes." April 9, 2003.
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40. City of Chula Vista. "Adopted Budget Fiscal Year 2003." June 18, 2002.
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02 and 2002-03."
46. City of Chula Vista. "2001-02 and 2002-03 Capital Improvements Program."
iii
p, \ 170005 \ 17006Chula FinRvw\&pC1Tt \ Bi~IiGgTIlphy.doc
20 D-36
47.
------------
48.
49.
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Chula Vista Financial Review
June 14, 2007
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--.2001-.---- -------- -- -- - ___~_u m_____ - om ----
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City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 2000-
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iv
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20 J:;'-?", 7
Chula Vista Financial Review
June 14, 2007
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2006,-n . ----.... -... --..---.
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Chula Vista Financial Review
June 14, 2007
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Chula Vista Financial Rroiew
June 14, 2007
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~'V-"r'-
Chula Vista Financial Review
June 14, 2007
~~ -98;-~ ~ ~ -Maria'Kachadoorian; Directorof~FinancefFreasurerc6ty-ofChula~Vista-Finance --- ~
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2003.
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118.
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2006.
IX
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Chula Vista Financial Review
June 14, 2007
121. Redevelopment Agency of Chula Vista. "Five Year Implementation Plan 2005-
'z089JLAdoptediuly18,2006.--- .. __... _... - .. ~._ .._. _.._ .._m__..
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131. Redevelopment Agency of Chula Vista. "Annual Financial Report, June 30,
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133. Robert W. Powell, Assistant City Manager. Council Information to Honorable
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2-D D-4-3
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Chula Vista Financial Review
June 14. 2007
Ron Seeling. CalPERS Actuarial & Employer Services Division.
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Chula Vista Financial Review
June 14, 2007
147.
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Chula Vista Financial Review
June 14, 2007
159. TaxpayersAdvocate.org. "A Fiscal Analysis of the City of Chula Vista, Chula
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xiii
P: \ 170009 \ 17006Cl1uhl FiIlRvw \Report \ Bibliography.doc
2DD-%
ApPENDIX A:
BACKGROUND DATA
2()D-Lf7
II
Economic &
Planning Systems
1'1;/11,. ('i'Il!!J"
f[~;~jrT7;il;:T7-;'IJ;;I-!-i ;-;-:::-- ---
J"'gi""'III'("',,,,,;;,.(
L<i';,il.;,-J',./;.,)
Table of Contents
Appendix
Chula Vista Financial Review; EPS# 17006
Figure # Name
Figure A-1 Residential Building Permits
Figure A-2 Cumulative Residential Units and Population
Figure A-3 General Fund Revenues
Figure A-4 General Fund Expenditures
Figure A-5 Chart of General Fund Revenues and Expenditures
Figure A-6 Chart of General Fund Revenues and Expenditures
Figure A-7 Chart of Projected General Fund Revenues and Expenditures
Figure A-8 Redevelopment Agency Revenues
Figure A-9 Redevelopment Agency Expenditures
Figure A-10 Personnel Positions and Service Costs
Figure A-11 Additions to City Assets
Figure A-12 PERS Required Contribution Rates
Economic & Planning Systems, Inc. 4/612007
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Figure A.11
Additions to City Assets
Chula Vista Financial Review
Fiscal Year Ending (1) 5- Year
Item 2002 2003 2004 2005 2006 Total
Land $4.8 $3.9 $6.6 $8.7 $2.5 $26.5
Construction in Progress 22.9 29.6 30.0 32.8 42.5 157.8
Buildings 0.1 27.5 1.0 77.2 105.8
Other Improvements 2.0 3.4 5.7 4.0 15.1
Machinery and Equipment 3.9 3.5 3.4 3.7 3.0 17.5
Infrastructure 11.7 153.9 60.4 69.8 67.1 362.9
Total $43.4 $220.4 $104.8 $120.7 $196.3 $685.6
(1) 2006 shows governmental activities; other years include business-type activities.
Sources: Comprehensive Annual Financial Reports 2002-2006. Notes to Financial Statements; Economic and Planning Systems, Inc.
Economic Planning Systems, Inc. 4/612007
P:\ 17000s\ 17006ChulaFinRvwIDatalCVBudginfo031407
2OD-& I
Figure A-12
PERS Required Contribution Rates
_ Chula Vist"Fin_allc.ial Review;E~S#_17006 ...
Contribution
2002
Fiscal Year Ending
2003 2004
2005
2006
Public Safety
Employer (1)
Other (2)
Total
Miscellaneous
Employer (1)
Other (2)
Total
0.00% 0.00% 5.78% 24.47% 23.25%
9.00% 9.00% 9.00% 9.00% 9.00%
9.00% 9.00% 14.78% 33.47% 32.25%
0.00% 0.00% 12.02% 15.98% 20.15%
8.00% 8.00% 8.00% 8.00% 8.00%
8.00% 8.00% 20.02% 23.98% 28.15%
(1) Does not include additional City costs to repay Pension Obligation Bond.
(2) "Other" includes City funded employee share.
Sources: CalPERS Actuarial Valuation Reports
Economic Planning Systems, Inc. 4/6/2007
P:\17000S\1700f5CtlUlaFinRvwIDataICVBudglnfo031407
2OD-02-
~ ~F~~Sbld~
CITIES
1400 K Street, Suite 400 . Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Plea.e review thl. memo carefully. New procedure. were
adopted In 2006 regarding de.lgnatlon of voting delegate. and
alternate. and voting at the Annual Conference.
June 8, 2007
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference - September 5-8, Sacramento
The League's 2007 Annual Conference is scheduled for September 5-8 in Sacramento. An
important part of the Annual Conference is the Annual Business Meeting, scheduled for Saturday
morning, September 8, at the Hyatt Hotel in Sacramento. At this meeting, the League
membership considers and takes action on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. In the event that the designated voting delegate is unable to serve in that capacity, your
city may appoint up to two alternate voting delegates. The ability to appoint up to two alternates
is the result of approval last year of a League bylaws amendment that increased the number of
voting delegate alternates from one to two.
Please complete the attached Voting Delegate form and return it to the League's office no
later than August 13, so that voting delegate/alternates records may be established prior to
the conference. At the conference, voting delegate forms may be returned to the Voting
Delegate Desk located in the conference registration area.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
. Action by Council Required. Consistent with League bylaws, a city's voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates mnst be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
. Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. At least one must be present at the Business Meeting
and in possession of voting card in order to cast a vote. Voting delegates and alternates
-over-
~o -E~ I
are requested to pick up their conference badges before signing in and picking up the
voting delegate card at the Voting Delegates Desk. This will enable them to receive the
special stamps on their name badges that will admit them into the voting area during the
Business Meeting.
. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
card may be transferred freely between the voting delegate and alternates, but only
between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
. New Seating Protocol during General Assembly. At the Business Meeting, individuals
with the voting card will sit in a separate area. Admission to this area will be limited to
those individuals with a special stamp on their name badge identifying them as a voting
delegate or alternate. If the voting delegate and alternates wish to sit together, they should
be sure to sign in at the Voting Delegate desk and obtain the special stamps on their badges.
The Voting Delegate desk in the conference registration area will be open September 5, 6 and 7,
and prior to the Business Meeting on September 8. The conference registration area will open at
12:00 p.m., on September 5, at the Sacramento Convention Center. The Voting Delegate desk
will also be open at the Business Meeting, but not during a roll call vote, should one be
undertaken.
The voting procedures that will be used at the conference are attached to this memo. Please share
it and this memo with your council and especially with the individuals your council designates as
your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by August 13, 2007. If you have questions, please call Mary McCullough at
(916) 658-8247.
Attachments:
. 2007 Annual Conference Voting Procedures
. Voting Delegate/Alternate Form
;;t 0 ' e"'. cl.
~ LEAGUE
~ OF CALIFORNIA
CITIES
1400 K Street, Suite 400 . Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Annual Conference Voting Procedures
2007 Annual Conference
I. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick
up the city's voting card at the Voting Delegate Desk in the conference registration area. We
encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they
may receive a special stamp on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates) and who have picked up their city's voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is not either a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with the voting
card will sit in a separate area. Admission will be limited to those individuals with a special
stamp on their name badge identifYing them as a voting delegate or alternate. If the city's
voting delegate and alternates wish to sit together, an should sign in at the Voting Delegate
desk and obtain the special stamps on their badges.
7. Resolving Disputes. In case of dispute, the Credentials Committee win determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
dO- c.3
~ ~M~901l[
CITIES
CITY:
2007 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Aueust 13. 2007. Forms not sent by
this deadline may be returned to the Voting Delegate Desk located in the Annual Conference
Registration Area. Your city council may designate one voting delegate and up to two alternates.
In order to vote at the Annual Business Meeting, voting delegates and alternates mnst be designated by
yonr city conncil. Please attach the council resolution as proof of designation. As an alternative, the
Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the
council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates)
who are identified with a special stamp on their conference badge. Ifyonr city's voting delegate and
alternates wish to sit together at the Business Meeting, they are all enconraged to sign in at the Voting
Desk in order to obtain the identifying stamp that will admit them to the special voting area.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
3. VOTING DELEGATE-ALTERNATE
Name:
Name:
Title:
Title:
ATTEST (I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate.)
Name:
Phone:
Title:
Date:
Please comlllete and return bv Au!!ust 13 to:
League of California Cities
AT1N: Mary McCullough
1400 K Street
Sacramento, CA 95814
FAX: (916) 658-8240
AC2007VotingDelegateLetter.doc
~o~ E. 4
CYRC INTERVIEW PROCESS
THERE IS NO BACK-UP INFORMATION FOR THIS ITEM.
~()p
ftdd/+/o J1 cd (n tV y rYlcdI D?'1
,f, % 7 (fun'i'
July 10, 2007
From:
The Honorable Mayor and City Council. J
David R. Garcia, City Manager lQlIt.l.----
Scott Tulloch, Acting Assistant clty~~anager S~
Dave Byers, Director of Public Works Operations ~/
Item 8 ON Council Agenda for July 10, 2007
To:
Via:
Via:
Subject:
Council Member Rindone requested information on the bid amounts submitted by the
unsuccessful bidders for the tree-trimming contract. I'm attaching a list of the bid amounts by
type of tree for each bidder.
Attachment: Tree Trimming Service Bid 4-06/07
DCB: dcb
cc:
D:\Dave's Data\Agenda Statements & INfo Items\Tree Trimming Service Bid 4-06_07.doc
TREE TRIMMING SERVICE BID 4-06/07 BID OPENING 5/10/07
VENDOR/BIDDER Aztec Landscaping
CITY
EXTENDED
BID ITEM QTN ITEM PRICE EXTENSION TERMS WfTERMS
1 146 PHOENIX DACTYLlFERA $ 50.00 ea $ 7,300.00 $ (73.00) $ 7,227.00
2 212 PHOENIX CANARIENSIS $ 200.00 ea $ 42,400.00 $ (424.00) $ 41,976.00
3 1631 BROADLEAF $ 51.56 ea $ 84,094.36 $ (840.94) $ 83,253.42
TOTAL $ 133,794.36 $ 132,456.42
TERMS 1 % 15 days
VENDOR/BIDDER
CITY
BID ITEM QTN ITEM
1 146 PHOENIX DACTYLlFERA
2 212 PHOENIX CANARIENSI$
3 1631 BROADLEAF
TERMS
VENDOR/BIDDER
CITY
BID ITEM QTN ITEM
1 146 PHOENIX DACTYLlFERA
2 212 PHOENIX CANARIENSIS
3 1631 BROADLEAF
TERMS
VENDOR/BI DDER
CITY
BID ITEM QTN ITEM
1 146 PHOENIX DACTYLlFERA
2 212 PHOENIX CANARIENSI$
3 1631 BROADLEAF
TERMS
Great Scott Tree Service
EXTENDED
PRICE EXTENSION TERMS WfTERMS
$ 44.50 ea $ 6,497.00 $ (129.94) $ 6,367.06
$ 129.50 ea $ 27,454.00 $ (549.08) $ 26,904.92
$ 69.50 ea $ 113,354.50 $ (2,26709) $ 111,087.41
TOTAL $ 147,305.50 $ 144,359.39
2 % 10 days
United Pactie Services
EXTENDED
PRICE EXTENSION TERMS WITERMS
$ 60.00 ea $ 8,760.00 $ (43.80) $ 8,716.20
$ 142.00 ea $ 30,104.00 $ (150.52) $ 29,953.48
$ 73.95 ea $ 120,612.45 $ (603.06) $ 120,009.39
TOTAL $ 159,476,45 $ 158,679.07
1/2% 15 days
Atlas Environmental Services
EXTENDED
PRICE EXTENSION TERMS W/TERMS
$ 90.00 ea $ 13,140.00 $ (131.40) $ 13,008.60
$ 170.00 ea $ 36,040.00 $ (360.40) $ 35,679.60
$ 93.00 ea $ 151,683.00 $(1,516.83) $150,166.17
TOTAL $ 200,863,00 $ 198,854,37
1% 20 days
VENDOR/BIDDER West Coast Arborist
CITY
EXTENDED
BID ITEM QTN ITEM PRICE EXTENSION TERMS WITERMS
1 146 PHOENIX DACTYLlFERA $ 217.00 ea $ 31,682.00 $ (316.82) $ 31,365.18
2 212 PHOENIX CANARIENSIS $ 417.00 ea $ 88,404.00 $ (884.04) $ 87,519.96
3 1631 BROADLEAF $ 67.00 ea $ 109,277.00 $ (1,092.77) $ 108,184.23
TOTAL $ 227,069.37
TERMS 1% 15 days
j
!
LIGHTS
---r-s~o~
~CF-:\'-!E~ 7-(0-<"\7
~\Q"" ~TA.s:-
D eo . - C;';'''-''f~N~
{u c-\~_ _
Honest Probe?
Ha Ha Ha Ha
o
By Don Bauder
A beggar comes to the door and asks for
food. The housewife says he can have
dinner ifhe will whitewash the porch. Ten
mer Copley Press official Herb
Klein, pointed out that when
Sanders took office last year,
he had noted that govern-
ment had become a "corrupt
impediment to jJre>gre<;" under
minutes later he is back, claim-
ing the job is done. The house-
wife is incredulous. "I co\'-
ered every inch with thick
white pamt," he boasts. "But
it isn't a Pe,rsche. It's a Mer-
cedes- Benz."
A similarly blunderheaded
whitcwash attempt kgoing
on in San Diego. The city haJJ
gang that can't shoot straight
is t.ryjng to ;)u11 off a white-
wash with purple paint. Just
wait until Ja) Lena and David
Letterman gtt wind of this.
The Sanders administration,
with the enthusiastic back-
, ing of the Union- Tribune, is
trying to briT,s back the Seeli-
tion Act of 1798. That act
made it illegJ.! to "write, print,
utter, Or pub!ish" anything
critical of the president or
Congress. You couJd go to jail
for two years for casting asper-
sions on a p:lblic official.
Underst4ndabi I; people raised
hell, and the ad was gone in
three years.
Now Sanders and his min-
-<. ions Want to bring it back.. In
aletterto the ecitor of the U-
T On June 15, City Attorney
Mike Aguirre, l"f~spondjng to
, a prior attack On rum by tor-
,
!
-
fund-raiser for him. Sanders
allowed Sunroad to OOllStruct
a bUilding in defiance of fed-
eral and state flight-safety
regulations. Then, noted
Aguirre - again, accurately_
Sanders borrowed an official
iTom the San Diego County
Regional Airport Authority
to lobby the federal govern-
ment to .change flight pat-
terns near Montgomery Field,
so Sunroad oould keep its ille-
gal building.
Then the comedy really
got going. Sanders, inelignant
that anybodywould write a let _
ter critioal of him, caJ1ed upon
o
o
o
<
Bonnie Dumanis ([eft), Jerry Sanda~ (middle)
his predecessors. Sanders had
promised to "tell the whole
truth." But now, Aguirre wrote
accurately, Sanders has been
engaging in an "embarrass_
ing and corrupt COurse of
action" by doing a multimil-
lion-dollar favor for a cam-
paign contributor - Aaron
Feldman, owner of Sunroad,
who not only gave the mayor
money but also held a big
Neal Obermeyer
r
j /:;;~
// WE l<&GRET 1lIE CJlAtJ.5 WAT f.lAs \
! Co,I:/E: F"~N1I owr, rG;;S:ON Tc /-'iRe, "
... . c .;.~'... i.-,I"'/""i-I..N II'.ii'!,,;!!.t/.;. )
\ ",A5";t CtJ(~F Of'YElaMaF:c,~f.
\~~ sr:"'::.TI.' ,---.....
the attorney general's office
to investigate Aguirre's oharges.
Sanders quickly penned a let-
ref to California Attorney
General ierry Brown _ yeah,
the guy who used to beca1Jed
continueJ on pogr 8
ConblctDon Bouder
at 619-546-8529 or
. don "'dl::...~..i
.,'...,;/ "'e";~.c,~'.:;:~~l'.~.. :.'
I'UAsc FmI~ u,-
w= ~f)N'r Ji!6A~M
',"DV /-iAlJ IIP/'..IJ!?:...EM
'. (/,),'Ij-. ~-;.,:; i.#1-:'";'c C>>j~5
",,--- -r~!J
............
~
CITY LIGHTS
Honest
probe
continuedjrompIJge6
j:
Governor Moonbeam -and
requested an investigation
into the charges in the June 15
letter. "Because of the serious
nature of these allegations, it
is necessary that a fully inde-
pendent and skilled agency
[italics mine} such as theAttor-
ney General's Office look into
these charges," wrote a sup-
posedly wounded mayor.
Remember those words:
a fully independent and skilled
agency.
Almost immediately, ODe
Dane R. Gillette, chief assis-
tant attorney general, came
right back - in time for a
quickie press conference -
and stated, "In light of the
serious allegations and the
importance of maintaining
public confidence in its elected
officials, the Attorney Genera1's
office will, as you requested,
investigate the charges of pub-
lic corruption." (Just try get-
ting a lightning-fast response
to your request to the attor-
neygeneral.) Gillette said he
would turn the matter over
to the attorney general's San
Diego office.
Now, ,..,'ho is Dane R.
Gillette? Well, back in March,
the chief of police, William
Lansdovvne, rebst:d to carry
out a judge-approved search
warrant of a SW1road uffi.;ial,
Lansdo\,:ne's refusal- which
now should be investigated
thoroughly, given Sanders's
admissions about Sun road's
dubious d1aracter - V.'35 pub-
lidy supported by none other
than Dane R. Gillette of the
attorney general's office.
Hmmm.
And the attorney generaJ's
,;::;,.:~' ,,, ;:;::~;; t,- :::J,-, :~:'. ;:--.'1.:.
-
I
I-
'r,~""
pendent in\'~1:igarion? Come
now. In an editorial June 22,
CITY LIGHTS
t'le day after Sanders's letter,
the Union- Tribune opined
rapturously that "an inde-
pendent probe" by the attor-
ney general's office "will
demonstrate Aguirre's claims
to be utterly baseless."
Folks, there ain't gonna be
no independent probe. This
whole thing was rigged quickly
for Sanders, and the results
of any so-called probe were
transparently foreordained,
San Diego style. That's why
the U- T so confidently pre-
dicted that Sanders would be
exonerated and Aguirre
anathematized.
To make things even more
hilarious, when he announced
that he was contacting the
attorney general's office,
Sanders was flanked by local
law enforcement officials such
as District Attorney BOD.11ie
Durnanis, Sheriff Bill Kolen-
der, and Lansdowne, as if their
presence somehow imparted
a divine spark of public virtue.
Quite the contrary. Kolender
and Dumanis, both in the
pocket of the establishment,
supported Lansdowne's refusal
to carry out the search war-
rant in the Sunroad case,
among many other dubious
things. That photo of fonner
and present law enforcement
officials standing by Sanders
may go down as visual proof
of San Diego's essential
corruption.
It's remini"L"11t of Sanders's
admis3ion in mid~Maythat the
Sunroad deai had been
botched. He said he would
put his key aide, Ronne ho-
man, in chargt: of ~Ul hUilLst
investigation that would be
romptctL-d in a ft"\';' short weeks.
People hootL.-d. Froman inves-
tigating her boss? In bs than
a month, Froman had
:1Tlnn~11lc('d her reSi\!11ation.
Q)rruption is defined as "lack
of integrity or honesty:' Paul
Spiegelman, adjunct profes-
sor of law at Thomas Jeffer-
son School of Law, says,
"Sanders is following a strat~
egy of trying to distract from
the fact that he has made false
statements, deceived, and
engaged in backroom deal ~
ings by trying to reframe the
issue as to whether he has
done anything criminal."
Aguirre did not charge Sanders
with criminality in his letter,
whichSpiegelrnan calls a "mea-
sured statement," given
Sanders's double-dealing pro-
clivities. Sanders was "delib-
erately misleading" by stat-
ing that he would require Sun-
road to lower its building by
20 feet, but four days later Ted
Sexton, whom he had bor~
rowed. from the airport author~
ity, was lobbying the Federal
Aviation Administration to
change flight paths at Mont-
gomery Field so the building
could remain, notes Spiegel-
man, who has run up against
Sanders's spinmeisters in other
conte2...l.S. Then Sanders lied
on June 7 when he denied
Sexton was detailed to the
City to handle Sunroad issues
when it was dear he was.
"1 find it bizarre and totally
unprofessional for the dis-
trict attorney, chief of police,
and other officials who pur~
port t<.) bc in lavv enforcement
to appear at Sanders's press
conference and vouch for a
man who has blatantly
deceived the public," says
Spiegelman, adding, "It appears
that the state attorney gen-
eral is allowing itself to be
used to help r!"ovide po!iticaJ
cover to Sanders."
San Diego attorney Stan
Zubel recalls listening to a
public radio roundtable in
which Sanders apologists were
~J~;ng the filayor was guilty
01 favoritism but not cor~
ruptJGn. "Our culture in San
CITY LIGHTS
Diego is one that rewards
friendships and relationships
to such an extreme that we
have lost our ethical com-
pass," Zubel says. When
announcing his letter to the
attorney general, Sanders
"lined up airninal justice peo-
ple; in their eyes nothing is
corrupt unless something that
is criminaJ has been done. k
long as you haven't commit-
ted a crime, everything is fine.
They have lost sight of the
fact that when you favor your
friends - if you would not
have done it for the other guy
on the street - then you have
corrupted democracy. in San
Diego, these people don't
understand the political, eth-
ical, moral impact of what
they have done. They have
been favoring their friends 50
long it has become part of the
culture."
Actually, there is lots to
investigate. ExactIywhat tran-
spired in the meetings between
Sanders and Feldman that led
to the City letting Sunroad
off the hook? Did anyone take
notes? VVhat happened inside
Sunroad and inside the City
l,vhen the company promised
to build the structure to 160
feet, then went ahead and built
it to 180 feet' Who leaked the
contents of the search war-
rant to Sunroad? In J Jan-
uary 19 letter to the City, the
California Department of
Transportation said that in
permitting Sunroad to fin-
ish the building "under the
pretense of wt:ather proof~
ing,"San Diego was attempt-
ing to "undermine state law."
After receiving that letter,
why did the Sanders team
continue its quest to help
Sunroad evade the law? If
you believe the attorney gen-
era! ",,-ill hone..'Itly look at such
i..j\.H,;~tiU!I~, jU", JJ....\"i, , iI''-''
in San Diego long or you
have an IQ below 80..
iear:::.
n;mtrmH:,!frr"'f'<.ij;r7
maltreatment I've bCt'n sub-
\{3\
\~
, 1
(\"1
.~~
AB
Itl~ San DII'\lO Union-T/lbune I fROM THE FRONT PAGE I IlIlJdY ]un~ n !(lOr
-----.--- --
I>>- SUNROAD
Mayor Jerry Sal1ders was JoIned ilt yesterday's news conference by (from left) Sheriff William I<olender and OIslrlct Attornl:'Y Bonnie Dumanls, as well as San Diego
Police ChIef William lansdowne (!11th from right). City Attorney Mlchael Aguirre considers at! three to be his politicaL enemIes. 1I",,,,,nJ LiJ''',1 (J"'''II'{' .t"""
111m,l.
Ag\lirH' ~\I,'d -';""f....iI
I)n', 1:,. ,-l:iilllill~~ 11i,- ,k\, 1"1'"
w;,-; jll,'g.,!!,. l'''r~"il1t' (""I)~II't,
li"I\"[ 1I0l' ..11;c,- 1"'\<" ]1"
\'''11'1'''11\ h,,~ (",,,,I, I <I I ,r
0111111illi'.lIi",I.'III,'I:'''' .,,,d,,
Ili,,1 i~,.;(-( ill (ht,,\', I
Ik"(lnl~ "1,,,,\' tl,..1 '-._.rod, [,
IlIdjl,i""h'h'\\lIhl-,ldILI.""",,1
u,hn-;'III,.""d,dli""j..."IIII.,
I!I !"lIr d;I\ ~ ;\11, r II., ,,11
",1~ lil,-II .00nl 1\\" ,I.i\'~ I"."",
11..",,"\,.-1,,1"" """1)0"1"111"011"
"\\illh',-i~,'" Ill<" 1I1I1I<1iOl': I" "1"
,i,'["ld,.,
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II.,n 111.11 .<11"",-.1 ....,,,,,.,,,.11..
\"Iild a!:ai1L~1 1.':\..\ 1<'~LlI,lli"",
S;ood,-,r~ n','p"lIdnl I,)' < ..ill
,i/illl-!:'UtlH,;HI;tJJd.",I,.,,,,,'...,
",v,','!il:.,j"", illl" ,,1,,'1 1..'1'
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1,,," 111<'11, ",\'i,,): 111,01 ,I""". ~"
',,'ou\d pill 11". "ill' ;,l 11""1' ,-i~h
ill ih bW~\lil ;lg;,ill,,1 S'''LI'' ,<I
!I,'lIilldl)"'''''.-'h",I"",iI,,,
wa" "IIII""i"I-!.' 1'1.'11 [h.d
wOllld h..\',- ;,11<'1'.\ II". 1,1,:101
1"'""1" illl" ~ IOIl\I~""I' 'I \' I i, .1.1
." IIL,I II:,. )",,1,1,,'1: ,,,,,I.' ,.
lONTtNUEDfROMPAGEAI
state will review
Aguirre's charge
about Sanders
l'"existcd I'l~al'dllny al a f;l
l1u,"sly Iradi'Hls City II:lH "inn'
S;II"ler~' "h,diOlI ill 1'),-"',1111....,
2005.
n,,1 "ow III" I':lir hav,~ )~"'I<'
Inllll II\<' ran, p"hhoc ""~\II!\l"!l1
10 sOIlH'lhing- 1110H' a\,ill \CI
,;In-'l,l figJiling', A tilt lias wid
,'Ia,d ahlln~1 daily in ITu.:nl
we,",(~ ;lIlIi<l II,., SUlI/o,,,1 ""II
lrtJv,cr,;y and a 1;1'''1 oVel
Ag-uirn,"; hwlgd
"Il'~ I1O! jllsl a ,1i~nJ(l"e
IIW~'lt" said Cyoll,i" Vi,h!l;,il."
1,(,I1I1~'jl sl. ale)!lsl ;Hili J"II''''I
Cily ('''\llIdl aid,' "-!l\is is !II11
aud."ltl warf;lr<" 1,..lw''I"1I II",
IWo"
S<nHI(',-~ sHid his action,; )T"
lenlay Wl'!T h;,s,,([ on ,I Irt'sh
Iq~;ol "I'i"i"" I", n"...iv(.(1 fn>lll
i,,,Io'l',-,,oI",,1 I"wy,"', II", ,ily
Ilin:11 - Iwl JlI'I',;islL'l1t 11"(
111111): ('0111 ^1~lIirn'. TII,' I"aro'
,11'.1 I,is ;,tlvis,',-s II"v" 1'<>111
pl:lilll'd for wel'!is Ih:.(
Aguirre's judgmenl <HI tht' SUD
ru,lIl i"sll""olll,1 uul helrllsl<-,!
Aguin,' said ~evn;,llilll<"s in
n,n'nl d;IYs Ihal S<IWkh w;os
"""HIII'I" h~rallowinl'r S"lIroad,
a IH,w,'d,,1 ";U"I';II):" ,-,,,,,..il,,,
I"r III 1,,-,,<'<"<"11 wilh (II<' ,h'v,",
lh"lIj~h slal(' illlll fednH! ofli-
cials lklermlll('11 it IS llllsa!,'
alldvIo!a!t'sstall.l;lw
AI liis IIWIlIIO'WS "Ollf"I"II'"
Yl'sll'n!;ly.^gllin" "<Jid a Irilil 01
1'IIIJlic r('clln!s l'slahlislws 111;11
,-ily "Hkials W,'fI' aW;II'e of I'"I-!;-
\!k<l(HS' C'Hln'rns wilh t!w StllI-
no;llIIlIojn'las <';,rlyas !<isl :-;"I~
h'ti.h"1
111l'llIay"r's"lt-gal aud mor-
al d"ly islo""!1H'VI' 111<' 1o"':IId
and IWlw<>ny;\boI1I1111-"a1"II"II
Iiligaliou," ^!~\lilll' said h<'!",,'
S;'lu1<.,'S a'''1O''I''''l,,1 II" >,1"1>-
...."rk amll...lHov;tI "nkrs
III a n'I<II,.d ,1,'vd"l'lIlO"lIl. \1",
sial" AlIllrIIl'y(;"m'ral'sOHic'l'
:"""""",..01 y,'sl'Tday 110<11 il
w,mhl "I"'U;I'li'lvc"lig-ali"" in-
10 A):oj,..-.,'s allo:g-;oIi<>" Illal
Sand,'rs was ,,"rruph'd ill Ilw
S"lln"ull"'"jn'l
Sallllo'r1; '-"',,,'sl<:,lll,,, :0111'1
'''-'y g-ellt'r;d's .-evi,'IV oil
W..,llwsd;,y af",( AI'~Jli'T<' rp-
1".al'-'oI I,i,; <'Iailll 11,,,1 11",,-,. is
,'vi,lL'nn'lhallityoHi..iab",'!"e
\\'l'II-illfmll1l'd ahuutll\<' s;ddy
hawrd Iwing huilt in I~,-amy
r.1""a 111"I~ 1,..lon' II... ''','1'",
ad..d puhlicly I" IT""I\'<' !Ill'
"illl<lli"lI
I\vo S('I>((,I1IIH~r kiln" h"lIl
Ilw C,IJif"rlli,1 l)(,p<lrln\l'1I1 01
rr"ll~plJrl,lti(Jn w~lIllt'd SlIn-
1'II<lIllllal tile nJll,;lnIUi,ln was
illegal. !lolh were ,'opi,'1I 10
"anders' ;Iil'porls dired"I-, lhe
""11 !li"guC"lIl1ly Ikgi",,;oIl\ir-
1''''1 }\"lloo,ily, tl... ";Iy'.; ai,-.
pu,ls .l<lvis',,-v ('<oIlIIlIill'" "11<1
"[llIlil }'Oll n~(Tivt' a ])l'IIII;1
f,-'''Illhl'lkp;llIlll('III(of'I'r,lIIs-
p"rlallllllJ.hlsUIII,lwflllforyolI
1" l"on'l'll wil!1 U'I]sIUK'li']n."
w,ol<' Jdf HrowlI, a l'ahra,,~
ill'ldli"n S;tldy "flinT. IHI s,'pl
"
I\mwlI f"IIIIW('I! lip wi!h a
S"III ~~) h-I1o'r 1<1 a Sunruad al-
t,,, "'y ~\alill~: lJl"t "1111'111,,1' al
1"'lIpIS ,,, ,,'{lIs,-akt!1t" is,;,,""
"""Id n-s1l\1 iU('lIrOHTIIH'nl a,
II""
.-\IIIWlim",llwnmslrudi"lI
1',,,j"d was li!ll,. II'''.... 111;'11;,
sln'llmllwd slrut'llIr,' ro,\"y,
\1... :100,001) sqllare-I.."l r"'II
liI.,x is vin"ally ",mlple\(', II's
!,-~~ lJ,w, a mil" i'....,,, 1\1",,1
.'."11"-'1')' l'-idd, "lie "I S'''III...,"
lalilomia'" !J\lsi,'sl IIlImit-ipa!
;,iq",rls
1'\", SHnro"d 1I,'v..lol'o"'1L1
10:1" h,'u'''w " ~<Ti"II" I'"Ji!i,,,\
llalJilily10 Sau,krs, Ikw,,"\hl'
11\>oyor'" s,.;,! in :!IHJ!; wilb ;'
ph-II/:,' I" ",'sl"".I,,,,,,,,- ,,1111 ill
Iq,rily 10 t-ilY I bll, w!lidl is ~Iil\
sl,-ng-g-ling 10 r("~olv,' <I pl"lI"io"
dd,,;1 of~1 hi IIi"".
! )'11 illl: I,i~ "'''''1':0;1:11. Sa",1
,.,,, al''"'-ph'd ~.;:I,I.IK. ill .1"""
li."IS frolll S"n.-o:,,! <'XlTllliv,'s.
,",,1 """II':lIIY "W,Wf /\:11'"''
h.ldm;\1I 11<,,,1("11 ;' fnmlr;lis<'1
j'Jlllil\!
Surll'lI;ul was issllel! a ,'Ily
bllilding p,'nllil ,'"ofy lasl r":I!'
-ad<:radl'afll'rlh("('ilyl'''IIII-
..j) appr"vl'd a nlUl'h-\ml,,',-pn.-
likjI....j'"I.
1'1,,' n'''II'''''Y IW):;II\ '''II
ClajfemontMe\ael~d,
KEARNY
MtSA
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fI~1boa Avo. _ Koarny Villa nd
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UI'h1I"IIUU""E
l'OIlII'II",d w;lh"lIl d,.by ,'\"'11
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road (I... Il\'xl III!>"I!. 11,:11 il~
IJ\lildi!l!~ pla!!s l'xu.,-,kd IlIig)1I
slandards by ~() kl'l
S;,,"dn~ fII:oinl"i",'d y,'~h"
,L'ylh'd li,,!<u,-,WlH>lhi"g',(II,,'
,'olllrOV<'l'Sr \llllil I)dob,',-,
Iho\ll~1I F.'\^ ,'-m;,ib \!lllIiuillg
lhe vio[ali"lI w<'r,' s"IIII" l'il)-
Ilall <IS <,aily 1IS JUJle ~1J1I1i ,IIld
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~ Mayor's Agenda for first week in office ~ \:J
~~ Item 1 Approved by CounC1I'S Resolunon No Each councd member to be resIdent of the dtsmct he or ~~ ~
~ she represe~ts and to be vOled by Ihe CIty at large This enactment to commence next elocnon term for the m i'-'-
~ ~- ~~
~ Item 2 Approved by COunC1I'S Resolunon No The Clt: clerk's office to be an elecnve office, this ~~ '~.
V~ enactment to commence by special cle;;:tion in 1999; thereafter every general November election for a 4- W&;c
y" year term with a Herm limil Y' (j
~Y"r Item 3 Approved by Council's Resolution No The City Attorney's office to be an elective office; this ~~' ~t:J
~ enactment to commence by special election in 1999.Thereafter every general November election for a 4- ~
year term \vith a 2-term limit.
~.~I" Item 4 Approved by Council's Resolution No. The city Mmager's office to be reviewed by the council ~ ~
~ immediately after a Mayor's election overy 4 years. The Mmagerwith a record in good standtngwilI be ~
~ Item 5 Approved by Council's R..-solution No. The Cbula Vista Transit to be managed by Chula Vista ~~
~ :::::.:::_~_..__'",c".=-..~" ~.~
~ Item 6 ~;::~:yda::~:~s::::::I~:thiS resoiUti~~ recJ~m the bay shore land under the connol of the ~
:;I" ;I Port of San Diego. To rescind the Stale Legislative Act of 1962, and to operate under the management of 'Gf&
~ the City of Chula Vista to the effective 30 days after approval of this resolution ~,Q;
~ . Members of the State Legislature have been informed of this. ~&
~ Item 7 :p::h: ~::il'S Resolution No. For any city official using an address other than home ~
?'fJT address for reference, the P.O. Box is to be in the City of Chula Vista. Wet
~ It('m 8 Approved by Council's Resolution No, Pursuant to the conflict of interest laws, safety persormel ~
~~' of the Police and Fire departments are not to be used as endorsement by any public official orcandJdate's ~
~ campaign propaganda. Effective day forthwith.
~ . State Legislature officials have been informed of this. ~
~ Item 9 Approved by Council's Resolution No._ _ Any of the issues of the matters entitled ""No free lunch ~
_ for the Mayor" (iocludiog tbe Mayor'. I" Friday breakfut at Tbe Oub.) Based on pmious council's ~..
:w & approval 10 be reversed and Mayor to reimburso S' s expenditureS. ~ ~
~~~' 1) No personal use of the City's car for the Mayor. ~~~,,'
~ 2) No Chevron credtt card for the Mayor. ~12
3) No S48001yr personal allowance expendit11re for the Mayor,
~ Expense aliowances only for City's business. Effective day forthwith. ~
~~ Item 10 Approved by Council's Resolution No. Finance Dc:parunent Businr:ss Develournent. All
V~ elcetrolUc or pnnt medIa soJiclung busmess via advertisement or public exposure in Chula Vista to be ~
~j7~. subject of bus mess license fees according to the extent of the operations in the City. The printed media 10 ~
~ :or identify the printer's company name displayed in the business opernrion directory section (according to Wt
~ ;:~~~~~:~;daVOTE . VOTE · VOTE ~
~ C1~~T On Election Day June 2. 1998 A ~
WI. This comract is Polls open: 7 a.m,-8 p.m, in Chula Vista t!!I ~
between the citizens, For Trust, EfflVCieonCTY &EResponslbility \\\
.taxpayerslvoters &
Petra E. Barajas for
9U~:r~~~ at PETRA for Mayor
Mayor's Office 23
Ci'" of Chula V15~a P,O. Box '22123, Chuia VtS1a 91912. .c.98~17
'J Pa;:: for t:'f PMr0 E Sa"t'ot~ ror MaycI" Getnpaon
-~ ..-....
June 26,2007
JUN ~~N 2 9 2007
Rf"cllECf'VED
JUN 2 9 2007
The City Council
City of Chula Vista
Dear Sir:
This is to reiterate our request for help to remove the tree in front of our house at'"
~Chu1a Vista. CA 91910. According to Mr. Tom Levesque, the Arborist,
o~l can decide on"Mit~st, hence this letter. Based on the map as shown
in our deed, the tree falls within the city's easement/responsibility.
Earlier a letter and pictures were submitted to Mr. Tom Levesque, copy attached. He
did a visual inspection and concluded immediately that the damage was not caused by the
tree. He recommended that a barrier be installed on the east side and west side ofthe tree
to stop the roots from growing towards the foundation of the house and the garage.
Why is he recommending a barrier if he believes that the roots did not cause the cracks
in the front of the garage, fence, courtyard, cement floor of the house and our bathroom.
We also believe that if you cut the big roots growing towards the foundation of the house
and the front of the garage, the tree will become unstable and might fall on somebody or
on a car that is usually parked under the tree.
Per our conversation with our neighbor, a few years back, their sewer pipes were broken
and the city found out that they were caused by the same kind oftree in their front yard
and the tree was removed. We would like a second opinion and a more thorough
evaluation of the problem because it is very clear from all indications that the tree is
causing the damages shown in the pictures to our property. This should stop right away
as this is causing us a lot of stress.
We went to Mr. Levesque's Office for a fair and unbiased evaluation of our problem but
we were not satisfied with the way he handled our request. We feel that before he even
conducted a thorough inspection, he already had a recommendation -- to preserve the
tree and install a barrier. We indicated to him that we are retired and can no longer keep
up with the cost of maintaining repairs and replacements of damages on the property.
The roots are protruding all over the place and we complained about not being able to
mow the front yard because ofthe roots and he said that he will have the roots trimmed
but that we have to put a new sod and plant grass if we like, because the City is not going
to do anything about it and we believe this is unfair.. That's precisely the reason we want
the tree cut down to prevent future damage and expense.
Mr Levesque told us that rules and regulations of the council about trees planted by the
city be followed and that he can not do anything about it, hence this letter. We are
therefore presenting this letter to the conncil to evaluate the problem thoroughly and
help us. If the trees are to be preserved by all means, then please assure us that all future
damage i.e. crack slab caused by the tree be paid for by the City as we can no longer
afford the up keep. Right now we are only asking the City to remove the tree right away
to prevent further damage to our property. Weare not asking for any repair for damages
the tree has caused. Ifthere is somebody in your office looking after these trees, there
should also be somebody who should be looking after the welfare of residents and
taxpayers ofChula Vista like us.
Your immediate attention to this request is expected.
Sincerely yours,
<-
'-J~~~ '7{- ~
~LLITA N. MEDINA
j{l11~
IRMA M. NACINO
cc: Mr. Tom Levesque
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Bayshore Bikeway
Working Group
Supervisor Greg Cox (Chair)
Councilmember Phil Monroe
Councilmember Rudy Ramirez
Councilmember Fred McLean
Councilmember Rosalie Zarate
Councilmember Kevin Faulconer
Commissioner Michael Najera
Gordy Shields
4
County of San Diego
City of Coronado
City of Chula Vista
City of I mperial Beach
City of National City
City of San Diego
Port District
Bicycling Community
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Bayshore Bikeway
Plan Objectives
. Develop a
continuous bike
path around the
Bay
. Coordinate bikeway
improvements with
local plans
5
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Bayshore Bikeway Plan Update
San Diego Bay Stakeholders
. Cities of Chula Vista, Coronado, Imperial Beach, National City,
San Diego
. County of San Diego
. Unified Port District
. Metropolitan Transit System
. Centre City Development Corporation
. U.S. Navy
. San Diego Gas & Electric
. National Steel and Ship Building
. San Diego County Bicycle Coalition
. U.S. Fish & Wildlife Service
. Caltrans
. Save Our Heritage Organization
. San Diego Electric Railway Association
6
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Bayshore Bikeway
Plan Components
. Existing Conditions
. Planning and Policy Context
. Needs Analysis
. Recommended Improvements
. Cost Estimates
. Design & Management Guidelines
7
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Bayshore Bikeway
Plan Components
. Existing Conditions
. Planning and Policy
Context
. Needs Analysis
. Recommended
Improvements
. Cost Estimates
. Design & Management
Guidelines
8
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Plan Components
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Improvements
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. Design & Management
Guidelines
9
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Plan Components
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10
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Bayshore Bikeway
Plan Components
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15
Construction $7,966,000
Engineering 1,195,000
Environmental 797.000
Total Cost $9,958,000
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Bayshore Bikeway
Plan Components
. Existing Conditions
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Context
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Improvements
. Cost Esti mates
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