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Home My WebLink AboutAgenda Packet 1991/12/17 'II (p-'- ,; ~,. "- ._...,,,,e un >cr r'C:-13Jt" C; '''npl'r"'' r'-~ 1 urn e:7:.>-: G:~ Ii " ';, G f';"~;' :O;.:~;"'-~\::'r:~:"J 'i';~\~~J j C : :'~:J,."~ "l- "',' 0:1 Tuesday, December 17, 1991 6:00 p.m. F,',,:, ,-.. '~;:e : u'_i:: ~CT~rl(;:;:] r',,; ,; ':"-5 ': '-':~"~:l .,,:, ":::.,.~;'4,"; '~"'~' lJ::,EL:, '2//7./<;' ,:,::,:;,,\,?,,/~ C"_ -~~7.../""'<-- ,-.,-...~_~~__~=--_n Council Chambers Public Services Building Relnllar Meetinsr of the City of Chula Vista City Council CALL TO ORDER 1. ROlL CALL: Councilmembers Grasser Horton ~ Malcolm ~ Moore ~ Rindone _, and Mayor Nader _' 2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENf PRAYER 3. APPROVAL OF MINlITES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Youth Commission - Nicole Marie Cazares, Ty Mesetvy, Jamal McCullough, and Joe L. Page Ill. CONSENT CALENDAR (Items 5 thru IS) The stJIff recommendiltions regarding the foUowing items 1isted under the Consent CaJendar will be enacted by the CoundI by one motion without discussion unless a CounciImmrber, a member of the public or City staff requests that the item be puIJed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the stJIff recommendiJtion; complete the pink form to speak in opposition to the stJIff recommendotion.) Items puIJed from the Consent CaJendar will be discussed after Action Items and Boards and Commission Recommendations. Items puIJed by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting support of request for revocation of conditional use permit to KG. Fenton Material Company by the City of San Diego - Mr. & Mrs. Donald Mowery, 2660 Subol Court, San Diego, CA 92154. b. Letter regarding graffiti and gangland activities in the Point Robinhood area - David L. Jordan, 1550 Point Dume Court, Chula Vista, CA 91911. 6. ORDINANCE 2488 AMENDING ORDINANCE 2436, SECTION 10.52.480 TO INCLUDE NUMBER TEN PARKING LOT, SECTION 10.56.040, 10.56.290 AND 10.56.300 ALLOWING THE CI1YTO PURCHASE PERMITS (second readinsr and adootion) - In order to address the parking lot issues at the new Norman Park Center, a subcommittee was organized with senior citizen representatives, City Councilman Leonard Moore, and a Park and Agenda -2- December 17, 1991 Recreation Commissioner. The following issues were addressed: creative ideas for use of on-site space; determination of what spaces are available close to the Center; facilitation of parking for City staff; and parking options for proposed lot at Center Street and Church Avenue. Staff recommends Council place ordinance on second reading and adoption. (Director of Parks and Recreation) 7. ORDINANCE 2489 INCREASING ANNUAL BUSINESS UCENSE TAXRATES FOR BIllBOARDS TO $150 PER BIIJ.BOARD, TO BE EFFECl1VE JANUARY 1, 1992 (second readinl!: and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Finance) 8. ORDINANCE 2490 AMENDING SECTION 10.62.010 (B) OF CHAPTER 10.62 OF THE CHIJLA VISTA MUNICIPAL CODE TO INCREASE PARKING VIOLATIONS FEES (Emell?:encv Ordinance) - The City is required to implement parking penalty increases pursuant to Assembly Bill 544 and Senate Bill 21. In addition, other fee increases are recommended based on a survey of other fees in the County. Staff recommends Council adopt the Emergency Ordinance. (Director of Finance) 4/5th's vote required. 9. RESOLUTION 16441 ACCEPTING BIDS AND AWARDING CONfRACT FOR GROUNDS MAINfENANCE EQillPMENT - Bids were received and opened on 11/5/91 for the purchase of grounds maintenance equipment approved in the FY 91-92 budget. The equipment consists of one turf tractor with front mounted mowers and two turf tractors with grass collection systems. Staff recommends approval of the resolution. (Director of Finance) 10. RESOLUTION 16443 AMENDING THE AGREEMENT BETWEEN THE CITY OF CHIJLA VISTA AND EPISCOPAL COMMUNITY SERVICES FOR THE OPTIONS FOR RECOVERY PROGRAM AND AUlHORIZING THE MAYOR TO EXECIITE SAID AGREEMENT - In May 1990, the City Council allocated $10,350 in Community Development Block Grant (CDBG) funds for Options for Recovery, a drug treatment program operated by Episcopal Community Services (RCS). As of 12/31/91, ECS will be discontinuing this program due to financial problems. ECS desires to amend the budget in their CDBG contract in order to expand all the CDBG funds prior to 1/1/92. Staff recommends approval of the resolution. (Director of Community Development) 11. RESOLUTION 16444 RATIFYING EXTENSION OF CONfRACT FOR PLANNING SERVICES OF LETTIERE-MACINTYRE AND ASSOCIATES FOR THE PALOMAR TROlLEY COMMERCIAL CENTER; AUlHORIZING THE MAYOR TO EXECIITE SAID 4GREEMENT;ANDAUlHORIZING PAYMENTFORADDmONALSERVICES PERFORMED UNDER CURRENT CONfRACT - Ratify payment of $2,700 and authorize extension amendment. Staff recommends approval of the resolution. (Director of Planning) 4/5th's vote required. Agenda -3- December 17, 1991 12.A RESOLUTION 16445 MAKING FINDINGS ON THE PETITION FOR THE OTAY RIO BUSINESS PARK - PHASE I ASSESSMENT DISTRICf NUMBER 89-3A - In mid-1989, the Chillingworth Corporation, developer of the Otay Rio Business Park, made a formal request to City staff to utilize acquisition assessment district proceedings to finance the public improvements required for the Otay Rio Business Park. This item initiates the assessment district proceedings pursuant to the Municipal Improvement Act of 1913. Staff recommends approval of the resolutions and setting the time and date of the public hearing for 1/21/92 at 6:00 p.m. (Director of Public Works) B. RESOLUTION 16446 MAKING APPOINTMENTS AND APPROVING THE ACQillSmON/FINANCING AGREEMENT FOR THE OTAY RIO BUSINESS PARK - PHASE I ASSESSMENT DISTRICf NUMBER 89-3A AND AUTHORIZING THE MAYOR TO EXECIITE SAID AGREEMENT C. RESOLUTION 16447 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICf NUMBER 89-3A - OTAY RIO BUSINESS PARK - PHASE I D. RESOLUTION 16448 DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICf; ORDERING THE PREPARATION OF A REPORT DESCRIBING THE DISTRICf TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICf NUMBER 89-3A - OTAY RIO BUSINESS PARK - PHASE I E. RESOLUTION 16449 PASSING ON THE "REPORT" OF THE ENGINEER, GMNG PREIJMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR THE PUBIJC HEARING FOR ASSESSMENT DISTRICf NUMBER 89-3A - OTAY RIO BUSINESS PARK - PHASE I 13.A. RESOLUTION 16450 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACf 89-9, SALT CREEK I, UNIT 4 - On 9/12/89, Council approved the Tentative Subdivision Map for Chula Vista Tract 89-9 - Salt Creek I. On that tentative map four phase boundaries were delineated. Units 1-3 have been previously approved by Council. The final map for Unit 4 is now before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16451 APPROVING LOW AND MODERATE INCOME HOUSING AGREEMENT AND AUTHORIZING THE MAYOR TO EXECIITE SAME C. RESOLUTION 16452 REVISING CONDITION FIFTEEN AND DELETING CONDmON THlRTY- TWO 14.A. REPORT ON WATER MASTER PLAN STUDY FOR EASTERN CHULA VISTA - Staff recommends Council accept the report and approve the resolution. (City Manager) B. RESOLUTION 16453 AUTHORIZING A STUDY TO EVALUATE THE OTAY WATER DISTRICf MASTER PLAN AND THE COST EFFECTIVENESS OF THEIR FUTURE PLANS AS IT RELATES TO THE CHULA VISTA GENERAL PLAN AREAAND, IF NECESSARY, TO DETERMINE REMEDIAL AcnON, AND APPROPRIATE FUNDS THEREFORE - 4/5th's vote required. Agenda 15. REPORT -4- December 17, 1991 REGARDING 1HE STATUS OF CLOSURE OF TRAILER PARKS - Twin Palms and Palomar have submitted applications are incomplete, the Community Development Director will not be approving the closure of Twin Palms for January 1992. Staff recommends acceptance of the report.(Director of Community Development) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RF.SOLunONS AND ORDINANCES The foUowing items have been advertised and/or posted as publit: huuin/}f as required by 1JJw. If you wish to speak to any item, please fill out the "Requm to Speak Form" available in the lobby and submit it to the City Clerkprior to the meeting. (Complete the green form to speak in favor of the stoff recommendotion; complete the pink form to speak in opposition to the stoff recommendation.) Comments are IimiIed to five minutes per individuaL 16. PUBUC HEARING 17. PUBUC HEARING CONSIDERATION TO VACATE A PORTION OF BEYER WAY ADJACENT TO 22S BEYER WAY - Samuel O'Dell, owner of the property at 225 Beyer Way, has requested a right-of-way vacation by the City in order to have direct access to his property from Beyer Way and to make use of the now- vacant land. In accordance with Section 8320 of the California Streets and Highways Code, the Council initiated the vacation proceeding by adopting Resolution of Intention No. 16421 on 11/26/91 and setting the public hearing for 12/17/91. Staff recommends Council conduct the public hearing and approve the resolution. (Director of Public Works) Public Hearing continued to In /92. REGARDING 1HE PREUMlNARY DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENf (HHWE) - As required by AB 939, the California Integrated Waste Management Act of 1989, this draft document is a companion to the Source Reduction and Recycling Element (SRRE). The HHWE describes the City's plans for eliminating illegal disposal of household toxics and promoting the use of non-toxic alternatives. Staff recommends Council accept the report and direct staff to: 1) continue to accept and reconcile comments from the general public and appropriate agencies until 1/24/92; 2) begin appropriate environmental review as required by the California Environmental Quality Act; and 3) rerum to Council for adoption of a Final HHWE at such time as all public comments have been responded to and/or incorporated in the document and environmental review has been completed. Additionally, authorize the San Diego Association of Governments (SANDAG), acting as the San Diego County Integrated Waste Management Task Force, to hold a public hearing on 1/24/92 for the purpose of receiving public comments on the Preliminary Draft HHWE and SRRE for the City of Chula Vista. (City Manager) ORAL COMMUNICATIONS This is an opportunity for the general publit: to address the City Council on any subject matter within the COIl1IdJ's jurisdii:tion tJuJt is not an item on this agenda. (S_ 1JJw, however, generally prohibits the City Council from taking action on any issues not iru:1uded on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Requm to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speok, please give your name and address for record purposes and follow up action. Your time is IimiIed to three minutes per speaker. Agenda -5- December 17, 1991 ACllON ITEMS The items listed in this seclion of the agenda are erpected to elidt substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be COIISidered indivitlua11y by the Council and staff recommendations may in certain cases be presented in the aItunative. Those woo wish to spei1k, please fill out a "Request to Speak" form available in the lobby and submit it to the CiJy CIerlc prior to the meeting. PubIU: comments are limited to five minutes. TRAFFIC SIGNAL AT EAST "Ii" STREET AND BONITA VISTA HIGH SOfOOL DRIVEWAY - Staff received a letter dated 9/12/91 from Robert J. Thomas requesting that a traffic signal be installed at the entrance to the Bonita Vista High School and East "H" Street to facilitate left-turns into the parking lot. Staff recommends denial of the request for a traffic signal at the intersection of East "H" Street and the entrance to the Bonita Vista High School parking lot. (Director of Public Works) 18. REPORT 19. REPORT REQUEST FOR AN AUrWAY STOP AT OXFORD STREET AND FIRST AVENUE - In a request dated 10/24/91, Pamela R. Wiser of the 100 block of Oxford Street requested that stop signs be installed on Oxford Street at First Avenue to reduce vehicular speed on Oxford Street. Staff recommends denial of the request for stop signs on Oxford Street at the intersection with First Avenue and lower the posted speed limit from 35 mph to 30 mph. (Director of Public Works) BOARD AND COMMISSION RECOMMENDATIONS This is the time the CiJy Cowu:il will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. ITEMS PUllED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Ca1endar. Agenda items pulled at the request of the publU: will be considered prior to those pulled by CoundImembers. PubIU: comments are limited to five minutes per individual OTHER BUSINESS 20. CITY MANAGER'S REPORTCS) a. Scheduling of meetings. b. Appointment of Department Head. 21. MAYOR'S REPORTCS) a. RESOLUTION 16454 OPPOSING ALCOHOUC BEVERAGE CONTROL CIITS b. Time allowed for Council appeal of Planning Commission decision. c. Ratification of appointment to Board/Commission: Youth Commission - Julia Wubenhorst. Agenda -6- December 17, 1991 22. COUNCIL COMMENTS Councilman Malcolm: Mayor/Council Procedures Manual ADJOURNMENT The City Council will meet in a closed session inunediately following the Council meeting to discuss: Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6. Potential litigation pursuant to Government Code Section 54956.9 - SR-125 proposal. The meeting will adjourn to (a closed session and thence to) the Regular Ciry Council Meeting on Tuesday, January 7, 1992 at 4:00 p.m. in the City Council Chambers. ~u~ :~~ ......-...;-..;- ~..............~ ""'-~- -:... OFFICE OF THE MA VOR TIM NADER CITY OF CHULA VISTA December 12 ,1991 Ms. Nicole Marie Cazares 45 EI Rancho Vista Chula Vista, CA 91910 Dear Nicole: During the City Council meeting of December 10, 1991, you were appointed to fill a vacancy on the City's Youth Commission. My congratulations on your appointment to this important commission. The Oath of Office will be administered by the City Clerk during the regular City Council meeting on December 17, 1991. It will be held at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue. In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she will gladly make other arrangements with you so that you can take the oath. The commission secretary, Rosemary Brodbeck, will send you information regarding the meeting dates. Should you have any questions, please feel free to contact her at 691-5085. Thank you for your continued interest in serving the City of Chula Vista. Sincerely, L /kL- Tim Nader Mayor LMM:dv appoint co: City Clerk Rosemary Brodbeck, Secretary 4 ~ - \ 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5044 OFFICE OF THE MA YOR TIM NADER ~\ft- ~~-= .....~~ ~~~~ CllY OF CHULA VISTA December 12, 1991 Mr. Ty Meservy 777 Church Avenue Chula VISta, CA 91910 Dear Ty: During the City Council meeting of December 10, 1991, you were appointed to fill a vacancy on the City's Youth Commission. My congratulations on your appointment to this important commission. The Oath of Office will be administered by the City Clerk during the regular City Council meeting on December 17, 1991. It will be held at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue. In the evem you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she will gladly make other arrangements wnh you so that you can take the oath. The commission secretary, Rosemary Brodbeck, will send you information regarding the meeting dates. Should you have any questions, please feel free to comact her at 691-5085. Thank you for your cominued imerest in serving the City of Chula Vista. Sincerely, -I:;... ~~~ Tim Nader Mayor LMM:dv appoint cc: City Clerk Rosemary Brodbeck, Secretary 4. ~~.3 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5044 ~ \ It,., ~~~ ......,;~~, ~.......""'-~ ~"""-~~ OFFICE OF THE MAYOR TIM NADER CllY OF CHUlA VISTA December 12, 1991 Ms. Jamal Kristine McCullough 773 Church Avenue Chula Vista, CA 91910 Dear Jamal Kristine: During the City Council meeting of December 10, 1991, YDU were appointed to fill a vacancy on the City's Youth Commission. My congratulations on your appointment to this important commission. The Oath of Office will be administered by the City Clerk during the regular City Council meeting on December 17, 1991. It will be held at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue. In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she will gladly make other arrangements with you so that you can take the oath. The commissiDn secretary, Rosemary Brodbeck, will send you information regarding the meeting dates. Should you have any questions, please feel free tD cDntact her at 691-5085. Thank you for your continued interest in serving the City of Chula Vista. Sincerely, T~r:er /t.L Mayor LMM:dv appoint cc: City Clerk Rosemary Brodbeck, Secretary 4Ct-5 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5044 OFFICE OF THE MAYOR TIM NADER ~ 1ft.- =~_: ----- ~~~.:t ellY OF CHULA VISTA December 12,1991 Mr. Joe L Page 740 Mission Avenue Chula Vista, C 91910 Dear Joe: During the City Council meeting of December 10, 1991, you were appointed to fill a vacancy on the City's Youth Commission. My congratulations on your appointment to this important commission. The Oath of Office will be administered by the City Clerk during the regular City Council meeting on December 17, 1991. It will be held at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue, In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she will gladly make other arrangements with you so that you can take the oath. The commission secretary, Rosemary Brodbeck, will send you information regarding the meeting dates, Should you have any questions, please feel free to contact her at 691-5085. Thank you for your continued interest in serving the City of Chula Vista, Sincerely, 7 -~ /J~,t__ Ti~ /t4 Mayor LMM:dv appoint cc: City Clerk Rosemary Brodbeck, Secretary ~4-1 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044 December 13, 1991 SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager j~ ~1 City Council Meeting of December 17, 1991 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting scheduled for Tuesday, December 17, 1991. Comments regarding Written Communications are as follows: Sa. This is a letter from Mr. and Mrs. Donald Mowery requesting support of their request for revocation of a conditional use permit to H.G. Fenton Material Company by the City of San Diego. IT IS RECOMMENDED THAT THIS BE REFERRED TO THE PLANNING DEPARTMENT FOR A REPORT BACK TO THE CITY COUNCIL AS TO WHETHER COUNCIL SHOULD TAKE A POSITION ON THIS ITEM. Sb. This is a letter from Mr. David Jordan regarding graffiti and gangland activities in the Point Robinhood area. Attached is a memo from Interim Chief of Police Keith Hawkins outlining various contacts the Chula Vista Police Department has had with Mr. Jordan concerning alleged graffiti and gang problems, and discussion regarding the development of a Neighborhood Watch Program for Point Robinhood. In addition, research was conducted to determine the number of gang related crimes in this neighborhood, the statistics for which are included in the report. At this time it does not appear that there is any major gang activity in the area but IT IS RECOMMENDED THAT POLICE STAFF WORK WITH MR. JORDAN IN THE DEVELOPMENT OF A NEIGHBORHOOD WATCH PROGRAM AND MONITOR THIS AREA FOR GANG DISTURBANCES. DATE: December 13, 1991 TO: The Honorable Mayor and City council VIA: John Goss, City Manager FROM: Interim Chief Keith Hawkins SUBJECT : FOllow-up to Allegation of Gang Activity at Point Robinhood COKPUIDNT: David JORDAN 1550 Point Dume Court Chula Vista, CA 421-8580 Reference the above mentioned complaint regarding gang activity at the Point Robinhood development, located at the extreme south and east portion of the city, the following contacts were made by Agent HAYES: On 12/10/91 at CVPD, Agent HAYES talked with a citizen at the front counter who was asking to talk with a gang officer. Contact was made with Joseph RIOS, an MCC Federal Corrections Guard who voiced concern with what he perceived to be a growing problem in the Point Robinhood development as he has seen graffiti being written on buildings and walls of the area. Mr. RIOS asked what could be done by citizens to help combat this problem and what kind of gang activity was going on in that area of town where he lived. Agt. Hayes told him that there had been past gang activities in the area but the problems were primarily in the Mendocino Condo Development an~ there had been only a couple of isolated incidents in the Point Robinhood Complex. Agent Hayes related that a family had moved into one of the condos in the Mendocino area, and they had previously lived in Long Beach. Their sons had been involved in the Eastside Longos, which is a Long Beach Hispanic gang and they have now formed a group in the Mendocino area. Also, they are associated with the otay gang, a well established and old gang from that area. There had been a problem at that complex but we had worked with the Association in curtailing much of t:heir activity to the point they are now difficult to find. Agt. HAYES also informed them there is no area in the city which is immune from gang activity that there has even been gang activity in the Eastlake area with their very expensive homes being the victim of both vandalism and one known drive-by shooting. /' In response to Mr. RIOS' question as to what a citizen could do, Agt. HAYES informed him of the availability to start a neighborhood Watch to get the community involved within his own neighborhood, (Point Robinhood Complex). He also informed him we have a Graffiti Eradication Program which would paint over any graffiti even if it were private property, if permission were obtained from the property owner to do so. He was also informed that graffiti has been given a high priority in our dispatch system so that response will be as quick as possible in the hope of apprehending anyone vandalizing private or public property. Agt. HAYES reiterated that he and his partner had gone into those areas on a routine basis to check, and have not found any active gang activity. Prior to Mr. RIOS leaving, Agt. Hayes did provide him with his business card and told him if he needed a contact person to help establish a Neighborhood Watch or contact anyone involved with the graffiti program to feel free to contact him and he would provide those names and numbers. On 12/11/91, at approximately 0805 Hours, Agent HAYES was contacted by phone by Mr. JORDAN who said he was calling regarding the growing problem of graffiti and gangs in the Point Robinhood area. Thinking that he was a member of the Point Robinhood Association, because Agt. Hayes had also suggested to Mr. RIOS that he get more involvement with the Association if there were a problem home or problem group there as the Association may be able to take some type of legal action. Agt. Hayes asked Mr. JORDAN if he were a member of the Association. He was a bit hesitant initially responding. JORDAN said he was "sort of in the Association" because he lived in the development. He then stated he was concerned about the growing problem of graffiti and gangs in his neighborhood, that he talked with a friend of Agt. HAYES' Mr. Joe RIOS. Agt. HAYES stated to Jordan he only met the man once for approximately 20 minutes. Mr. JORDAN stated he had been told by RIOS that there was a growing gang problem in the area. I then in turn explained the past history of the area, that there had been a prpblem but the problem had been in the Mendocino area, that there had been some isolated incidents at the Point Robinhood area but for the past six months or so there has been no ongoing problem. Mr. JORDAN then stated there was a growing problem with the graffiti and that he has seen graffiti in the area of La Jolla and Brandywine and painted on the back of the Brandywine deli. He also stated there appears to be a family in the neighborhood which was the only family who had their home graffitied. He later obtained an address for me which was 1557 Pacific Court. He stated this house had been graffitied. Mr. JORDAN then went on to state he would like to find out about the City Ordinances that control graffiti, that he heard the Ordinance dictated that a person only has three days to remove the graffiti from their property or be fined. He also stated he would like to be deputized so that he could make arrests when he observed this illegal activity occurring. He also stated he was concerned for the safety of his family and was going to move his wife to the north county for her safety until this problem could be handled. In addition, he stated he would be writing correspondence to the City in an attempt to get some action taken against this growing problem. Mr. JORDAN then continued to state his views in regards to penalties for anyone involved in graffiti along with what type of punishment and penalty attached to the parents regarding monetary reimbursement for this type of activity. He also stated he is a 20 year retired veteran and is used to a more disciplined type of society and that he is a businessman and is concerned with what is going on. In attempting to assist Mr. JORDAN in giving him some options and alternatives, Aqt. Hayes suggested that he develop a Neighborhood Watch Program and get the community involved. Aqt. HAYES discussed the priority system regarding graffiti in our dispatch system, the Graffiti Eradication Program and working through his Association to bring pressure against any residents within a development that might be the Cduse of the problem. Mr. JORDAN, before ending our telephone conversation, stated he. would be writing a letter to city Administration and that he would be using Agt. HAYES' name in it. Agt. HAYES stated he had no problem with that and Mr. JORDAN said he would send Aqt. HAYES a copy. The conversation ended with Mr. JORDAN. On that same day, Aqt. HAYES and LINNEY went to the Brandywine development to observe what graffiti existed as Mr. JORDAN said some had already been painted over and there were plans to paint over the rest. At the intersection of Brandywine and La Jolla, we did find some graffiti. Some of it appeared to be from a "tagger" but one portion of it appeared to be "B & B" which is the initials used by a Filipino Gang, known as Bahala Na Barkada. We also located some graffiti to the rear of the Brandywine deli which reflected some tagger graffiti, some "Otay Loco" gang graffiti and some "Eastside Longo" graffiti. This is all to the rear, located on the east side of the building which is not visible from the street unless you deliberately go to the tennis courts to look down at it. The front of the building has been kept clean. Talking with one of the clerks inside he said there was a rash of graffiti in the front even on the sidewalk but that was removed as quickly as possible. The front of the building is clean of graffiti. We also inquired within the store as we do know the clerks in the business. He said there has been a group which has been hanging around which is new and appeared to be Filipino and possibly gang oriented. This has been a recent development and they stated that they appear to be anywhere from 18 to 23 years of age. Aqt. HAYES did some research on the address given to him (1557 Point Pacific Court) and was informed that the residents moved in sometime in July, that there are two female minors in the house that are on probation for auto theft and burglary. The parents are on probation for welfare fraud and the possibility of a juvenile son who possibly belongs to a Filipino Gang known as the "Locd and Insane," more commonly referred to as LAI. This information was only developed the day after the conversation with Mr. JORDAN. , During statistical research of calls and information regarding incidents in the Point Robinhood Development, Agt. HAYES was informed by M.J. Diosdado, Neighborhood Watch Coordinator, that Mr. JORDAN had contacted her on 12/5/91 in reference to the same complaint. She had also given him information regarding developing a Neighborhood Watch Program, the efforts being undertaken by this department and the City in the eradication of graffiti and the controlling of gang and gang activities within the city. She also stated that during the conversation with him he made the comment that he wants to sell his home in the near future -and wants his neighborhood to look good. DIOSDADO also stated that she gave the RP names and phone numbers of people to contact regarding graffiti eradication, Neighborhood Watch Development and other local and community resources. STATISTICAL IHFORMATIO~ ON GANGS CPreDared bv Dan LINNEY} with the assistance of Crime Analyst Greg Pickett, Agt. LINNEY' researched the neighborhood of Point Robinhood for all gang related crime, field interviews of gang members by Police Officers, and dispatching of officers to gang related incidents. The following statistical information is from the time the Chula vista Gang unit was formed from September 1st through December 12th, 1991. 1) Number Crime Reports Taken that are Gang Related o 2) Number field interviews conducted by Police Officers on gang members 3)' Number radio calls for miscellaneous disturbances, or spray painting (graffiti) where the complaining party categorized the suspects as gang members, low riders or gang types to our police dispatchers. o 6 4) Number radio calls for miscellaneous disturbances by juveniles, loud music or large group gatherings not verified as gang related Approx. 10 On the above radio calls, the disposition was usually quiet upon arrival review. bulk. or gone on arrival. The above statistics are available for The statistical information is not attached because of its KH/MH/amh GRAFFITI . Mr. + Mrs. Donald Lee Mowery 2660 Subol Court San Diego, CA 92154 (619) 423-4382 !!~~)';J j':/,'~' lil; , ./7' , ',2 /J' /'~J!.' "'"., Il~.,... ", fA "-.J j,? Z~ - ,-/ ~ C' "'.f /r- . / ..". . ,c.':.-- 0100 :', /. "'" ':,: _ v...i/" December 10, 1991 " " .', / .J Mr. Jack McGrory City Manager 202 C Street San Diego, CA 92101 Dear: Mr. McGrory SUBJ: REQUEST FOR REVOCATION OF CONDITIONAL USE PERMIT We are requesting that Conditional Use Permit (CUP) no.10- 645-0 which was adopted by the City Council of San Diego on March 23, 1982 be revoked for the following reasons: Ref. ~UP no. 10-645-0 ITJ:M .L. This site is within the f100dway of the Otay River and a permit for operation was not obtained from the Department of Fish and Game. Ref. CUP no. 10-645-0 ITEMS ~ ! ~ Prior to construction and operation of the asphalt batch plant all necessary Air Pollution Control District (APCD) permits were not obtained. During construction and operation all conditions of the APCD permits were not met. See enclosure: APCD Permits Rule 10 (Revised effective 9/18/90 Pages II-1, II-2. II-3). Ref. CUP no. 10-645-0 ITEMS 8.-11. Dust has not been adequately controlled. Roads were not watered and if other dust control methods were applied tAey were ineffec- tive. Ref. CUP no. 10-645-0 ITEM 12. The 6:00am to 10:00pm hours of operation were not and are not adhered to. Ref. CUP 10-645-0 ITEM Construction and operation tions. l.L has not complied with the regula- Ref. Resolution no. R-256072 Adopted on March 23, 1982 Conditional . RE: paragraphs 2.-4. ~~ >;7,/~ (<f)" " ~~ Vw 9;;. 7U?fl0 Use permit no. 10-645-0 .._!/",;C,'" ;J ~ U ~~~'~J C:(}itfl&\;iU~~ICA ilONS 5~-1 On January 28, 1982 the Planning Commission denied CUP no. 10-645-0and filed sald decision in the office of the City Clerk on February 11, 1982. On February 1, 1982 the decision was ap- pealed and set for public hearing on March 23, 1982. It was resolved by the City Council that certain facts numbered 1. and 2. existed. They are no longer facts. There are no permits from the Department of Fish and Game or the APCD; and this operation is not compatible with the residential neighborhoods down wind which were constructed after the March 23, 1982 public hearing. This item was on the Planning Commission agenda of May 2, 1991 ITEM no. 9 where it came up for a five year review as required in the approved CUP for compliance with all applicable regulations as well as compatibility with the existing and future development in the community. The Planning Commission found the use to be operating 1n compli- ance with the CUP, that the operation has approved permits from the Department of Fish and Game and the APCD and that the opera- tion complies with State and County regulations. They further state that there had been no complaints. None of these state- ments are true. See enclosure: Petition with 82 signatures dated November 1986. As of November 1, 1991 the APCD and the Department of Fish and Game have issued no permits. There has been noise, dust and smoke along with additional grading and destruction of Riparian habitat. Ref. CUP no. 10-645-0 ITEM 18. "THIS CONDITIONAL USE PERMIT MAY BE REVOKED BY THE CITY IF THERE IS A MATERIAL BREECH OR DEFAULT IN ANY OF THE CONDITIONS OF THIS PERMIT. " We are requesting revocation because of default in most of the conditions of the Conditional Use Permit. We stress the word CONDITIONAL! There have been several complaints filed with the APCD by resi- dents in our neighborhood and we were told by the APCD that the asphalt batch plant had been cited. A request for variance to operate the asphalt batch plant was set for an APCD hearing Thursday, November 7, 1991 at 9:00am in Room 402 of the County Administration building. When I arrived at that time I was told that the hearing was in Room 310, but Room 310 was locked and dark. I was then told there had been a request for postponement and that the meeting was rescheduled for the following Thursday, November 14, 1991 in Room 310. Meanwhile starting on the afternoon of Friday, November 8, 1991 and continuing over the next few days the asphalt batch plant was sandblasted and spray painted. The blowing clouds of dirt, dust and paint were not captured or contained and the noise was ex- tremely loud. C5 A .2. When a neighbor and I arrived for the November 14th APCD hearing we were told the item had been pulled and a start up permit had been issued. See enclosure: Application no. 880894 Dated 11/8/91. We requested the opportunity to speak to the item in open com- ment. While we waited for an answer the board was seated and we were shocked to see that one of the board members was Allen Jones, the Senior Project Manager of Fenton-Western Properties. Mr. Jones is the person we have previously been addressing our complaints to and his employer H.G. Fenton Material Company is the owner/applicant of CUP no. 10-645-0 . Several activities and companies operate under CUP 10-645-0; Rock processing facilities, a concrete batch plant, an I-beam production facility and the recently added asphalt batch plant. Each operation has a number of trucks allowed per day. The asphalt batch plant alone is allowed 223 trucks per day. Each operation uses OSHA back-up beepers on their equipment and the topography causes the sound to be greatly amplified into our homes. Because so many companies operate on Fenton property under CUP 10-645-0 it has been very difficult to identify specif- lC violators and file complaints in an effective manner. Once again, we request that you review the conditions under which CUP 10-645-0m was issued. Those prescribed conditions have not been met and we raquest CUP 10-645-0 be revoked. Thank you, (fh.,dc/'7~ Mr. Don<rlO Mrs. Linda ~ 7/~~-i<-- Lee Mowery Lee Mowery Attachments: 6 cc. Maureen O'Conner, Mayor, San Diego Tim Nader, Mayor, Chula Vista San Diego City Council San Diego County Board of Supervisors San Diego Planning Director San Diego City Attorney Air Pollution Control District Department of Fish and Game c:5 c. -3 CONDITI0N~L USE PERMIT NO. 10-645-0 CITY COUNCIL Thi. Conditional U.e Permit i. granted by the City.Council , COHP~, a , of The City of San Diego to H. G. FENTON MATERIAL California corporation, Owner, hereafter rtftrred to a. .Permittee,. for the purposes and un~er the term. and ori the conditions as set out herein pursuant to the authority contained in Section 101.0506 of the Municipal Code of The City oi San ~iego. 1. Permission i. hereby granted to Permittee to cobGtruct an asphalt batch plant located ~est of Beyer Boulevard bttween Palm ~venue and Main Street, described a. a portion of s~ction 22, T16S, R2~. SBBM, in the fW Zone. ~ 2. the facility .hall consist of the followingl a. Existing prestressed I-beam production are~, concrete batch plant, roc~ processing facilitie. .nd related activiti..: b. ~n a.phalt batch plant; e. Off-street parking: d. ^ccessory uses as may be determined incidental and approved by the Planning Director. 3. A minimum of 35 off-street parking spacel shall be provided on lhe property. P^G~ 1 OF 6 54-5 tXHIBIT '8' , 4. BeCore the issuance of any permit, a permit for operation thall be obtaine~ from the California Departmen~ of Fish and Game. , S. The proposed new asphalt batch plant must comply'with all Air Pollution Control District Rules and Regulations applicable to a new emission source. Additionally, prior'to construction and operation of the asphalt batch plant, al~ . necessary APeD Permits shall be obtained. , During construption and operation of the plant, all conditions of the APCD Permit. shall be met. 6. The applicant must annually renew all required ApeD Fermit. to Operate for the existing concrete batch plant ~nd the screening and crushing equipment and must obtain required:APCD , Permits for any further additions of new emission sources or modifications of existing sources at this site which are .ubject t~ APeD ~ules and Regulations. 7. A review of the Con~itional Use Permit for compliance with all applicable regulations shall be required after o?e (1) year from the date of issuance of the permit and every fiye (S) year. thereafter until expiration. 8. Oust control metho~s must be applied to any dust, producing condition which may develop, and result in a nuisance from this operation as may be determined by the Air Pollu~ion control District. 9. , All air contaminant emissions from the operation'and , use of the plant must meet all the emission standards of the San Diego County Air Pollution Control Oistrict. r' PAGE 2 OF 6 ?A.~ . . 10. Access roads and yards in the general area of this equipment ahall be watered or otherwise tre~ted to prevtnt dUIt generated by plant mobile traffic from exceeding the em~ssion .tandards of Rule SO. 11. All dust or other air pollution emissions at any .creens, at material transfer points, or at any equipment, during any phase of the operation shall be controlled by water sprays, or by such other or additional methods as may b~ required by the Air Pollution Control Officet to control any excessive dust or air pollutant production. 12. The hours of operation of the f~cility s~all be limited to the hour' of 6:00 a.m. to 11:59 p.m., Monday through Saturday. ^n exception to this may be made when an emer~eney exist. for federal, state or local governmental contract.. Emergency extensions shall be approved by the Planning D~rector. 13. The life of this permit shall be limited to 25 years and to expire on January 7, 2007. 14. ~o permit for the expanded operation shall be granted nor shall any additional activity authori~ed by this permit be conducted on the premises until: a. The Permittee signs and returns the permit to the Planning Department; . b. The Con~itional Use Permit is recorded in the office of the County Recorder. If the signed permit is not received by the planning Department within 90 days of the Planning Commission decision or PAGE 3 OF 6 c;t'A. ~ 1 " within 30 dty' of a City Council dectlion, the permit Iha:l1 be void. 15. This Conditional Use Permit must be use~ within 16 months after the date of City approval or the permit shall be void. ~n Extension of Time may be granted as set forth in . Section 101.0506 and 101.0507 of the Municipal Code. 16. Cons truct ion and opera t ion of the approved used 'shall comply at all times with the regulations of thil or any other governmental agencies. 17. The project property shall not be used for any other purposes unless: a. Authorized by the Planning commisslon: or b. The proposed use meets every requirement of the zone existing for the property at the time of conversion: or c. The permit has been revoked by the City. la. This Conditional Use permit may be revoked by the City if there is a material breach or default in any of the conditions of this permit. ^ revocation may be requeste~ by the Permittee. ~evocation of this conditional Use Permit may be initiated by the City or the Permittee. The rlanning Director shall set the revocation for a public hearing before the: Planning commission, as provided in Section 101.0506 or ~ection 101.0507. An appeal from the decision of the Planning Commission may be taken to the City Council within ten d~ys ~fter the decision is filed with the city Clerk. The Clerk ':)&.-8 PAGE 4 O~ 6 FEB-13-91 WED 1e:17 WESTERt~ SALT P.02 shall set this matter for a public hearing before the Cit~ , council as provided in Section 101.0506 or Section 101.0507. 19. This Conditional Use Permit is a covenant running with the lands and shall be binding upon the Permittee and any' i successor or successors, and the interest. of any success?r . shall be eubject to each and every condition set out. ADOPTED BY THE COUNCIL OF THE CITY OF SAN DIEGO ON MARCH 23, 1982. 6A'~ PAGE 5 OF 6 --< ...- -y' ~------ rn@W@ITU~ CITY PLANNING DEPARTMENT. SAN DIEGO, CALIF. 92101. 236-6460 DATE ISSUED: ATTENTION: REFERENCE: SUBJECT: DESCRIPTION: LEGAL DESCRIPTION: OWNER/ APPLICANT: SUMMARY: April 26, 1991 REPORT NO. 91-145 Planning Commission, Agenda of May 2, 1991, Item No.9. city Council Resolution No. R-256072 approving Conditional Use Permit No. 10-645-0. H.G. FENTON MATERIAL COMPANY ASPHALT AND CONCRETE BATCH PLANT CONDITIONAL USE PERMIT NO. 10-645-0. FIVE-YEAR REVIEW AND AMENDMENT TO THE HOURS OF OPERATION. Located approximately one-half mile to the northwest of the Palm Avenue Beyer Boulevard Intersection in the FW (Floodway) Zone in the Otay Mesa Nestor community. A portion of Section 22, Range 2 West, Township 18 South, SBM. H.G. Fenton Material Company. Issue - This item is before the Planning commission for a five-year review as required in the approved Conditional Use Permit No. 10-645-0 (Attachment 2), for compliance with all applicable regulations as well as compatibility with the existing and future development in the community. l Pri.l.... o. rM:\-cI.d p.cwr c:s '" - I () Page 2 Department Recommendations - 1. Review Environmental Negative Declaration No. 81-09-27. 2. Find that the use is operating in compliance with CUP 10-645-0 (Attachment 2) and amend the CUP to modify the hours of operation from 6:00 a.m. until 11:59 p.m. to 6:00 a.m. to 10:00 p.m. Communitv Planninq Group Recommendations - On April 10, 1991, the Otay Mesa Planning Committee recommended, 7 in favor, 1 against, 3 absent, with modification to limit the hours of operation but otherwise did not make overall recommendation on the permit. Fiscal Impact - All costs associated with this review are borne by the city's general fund. Environmental Impact - On March 23, 1982, the City Council certified Environmental Negative Declaration No. 81-09-27. BACKGROUND: On March 23, 1982, the City Council approved the subject Conditional Use Permit to add an asphalt batch production plant to an existing batch plant facility. At that time, the project site having been recently annexed into the City, was operating as a legal non-conforming use. In addition to the asphalt batch p~ant, the city Council placed the entire operation under Conditional Use Permit regulations. The site which contains 23.7 acres has previously been graded. No grading is proposed with this review. Access to the site is provided by a private road at the north east corner of the property, off 27th street. The site is located within the 100-year floodway of Otay River. The operation has approved permits f~om the California Department of Fish and Game and from the San Diego Air Pollution Control Department. Due to the nature of projec~ operations, the site is- monitored and regulated by the San Diego Air Pollution Control District to control dust and emissions generation. Staff contacted both agencies and was told that the operation complies with Stace and County regulations. c;&\. ~ II Page 3 Land immediately surrounding the site consists of industrial uses, to the north in the County jurisdiction, agriculture uses to the south, and undeveloped land to the immediate east and west. The adopted otay Mesa Nestor Community Plan designates this area for open space. ANALYSIS: Summary of proiect The subject site was used for the mining of sand that begin before 1920 and continued until 1972. Subsequently added to the operation was a concrete batch plant which began operations prior to World War II. The concrete batch plant and an I-beam production facility, which was added later, have continued to operate on site as non-conforming uses after this area was annexed to the City of San Diego. On March 23, 1982, the City council approved Conditional Use Permit No. 10-645-0 to allow the addition of the asphalt batch plant and placed the entire operation under Conditional Use Permit regulations. . The approved hours of operation for the facility are limited to 6:00 a.m. to 11:59 p.m., Monday through Satu~day. An exception to this limitation may be made when an emergency exist. for federal, state or loca 1 governmenta 1 contracts. Emergency extensions are to be approved by the Planning Director. Staff has conducted several field inspections at the subject site to verify compliance with the CUP and has found the operation to be in accordance with all required regulations and permits. It is recommended that this permit be allowed to continue until the expiration date as outl ined in the permit, Condition 13 (see Attachment 2 page 3 of 6). staff is recommending and the applicant has agreed to limit the hours of operation until 10:00 p.m. due to the construction of residential houses in the neighborhood which has taken place since 1982. Existina Conditions Existing use of property: The facility consists of a pres~ressed I-Beam production area. a concrete batch plant, rock prscess i!1g facilities, an asphalt batch plant, and storage of conc=ete products (primarily precast concrete-floating docks) . '5&..-12. Page 4 Proposed zoning: Floodway Surrounding: Existing Zoning: Floodway Land Use Zoninq North East South West commercial, industrial Undeveloped Agricultural Undeveloped County Property FW Al-l & FPF FW site Confiquration and Gradinq The site is level and is within the Floodway of the Otay River. Number of acres: 23.7 acres RECOMMENDATION: The Planning Department recommends that the Planning commission find that this facility is in compliance with conditional Use Permit 10-645-0, subject to a modification of hours as outlined in CUP 10-645-0, Attachment 2. ~w~ Associate Planner / ':',' -/ v~~ Thomas T. sto Deputy Planning Director JB:TS: (236-7761) :vbc ATTACHHENTS: l. 2 . 3. 4. Project Location Hap CUP No. 10-645-0 City Council Resolution No. R-256072 List of Owners or Persons with Financial Interest in the Project Sa. - (3 )../1 J ;:;: " .U ~ _ (\I; ,--.../ N1N. c: "_ U:U iJI'iJ/: ~~ 13 -.. : a ,.., "'~. 'I,) :. I ,-j '- ._-1 .~"- \ ' . . "c . ,lt1JuJ.:-:: (l 1j \ , '- ........ '.- ., !')l~ rr~ :~'li, ... 1_:. . .. rll' IHI II h, ,I' - __.1 r. ----'\ ( \ r1'"~ '" , . ': " . '-\ '. i' - .. ,. ~ -:__l.r~.' ~TT Of UIl 0' a;'~ :J.J.:74- , :' III. ': ,1:1 I'. TRACT 11,1 1=:11'" :,\::;- -.: "- ... ''. :, ,.' , .' I ': ,.;....,..: \,r l,.' . -' --..;. l ~. ~:~;\. \/ 0 -=-; ',!; r:\') .-z\ ,,_ "'-\,,' ;J ....~ .J . '. ti~.. . "n - . .". ~~~, ''':' \ ~\ 'Ro.~: :=j ~~7;' ~.. . .'- ~ >f ,~. (c ~: I.~\ :--~~"'- /-'~ ::":~: ~-./ I' t uSV/:/ S:82~ffi; i :. i . \ " lJL." - ',"; .':"_'~J;::~': . . _ __-s:::=:V,.:.?': 4Z~ ,,- . \ 1\ f ,~, -.....: . ~J1"P, . ~'. ,'- r e>.INHAUf5 . \, '\- If--.: "OO'TIC . .IJ;I= ( .., ,.' ,- -I, .. 'f'+::". .)~ .... . t.--- ;0 1, . ~ f-i - . . ~". " ! ~ C. P . 1\" \ : : -- '.- -t' i :. -.' I NAP \.: ~ 598 /-- . . . ,(~;= -;-11 . PROJECT SITE I ~. i ~ ''\ i:i .. ....~., - ~ fu21 ~I'! ~ ~ 1 f.L:==-r--~'~ V_I\~?=~~~7~ ~~~1' ~~'.~" ~~N~\ ~ 2ff/ir'):fr;;if.. , \ 'Il \ I~""'"<' YC;,~.,-;t)!H:'1 f-...-';V ';{., /~ , g . ( .r /~-:.{SF# ~z ~'if.w' J< ~::-;;;".~'J_~~j , -"~~. .:.':,!SE 1;../ , ,/,' , /'ij~,-a:,,::,.,", '-..., \ ~.,.", ~~" 'U,;;,'... .....-. '11I11'" ! "'P"-'~"~~2i"( "'-:""~''']( ,\ ;'1 \\~. \' ~ :') P./, riBS.. \ . 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HEt-<NA_...fp'.K , ,,-: .!- 0 [-:;i. 1:li:' , ' - ......... , ". FEET 800 OTAY BATCH PLANT C.U.P. '5~ ./1.{ SAN DIEGO . PLANNING DEPARTMENT LOCATION MAP . "..,.'T'~rlJl.(l;'NT 1 u ~'" ~ c' f<, .~ ~ ~ ~ ~ ~ ~, ~ ~ ~ t ~ ~ ~ ~ ~ C\ ~ -.., ~. ~ ~ \'. '\ ,~ ,,\, ,\, " ~~ \. \. \: '::s.. '" \' 't,' ~ '\. .~ C\:; ij R;::r'r.I\/CO \ _...' ___ i...... :!fl. G. .!!'.!i:!iNTON I\IATER~~Wrl5~~'IY P O. BOX 04. (702 WES, WAs..J5D~ff.fl5":"~EFH Z: 25 SA:'\: :ll L:;::;' 0 , CA:"'IFORNIA 9:::112. TEC\ai!:I\H::1~~~'-:!ge..eI8~f/:' .......... 1 Ld_I.,.IU, 'v,.,\l..Jr. January 29, 1982 Charles G. Abdelnour, City Clerk CITY OF SAN DIEGO City Administration Building 202 C Street San Diego, California 92101 SUBJECT: APPEAL OF A PLArlNING CO~'MISSIOil DECISIori \~e wish to appeal the Planning Conrnission decision of January 28th, 1982, which denied our application for a Conditional Use Permit (#10-645-0) to construct, use and maintain an asphalt batch plant on property located west of Beyer Boulevard and east of Hollister Street. We request that the appeal be heard by the City Council at the earliest available meeting. Please inform us as to the tin~ and date of that hearing. Yours very truly, H. G. FENTON !,1ATERIAL COI.IPAilY w TIMOTHY C. LANAGAN Property Engineer TCF /mcw CC: Lee Okeson, City Planning Department Development Expeditors C;e... -I S ~I~E NO.1 CITY ., $1." DIEGO MEMORANDUM DATE February 2. 1982 TO Fi Ie ~ROM Secretary to the Planning Commission SUBJECT I PN.,u . Item No. ..!!.-. Case No. CliP 10-6Lt;-0 PlannIng Commission Meeting of 1/28/82 Following are the results of the Planning Commission's discussion on the above-referenced Item: ~ x The Planning Co~ission voted 5-0 to deny the CUP. had recommended approval of the permit. The Planning Department Mr. Delawie stated that Fenton Material Company does an excellent job in similar industries in town' in providing much-needed material for the construction industry, however, in visiting the site it became apparent. as was in the testimony last time, that there is absolutely no mining operation going on in this area. It is now an industrial operation irl a floodway zon.. What they want to do is inc.rease the operation from what may be somewhat marginal now to a full blown batch plant and all we are getting for it is that it will be under a Conditional Use Permit with limited years and hours. To me that is not i very good deal for the City of San Diego. If they were going to landscape or have a ten year limitation or something, 1 would be in favor. but to me all we would! be doing is legalizing an illegal situation and setting a dangerous preceden~. Mrs. Leonard stated that she was in agreement with Mr. Delawie and stated she had some concerns with the permanent structures in that floodway and would just as soon not enhance this type of use in that area. x Mrs. Widman stated that with a modification to the. hours of , the operation and the length of the CUP she could support it, but without that she would support denial of the permit. ( ')" I :....' t-~ I:-r:t-<.h_........~ Sue Blackman Secretary to the Planning Commission cc: John G. Davies Jack Van Cleave Mike Stepner '5'0.. - /~ :'..:'-"'Ir,',' , " "~; -' '" r:-\r., IHr"/',-)j", lIlt.IT"'" :,rf.. ,-, H r, 11 I(HI ,', 111 rr'(H 11I"TI'T .,. '" ,-..,,,.,.,,, '"~" A' A . I..... '."" ..... . 1', ,. '_' _" . , ,',. . t. .~' .. " . ,-,. ~ 9150 CIIF.J,'\FL\!\.I Df,IVr: SMIIJII:GU, CI\. :i2!:':l ." ~ 11' " . .1 ."."".' I "'prIF1!tO:'H i'f")l-)i:'~'I--- ~,L(TUF"'lD r:?I\ STAHTlJP AlJTH)!U7AIIUi-i I V::/?l_ I 'l-\t., .,f r~:(I""n'-''' .' ,...t.,~\ '"VLI.. ) ,'~.-I;L....~,; (~....,-"",.~",....!..\."' I ,1.,~.~, . ......a_~~,~Iu.a. ......'JI-'~~.?__0.!J?t~.:.J...~ ......:'iP-'--.___ __.___~_______ p, O. l)'l~2_6j)~~.~L~nllL'i~;~"~(~~=---~J_~~1~L.. h1;\Y OFIF:it1'E_aJ!.(~t-m!~_FphJlt b~J~l!t...(QI..1.:~i.:'_ti!!~ (If .-t:...:~~"';.':!!}!.l~ogl -.: '_-,' .',;.)yej"'9~?_( tU) ~11'1 :LHk~:r._.r.~_~. '';2..T.l]t~~~.!'!_~l! l'j"Cl i:'..'!l:1J~~!,:l.J~,:i ~;~':c_~;:.~.!-_l'::Jt.,?!~~~t,inj.. 1. J.Of) I-.~'..1 IJ llJ: It!_~I~_t~ '~,:_,_i.::;".~f.' "'-; 1l~[~ ti_ll~::' 1, ~:?; !r.lll/Ill_~~!)i~~h '~'~'~!;;;.hk,!-'p::OI .3.1,;1 F~I~milL(h.~-,;t~J.t;).,lJIa.:,,~r~H blp~taIil;1~ k ~1 I L~~h~_:r) :"'!__~:'J~ ~:UflJl!U C~l!t'~IJi ;.plullic \.l"j;,~'j;t .;!~~-,a~. _h~a.t::~. lr.ra :3.,'5 MMBL\l/h!..i.I~ate( 11(-:';00 h'~at':I..l lQ}1lJl_~e~1(il!..!*,2Ili~?>:1_:;.t.2l.~~~ br!: ..-__.____iJ~.!...jpl~U5..:____.~~. --~ LDCi\TED J\J.Jh~~l'.,-,~~L('127l1!..~tle~ltQt;l7F.1~u..}~n Vi:~~l.'-,~~'._ __ ._.___.. u___ __..__._____ _ .__ ____._ UUTIL__ __ _Y'i~Uj2L____u_ ,_iUf.:3U;\fIT [() !:UiJ. -,'t ,1F -.':c. "..__' ...'iLl f:f.GlJLAllt.'lJ:; t 'r Tllf. MP... r-UIl.UnOi-i L:Oii J j:Oi.jjiS'fPJCf.SUfliECT TU THE [ULW',iiIUl', C' :- ~Tlul'j:;: . . - . i \,'1 COPY Of 11 US i\UlllOPlZl\T!ON Sl !ALLflf. fUSTW O~I OR rJI,\R TIll U,JUil\IENT fOP.. INfl[CJ I (lfTP',\T!L'N 'I 1:3 i\UTIlORI;:m. ~ I ,,:' , " 1. Materhls bndled :;hall wntlin sulficient natu1311y l""11tini, '.:: -c.:cJ IIll1i:;tUle 10 ,:l1nf'ly with the emis:;!t'tI sla ndards c1f Rule 50. 2. Air pollution <:ontwl el!uip'nerd "In 11 be 1l1"int,1h,,~'_ 'il .';oc11.1 "F ::mrlition ~n,1 ~hol1 be in full operotion all1i In aCC\)lC:JilCe wilh manufi.ctlll,.'" i:t:.1111C.: -'-,,:." ;1\1 lillll'S !i-Ih~ll the proc~ss equipment is in opeI'1tion. -3. All process e'jqlpment ,,110,11 be maintained ,'tv.! clf'cnted "ll 11t,)1 Ihme j" !\cl leohj~e <'f,ir wntamiI,.)nls \C' the atmosphere prior 10 lheir Ire~llllent in the 1.ir I/', :on control ~Tdplt1. 4, All 'lccess eno! haul mads shJIl be paved and shall wIldsl of: ,fic lanes :'Ind :,11011 be mainh.intd in ?"",d con,lili01:. 5. f'a'Jcd ;\CtTSS ;mll,a,!i nXtI:L: shall be Het swept ,It le1s1 e'.:.c:.!:" ,;~::,'n ,lays, fleconls III tll.;se sweeping::: dlall be mainlained and made 8v:'Iilab~e It' thE' Uistticl UpC'H re'luesL ('; Tc,tallen;r;lh l,f access an..! h'lq!lc1~ds shall not c:(cced U)5 rnik~. '1. i\l[ unjn"e,[ tlnintenallce '1ehide mads shall be dlt;r.-,i-::dIV lteal~d with d(l~t ~url<r{','~"nt~ ,il le~st eVelY :.e"p.n ('l) liar" Recl,tll~ of th,,::'e It{'alm('nls :"''',11 be mainlnine,j and l1l"de a vai bble 10 the District 11 pon reqlll'r.t. ;:L i\.tlrll(\tethl (,o1\veyin8> ::.:reeniug. drying. sh:;:r:):~e. rrli;dn3 .).:.,",' be enclosed ,mil 'lenletl tO,l ti':<':":,c;::;", Theil' d"lll be ;.,1 leakage C' I rl'atment in the b~[,IH)use. - 9, D1ily h)I~1 1s[<haH pn.1C!udion ,hall l\flt exceed ,'15 tcr,,;/hr. ReCt'rd~ dOCllTllPlltillp' prodl.lction lates shull be muintained on ~n hourly b~si~, I);-.-sile, ~1ll1 sh,)J1. be made a',1~ihhJe for Di~;tricl ilt~p~l'!ionllron request. '10. E'l',ipmcnt ;:hollllot be opcF\ted in e~cess of 1IJ Ins/,jJy c .-')"S/yr. '-'-lith'."l! \"i,'r Uislt ict ~[I[llo':al. Rccords do(umenting houls and rl..;1S of Q;'C.,,:j, . c,;",;; 'Je mnintui llE',l "HI made av~i!~ble iI" lJisltid in"pection upon re'luc:;t. ! 1. Tated l:PN nle.t~d.~! US1~-e, in :l!!Y cornbinntion of $n tv1 "_ltd ~~ggt-Pbf\fe $h~dl ntJt exr,:eed ;'f, l..2 tons/hr, 7J,I? I,'no/dny, I)r .1'lZ.lrfln tons/y''''. , -." C'l'lipmenl "hAil ,',:alllinants I" 1<'. to "^~ /1 Lc. TI,e lot'.ll llllllll,erof tllXY,: cc'nying~,,!,b~ltic mix, :'Mld. a:~~j: "1h.1Jt .'il. "1\,1 [lIf" "i1 :ell'll J1l't er.eec,,1 ~ {ot.,1 e,f 223 t",\c};s l'hy. RecoL:,. de1Cl.lJllcnl. .', (kliverie~ "'I'll be n.:.'i!~hil\elJ on;~ daily bij.~~s .':\1\,.1 ~~hi:tll L,c 111~1d~ .~..~~iht,le for Dishic. I~-,~;pecth'n upon lefpl('~-=t. U. I he to[,d ,'\lnllUllt of fuel Inllne'.l in the dlj"r ~,nJ t;',e ~Thall e,iI heater~ il\'lI\{ wmbin,!.Iion of n'ltur::rl g~~: e1r fuel oil. dlaJl 1101 exceed 32,5UIJ,OUO p:rUihr l'r :.'(:1,'i::\11.')59 l',TU/rl~'r. l.t The {,-,to I OII1'.1unl of, iur~1 ijlS burned in Ihe dry<,r on,1 1)',- ::,[t c,i[lte~I"I" ::1,.11111<.'1 er.cee,l i3;~,SIJIJ cubic fl~ell'..,t h,)ur ')1' 77J,'i81J cubic feet per o1,~".', IS. The I,-,tol ~1."lIl1lt of,:ie"el f1wl bume,l ill the "h;;l'r'lr.< It oil he"lel~ ::11,,111,,'1 :-':<lre,] 6.:S t;.jllon:; ['et h',ll,lI e'r 5,SI)2 gl'\lIom/d~y. 16.lf\:.0Ih natupl t;',s ~ltd diezel fuel are bumed, the ,",lIll e,f the (1lbic "1 e,f 1\0' '1,1 i;"< 1'111f, the Fwdmt elf 132 Ii JIles lite ,.lic~el g'll<ma)',e b,ulIe,] dell! not exc:'pd ~?.5[.il.l "1\ AlIItOIlII.,. )""i:, or 7/:3.7"0"11 ~ ".~ Hy b:,i~. 17. [JI}~I (,:(i,k~ or lIilmgell emb~klrJ~ ~h:,1l1 not excp<,,\ IrH p~r~_: " ..' -n'llioll. by "0111111<'. "n ~, dlY b;'\::ds} Ct'l tedrtJ to 3 pc;E':~.d \.Jxy~;en, wIlen fir\:'l~ on fuel oil"':l . ~'.}S. IG, DlyercJlbt,tl Inonoi.ide E::r.'-Li~:';icas f.h::\1l not excc2d '~,iq V~lis r ~111.11Y ~,~(~lln!H"'. ~ln ;\ "hy betsi", WI r<:cbl to 3]-'t:rc'Cl,t oXyg':'lI, ~,'..'hell fil1"d on f'wI e'iI or n "I;red ~;AS. lq. l\e(On\" "f the ~1Il0Ullt <,f fuel bl,uned dIll! be lIl~illt3inc.d, <"11 doily bO.sis. ~l",l ~It.oll be llulde rCldilyoslihble f,'r IJistrict in"pection 11}'01\ J1"'l'lest. . 20. Emi,'siollS of p~rticuhle matter, me.lslllc.l '$ total ""f,Fende,.l ','; '_uht" er.l11u"le,1 1''''111 IIJtl hbtic filler. dwl!lIol e:(cced O.l1'l gl~itr:: lie oIry ,,1.1ll,bld cub'" "dplpllllilled l"i "'''Iln' [e;;ling l,dng ~;'"1 Die[;o i\ir I'dlutielu C,mlw! Di;;lrid (.c'.. ~', .:,," " :uhle Se1l11CC le,:till)'; 1lleth(1,J~. 2lVisihle emissions from the fahrk fiIter exh~u~t s111llll..,1 e:(ee,'d "p~d Iy <"j"o 1 10 ;n l',cl':en t. or Rillr;elm~nll L for Illore Ih~ll tlace t1I illule~ in .;!w consecuti ,..e All,,! :~11I te:'. "2. Li'I'tid file I dl~1I be Il<.'. 2 diesel 'i.lilh ~ ~1I1f1l1 wlden[ 'l!lt 10 p;(ccerlIJ.l(~ FP,rpnt by 'i,'~i;,;Ill. 23. Vel,ide ;;pee"l on h.nll m~ds sh~1I he 10 tnph or le~s. Si~T\S rlizp[~yi!lg this "peed limit d"'.ll be 1'o:;leo1 .,10118 lhe h31.l1 m'ld~, "lid l1~[fic cOI\II"lllH'%'." . ".I.,'ll\<'lile,J 'f, W"T'""nry to en"llle (e1lJll'lhl\ce. 0,1. The f~'-,ric fi1tel"~I<,J f'llt ", 'be in"lollool with:, iL,,' temptI ._11'-',1','111 ~E'P~,'r 'lid conlm[ 'Nith .j ,:ct l'oil\l k,I'~'d the f': iter 11l3li'lfnctIlH,;r',: :i"uirnllll\ leronllnended "per:ttin2' tenll1e!~,t1)re. 1" ~ b~.i-"hol.lse:-:I l be in~ned('\.l c:" utfl.;'!rnise !e!;tE'd t'1\ :) If'rllbr ,., .1 r ., t,~;;is, elid ~.fler e~dl e:(ces~:i ..e lel'i1l'er~tI.lJe "h[llde",-'7I1 t,) ('.I~lPB fillers '1IT' int~ct ~lid ill ,;,,0,1 ~lper:\t.ltlg(ondition. . 2'j. The f"bric filler shall be bstalled with ,j" ~ccessih[e .,,,d r: ',,; S,jU~,C J\1euf,llIill1' .'11'[ diphying Ihe differential pr<;""~ie 'lcross the filleIC. 26. The hhric filter sh,,1I b,: e'luippeJ with a eil\'uhr ~:.::'.lsi "Io<'k 'Nith lesl }-"'II" JI1" phlforms for "olll\'e tesling. t:.? Asph~li '-'1<'1' ?,n!le "IPO "hnll he eOllhnllrd in e'le:er Ie' m,'el Ihe Ui,.,,: .t',: uisihle p,"i:"''''11 Je'1uirements for "blue" smoke emi:;sions ,:tJ pen:e:c[ op~cily .,1 the silo loa,.l-out,,,,l ;:11 pelren! ()I"lcily .11 the silo IO:ld-in. c:<<:ept ft'r J minules ill :lnT consecu! i '.re I{l minutE'f.t, ::'13. Source le,:15 ~1l:l11 be conducte,llry ~ll in'-'cpcndenl 1('~ler . . ,''''plic.o.nt's e~l'f'w,' to' ,klerllline initi:tl c<.'llll'lianc'l v:ith coJllJillc1l' 'I', [3 end 20 E.;:- Th~<e If"'" ,...ill bf' , c<'nrlucterl \,'7ithLn ()O doys 0f 1'~", iJsuanre 0[' st~rlup .'UlllOtiZ:" ,. '"H! '':'[''''1. 'o\'itl1 thE' Jesuits of Ihe S(lun:e le~ts, ',--rill1Je submitlerllo District \,vithin 30 ,-jays ,)f Ct.lmpleli(lll "f the test~. "q. Access hrl':':" ~I\d utilities for ~'_'urre tc~linf, .1S required lr:' [he /~r f'ol!l.ltion I '",,,Iwl Officer "h~1l hI,' i """.lithl 'Nhen ~:uch teslin!; is pflfmmetllri the 0;:'" C;c.. -I r :i :; :;0. CJpel:\liut\ Illll~t he in complh.!lCe v'lilh .~ll in[ulllnlic:-i indlldetl in '~I'I'Ii('~lic'llS [", litis pelrnillo clpen\le ~s ~pl-'n."!ed by the District ~ml the peJicHlH'_'-, ,'" -""c1itiOllG listed ~.bc".'e. OllPJ\T!ON IS i\UlIIORIZW l~:. U. WR THEIlJPIOSEOF, ~1 (O:5HAI<lUGl)\J~NN, HSTnr::;J,iID EVf\LUATlfIG TIlE EVUrFt,-IHIT r-If,i-,-J-:D I\[)UVf.. TllIS ]s rIOI' M.I I\UTIIUFTl.il Tlorl TO E:<U:W 1\[1'y' idlUC,\bf E u.t1ssr,.'-.' STi',f'IIJ!\P.Il. nw; ilUTllOPJZ/ITlUN 13 3U[)jT:Cr TO CMlCElll\TlOf'I If MI'f Ehtl3SlUfl 5Tt-: . .,D OF cOl'w\rrC'F f:, VIOLATED. If TmF.!: AH MIY QUESTION3 MlOUT TIHS ;\U\IlOP.IZ." . :, PLT:i\~:;E CO~TI\\T/ mE UIJDEP.3IGI'IW ilT ~H-:;:J!1. ( _ /;( ,- , '. (., ' I (/ -f .'[0NfU,~ _____ _______~ _.__'-_..! _..1___-"_ FPJNT NAt!E:})hn ~'n~~~lJt., Ail r.)lh.ltivn (.-'nh":'li Ene.in~l)t: /'Or. R.J. SOMMIEVIU.r, i\[ P. ror .l.lHlUN c. . "'mOI.OffICm . c; (;.. - I t1 REGULATION II. PERMITS (Effective 1/1/69) Wormation regarding APCD permits and AB 884 requirements ("Lists and Criteria for Development Projects," Ch. 4.5, Div. 1, Title 7, Government Code) can be obtained from the APCD at 9150 Chesapeake Drive, San Diego, CA 92123, Phone (619) 694-3307. RULE 10. PERMITS REQUIRED (Rev. Effective 9/18190) (a) AUTHORITY TO CONSTRUCT. Any person building, erecting, altering or replacing any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants or the use of which may eliminate or reduce or control the issuance of air contaminant, shall first obtain written authorization for such construction from the Air Pollution Control Officer. A separate Authority to Construct will be required for each piece of equipment, product line, system, process line or process that produces a product or performs a service independently of other equipment, product lines. systems, process lines or processes. An Authority to Construct shall remain in effect until the Permit to Operate the equipment for which the application was filed is granted or denied or the application is cancelled. (Rev. Effective 111m2] ~::-.">. ::~:;:-~ (b) PERMIT TO 0 PERA TE. (Rev. Effect. 09/18/90) Before a person operates or. uses, or causes to be operated or used, any article, machine, equipment or other contrivance described in Rule lO(a) (Authority to Construct) he shall obtain a written Permit to Operate from the Air Pollution Control Officer. No Permit to Operate or use shall be granted either by the Air Pollution Control Officer or the Hearing Board for any article, machine, equipment or contrivance described in Rule 10(a) which is constructed or installed without authorization as required by Rule lO(a) until all information required for the Authority to Construct of Rule 10(a) is presented to the Air Pollution Control Officer and such article, machine, equipment or contrivance is altered, if necessary, and made to conform to the standards set forth in Rule 20 and elsewhere in these Rules and Regulations. A separate Permit to Operate will be required for each piece of equipment, product line, system, process line or process that produces a product or performs a service independently of other equipment. product lines, systems, process lines or processes. . I ." :,. A temporary authorization may be issued for the sole purpose of testing and/or evaluating the article, machine, equipment or contrivance to determine compliance with the conditions of the . . Authority to Construct, District Rules and Regulations and applicable state and federal law . A temporary authorization may be extended to cover the period before a final Permit to Operate can . be issued provided the article, machine, equipment. or contrivance has been determined to be in compliance. For temporary operations as described in Rule 18(e), any temporary authorization shall be issued with a delayed effective date as specified in Rule 18(e). A final Permit to Operate shall not be issued while the Authority to Construct or temporary authorization is being appealed before the Hearing Board in accordance with Rule 25 of District Rules and Regulations. A temporary authorization for testing and/or evaluation as provided herein may be issued despite an appeal of the Authority to Construct filed pursuant to Rule 25(b). in the case of an appeal of an Authority to Construct for equipment proposed to be installed . in conjunction with existing equipment operating under a Permit to Operate, to comply with new. requirements of District Rules and Regulations, enforcement of the new requirements shall be 10/15/90 II-I C;... -,2.() deferred until the appeal is resolved. This paragraph applies only to an Authority to Construct issued before the effective date of the new requirements. (c) POSTING OF PERMIT TO OPERATE. A person who has been granted under Rule 100a) Permit to Operate any article, machine, equipment or other contrivance described in Rule IO(b), shall firmly affix such Permit to Operate, an approved facsimile, or other approved identification bearing the permit number upon the article, machine, equipment or other contrivance in such a manner as to be clearly visible and accessible. In the event that the article, machine, equipment or other contrivance is so constructed or operated that the Permit to Operate cannot be so placed. the Permit to Operate shall be mounted so as to be clearly visible in an accessible place within 25 feet of the article, machine, equipment or other contrivance, or maintained readily available at all times on the operating premises. (d) AL TERA nON OF PERMIT. A person shall not willfully deface, alter, forge, counterfeit or falsify any permit issued under these Rules and Regulations. (e) (Reserved) (f) PERMIT TO SELL OR RENT. Any person who sells or rents to any other person an incinerator which may be used to dispose of combustible refuse by burning within San Diego County and which incinerator is to be used exclusively in connection with any strucrure, designed and used exclusively as a dwelling for not more than four families, shall first obtain a permit from the Air Pollution Control Officer to sell or rent such incinerator. [Rev. Effective 8/1/80] (g) CONTROL EQUIPMENT. Nothing in this rule shall be construed to authorize the control officer to require the use of machinery, devices or equipment of a particular type or .'. design, if the required emission standard may be met by machinery, device, equipment, product or process change otherwise available. (h) ANNUAL RENEWAL OF PERMITS TO OPERATE AND PERMITS TO RENT. Permits to Operate and Permits to Rent shall be renewable annually on a staggered schedule to be determined by the Air Pollution Control Officer. Any person who holds a Permit to Operate as required by Rule 1O(b) or a Permit to Rent as required by Rule 1O(f) herein and who desires to operate or rent any article, machine, equipment or other contrivance pursuant to said permit after the expiration date of the permit shall, prior to the expiration date of the permit, apply to the Air Pollution Control Officer for an annual renewal permit. Expired permits may be reinstated only: (Rev. Effective 4/6/83) (I) Within the fust six months following the expiration date of the permit, and (2) Upon application for renewal to the Air Pollution Control Officer, and (3) Upon payment of the appropriate renewal fee and penalty. (See Rule 40 for applicable fees.) Any person who holds a Permit to Operate as required by Rule 100b) or a Permit to Rent as required by Rule 10(f) herein and who desires to not operate or rent any article, machine, equip- ment or other contrivance pursuant to said permit for at least one year after the expiration date of the permit may, prior to the expiration date of the permit, apply to the Air Pollution Control Offi- cer for a revised permit indicating the equipment is to be maintained in an inactive status. A renewal permit in this case shall contain a condition prohibiting operation of the equipment. Any portable equipment having an inactive status permit shall be stored at a fixed address known to the Air Pollution Control District. All such inactive status permits shall be renewable annually. 1I-2 t;e:-.-2.l .,:""'1 .-'~~~~.:-I: ,,-~-' '."''''- . ~"-l. _ \ f....,~.....~. ~--~:i;/ ,':, J. '.....,.. ~:. '. . ~ The condition prohibiting operation of the equipment shall be removed by the Air Pollution Concrol Officer. notwithstanding Rule 21. upon =ipt of an application and payment of the appropriate renewal fees pursuant to Rule 40. Operation of inactive equipment without prior authorization from the District shall constitute a violation of Rules 10(a). 10(b). and 21. and a new Authority to Construct and Permit to Operate shall be required for continued operation of the equipment. (i) CHANGE OF LOCATION. Any person who possesses a Permit to Operate any article. machine. equipment or other contrivance and desires to change the location of such article. machine. equipment or other contrivance shall first apply to the Air Pollution Control Officer for an Authority to Construct and Permit to Operate. (See Rule 40 for applicable fees.) The provisions of Rule 10(i) shall not apply to any change of work location for any portable article. machine. equipment or other portable contrivance. or any change of location within a contiguouS parcel of land in the possession of. or owned by. or recorded as the property of. the same person. (Rev. Effective 8/1/80] . (j) TRANSFER. (Rev. Effective 3/30(77) (1) Any article. machine. equipment or other contrivance which is the subject of a Permit to Operate and which is transferred from one person to another shall not be operated until application is made to the Air pollution Control Officer for a revised Permit to Operate and such permit is issued. 1f such transfer is accompanied by alteration of the article. machine. equipment or other contrivance. which is not exempt under Rule 11. an applica- tion for Authority to Construct and Permit to Operate shall be required. (See Rule 40 for applicable fees.) (2) Any permit or wrinen authorization issued hereunder shall not be tranSferable. by operation of law or otherwise. from one piece of equipment to another. eifEl RULE 10.1. NSPS AND NESHAPS REQUIREMENTS (Effective 1l/Sn6) A person building. erecting. altering or replacing any type source subject to the provisions of any federal New Source Performance Standard (NSPS) or National Emission Standard for Hazardous Air Pollutants (NESHAPS) which has been delegated to the Air pollution Control District of San Diego County must, in addition to complying with Rule 10. comply with Regulation X or Regulation XI. respectively. II-3 <;",-22. TIlE CITY OF Sl\N nIE(~() BOB FILNER [llf".n, 1,""Yl.'11 November 4, 1991 Lee Mowery 2660 Subol Court San Diego, CA 92154 Dear Lee: As Archie promised, I have asked the City Manager to investigate the asphalt plant in the Otay Mesa River Valley. Please be assured that I share your concern for the quality of your neighborhood. I expect a response in approximately three to four weeks, and I will be back in touch with you shortly thereafter to report the results of the Manager's review. If you have any questions in the meantime, please call Archie at 236-6688. BF/ad . } s~2/~~t 1 j..2 '.( l/'/_--.""v , t" 4 ~ , . - , :.' .' (/ ll/'Boi:(' FIrNER jt .. Deputy Mayor I &5 e;... - ).3 ~:" I ,;"" ., ,," ""' l. 1..,1., 'I'~' ?02 C S 1 flEET . SAN DIEGO, C.\LlFOn~llfI, q;> 101 . f'l II JNE (619) :.'36 l,;l-iHH March 2 1987 '., " '\ 2716 Subol San Diego, Telephone: Court CA 92154 429-1214 Mayor O'Connor and Members of City Council City of San Diego 202 "C" Street, M.S. llA Dear Mayor O'Connor & Members of the Council: The attached petition is I trust largely self-explanatory. In order to obtain the eighty (80) plus signatures appended, I canvassed only "The f!eights" home owners closest to my residence. The almost universal reaction was incredulity that: 1. Someone might care! 2. Such a process mi9ht work! I had only one refusal and its nature led me to bel ieve the party's possible illegal status might well have been the cause! The kind and worthy consideration appreciated by all who signed. telephone me. of you and your counci 1 wi 11 be deeply Should there be any question do please Respectfully yours, /1/rJ~ '~Lut ~ r~agal~ Curtis (Mrs.) President. Rancho de la Playa H.D.A. Member. Otay Mesa H. D.A. '5'~-;~ PET I T ION TO: CHULA VISTA AND SAN DIEGO CITY COUNCILS SUBJECT: RESTORATION OF THE OTAY RIVER DELTA AND FRESH WATER LAGOONS TO THEIR NA TURAl STATE FROM: f{)MEOWNERS, FROM THE "HEIGHTS" AND "PALM RACIFICA" .... DATED: MAY 1987 (SEE SIGNATURES ATTACHED) '\ DESCR I PTION: The Otay River Delta and Lagoons are the last fresh water marshlands remalnlng in the South County for which there is any hope of preservation. They are a refuge for numerous species of water fowl, both migratory and year round as well as an oasis of native vegetation. Present major polluters appear to be: Truspan Structures, Inc. {A.. k.". .. F~tC'^." 389 F fbllister San Di ego and Ne 1 son and Sloan 1865 Broadway Chu 1 a Vi sta Both operations are unforgivable eyesores and the former has wantonly dumped the refuse from their operation all along the north bank of the main lagoon and the; r effl uent into the ri ver. The 1 atter is a 1 so a 24-hour a day intolerable noise polluter not to mention an ongoing traffic hazard on Beyer Bl vd. / Broadway. RESOLUTI ON: We the undersigned therefore petition herewith that the Cities of Chula Vista and San Diego re-zone the Otay River Delta; bordered by Main Street, Chula Vi sta to the north, the escarpments to the south, San Di ego Bay to the west and O:ay Valley Road to the east; as a natural wildlife habitat permitting only cartial limited recreational use, withdrawing forthwith all commercial use ~ennits in the area and rec;ui ring those permittees to return their areas to a natural state before departure or be subject to penalties. t5 A - ~5 . . , . , w '" ::> ~ "" z " ~ '" '" w '" '" '" "" .... I I ~ ~ \J I -I .. -:.. U, F ' ., p - '" 0. w ~ "" W W 0. w '" "" Z 01 z ~~ """ It'<"'" ~,,~ 'l'-c::) C'b\i. c:5,^~2~ NO. NAHE (PLEASE PRINT) AOORE SS . -- J_ n /JL1l~J_~;1.do/l'/ ~_';.,d2I2/ E_~/~V E/?_ 3 D.:\~__\"{\tEQ1\Q \ '0 AZ- De Leol.! S /'-, \ C. ~o..e-' H <!.. 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REGISTERED VOTER August 27, 1990 Chula Vista Planning Commission Building and !lousing Department 276 Fourth Avenue Chula Vista, CA 92010 Dear Sirs: This letter is to call your attention to three conditional use permits issued to Fenton Material Company, nur.lbers PCC 90111, PCC 90211, and PCC 903H. These permits permit truck sales and storage, trailer storage, lumber storage, etc. When Fenton takes out permits to install lights in these facilities, I would like to see these lights non-glare and turned down toward the ground so as not to light up the sky like a baseball field at night. I am already having a problem with a company at the west end of Faivre Street, namely California Multimodal Inc., 2387 Faivre Street, Chula Vista, CA 92011. It is a huge truck and container storage facility. Their lighting in their yard points to the sky it seems, and is like a baseball field lit up at night. These lights violate Chula vista Light Pollution Ordinance 17.20.020 and 17.28.060. I have the code enforcement officer working on this problem at present. Also the heavy truck traffic that is going to be generated by these three facilities plus the two Premix Concrete companies with the hours of 6 a.m. to 11:59 p.m. not only creates a hazard to the people in the area, but is tearing up the streets and intersections with their heavy overloaded vehicles. The spilling of concrete and rocks has gone on for years by these two Premix companies, Fenton and Nelson and Sloan. When you go to report their spills, they quickly ask if you saw them spilling material. You have to see them before they can do anything. It is very evident that it I s like a person carrying a sack of corn with a hole in it leads right back into the concrete plant. Faivre Street is a narrow one lane on each side of the street. It and Jacqua Street which is the same width are the only exits for these trucking concerns, the two new ones just permitted and the Fenton Company which has a company called 'l'ru Span carrying out huge concrete beams every day plus concrete trucks and also semi-trailers loaded with luniller coming and going all the time, plus semi-dump trucks coming way into the night dumping rocks in the Fenton yard. Where these trucks exit Faivre ~ "'- - ..zq Page Two at Beyer Blvd is also only a two-lane street. They certainly don I t need any more congestion in these narrow streets. It surprises me that they approved these three new C.V.P. for Fenton. Below are the names and addresses of neighbors who feel the same way as I do. }(fJtt~. G~t~' 92/SLj \.-.;{...Q.C ?-,~0a<<Z-\~<<'- 5;:1 ,{) ,ih -P,9 () I (1)1 eIl1 i 9 J-/5,c/ if , d ______ J pc ~J.OUI . - ~ -. Sri;V' D/e ']0 ("Ii. 7;2 (j-V 17 'J . ) I ~,( u .';'_$1<'.0.1 CIL~ - ";- /, .' .....:) J / ~t( f{u.c~:" (il i..-"/5f /~!.J{ f'-r /rk),c'5Co..- 30u OC"I30J c.A , CJ.::;?I Ie{ 6 1ka-J)~ f rI', /1 9;2/)-'1 ~1{L Vvt:...::;cJ, L-d. Respectfully yours, Karl Schneider I ; '\ - (i '-~__C,'_ \ .f \...............,.- : ._-~'l-'.; -J'\\> J(i\{(~'l~)l( -'j i ~..', : J l,.__ 'J' 'f/~..t ;~~:(..L' I -~ "1 -! ".'- .-..' - . ,," ,I( . c ".1/ II. ;Sj}N Ole 60 , / I i efl, rd/i)J ' ..-'t .... J'(\"".'l'l,. I" " ..) ! , '-.) . '-; #'- " I \) 'c< J l.-" ~-. 'f"J "\\/ i , j(.4L1//I n-z. \ J -' / . (/ J L' J ;IJ'J [\.,,:.\'/l~ 'i;..!/ '''''1 \ ' ~ ,- ,1,< \)\. '.' (.' . " I\j,">'1 /1/1/1 !Ji I iO /1 ',ill" U i "\ c 't/. /;j'/ c; '^- - .3l> San Diego, CA 92154 October 3, 1990 Hichae1 Stang City Planning Department 1010 2nd Avenue San Diego, CA 92101 Dear Hr. Stang: This letter is to inform you of the conditional use permit #10-645-0 issued to H.G. Fenton Material Company. We the under- signed feel there are many flagrant violations of this permit and in the following we state a number of them. 1. First off, they seldom water or sprinkle down their roadways or working areas. They should be watered every day, if not twice. All you have to do is observe the plant in operation for about half a day and you will understand what I mean, or just ask a neighbor on the lee side of the two housing tracts to the southeast, or rub your finger on their window sills, and you will understand what I mean. The skip loader that moves and dumps rocks make a nuisance noise scraping and backing up from early morning to way late at night. In the heat of the summer, with most of our windows open, this racket keeps you awake at night. This same skip loader goes to the west end of the yard where the trucks dump their excess concrete and levels off the piles and creates a blinding snow storm of dust where you can' t even see what is going on. It has the vegetation in the river bed almost painted white. 2. They have a hodge podge of different little fenced-in companies in the south end of their yard. I counted five differ- ent fenced-in companies at one time, all coming and going and raising dust. They could care less about watering down the roadways. Apparently no one rides herd on this company or sees what they are doing or building. It kind of resembles the Tijuana riverbed, and is getting to be a real eye sore. 3. They have a flood light on the south end of their yard that violates the San Diego Light Pollution ordnance. That has been burning since March 23. Its as if you were staring at an arc light which is probably illegal but who cares unless someone complains. I live to the south of the plant and it totally ruins my view of San Diego skyline at night; it even made the July 4 fireworks celebration more difficult to see. 4. In the west end of their yard they are parking big semi trucks loaded with lumber, also container trucks, big cylinder tank trucks, all which come and go all hours of the day and night, raising their share of dust. There I s no stipulation in the C.V.P. for this parking facility. All these vehicles have to 5".. -3/ Page Two exit on 27th Street to Favire to Beyer Boulevard, the only exit to the facility. \'/here they exit on Beyer Blvd. is only a two-lane road, one lane on each side. There is also the Nelson Sloan Concrete Co. on the other side of this street with all their trucks and conglomeration of companies using the Beyer exit. On September 25 I counted 19 big lumber, tank, and con- tainer trucks parked in the West end of the Fenton yard. There's a park scheduled to be put in the Otay River bed, running from the Bay to Otay Lakes, Otay Regional Park. I don't know the impact these two rock plants will have on the park, but it seems to me it won't be positive, and I think some considera- tion should be given to phase them out. After all, the dairys were made to move after the population and tract houses moved in and closed the open spaces. The thing I can I t understand about these two rock plants, they have no material in their yards. Everything they use has to be hauled in and hauled out. Look at the streets down here with all this heavy truck traffic, not only bottlenecks on this narrow exit street, but causes sunken streets and cracked pavement. The hours in the C.V.P. that this company is permitted to work should be reduced to the compatibility of the residents in the neighborhood. We shouldn I t have to put up with this noise, dust and other things that reduce our quality of life just because they got their C.V.P. 25 or 30 years ago when there were no houses or people living nearby. As times change, so should the rules change to benefit the majority. Respe;;tf 17t~ /' ----4/ 1 f/ r ' i / /fiPt: IJ/ t1U!idiV Karl Schneider Below are the names and addresses of neighbors who feel the same as I do. S"t:-.. - 3)" San Diego, CA 92154-1467 April 10, 1991 Karen Lynch Ashcraft Sr. Planner, Planning Department Development & Environmental Planning City of San Diego 202 C Street San Diego, CA 92101 Dear Mrs. Ashcraft: It has come to my attention, after a period of approximately six months, that you sent out a response to my letter to Mike Stang of October 3, 1990 regarding the Fenton Material, C.U.P #10-645-0. I felt a little taken back as I did not personally receive a letter myself, various reasons being given by the people who informed me of the letter. My greatest concern now, other than the previous complaint, is the Asphalt Batch Plant, which seems to be going full speed ahead. In the research I had done regarding this project, talking to City Department and people in Records and Engineering and Planning, nobody could produce any records or permits that authorized them to start this project (such as a grading permit or building permit). I watched as they graded and dug the whole area, pushing excess dirt into the lower river bed, knocking down three or four trees covering over a natural habitat in a one-half block area, piling up a dirt plateau as high as six feet, even diverting the river overflow flood runoff water. As soon as this plateau settles and dries out they will probably have trucks or something else parked there like the lumber, containers, and tank trucks they have at the west end of their yard. There's from 10 to 20 parked there every day. I am enclosing a memorandum from the City of San Diego saying this project was turned down in 1982 in their C.U.P. #10-645-0. Page four, paragraph 15 states that if the permit is not used within 18 months it shall be void. I would like to know if there is a way I could obtain copies of any of the so-called permits or permissions for this project such as the Grading Building APCD, and Fish and Game, etc. Another thing I am concerned with is the noise generated by this plant 6 a.m. to 12 midnight, six days a week. Does this come under the jurisdiction of the city Noise Control Ordnance? Sincerely, Karl Schneider 5'e... - .3 :3 December 11,1991 c~ ...... , I :001 ~1,JI Rf::r" "'~D ' __",,:;:, i -; L: i Mayor Council Members City Manager Chief of Police Director of Public Works Any Other Interested City Official '91 DEe 12 n8 .," ,; .L.) C!'j' ClTY"i Greetings: At the December 10, 1991 City Council Meeting, 1 gave testimony that both graffiti and gang land activities were on a sharp increase in the Point Robinhood area of Chula Vista. Since most of the members of the City Council appeared surprised about my comments, I suggest that they speak with the following city employees who are directly engaged in these matters: Gangs: Mr. Mitch Hayes Agent, gangs Police Department 691-5074 Graffi t i: (1) Mr. Dave Byers Deputy Director Public Works Center 691-5027 (2) Mr. Ted Larson Senior Public Works Supervisor 691-5027 Restoring both public and private properties that have been vandalize with graffiti appears to be solvable at this time. I am presently collecting information city ordinance that are now in place and should have a comprehensive list within ten days. Though SDG&E and Cox Cable may presently be reluctant to cooperate in our effort to clean up this city...I believe that the proper tools to do this job are presently in place. In regard to the detection, apprehension, arrest, and fining of persons performing graffiti...r know first hand that there is considerable confusion and misunderstanding among the Council Persons, the Police, the staffs of Community Services and the City Manager. The District Attorney is now preparing a composite list of all applicable city ordinance related to graffiti. I intend to read these laws in detail and report my finding to all concerned city employees and citizens. REQUEST: By this letter I am requesting you to place on the agenda for the next City Council Meeting an open hearing for all citizens who wish to be informed by the city officials Page 1 of 2 e<:fJr:;;.2 WRmEN COMMUNICA liONS r,--,,; d ~<-<O VJ..-;. L/", C' '?b.-I Letter from David L. Jordan to the City of Chula Vista December 11, 1991 and who wish to express their opinions concerning the matter of graffiti in Chula Vista. I also request that the following city oTIicials be present and prepared to inform and to answer those citizens who attend: Mayor City Manager Council Persons City Attorney Ci ty of Police A Concerned South Bay Judge Mr. Mitch Hayes (Agent, Gangs, CV Police) Ms. Cathern Lembo (Community Services) Ms. Rosy Bystrak (Citizens Against Graffiti) Mr. Dave Byers (Duty Director, PWC) Mr. Ted Larson (Senior PWC Supervisor) Ms. Mary Jean Siosdado (Crime Prevention, CV Police) Protecting public and private property and human lives is the most important job that every city official and citizen has. Do you agree and will you take immediate action? Sincerely, .;(""J ' " Ntvz~ David I,. Jorda 1550 Point Dume Court Chula Vista, CA 91911 Tel: 619 421-8580 ~ c5b' 2. COUNCIL AGENDA STATEMENT 0"''''' ~'\'" S)0 Meeting Date 12/10/91 Ordina~? "'J. '1;( Amending Sections 2436, Sec. 10.52.480, 10.~~40, 10.56.290 and 10.56.300 relating to parking lots, ~e,ter zones and permit parking areas SUBMITTED BY,:$><D~~ector of Parks and Recreati~ ,(., tt- REVIEWED Iir~ City Manager ~.. 1 (. (4/Sths Vote: Yes_NoJ._'> In anticipation of the opening of Norman Park Center, a parking lot subcommittee was organized with senior citizens representatives, City Councilman Leonard Moore, and a Park and Recreation Commissioner. This subcommittee was formed in August 1991. The following issues were addressed: Item " ITEM TITLE: Creative ideas for use of on-site space Determination of what spaces are available close to the center Facilitation of parking for City staff Parking options for proposed lot at Center Street and Church Avenue RECOMMENDATION: That the City Council: 1. Support the Parking Subcommittee's recommendations with the exception of retaining 3 handicapped spaces versus 6; and 2. Introduce the amendment to Ordi nance 2436 to allow one hour parki ng meters at Norman Center parking lot and the issuance of quarterly parking permits to Senior Center workers. BOARDS/COMMISSIONS RECOMMENDATION: The following commissions and committee unanimously supported staff's recommendations. Commission on Aging: Meeting of September 11, 1991 Parks and Recreation Commission: Meeting of October 24, 1991 Town Centre Project Area Committee: Meeting of November 11, 1991 DISCUSSION: The foll owing information is the parking subcommittee's recommend at ions on off-site and on-site parking. A staff analysis accompanies each subcommittee recommendation as well as an overall staff recommendation at the conclusion of this report. Community Development staff has reviewed and endorsed staff's recommendations. In addition, Planning Department has also reviewed this report. On Site Parki na Prior to building construction, there were 24 parking slots on site, including 2 handicap spaces. Following construction, there will be 17 spaces, including 3 handicap spaces, because of the new building configuration, 7 parking slots were eliminated on the west side of the property. ~-/ Page 2, Item Meeting Date (p 12/10/91 The committee felt that due to the heavy traffic and concerns for frail seniors requiring services, it was important that on-site parlting not be available for staff and volunteer parlting. After considerable discussion and investigation of many alternatives, the committee made the following recommendations with regards to on-site parlting: The handicap slots be increased from 3 to 6 spaces The remainder of the spaces, approximately 12 (depending on how the handicap slots are re-drawn), would be metered for one-hour parlting, thus ensuring quiclt turnover of these limited spaces. Staff Analvsis of On-Site Parltina It is staff's opinion that 6 parlting spaces for the handicapped appear un- necessary. Staff recommends that only 3 spaces be set aside. If additional spaces are needed for hand i capped parlt i ng, they can, by 1 aw, ut il i ze metered parlting at no cost. Staff agrees with the subcommi ttee' s suggestion of designating the one-hour parlting meters. It will be the most effective way to temporary parlting space for those seniors needing services and guaranteeing a quiclt turnover of spaces. Staff met with the Pol ice Department's Parlti ng Ope rat ion Offi cer to di scuss the possi bil i ty of adding meters to Norman Parlt Center lot. He suggested that PDM automatic meters be installed for a one-hour maximum at 30~ per hour. There wi 11 be no cost to the Department for the new meters. The new meters will be purchased with the Downtown Parlting District revenues as an operating cost. Meters would be monitored by City parlting patrols along with other downtown meters. Ordinance No. 2436, Sec. 10.52.480 (Designated Parlting Lots), Sec. 10.56,040 (Meter Zones - Designated Fee Schedule XI), and Sec. 10.56.290 (Permit Parlting Areas Designated - Schedule XII) relating to parlting meter zones will need to be amended to accommodate the inclusion of a new metered area within the parlting district (Attachment A). Off-Site Parltina The subcommittee discussed a number of options for additional parlting in the vicinity of the Center. One of their recommendations included investigating the possibility of Center staff participating in the "permit" program, which is designed for use by downtown businesses and their employees. The fee for the permit is $54 quarterly and allows the holder to parlt in any 10-hour meter. The revenue from the sale of the parlting permit goes into the Downtown Parlting District. The subcommittee also suggested that the meters on "F" Street be eliminated to accommodate a drop-off zone. Another recommendation included the east side of the proposed City parlting lot at Center Street and Church Avenue be designated 10-hour spaces, malting them available to permit holders and center users (approximately 35 of the 70 available spaces). (,-,1 Page 3, Item~ Meeting Date 12/10/91 Staff Analvsis of Off-Site Parkina Staff parking will be an issue when the Center opens. However, the Department is in concurrence with the subcommittee's suggestion to allow for the purchase of parking permits. The Department recommends budgeting $1,080 annually for the purchase of 5 monthly parking permits that will be distributed to part-time staff and volunteers. The parking permits will not be assigned permanently to a particular employee or volunteer. They will remain in a "pool" and distributed on the basis of work schedules. Staff investigated the possibility of waiving this fee through the Town Centre Project Area Committee. The Town Centre Committee felt the City's usage was consistent with the businessmen's usage and, therefore, the City user should pay the fee for the permit. Staff concurs with the Town Centre Committee. Therefore, in order to achieve a staff parking permit privilege, Ordinance No. 2436 will need to be amended which adds senior center workers into the permit program. Another opportunity available for staff parking is the use of the Red Cross lot. An oral agreement has been negotiated with the Red Cross to allow parking for the 3 full-time staff assigned to Norman Park'Center, at no charge. On the subject of el imination 5 to 7 meters on "F" Street to allow for departures and drop offs, the Council approved the removal of the meters last month. With regard to the proposed parking at Center and Church, the Community Development Department anticipates the new lot will have at least 50% of slots (if not more) designated 10-hour spaces and the project will be complete within 12 months. In 1 ight of the decrease in on-site parking next to the Center and off-site parking on "F" Street, senior cl ients and volunteers will be encouraged to use alternative modes of transportation to access this facility. This can include the use of the downtown shuttle, HandY trans, public transit or carpooling. An ori entat i on program is presently underway which educates seniors on transportation alternatives and maps of public parking lots now available for their usage. Staff has identified potential public parking lots within the vicinity of the Center (Attachment B). This includes Lot #8 (Church and Del Mar) with 54 spaces, Lot #9 on Church Avenue wi th 29 spaces, and Lot #6 on the southeast corner of Third and Madrona with 46 spaces. In addition, Lot #4 (33 spaces) and Lot #5 (29 spaces) on the northeast and southwest corners of Church and Davidson are also within walking distance. Metered parking is also available on "F" Street, Center Street and Del Mar. Lastly, the parking structure on Third Avenue is within two blocks of the Center. FISCAL IMPACT: Approximately $1,080 will be needed to pay for parking permits. A request for an appropriation will be included in the 1991-92 amended budget for Norman Park Center. WPC 1725R '"'3 TIllS PAGE BLANK '-If I . ..-.. I i--- ! I , . I ._- .- -. ~ ~. r I , ~.~- .... . I V> ! -.-... : " '" ...J <- 0: u ........) i ..... . . ! ' . ..-.- .,.1 . . : ] ~r--l . TWI~ DEL -: CHURCH i I . : i !: vARRETT ... ILl ~I GLOVER nl. OAKS AVE I z' I I"'~" . 0 f-I f '-'- .:..- ~ , 0 MAR AVE I I , AVE I GJ[;] ; I II : ,i! i : I ~ THIRD AVENUE II: '. , I II I Behind 13 Annex AVE -- -. , . . I . AVL ! i , , L I I , I , I , I AVE: ; , ;.1 I , , . , I I ,-----. I ..., ..1;-.; I .. \""~1 I ~ FUTURE ~ LOT I [E:=J~I I IJ... .... .... 0< l- V) ... NOl"IIIan Park Center ! ~ Parking Structure l.L .......... i J "/ .. I- .... w a: l- V) ~t- .... V> . . ... V> . - , '.. z c ;!; ~ ::; . ~ C,- ~-.~ Iy rI I I . t;j .1_. ~! AvE ,~ .... .1'6 ... I .___J ..~ .+ .+ I I " -- <.!l -l . ... I~ .. 't ~ n i ..., :z ~ = I TOIII CEIfT1lE I -***** Parking Meters Renoved ill..... PARlIIIG DISTIner LIRE Lot '8 = 54 spaces Lot '9 - 29 spaces Lot '6 = 46 spaces Lot '4 = 33 spaces Lot '5 = 29 spaces TInS PAGE BLANK 6-' , Minutes of the Regular Meeting of the COMMISSION ON AGING WedlllISday 3:00 p.rn. 6epl8hlbe. 11, 1991 PIns Inf R8creaIion Co......"'" Room ******************* CAIL t.uiliUNG TO ORDER/ROu.. CAIL PlEDGE OF j.T J FGIAN~ILENT PRAYER MEMBERS PRESENT: CuUr Gilstrap, ('nmmiuioners I:)o.nni!ttlu, Grindle, Hagedorn, Scrivener, Stokes MEMBER EXCUSED: Commiuioner Biggers 1. APPROVAL OF 1HE MINUTES The minutes of the meeting of June 12, 1991 were approved with the addition of the words, "in City Council's Mobile Home Parks Ordinance" added to Commissioner Scrivener's commenU, per her request to clarify her meaning. MSC STOKES/SCRIVENER 6-0 2. UNFINISHED BUSINESS a. Human Services Council Reoort Commissioner Dennison reported that the next Human Services Council Forum will be held on October 2S in the City Council Chambers. The forum has a marketing/public relations theme, specifically, "How to Promote Your Organizations". There will be two speakers for this forum. One of them will be from a major network. In addition, Commissioner Dennison distributed the current edition of the Human Services Council Newsletter. b. Noman Park Center Renovation Reoort r Recreation Supervisor Joyce Beardsley reported on the progress that is being made on the Norman Park Center Renovation Project. There is a target date for re-opening in early March and the project is on schedule to date. ~- 'I , CX>MMlSSION ON AGING MINUTES 2 ~hYl:tMBER 11, 1991 c. Social Services Subcommittee ReDort Chair Linda Gilstrap reported on the progress that this subcommittee has made over the Summer, Recommendations for anchor agepcies and part time providers to be housed in the second story of the Center are ant their way to the Parks and Recreation Commission and to Council, d. ParkiDl! Committee ReDort Recreation Supervisor Beardsley reported on the Summer activities of the Norman Park Center Parking Committee. The recommendation is that no working volunteer parking be allowed on site, They also recommended that the three handicapped spaces be increased to six and that the remaining spaces on that lot be made into one hour parking meters to encourage faster turnover. All other avenues to produce extra parking, such as the use of the parking lots of nearby churches, have been explored by the Committee, with no success. e. Furniture Committee ReDort Recreation Supervisor Beardsley reported that Marcie Hyder of Hyder and Associates is working with the furniture task force to create specifications for furnishings for the renovated Norman Park Center. This service is being performed at no cost to the City. A letter of solicitation in being sent out to service clubs and local businesses in an effort to generate additional revenue for furnishings, particularly for the second story of the Center. Councilman Moore has volunteered to assist with this effort. Approximately, $50,000 will be needed to furnish the second story social services part of the Center. Commissioner Stokes furnished the Task Force with a contact list of companies who match KPBS funds. An additional list will be obtain from the Chamber of Commerce. Sample furnishings and materials will be on display at Norman Park Center from September 17 through September 24. 3. NEW BUSINESS a. Mobile Home Issues . Commissioner Scrivener introduced Vic Nolan and shared with the Commission a petition that was presented to Council on September 3, 1991. It is her feeling that the number of seniors residing in mobile home parks in Chula Vista warrants the Commission's support of this petition. I,.t COMMISSION ON AGING MINUTES 3 ~hYlbldBER 11, 1991 Mr. Nolan stated that the Mobile Home Issues Committee was currently inactive and therefore, could not deal with the issues addressed in the petition. He further stated that the City bas founded a new Committee for Mobile Homes, that will be made up of citizens who neither reside in nor own mobile bome parks. Thus far, however, there bas been a lack of applicants for this new committee. Mr. Nolan stated that he bad tried to work through the former Mobile Home Issues Committee on this when he was on that committee, but because the committee was split between mobile home residents and mobile home park owners the result was generally a deadlock. Mr. Nolan continued his presentation with various reasons why the Commission should support the concept of allowing rent increases up to 60% of the Southern California CPI only. The Commissioners asked that the item be agendized for nen month in order to give them time to determine the most effective and appropriate way in which the Commission can support this issue. b. Brochure Review Committee ADDointment The following commissioners were appointed to the Brochure Review Committee: Commissioner Hagedorn and Commissioner Stokes. 4. COMMUNICATIONS a. Oral Communications NONE b. Written Communications Carole Stohr reminded the Commissioners of the Boards and Commissions Workshop on September 16, 1991. In response to a memorandum on the availability of business cards for Commissioners, the Commissioners expressed that they are not interested in having business cards at this time. They felt that the Commission Brochure fulfilled the same purpose as a business card in identifying commissioners and did a better job than a business card. ,.., OOMMlSSION ON AGING MINUTES 4 $J::J"u~J~mER 11, 1991 c. Commissioners' Comments Chair Gilstrap announced that we have a copy of "The Sixth Sense" available for m~koot. . Chair Gilstrap stated that she had done a tremendous amount of research on boards and commissions while assisting the Qty Cerk in preparing for the upcoming workshop. She has enough material to present a full day workshop, however, she would be willing to share some of this information with the Commission each month during the upcoming year if they so desire. s. STAFF REPORT R~reation Supervisor Beardsley presented the Commission with the latest trip sheet for seniors. In addition, she gave a brief description of new classes that have been added to the program. Adjournment to the next regularly scheduled meeting of October 9, 1991. Resp~tfully submitted, ; ~, , . /. . , , ","'! '-./. ' /' / , CAROLE CRAMER STOHR ; , .' ,'......: ;~<J..--:.-- '-If} Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. Oclober24,1991 Public Services Building Conference Room 2/3 .................** MEMBERS PRESENT: MEMBERS EXCUSED: Commissioners, Carpenter, Lind, Roland, Sandoval-Fernandez Willett Commissioners Hall, Helton 1. APPROVAL OF MINUTES The minutes of the meeting of September 19, 1991 were approved with the following modification. oadd tbe word "cbildcare", Page 4, Paragraph 4 oadd Commissioner Sandoval-Fernandez to the list of Commissioners wbo were unable to attend the October 17 meeting. MSC~~OLANDS~ 2. PUBUC HEARINGS OR REMARKS NONE 3. DIRECI'OR'S REPORT Director Valenzuela highlighted the Department's CIP projects with particular attention to tbe Norman Park Center and the Terra Nova Park projects. In addition, he informed the Commission about the acquisition of tbe Cbula Vista Women's Dub by the Parks and Recreation Department. 4. REPORTS (FOR INFORMATION ONLY) a. Youth Center Al!reement Director Valenzuela gave the Commissioners an update on the progress to date on the Youth Center Agreement. S. ACllON ITEMS Unfinished Business a. Letter to William Er.lrhart " -// .' PARI<S AND RECREAllON COMMISSION MINUTES OCTOBER 24, 1991 PAGE 2 Director Valenzuela called the Commissioners' attention to the copy of the letter to Mr. Eckhan contained in their information packets. This letter was drafted at the Commission's request. Motion to have the letter signed by Vice Chair Lind and sent out. MSC WlLLE'ITISANDOV AI,FERNANDEZ 5-0 b. Humanitarian of the Year Award The Commission decided not to present a nominee this year, however, 5eYeral commissioners Clpressed an interest in nominating on a personal basis. c. Hilltop Park Issues Director Valenzuela gave a brief presentation enumerating the various issues involved With Hilltop Park. In addition, he presented the statistics the Department has researched on calis to the Police Department. He then presented staff's recommendations in addressing each of the issues. Vice Chair Lind called for public comment. Thee people, all residents of Chula Vista spoke regarding this item. Following is a brief summary of their comments. BEN AGINIGA - Mr. Aginiga Clpressed his appreciation that the Department has taken to correct many of the problems thus far, and the consideration that is being given to the other issues. It is his feeling, (and he believes that it is the feeling of most of the neighboring residents) that alcohol should be banned entirely in Chula Vista parks. He Clpressed his suppon for the addition of more ranger staff during the nc:xt fiscal year's budget process. He Clpressed a concern about aIlowing butane barbecues in the park because of a potential fire hazard. In addition, he Clpressed a concern about aIlowing non-butane barbecues in the park because people do not properly dispose of their hot coals. CAROL MANDRA - Ms. Mandra Clpressed her opinion that the three main problems at the park are: alcohol after dusk, noise and lack of police patroL Commissioner Carpenter asked Ms. Mandra to be specific on what she meant by noise. Ms. Mandra replied that the DOise she was referring to was mainly loud music emanating from 'Vehicles' built-in "boomboxes: /1-/). PARKS AND RECREA110N COMMISSION MlNlITES OCTOBER 24, 1991 PAGE 3 EUGENE OITO - It is Mr. Otto's opinion that conditions at the park have eroded over the past five years to their p=t state. He eireulated newspaper articles to the commission regarding gang violence in San Diego parks along with photographs of graffiti on gazebos in Hilltop Park. He stated that the top of the gazebos have not been painted in 18 years. Mr. Otto commended Director Valenzuela and Deputy Director Foncerrada on the maintenance work that has taken place thus far. Mr. Otto revisited each item on the list of .issues. and shared specific incidents with the Commission. Mr. Otto disagrees with the City Attorney's interpretation of the ownership of the fence. Mr. Otto questions the. Police Department statistics that were presented. He believes that his neighbors have made many more calls to the Police than were indicated. He questioned staff as to the specific procedures used in compiling the statistics. Mr. Otto questioned staff as to specific statements that were made by the Police Department representative during the September 25 meeting relative to issues involving alcohol and drugs at Marina View Park. Commissioner Willett stated that the purpose of public input at the Commission meeting was to express opinions and bring information that the commission has not previously received. He further stated that it was not the business of any member of the public addressing the commission to attempt to .put the Department on report.. It was his feeling that this was what Mr. Otto was trying to accomplish with his line of questioning. Mr. Otto thanked the Commission for their time and urged them to support staff's recommendation. Commissioner Roland favors a 60 day moratorium; not let anyone in the park in non-daylight hours for a period of 60 days to see how it works ouL Commissioner Carpenter appreciates the concerns that the citizens have brought forward about Hilltop Park. She, however, has strong concerns about the banning of alcohol at City parks after dusk because of the restriction of use by citizens; and about the moving of the restrooms because of the cost factor. Commissioner Willett concurs with the staff recommendation. He emphasized that the Department must maintain a balance, when aJlocating maintenance dollars, between aJI of the parks in the City. He cautioned against spending a disproportionate amount of maintenance dollars on this or any other City park to the detriment of the other parks. 6./3 PARKS AND RECREATION COMMISSION MINUTES OCTOBER 24, 1991 PAGE 4 Vice Chair Lind concurs with staff's recommendations. He particularly recommends the locking of the restrooms at night. Commissioner Willett recommended that the staff investigate the fe8S1bility of using "time locks" for the restrooms as he is aware that the Department is not staffed at a level to accomplish locking and unlocking of the restrooms each day. Commissioner Sandoval-Fernandez commended the Hilltop Park residents on their willingness to get involved at a time where many members of the public seem to be apathetic. She supports staff's recommendations for the park particularly with respect to the moving of the restrooms. She urged the residents maintain their high visibility on through to the Council level. Motion to support the Department's plan to implement the action plan, the proposed park hours ordinance and the proposed alcoholic use ordinance. MSC SANDOVAL-FERNANDEZlWILLE'IT 5-0 New Business Norman Park Center Parking Deputy Director Shy presented the Commission with a map of the Norman Park Senior Center area with the available parking areas designated. She highlighted the possible solutions that have been investigated thus far for parking for employees, volunteers and patrons of the Norman Park Center. She then outlined the recommendations in the staff report to the Commission, including the reasoning behind each of the recommendations. Motion to approve staff's recommendations as outlined in the staff report. MSC SANDOV AL-FERNANDEZJROLAND 5-0 6. OOMMUNICATIONS a. Written Corresoondence NONE b. Commissioners' Comments Wll.LE1T. stated that the Tall Ship Society would like to offer a $700 scholarship for young people age 16 to 20. The person would be nominated by the Parks and Recreation Department and be approved by the school counselor. 6 -/'1 PARKS AND RECREAllON COMM1SSION MINUTES OCTOBER 24, 1991 PAGE 5 In addition, he commended staff for their handling of the Hilltop Park situation. SANDOVAL-FERNANDEZ - suggests installing gazebos in Discovery Park and adding that park to the reservation system. LIND - reported a possible ~ased Euca1yptus tree at Halecrest Park and asked that they be checked. Adjournment to the regularly scheduled meeting of November 21, 1991. Respectfully submitted, _~ &itu Carole Cramer Stohr /'''/5 TInS PAGE BLANK '-I' Excerpt from Town Centre Project Area Committee meeting minutes of 11/21/91. DRAFT J 1C Minutes -2 November 21. 1991 MSUC (Mason/Blakely) to support staff recommendation to request the screening of the antenna as proposed using the parapet wall around the antenna. 3. PARKING BUSINESS Norman Park Center Center Parkinq Lot Issues Community Development Specialist Tapia had received a report from the staff fr'oln the Parks and Recreation Department making some recommendations for the Norman Park Center. He also indicated that Sunny Shy from Parks and Recreation was here to give a report. Ms. Shy talked about the Norman Park Center project indicating that the construction of the building is expected to be over by January and that occupation would take place within the following months. The project faces a very difficult problem with parking because it only has approximately 17 parking spaces which is very short of the requirements. She indicated that a few months ago a committee was formed to look into the issue of parking and come up with adequate solutions to it. She explained that the committee had come up with some solutions which are stated in the recommendation to the Committee which are: 1. That the lot adj acent to the building retain 3 handicapped parking spaces and all other spaces be metered for 1 hour parking. 2. That part-time staff and volunteers be issued parking permits in ~.," other available lots in lieu of using on-site parking spaces, utilizing City funds budgeted for this purposes (annual cost: $1,080 for 5 permits). 3. That the east side of the proposed lot at Center Street and Church Avenue be designated 10-hour spaces, making them available to permit holders. The committee discussed the pros and cons of the recommendations. Some of the members expressed objection to providing permits to the employees and questioned whether they were City employees or employees or an downtown . business. Some others questioned the appropriateness of approving a construction project which was significantly deficient in parking. It was stated in response to this that staff had been looking into the probable solutions to the parking problem even before the building was approved, however, no solution was found and the search fe a solution continues now even before the building is constructed and in full operation. It was also stated that while the project does pose a serious parking problem, the benefits of bringing additional people to the downtown area should be seen as beneficial. At the same time, the construction of the parking lot at Church and Center should be seen as a way to address the Norman Park Center parking problem as well as a parking lot for merchants of the Downtown area. After the discussion, it was decided that staff recommendations were appropriate as a way to '-/$ DR A.FT :r~"'AC Minutes -3 November 21. 1991 address the parking problem and the committee decided to vote favorably on the recommendations. MSUC (Blakely/Ohlau) to recommend the City Council to accept staff's recommendations as stated in the report. 4. MEMBERS' COMMENTS r~ernber Altbaum acknowledged the resignation of Member Huffman and indicated that he would like to be considered for full membership in the Town Centre Proj ect Area Committee. Chairman Hyde indicated that the Redevelopment Agency is in charge of considering the candidates and that Mr. Altbaum should fill out an application in order to be considered for membership. Member Blakely spoke about the Town Manager and the process of selecting the candidates for that position. There was some discussion about the salary of the Town Manager and what was practical and acceptable given the budgeted funds. 5. CHAIRMAN'S REPORT Chairman Hyde indicated that a few months ago staff had presented a program for the Town Centre re-evaluation. He indicated, however. that staff had not come back to the Committee on the status of this project and he wondered what was happening with the project. Principal Community Development Specialist Buchan indicated that during the past few months. there have been several factors which had affected the progress of this 6-" THIS PAGE BlANK. 6-JO ORDINANCE NO. J f r i'C'o/~'D /;)1' 1 -. Dr'fl, . Vr'""\ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ., ,1/:,;,-, SECTIONS 10.52.480, 10.56.040, 10.56.290 AND .. A) 10.56.300 OF THE CHULA VISTA MUNICIPAL CODE 1(OP7;. RELATING TO PARKING LOTS, METER ZONES AND PERMIT 01\1 PARKING AREAS The City council of the City of Chula Vista does ordain as follows: SECTION I: That Section 10.52.480 of the Chu1a Vista Municipal Code is hereby amended to read as follows: Sec. 10.52.480 Municipal Parking Lots-Designated-Manner of Parking Required-Schedule xv. Pursuant to Vehicle Code section 22519, the following areas are designated as off-street parking lots owned or operated by the City. It is unlawful for any vehicle to park in a municipal parking lot, except in accordance with the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space, with the front wheel nearest the curb and within six inches of said curb or other stop, and in accordance with the time limits indicated on signs erected in the area. Desianated parkina Lot No.1 No. 2 No. 3 No. 4 No. 5 No. 6 N.o. 7 No. 8 No. 9 No. 10 Location Northwest corner of Church & Madrona 200 block of Landis Northeast corner of Landis & Davidson Northwest corner of Church & Davidson Southwest corner of Church & Davidson Near Southeast corner of Third & Madrona Near Southeast corner of Landis & E Street 281-287 Church Avenue (Church & Del Mar) 230-232 Church Avenue Norman Park Senior Center Between F Street and Center Street 1 6-1./ Downtown Parking structure Souths ide of Third Avenue & F street Employee Parking Lot Northside of F street west of intersection with Fourth Avenue SECTION II: That Section 10.56.040 of the Chula Vista Municipal Code, being Schedule XI, is hereby amended by adding the following on-street parking meter zone and the following Public Parking Lot to the Schedule as follows: Sec. 10.56.040 Meter zones-Designated-Fees-Schedule XI. Name of Street BeoinninSl At F."ding At Side Duration Center Street Third Avenue Del Mar Avenue South 1JI2!!r Public Parking Lot Duration No. 10: Norman Senior Center Parle between OF. St. and Center Street 1 hour SECTION III: That Section 10.56.290 of the Chula Vista Municipal Code, being Schedule XII, is hereby amended to read: Sec. 10.56.290 Permit parking-Areas designated-Schedule XII. Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with Sections 10.56.270 and 10.56.280, public parking lots 1~ lQ (parking meter zones) and the employee parking lot on the north side of "F" Street west of intersection with Fourth Avenue are also designated as permit parking areas wherein vehicles displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to nine hours (all day). SECTION IV: That section 10.56.300 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 10.56.300 Permits or Tags-Cost-Period of validity -Prorating permitted when. Said parking permits shall be sold to cover a calendar quarter of three months duration only, for the sum as specified in the Master Fee Schedule. Said tags may be obtained at the city finance office. Applicants must be merchants or employees of merchants owning or operating businesses within the Downtown 2 {,-,J.J. Business Area or citv officers on behalf of citv emolovees assianed to Norman Park Center. Applicants may request a proration of the quarterly fee if they are purchasing permit for the balance of the calendar quarter, and such proration shall be made at the sole discretion of the finance officer and no other proration shall be allowed. For employees assigned at City Hall, permits may be obtained from the Director of Personnel for parking in the adjacent employee parking lot. SECTION V: 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 Jess Valenzuela, Director of Parks and Recreation C:\OR\Amend 2436 3 ".. ).3 i i I f I I I , i i I i I \ ~ PAGE BlANK I i i \ \ \ I \ \ \ , \ \ \ \ \ \ \ \ ,\..~ 'I- COUNCIL AGENDA STATEMENT ITEM TITLE: Item 7gC 7 Meeting Date 12,'18:1I~ I ~c Hearing: Regarding Increase in (').\ '11, ~iness License Tax Rates for 'xI'J.llboards 5) 2t,"-' .:~.> 1) <"'",, Ordinance Increasing Annual Business License Tax Rates for Billboards to $150 per Billboard, to be effective January 1, 1992. Director of Financ~ Revenue Manager ~ ,':,;.-- ,...~",. ',- .("J SUBMITTl!lJ::l,'BY: , C;:./" REVIEWED BY: City ManagerGj;f<'" (4j5ths Vote Yes_ NOJ) This ordinance revises ordinance 2408 as it relates to Section 5.08.090 of the Business License Tax Table (Municipal Code Section 5.07.030) to increase the tax on billboards for Calendar Years 1992 and 1993 from $75 per applicant plus $15 per billboard over two to $150 per billboard. Specific wording changes to the Master Tax . Schedule can be seen on Attachment 1. The current business license tax rate on billboards was instituted in January 1991 after being adopted on October 25, 1990 as part of the three year phase in of the business license tax increase. Per Council direction, given at the November 19, 1991 public hearing to discuss the scheduled Business License Tax increase, staff reviewed the City's current tax rates on billboards and compared these to the rates charged other types of businesses in Chula vista and the rates charged for billboards in other local cities. Based on these comparisons and issues of equity among various-sized companies owning billboards in Chula vista, staff is recommending an increase in the business license tax on billboards to $150 per billboard annually. Each company owning billboards in Chula vista has been notified by letter of tonight's public hearing and have been sent a copy of this agenda statement. As of this writing no response has been received from these companies. If the ordinance is passed, $2640 of additional general fund revenues are estimated in FY 91-92. f~1 I~ ' , Page 2, Meeting Item I K' Date 12/10/91 RECOMMENDATION: 1) Conduct the Public Hearing 2) Adopt the Ordinance Increasing the Business License Tax on Billboards in Calendar Years 1992 and 1993 to $150 per billboard annually. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The current business license tax rate on billboards was adopted on October 25, 1990 and became effective January 1, 1991, concurrently with the revision of the majority of the City's business license tax rates. The 1991 rate on billboards charged each private company owning billboards in Chula vista a tax of $75 annually, plus an additional tax of $15 annually for each billboard over two within the city. Prior to 1991, the business license tax on billboards was $60 annually plus an additional tax of $6 annually per each billboard over two within the City. If the recommended ordinance is adopted, the business license tax on billboards would become $150 annually per billboard within the city, regardless of how many are owned by a single company. Staff researched the business license tax rates on billboards charged by other San Diego County cities. The comparison between other cities' tax rates and Chula vista's current and proposed tax rates are shown in Table 1. A review of this table shows Chula Vista's current tax rate to be relatively low in comparison with other local cities. Chula vista's annual business license tax for billboards is especially low for companies with larger numbers of billboards within the City. Although the recommended increase will make Chula Vista's rates somewhat higher than those in other San Diego County cities, staff believe the increase is warranted based on the amount of revenues generated by billboard rentals and the amount of business license tax charged for other general businesses located in Chula Vista. When the first year of the three year phase-in of the business license tax increase was implemented in January 1991, the amount of tax for a general business with five employees increased 112% over 1990 levels (from $40 to $85). If the scheduled 1992 business license tax increase had not been abated by Council due to economic conditions, the rates would have increased an additional 50%, the equivalent of a $127.75 tax rate for a business with five employees. This -I-B?:. 1~2... Page 3, Meeting Item 18" Date 12/10/91 would have represented a 219% increase in business license taxes for general business between 1990 and 1992. The table below shows the actual amount billboard companies with one and eight billboards paid in tax in 1990 and 1991 and shows the amount that will be paid in 1992 if this increase is adopted. ~ Amount of Business License Tax Paid Co. wll billbd Co. w/8 billbds 1990 1991 1992 (proposed) $60 $75 $150 $96 $165 $1200 As the above table shows, between 1990 and 1991 the tax rate for a company owning one billboard in the City increased 25%, and the rate for a company with eight billboards in the city increased only 72%, as compared to a 112% increase on general businesses in Chula vista. staff believes it is appropriate to increase the tax on billboards at this time, since billboards do not seem to be affected by the current economic slump. Billboards are substantial revenue generators for the owners and many of those located in Chula vista are on long term leases. The city of Chula vista currently has 21 billboards privately owned by four companies. One company has eight billboards, one has seven, one has two, one has one billboard, and three billboards are jointly owned by the two larger companies. Due to the distribution of billboards among companies, staff adjusted the tax structure when proposing an increase. Rather than having a flat fee per company and an additional charge per billboard over two, staff is proposing an annual rate based solely on the number of billboards. Increasing the tax rate under the current structure would have placed a disproportionate burden on companies owning fewer billboards in the City. As Table 1 shows, under the proposed tax rates a company with only one billboard in the City will pay double the tax in 1992 as was paid in 1991, an increase of similar proportion to the increase imposed on general businesses within the City. On the other hand, the tax will increase substantially for companies owning a larger number of billboards in the city. since the revenues received by a company are more related to the number of billboards owned rather than whether or not a company is located in a particular jurisdiction, the proposed structure is a more equitable way to increase taxes. Under this structure, a company's tax will increase or decrease proportionally as billboards are added or removed. ~ ""1-3 Page 4, Meeting Item ~ Date 12/10/91 FISCAL IMPACT: Under the current business license tax structure the City receives $510 annually from business license taxes collected for billboards. Under the proposed tax structure the City would receive $3150 annually, an increase of $2640 in FY 1991-92 and future fiscal years. Listina of Tables and Attachments Table 1 - Comparison of Business License Tax Rates for Billboards Attachment 1 - Master Tax Schedule - Proposed Amendment to Ordinance 2408 ~JYY ,-~ Toble 1 Cooperi.on of Business License Taxes for Billboards Deeeri>er 1991 City Business License Tax 5_le Tox Levy One Billboard Eight Billboards Cor l sbed Coronado Escondido OCeanside National City San Diego CHULA VISTA (Current) Vista La Mesa Iq:>erial Beach CHULA VISTA (Proposed> Billboards prohibited Billboards prohibited S50/business S25/yr/bus;ness + "O/ea. sign over 5 signs S50/yr/bus. + S15/ea. sign over 3 signs S20/yr/s;Bn S75/yr/bus. + S15/ea. sign over 2 signs "'O/yr/bus. + S40/ea. sign over 5 signs S35/yr/bus. + S70/si8n S100/yr/sign S150/yr/sign Average tax (excluding Chute Vista): -n'5 l~~ nIB nto nto nt. S50 S50 S25 S55 S50 S125 S20 S160 S75 S165 S110 S230 S105 S595 S100 SlOO S150 S1,200 S66 S288 TInS PAGE BLANK n+ f"(, ..J \ ....J lJrn9tHH~ :J. Sec. 5.07.030 ,,"ster TOll Schedule TOll Rate: Tax Rate: TOll Rate: Sectlc.. llescrfptl... 1/1/91 - IZ/JI/91 1/1/9Z - IZ/31/9Z 1/1/93 - lZ/31/93 5.04.075 P~tton.l event not .ure than 3 successive days $5 per event $5 per event $5 per event sponsored by non-profit or charitable organization - Te.oorarv I-event lfcense 5.04.140 New bustnesses with fixed locations fn city, except If 5 or fewer elllployees: If 5 or fewer ~loyees: If 5 or fewer nployees: .s otherwise provided herein and specifically 525 flat rate. any other $35 flat rate + any other $SO flat rite + any enu.ereted. applicable taxes for the applicable taxes for the other applicable taxes first ltcense year of first ltcense year of for the first lfcense oepratton or part operatton or part year of operBtfon or thereof. thereof. part thereof. If .ore than 5 e~loyees: If .,re than 5 ellployees: Tax rete specified fn Tax rate specified in Sec. 5.04.160. Sec. 5.04.160. 5.04.ISD Mew businesses with no fixed location in City, '52.50 blse rite + $6.50 $79.00 base rate + $9.75 '105.00 base rate + includes: wholesalers, retatl route deltveries, each additfonal person. each addftional person. $13.00 each addItIonal retatl routepersons, and all other businesses, person. includtng services, except as otherwise provtded herefn and speciftcallv en~rated. 5.04.160 Renewal rates for businesses wfth fixed or no~fixed S52.50 base rate + S6.50 $79.00 base rate + $9.75 $IDS.OO base rate + location (5.04.140 . 5.04.150) unless otherwise each additional person + each additional person + $13.00 each addItional provided herein and specffically enUMerated. other applfcable taxes. other applicable taxes. person + other appicable taxes. 5.1lII.070 Loudspeaker or other Public Access Syste. Uo/per/=~ or portIon $IO/per day or portIon UO/per /=~ or port I on thereof/ r vehtcle. thereof/oer yehfcle. thereof/ r vehicle. 5.1lII.1lIlO Handbill or SaMPle Distributton $5/per day or U5/per $7/per day or $35/per $lO/per day or $SD/per quarter quarter quarter. 5.1lII.090 BIllboards and Bill Postin9 $75/per year/per $~per year/per ~c;er year/pe~ APplicant + $15/per ~..11 1 tn'r ~rr I '11. .._. billboord exceedlno 2. bf11boorad . blllboord 5.10.Z30 ~lance Attendant and Drivers S5/per year or fraction SUper year or fraction $lO/per year or fraction thereof/per attendant thereof/per thereof/per drf ver. attendant/drfver. attendant/driver. 5.IZ.OIO ~se.ent Arcade $lSD/per year/arcade + $175/per year/arcade + $200/per year/arcade + SJO/per ..chine, pool 'JO/per McMne, pool '30 per ..chine, pool table (5.60.010, table (5.60-010. table (5.60.010, 5.61.010) 5.61.010) 5.61.010) ~ Sec. 5.07.030 Moster TOll _Ie (COIItfnuedJ Tn: Rllte: TOll Rate: To Rate: Sectf... DescrfpU... 1/1/91 - 12/31/91 1/1/92 - 12/3119Z 1/1/93 - 12/31/9] 5.Il.OIO Rental Bustness . Apart.ents, Motels, Hotels Under 3 units . SO und.r 3 units. 10 Und.r 3 units . 10 3 or .ure units. $12 3 or lOre units . 512 3 or .ore units . 512 base + $1.20 per unit base + $1.20 per unit bas. + 11.20 per unit over 3 over 3 over 3 5.14.030 Art Flgu.. Studio 1250/studlo/year 1250/studlo/y.ar 1250/studfo/y.ar 5.15.010 AutOllObtle For Hire lIOO/y.ar/v.hlcl. lIOO/year/vehlcle lIOO/year/v.hfcle 5.18.020 Pool .nd BIlll.rd H.lls IlSO/year/applicant + 1115/ye.r/.ppllc.nt + 1200/y..r/.ppllc.nt + 130/table, ~ch1ne S30/table, ..chine lJO/t.ble, ..chine (5.60.010, 5.61.010) (5.60.010, 5.61.010) (5.60.010, 5.61.010) 5.20.050 Cord TobIe 13O/oonth/t.bl.: pay.ble 13O/00nth/t.ble; pay.ble 13O/oonth/t.ble; pay.ble quarterly quarterly qu.rterly 5.22.010 Special Event, Includes: Cfrcus, Show, Concert. 1250/d.y/event 1250/d.y/event 1250/d.y/....t Carnhal, etc. 5.26.080 Public Dences SZOO/yeari payable In 1200/ye.r; paYlble In 1200/ye.r; pay.bl. In .dvance + other advance + other advance + other applicable taxes aDolfcable taxes aDollcable taxes 5.26.090 Youth Dances - Adult Sponsoring Group Pe~fts 115-1 yr perolt ICIISS Al 115-1 yr perolt ICI.ss Al 115-1 yr perolt IC1.ss Al 15-1 d.y perolt Cllss 8 15-1 dlY perolt Cllss 8 15-1 dlY perolt Cllss B 5.32.030 Garlge Sole No tax If lfcense No tax If lfcense No tax If license obtained prior to salei obtained prior to s.lei obtatned prtor to lale; $3 if obtatned after sale 13 If obt.lned .ft.r sll. 13 If obtllned .fter sll. 5.34.020 Manufacturer: New Business If 5 or fewer ~loyees: If 5 or fewer ..,loyees: If 5 or fewer ~loyees: $25 flat rate + Iny $35 flit rate + any $50 flat rate + any Ipplicable special taxes applicable special taxes applicable special taxes for the first license for the first license for the first license year of operation or part year of operation or part year of operation or part thereof. thereof. thereof. If IlOre than 5 nployees: If IlOre than 5 etIIployees: If 00.. thIn 5 ..,Ioye.s: Tax rate specified In Tax rate specified in Tax rate specified In S.c. 5.34.020 - Sec. 5.34.020 - Sec. 5.34.020 - ..nufacturer: renewal ..nufacturer: renewal ..nufacturer: renewal rates rates rates Manufacturer: Renewal Rates $52.50 base rate + S3.25 $19.00 base rate + $4.90 1105.00 bue rIte + 16.50 per addttional person per additional person per addttlonal person 11 Sec. 5.07.030 IlIster Tn Schedule (contln....) To. Rlite: Tn Rate: Tu Rate: SectIGII Descrlptl... 1/1/91 - 12/31/91 1/1/92 - 12/31/92 1/1/93 - 12/31/93 5.35.105 81thhouses S250/yeor/bathhouse S2SO/yeor/bothhouse S2SO/.eor/bathhouse 5.36.081 MlSSIM 'arlor S2S0/studto/locatton S2SO/studio/locotlon S2SO/studlo/locotlon 5.38.010 Pawnbrokers. Junk or Second-Hand Dealers S200/yeor/locotlon S200/yeor/locotlon S200/voor/locotlon 5.40.010 Peddler-Ownlno toxable orooort. in City S25/yeor/oerson S25/.eor/00..on S25/..or/00..on 5.40.020 Peddler-Not ....Ino taxoble oro...rtv In Clt. S75/ye../.erson S75/.eor/00..on S75/..../00..on 5.42.010 Profess tonal (os defIned In See 5.42.010~): New 125 fl,t rate + any other 135 flat rate + Iny other $SO fl.t rate + any other Bustness applicable taxes for the Ippltcable taxes for the applicable taxes for the first ltcense year of first ltcense year of first license year of operatton or part operatton or part operetton or part thereof. thereof. thereof. Professional (IS defined In See 5.42.01~): Renewal liOS/year/professional SI55/yeor/professlonol S210/yeor/profe..lonol Rates 5.46.010 Real Estate Salesperson S25/year/person S35/ye.r/per.on SSO/vo../person 5.48.060 Closlna out sale for jewelry sold at public auction $I00/sale $I00/s01e $I00/.01e 5.SO.020 Trat ler Paries $I.BO per spoce - S60 SLBO per spoce - S60 $I.1lO per spoce - S60 .t ntlllU" tax .i nillUll tu .tnt... tax 5.54.020 Taxicab Bustness $150 base rate + $150 base rate + $150 base rate + 2S/year/vehicle to be S25/yeor/.ehlcle to be S25/yeor/vehlcle to be operated in City - operated tn City - operated In City - prorated to nearest prorated to nearest prorated to nearest quarter quarter quarter 5.60.010 Vendtng, Wetghtng, Music, -'setlent. Video (coin or $1S/year/vending ..chine S25/yeor/.endlng ..chIne SJO/yeor/.endlng ..chIne slug operoted) Machine SO per postage machine $0 per postage ..chine SO per postage ..chine S30/year/per eech other $3D/year/per each other $30/year/per each other IlIIchlne ..chi ne ..chi ne 5.61.010 Pool ond Bill lord Toble. SlO/year/table S30/yeor/toble SJO/voor/loble 5.62.010 Vendlno Vehlcl.. - Non Food Stuff S200/..or/.ehlcle S200/.eor/.ehlcle S200/"or/.ehlcle B.20.020 VendIng Vehicle. - Food Stuffs (e.g. Ice crea.) S200/year/vehicle S2oa/yeor/.ehlcle S200/yeor/.ehlcle TInS PAGE BlANK Jr ;t; ~ -JD s<:c O/h '0 /)", .(,(' ~iD . :'lv,,) ORDINANCE NO. 2489 C, "11'0 "l{) AN ORDINANCE OF THE CITY OF CHULA VISTA INCREASING 0,01/, ANNUAL BUSINESS LICENSE TAX RATES FOR BILLBOARDS TO O/V $150 PER BILLBOARD, TO BE EFFECTIVE JANUARY 1, 1992 WHEREAS, per Council direction, given at the November 19, 1991 public hearing to discuss the scheduled Business License Tax increase, staff reviewed the city's current tax rates on billboards compared to the rates in other local cities; and WHEREAS, based on these comparisons and issues of equity among various-sized companies owning billboards in Chula vista, staff is recommending an increase in the business license tax on billboards to $150 per billboard annually; and WHEREAS, each company owning billboards in Chula vista has been notified by letter of staff's recommendation and of the public hearing; and WHEREAS, this proposed ordinance revises Ordinance 2408 as it relates to section 5.08.090 of the Business License Tax Table (Municipal Code section 5.07.030) to increase the tax on billboards for Calendar Years 1992 and 1993 from $75 per applicant plus $15 per billboard over two to $150 per billboard. The city Council of the city of Chula vista does hereby ordain as follows: SECTION I: section 5.08.090 of the Master Tax Schedule of Chula vista Municipal Code, Section 5.07.030 is hereby amended to set the tax rate for the period from January 1, 1992 to December 31, 1992 at $150 per billboard. The Master Tax Schedule is hereby amended as shown in Attachment 1, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. SECTION II: This ordinance shall take effect and be in full force upon its second reading and adoption. Lyman Christopher, Director of Finance Oedr m::] Presented by Bruce M. Attorney C:\OR\Billboard License Tax ''''1 REFERENCE ITEM #~ December 12, 1991 TO: The Honorable Mayor and City Council VIA: John D. Goss, city Manager!')? 11 VIA: Lyman Christopher, Directbf of Finance~ FROM: cheryl Fruchter, Revenue Manager ~ SUBJECT: Response to Council Request for Information Regarding Ordinance 2489, Increasing Annual Business License Tax Rates for Billboards to $150 per Billboard, to be effective January 1, 1992 (2nd Reading and Adoption) At the December 10, 1991 Council meeting, after the first reading of Ordinance 2489 to increase business license tax rates on billboards, Council requested staff provide the Council with information on other areas of business license tax increases that were reviewed by staff. This memorandum provides Council with a perspective on the increase in the business license tax on billboards compared to increases in the business license tax rates experienced by other businesses from 1990 to the present. In 1990 the tax rate on billboards was $60 plus $6 per billboard over 2. If the ordinance increasing billboard taxes is adopted on its second reading, billboards will be taxed at a rate of $150 per billboard in 1992. This represents a 233% increase for companies owning one billboard and a more substantial increase for companies owning more billboards. When Council adopted the three-year phase in of an increase in business license tax rates, the tax rates of the vast majority of businesses located within the city increased substantially. For example between 1990 and 1991: o The rate for most businesses located within the city (e.g., general businesses, manufacturers, wholesalers, professionals) increased approximately 110%. o The rate for most peddlers increased 150% o The rate for pool and billiard halls increased over 600%, from $20 per year plus $12 per table to $150 per year plus $30 per table 1"11 o The rate for massage parlors increased 1000% from $25 to $250 (currently do not have any located in Chu1a vista) o The rate for vending machines increased 87.5%, with future increases scheduled for 1992 and 1993 o The rate for concerts increased from nothing to $250 per day o The rate for rental units and trailer parks increased 20% o The rate for amusement arcades increased 50% As shown above, the percentage of increase varied substantially, based on historical relationships among various types of businesses within Chula Vista, the date of the last increase in a particular tax rate, as well as the rate structures in neighboring cities. staff are still conducting research on the feasibility of increasing the business license tax on card rooms. This review is being coordinated with Police Department staff who are currently reviewing a request from card room owners for several changes in City ordinances. Upon completion of this review, staff will be coming forward to Council with a recommendation regarding increasing tax rates. ,.,... COUNCIL AGENDA STATEMENT Item I, Meeting Date 12/17/91 Emergency Ordinance ;2.~'tt> Amending section 10.62.010 (B) of Chapter 10.62 of the Chula vista Municipal Code to increase parking violations fees SUBMITTED BY: Director of Finance~# REVIEWED BY: City Manager~ (4/5THS Vote: Yes-X-No___) 1/ The State Legislature recently approved Assembly Bill 544 and Senate Bill 21 which mandate a $2.50 fee increase for every parking offense. This increase fee is applicable even if the parking citation is handled administratively by the City and never actually processed through the court. The purpose of the increased fee is to fund the construction of new courthouses. ITEM TITLE: RECOMMENDATION: 1. Adopt Ordinance to increase parking violation fees as an emergency Ordinance. 2. Direct staff to return during the FY 1992-93 budget process with the survey of other cities' parking fines for further evaluation. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: One of the final actions of the recent State legislature session was to mandate a $2.50 fee increase for every parking offense. The city is required to collect the increased fine amount and forward the revenue to the County to be used for construction of additional courtrooms. The effective date of the legislation is November 30, 1991, necessitating adoption of an emergency ordinance to increase the fees for parking offenses. Previous Increases parking violation fines in Chula vista were increased to $5.00 in May 1979. Since that date there have been two other increases basically benefitting the county of San Diego. <(.. ) Page 2, Item Meeting Date 12/17/91 f' In December 1981, the fines were increased from $5.00 to $7.00. The $2.00 increase included $1.50 that is remitted to the County for the Criminal Justice Facility Temporary Construction Fund and $.50 to Chula vista for administrative costs. In December 1985, the fines were increased from $7.00 to $9.00. Once again the $2.00 increase included $1.50 that is remitted to the County for the Courthouse Temporary Construction Fund and $.50 to Chula vista for administration. Although the basic fine has increased by $4.00 since 1979, $3.00 of that increase is going to the County. STATE MANDATED INCREASE The State mandated increase in fines is $2.50. that $.50 be added for additional administration increase of $3.00 per violation. Staff recommends costs for a total The $3.00 increase applies to parking violation fines if paid within 10 days. Due to the increase, penalties for fines paid after 10 days need to be revised also. Following is a summary indicating the current fine and the recommended change: section 10.52.090 Current Recommended 30 Days Within After After + Sent 10 Days 10 Days 30 Days to DMV 29 29 32 35 32 32 35 38 sections 10.56.100 and 10.60.100 Current Recommended 14 17 24 27 32 35 35 38 All Other sections Current Recommended 9 12 14 17 32 35 35 38 RECOMMENDATION: Based on the AB 544 and SB 21 mandate and the related administration, staff recommends amending section 10.62.010(B) of Chapter 10.62 of the Chula vista Municipal Code relating to the parking fees for the purpose of regulating the use of streets to read as such: ~~2.. Sec. 10.62.010 Page 3, Item ~ Meeting Date 12/17/91 Parking violation B. For the purpose of regulating the use of streets: Chula vista After 30 Municipal Code within After After Days if Sent violations 10 Davs 10 Davs 30 Davs to DMV 10.52.040 12 17 35 38 10.52.070 12 17 35 38 10.52.090 32 32 35 38 10.52.110 12 17 35 38 10.52.160 12 17 35 38 10.52.270 12 17 35 38 10.52.290 12 17 35 38 10.52.310 12 17 35 38 10.52.330 12 17 35 38 10.52.390 12 17 35 38 10.56.100 17 27 35 38 10.56.130 12 17 35 38 10.56.140b 12 17 35 38 10.56.160 12 17 35 38 10.60.050 12 17 35 38 10.60.060 12 17 35 38 10.60.100 17 27 35 38 SURVEY OF OTHER CITIES Attachment "A", included for council information, is a survey that shows Chula vista's current fines for code violations in comparison with other cities in the County. In almost all instances, the fines in Chula vista are the lowest of the cities surveyed. Based on this, staff is recommending that Council further review the fines for parking offenses during the FY 1992-93 budget process. This will allow staff time to receive community input through the Downtown Business Association, Project Area Committee, and the Chamber of Commerce. FISCAL IMPACT: Of the proposed increase, $2.50 will go to the County of San Diego for courtroom construction and $.50 will be retained by the city for administrative costs. Staff estimates this will result in increased revenue to the Parking Meter Fund of approximately $6,300 annually and to the General Fund of approximately $3,600 annually. ~~3 12/11/91 ATTACHMENT IIA" -----------... SURVEY OF PARKING VIOLATION PENALTIES -----.---------------------_.-------- CHULA SAN NATIONAL SAN CHULA VISTA MUNICIPAL COOE VIOLATIONS VISTA* EL CAJON LA MESA SANTEE DIEGO DEL MAR ESCONDIDO OCEANSIDE VISTA CITY. CARLSBAD* MARCOS. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------------------------------------ 10.52.040 PARKED IN PARKWAY $9.00 $17.00 $17 .00 $27.00 $19.00 19.00 $26.00 $20.00 N/A $30.00 N/A N/A 10.52.070 NO PARKING AREA-DESIGNATED $9.00 $17.00 $17 .00 $27.00 $26.00 29.00 $26.00 $23.00 $32.00 $20.00 $14.00 $30.00 10.52.090 COMMERCIAL VEHICLE PARKED IN 29.00 17.00 52.00 $27.00 19.00 19.00 N/A 20.00 58.00 20.00 $14.00 $30.00 RESIDENTIAL 10.52.110 PARKING VEHICLE FOR SALE ON $9.00 $17.00 $27.00 $27.00 $34.00 19.00 $16.00 $20.00 $30.00 $20.00 $14.00 N/A PUBLICIPRIVATE PROPERTY 10.52.160 PARKED IN ALLEY $9.00 $17.00 $17.00 $27.00 $34.00 19.00 $16.00 $20.00 $32.00 $20.00 $14.00 N/A 10.52.270 PROHIBITED PARKING ON CERTAIN $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A STREETS AT ALL TIMES c:* 10.52.290 PROHIBITED PARKING ON STREETS $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A AT CERTAIN TIMES , -4=. 10.52.310 PROHIBITED PARKING ON CERTAIN $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A STREETS AT CERTAIN TIMES 10.52.330 PROHIBITED PARKING ON CERTAIN $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A STREETS AT CERTAIN TIMES 10.52.390 o I AGONAL PARK I NG $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10.56.100 NOT WITHIN PARKING LINE/SPACE $14.00 $17.00 $26.00 $27.00 $26.00 26.00 $28.00 $20.00 $19.00 $20.00 $14.00 $30.00 10.56.130 EXPIRED METER $9.00 N/A N/A N/A $16.00 19.00 N/A $20.00 N/A N/A N/A N/A 10.56.140b FEEDING PARKING METER $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10.56.160 TAMPERING WITH PARKING METER $9.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10.60.050 PARKED IN YELLOW LOADING ZONE $9.00 N/A N/A N/A $26.00 19.00 $16.00 $20.00 $30.00 $20.00 $14.00 $30.00 FOR PRDHI8ITED PURPOSE 10.60.060 PARKED IN PASSENGER LOADING $9.00 $17.00 $17.00 $27.00 $19.00 19.00 $16.00 $20.00 $30.00 $20.00 $14.00 $30.00 20NE FOR PROHIBITED PURPOSE 10.60.100 PARKED IN TAXICAB STAND $14.00 N/A $17.00 N/A N/A N/A N/A $23.00 $30.00 $20.00 N/A N/A '* AfI'IOlIlts do not include increase mandated by AB544 and 5821. ORDINANCE NO. :2. 4'70 AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 10.62.010B OF CHAPTER 10.62 OF THE CHULA VISTA MUNICIPAL CODE TO INCREASE PARKING VIOLATIONS FEES WHEREAS, the State Legislature recently approved Assembly Bill 544 and Senate Bill 21 which mandate a $2.50 fee increase for every parking offense; and WHEREAS, this increase fee is applicable even if the parking citation is handled administratively by the city and never actually processed through the court and the purpose of the increased fee is to fund the construction of new courthouses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby ordain as follows: SECTION I: That Section 10.62.010B of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 10.62.010 Parking Violation B. For the purpose of regulating the use of streets: Chula vista Municipal Code within After After Violations 10 Davs 10 Davs 30 Davs 10.52.040 12 17 35 10.52.070 12 17 35 10.52.090 32 32 35 10.52.110 12 17 35 10.52.160 12 17 35 10.52.270 12 17 35 10.52.290 12 17 35 10.52.310 12 17 35 10.52.330 12 17 35 10.52.390 12 17 35 10.56.100 17 27 35 10.56.130 12 17 35 10.56.140b 12 17 35 10.56.160 12 17 35 10.60.050 12 17 35 10.60.060 12 17 35 10.60.100 17 27 35 After 30 Days if Sent to DMV 38 38 38 38 38 38 38 38 38 38 38 38 38 38 38 38 38 SECTION II: This ordinance shall take effect and be in full force immediately as an emergency ordinance upon its first reading and adoption by a four-fifth's vote. 1 ~~'5 1V131JJ Pt'f/ft/1l/6 ~t_~~ VIOLA TIM'\! r-6C;, EI"Fr:CTrV(C pi/'ll?! ORDINANCE NO. /.-. 'i '?t) AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 10.62.010B OF CHAPTER 10.62 OF THE CHULA VISTA MUNICIPAL CODE TO INCREASE PARKING VIOLATIONS FEES WHEREAS, the State Legislature recently approved Assembly Bill 544 and Senate Bill 21 which mandate a $2.50 fee increase for J every parking offense; and WHEREAS, this increase fee is applicable even if the parking citation is handled administratively by the City and never actually processed through the court and the purpose of the increased fee is to fund the construction of new courthouses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby ordain as follows: SECTION I: That section 10.62.010B of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 10.62.010 Parking Violation B. For the purpose of regulating the use of streets: Chula vista Municipal Code Violations within 10 Days After 10 Days After 30 Days After 30 Days if Sent to DMV 10.52.040 12 17 35 38 10.52.070 12 17 35 38 10.52.090 32 32 35 38 10.52.110 12 17 35 38 10.52.160 12 17 35 38 10.52.270 12 17 35 38 10.52.290 12 17 35 38 10.52.310 12 17 35 38 10.52.330 12 17 35 38 10.52.390 12 17 35 38 10.56.100 17 27 35 38 10.56.130 12 17 35 38 10.56.140b 12 17 35 38 10.56.160 12 17 35 38 10.60.050 12 17 35 38 10.60.060 12 17 35 38 10.60.100 17 27 35 38 ~ SECTION II: This ordinance shall take effect and be in ( full force immediately as an emergency ordinance upon its first \ reading and adoption by a four-fifth's vote. , \~ _,.' . () Ii) !, V" /) 'f- ,'-1 A _ A-:f .4"",,<1-''/' -di~ 4.2/,[ 4,vtIi a.lt~ t-<:J"L. /'JUl.1'U0'--p-4.-X LrtN! ,,~~,~ -'~. '~I -~~~ v' {/' "i 2 ," (' '-"Ii. (! ~"-:') ,,-vr/u.-n I (,) c&V'1-" .,. I {, c. () ('-.~-'( I i) c-lcl..-4.p 435, ,'D 'lffV-" 50 ,L~.Af4. C., , . 'I Y y V V F 3g o/J l:erf/tFA... 30 cl5.---<r -<I ~V'I) 'i:) /?f Presented by Lyman Christopher, Director of Finance C:\OR\1062010B Bruce M. Attorney 2 %-? city COUNCIL AGENDA STATEMENT Item 9 ,1..4~\ Accept i ng bids equipment SUBMITTED BY: Director of Finance r/t REVIEWED BY: City Manager f 1; ;;r (4jSths Vote: Yes_Nol) () Bids were received and opened at 3:00 p.m. on November 5, 1991 in the office of the Purchasing Agent for the purchase of the following grounds maintenance equipment: Meeting Date 12/17/91 ITEM TITLE: and awarding contract for grounds maintenance ITEM 1 2 OTY 1 2 DESCRIPTION Turf Tractor with front mounted mowers Turf Tractor with grass collection system RECOMMENDATION: That Council accept the bids and award the contract to San Diego Turf in the amount of $49,222.36. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Bid proposal forms were mailed to prospective vendors with two submitting the following bids: ITEM 1 - Turf tractor (1) with front mounted mowers BIDDER UNIT PRICE $12,453.10 $16,857.00 SALES TAX $1,027.38 $1 ,390. 70 AMOUNT $13,480.48 $18,247.70 C.R. Jaeschke, Inc., San Diego San Diego Turf, San Diego The low bidder, C.R. Jaeschke, Inc., submitted a bid on a Steiner Model 420 Tractor/Mower. The unit does not meet specifications. Bid specifications requested a minimum 80 inch cutting width, center deck with a minimum 54 inch cutting width and hydraulically operated wing decks for transporting and cutting at various widths. The hydraul ically operated wing decks make it possible for the operator to raise one or two cutting decks while mowing narrow turf areas. This enables the cutting widths to be adjusted to cut in a 54 inch, 71 inch or 88 inch swathe. It is also advantageous to be abl e to lift both decks when transporting the equipment to other park sites allowing more storage room for other equipment on the trailer. The Steiner has a single 72 inch cutting width deck with no wing decks. The Steiner tractor is powered by a 17 HP engine where specifications required a minimum 22 HP engine. A 22 HP engine was specified to adequately handle the drive unit and hydraulic system. Wing decks require more hydraulic equipment which requires a higher horsepower engine to operate the equipment. The unit bid by San Diego Turf is a Toro Groundmaster 322-0, meets the requirements of the specifications and is acceptable to the using department. q"l Page 2, Item~ Meeting Date 12/17/91 ITEM 2 - Turf tractor (2) with grass collection system UNIT X 2 SALES BIDDER PRICE TRACTORS TAX AMOUNT C.R. Jaeschke, Inc., San Diego 12,408.00 24,816.00 2,047.32 $26,863.32 San Diego Turf, San Diego 14,307.00 28,614.00 2,360.66 $30,974.66 The low bidder, C.R. Jaeschke, Inc., submitted a bid on a Seiner Model 220 Tractor which does not comply with City specifications relating to the grass collection system. Specifications also call for a one piece hi9h density polyethylene hopper with two piece cover with automatic release cover latch. Hi gh impact polyethyl ene wi 11 not rust and with an automatic rel ease cover latch does not require the operator to get off his seat to open and close the latch. The Steiner unit is a sheet metal hopper with manual cover latch. The unit bid by San Diego Turf is a Toro Groundmaster 220-D, meets specifications and is acceptable to the using department. FISCAL IMPACT: budgeted in the replaced will be Cost of purchasing FY 1991-92 Equipment sold at auction. the equipment is within the amounts Rep 1 acement Fund. The equi pment bei ng WPC 0305U o.-~ RESOLUTION NO. J ~ L\ ~ I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR GROUNDS MAINTENANCE EQUIPMENT WHEREAS, at 3:00 p.m. on November 5, 1991, in the office of the purchasing Agent, the Purchasing Agent received bids for the purchase of the following grounds maintenance equipment: ITEM OTY DESCRIPTION 1 2 1 1 Turf Tractor with front mounted mowers Turf Tractor with grass collection system WHEREAS, two bids were submitted for Item 1 as follows: Bidder unit Price Sales Tax Amount C.R. Jaeschke, Inc. $12,453.10 $1,027.38 $13,480.48 San Diego San Diego Turf $16,857.00 $1,390.70 $18,247.70 WHEREAS, the low bidder, C.R. Jaeschke, Inc., submitted a bid on a steiner Model 420 Tractor/Mower which unit does not meet specifications; and WHEREAS, the unit bid by San Diego Turf meets the requirements of the specifications and is acceptable to the using department; and WHEREAS, two bids were submitted for Item 2 as follows: Price for Bidder Two Tractors Sales Tax Amount C.R. Jaeschke, Inc. $24,816.00 $2,047.32 $26,863.32 San Diego San Diego Turf $28,614.00 $2,360.66 $30,974.66 WHEREAS, the a bid on a steiner specifications; and low bidder, C.R. Jaeschke, Model 220 Tractor unit Inc. , does submitted not meet WHEREAS, the unit bid by San Diego Turf meets the requirements of the specifications and is acceptable to the using department. 1 ot~3 NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Chula vista does hereby accept said two bids and does hereby award the contract for Items 1 and 2 to San Diego Turf, who has assured the city they are a licensed contractor who can produce a performance bond in the State of California. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said contracts for and on behalf of the city of Chula vista. Lyman Christopher, Director of Finance Approved as ~J Bruce M. Boogaa Attorney Presented by C:\RS\gr maint bid 2 ~y COUNCIL AGENDA STATEMENT ITEM TITLE: /1,443 RESOLUTION Amending the agreement between the City of Chula vista and Episcopal Community services for the Options for Recovery program and authorizing the Mayor to execute said agreement L Director ~ .") . Item I D Meeting Date 12/17//91 SUBMITTED BY: Community Development REVIEWED BY: City Manager ~~{(" (4/5ths Vote: YES_NO~) In May 1990, the City council allocated $10,350 in CDBG funds for Options for Recovery, a drug treatment program operated by Episcopal Community services (ECS). As of December 31, 1991, ECS will be discontinuing this program due to financial problems. ECS desires to amend the budget in their CDBG contract in order to expend all the CDBG funds prior to January 1, 1992. RECOMMENDATION: That the City Council approve amendment of the agreement between the city of Chula vista and Episcopal Community services for the Options for Recovery program and authorize the Mayor to execute said agreement BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: since ECS will be discontinuing operation of the Options for Recovery Program at the end of this month, they have requested an amendment to the budget section of the CDBG agreement. The amendment will allow them to expend all of the CDBG funds in the first six months (from July through December) rather than over the normal 12 month period. In addition, a new line item (salary for the van driver) has been added to the budget. The purpose for which the funds were allocated, to transport clients to and from the program site, remains unchanged. (The original and amended budgets are attached). Over the past 18 months, the Options program has accumulated $53,000 in red ink. The state of California, which is the primary funding source for Options, has imposed new restrictions which will increase the deficit in program operations. ECS projects that they will lose over $30,000 in the next six months if they operate the program under the new restrictions. The County of San Diego is currently negotiating with another provider to operate a new program providing the same services as the Options program. It is likely that these services will continue to be available to Chula vista residents although there may be a temporary lapse in these services. 10 - , Page 2, Item Meeting Date )D 12/17 /91 FISCAL IMPACT: There is no fiscal impact. The amended budget does not increase the total amount of expenditures by ECS nor the amount of CDBG funds allocated by the city. (CDBG\ECS.AGN) /(;-2. RESOLUTION NO. III l/43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EPISCOPAL COMMUNITY SERVICES FOR THE OPTIONS FOR RECOVERY PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City council of the City of Chula vista does hereby resolves as follows: WHEREAS, the city entered into an Agreement with Episcopal Community services for the expenditure of city-appropriated Community Development Block Grant (CDBG) funds for options for Recovery, dated August 13, 1991; and WHEREAS, Episcopal community Services will discontinue the options for Recovery program due to regulatory changes effected by the State which will create an untenable financial liability; and, WHEREAS, Episcopal Community Services desires to expend the full CDBG allocation prior to January 1, 1992 in order to reduce their operating deficit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the Agreement between the city of Chula vista and Episcopal Community services for Options for Recovery, dated August 13, 1991, shall be amended to allow Episcopal Community Services to expend their full CDBG allocation prior to January 1, 1992. section 2. The city council does hereby direct and authorize the Mayor of the city of Chula vista to execute said contract amendment for and on behalf of the City of Chula vista. Section 3. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. section 4. The city Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said city; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Ap r ved 1 Bruce M. Boog City Attorney Presented by: Chris Salomone Community Development Director Ith3jlIJ -1- AMENDMENT TO THE AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF EPISCOPAL COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this December 17, 1991, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula vista ("City") herein, a municipal corporation of the State of California, and Episcopal Community Services, a non-prOfit organization ("Grantee"), and is made with reference to the following facts: R E C I TAL S WHEREAS, the City entered into an Agreement with Episcopal Community Services for the expenditure of city-appropriated Community Development Block Grant (CDBG) funds for Options for Recovery, dated August 13, 1991; and WHEREAS, Episcopal Community Services will discontinue the Options for Recovery program due to regulatory changes effected by the State which will create an untenable financial liability; and, WHEREAS, Episcopal community Services desires to expend the full CDBG allocation prior to January 1, 1992 in order to reduce their operating deficit. NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Section 1 of this agreement shall be amended as follows: Term of Aareement. The term of this agreement shall be for a period of six months, from July 1, 1991 through December 31, 1991. 2. Section 4 of this agreement shall be amended as follows: A. Grantee Expenditures and Budaet. The Grantee agrees to expend city-appropriated funds in accordance with the amended itemized budget for expenses as set forth in Exhibit C-1, attached hereto and incorporated herein, to meet bona ftde obligations incurred for transportation, including vehicle lease, insurance, and maintenance for persons/families participating in the Options for Recovery Program in Chula vista. B. Reimbursement. The City shall compensate Grantee for costs incurred by Grantee for said services up to a If) ~ 5 maximum amount of $10,350 (TEN THOUSAND, THREE HUNDRED AND FIFTY DOLLARS). IN WITNESS WHEREOF, city and Grantee have executed this Agreement this day of , 1991. CITY OF CHULA VISTA BY: Tim Nader Mayor. ATTEST: city Clerk ruce M. Boogaard city Attorney EPISCOPAL COMMUNITY SERVICES By 10 ." EXHIBIT B-1 EPISCOPAL COMMUNITY SERVICES ootions For Recoverv Revised Budget The funds to be provided will be expended in FY 1991-92, from June 1, 1991 to December 31, 1991. Lease of Van for 6 months Insurance for Van for 6 months Bus tokens for 6 months Partial salary for couns./Driver $ 3,000 2,880 2,484 1.986 Total $10,350 10-1 / ,. . tJ EPISCOPAL COMMUNITY SERVICES Ootions For Recoverv BUDGET EXHI.81T D EXHiBIT B The funds to be provided will be expended in FY 1991-92 for the following purposes: Vehicle lease .Bus tokens Insurance (partial payment) /O-a $6,000 3,312 1.038 $10,350 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF EPISCOPAL COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this August 13,1991, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Episcopal Community Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: Rf~lI8h~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, . WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 21, 1991, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for low and moderate- income households, herei nafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, . WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of th is agreement shall be for a period of one (1) year, from July 1, 1991 through June 30, 1992. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. UPC 4769H -I- /O - q 1\1("3,o~ Coq \ - IS<" 3. Low and Moderate Income Requirement. The services to be performed by Grantee shall be provided primarily to persons of low and moderate income households. A minimum of 70% of the persons provided services shall be of low- and moderate-income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit D). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for transportation, including vehicle lease, insurance, and maintenance for persons/fami li es part i ci pat i ng in the Opt ions for Recovery Program in Chul a Vista. The City shall compensate Grantee for said services up to a maximum amount not to exceed $10,350 (TEN THOUSAND, THREE HUNDRED AND FIFTY DOLLARS). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly installments following receipt of the "CDBG Expense Reimbursement Claim" form (a blank copy of which is attached) from the Grantee. Expenses itemized on the "Expense Reimbursement Cl aim" form shall be 1 i mited to actual expenses incurred duri ng the peri od specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i nc 1 udes a bri ef narrat i ve of the servi ces provided and an itemi zed account i ng of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/househol ds served, the number of res i dents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Episcopal Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4769H -2- /~4() 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records.' Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Episcopal Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organi zat ions. " The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make addit i ona 1 reimbursements to the Grantee. I f sa id program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Rel iaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. ~PC 4769H -3- 10" II 15. Druq-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbv; nq of Federal Off; c; a 1 s. The Grantee shall not use any funds prov; ded under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress ;n connection with the awarding of any Federal contract, the making of any cooperative agreement,. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under pub 1 i c 1 i abil ity and property damage insurance pol i ci es whi ch th is Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert ifi cates of insurance to the City : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execution of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng against such c 1 aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's i ndemn i fi cat i on of City shall not be 1 imited by any prior or subsequent declaration by the Grantee. 19. Susoens i on and Termi nat i on. In accordance with HUD regul at i on 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. YPC 4769H -4- /~.. 12 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNES~EREOF, this doH--{]ay of J - \.\ City and Grantee have executed thi s Agreement , 1991. CITY OF CHULA VISTA BY: ,r/l~~, Tim Nader Mayor, City of Chula Vista ATTEJTI '::;; '/ ) ~t '~jffJf ity Cl k APPROVED AS TO FORM BY: 4-- th~ Bruce M. Boogaa City Attorney EPISCOPAL COMMUNITY SERVICES BY:~ ~\ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Statement of Work and Schedule Budget City of Chula Vista Party Disclosure Statement HUD Income Limits (Revised April 17, 1991) CDBG Expense Reimbursement Clean Form UPC 4769" -5- /()-<3 EXH~Bn~)\ EXHIBIT A EPISCOPAL COMMUNITY SERVICES options For Recoverv STATEMENT OF WORK DESCRIPTION The Options Day Treatment program serves minority, low-income needy women who are pregnant and post-partum who have an alcohol or drug problem. Approximately 70 % are from the Chula Vista Area. Part of the currently operating day-treatment program is to provide transportation services to Head Start, Medical services, sober/social activities and to self-help meetings. The funds to be awarded will be used to lease a 7 passenger mini-van, pay for a portion of the insurance costs of operating the van and provide for bus tokens for other transportation needs such as providing the means for some of the women to get to the program. The program provides services to approximately 20 women a month and a minimum of 15 children who are three years old or less a month. 1/)1~ rV~.;'F'H r 'V1\ &,iU j;~1J~ ~ N _:J f~; EXHIBIT B EPISCOPAL COMMUNITY SERVICES options For Recoverv SCHEDULE The schedule of services will be from July 1 1991 to June 30, 1992. The transportation activities will occur daily during the program's hours of operation which are from 8 am to 8 pm. Weekends will also be incorporated. The program provides 5 hours of day treatment services along with evening support services daily. /o../S- 1r"~P,:nIi'\~T D. ~p ':;l'~..~;~ ~<:,; ~1 . . ", '.'.., """ . ., ". ", 'f '? il ~ 1 EXHIBIT C EPISCOPAL COMMUNITY SERVICES options For Recoverv BUDGET The funds to be provided will be expended in FY 1991-92 for the following purposes: Vehicle lease Bus tokens Insurance (partial payment) $6,000 3,312 1.038 $10,350 I t).../!e, THE CITY OF CIJULA VISTA PARTY DISCLOSURE STATt-MENT f?'\f ~ ~.~ \!1 ~T fI\ ~t~rl'~~~ R I~. ,~, ,>~.~ ~Fl I,' 1j t, i)J Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. TIle following information must be disclosed: 1. List the names of all persons having a financial interest III the contract, I.e., contractor, subcontractor, material supplier. NONE 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. SEE ATTACHED LIST 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No --L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. HANK DAVENPORT B. WILHEMI.NA HOOpER 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ---.L If yes, state which Councilmember( s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fratema/ organization, corporation, estate, trust, receiver, syndicate. tltis and any other county, city and country, city, municipality, district or other political subdivision, or any other group OT combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: August 14, ]991 A_~ . Signature of contractor/applicant [C\ WI'SI\COUNCIL\DISCLOSETXTJ , , Glenn Allrson, CAO Print or type name of contractor/applicant [Rc...iscd: 11/30/901 1/)..17 I +e..v-v.+l () INFORMATION MEMORANDUM December 17, 1991 FROM: Honorable Mayor and Citl~C unci1 John Goss, City Manager/ Chris Salomone, Communi y Development cS Director TO: VIA: SUBJECT: Episcopal Community Services - Contract Amendment Episcopal Community Services, like many other social services agencies, is experiencing difficult times. State funding for social services is being cut back in order to balance the budget. Regulations are being tightened in order to reduce the number of people being served. These changes directly affect the ability of a small, non-profit organization, like Episcopal Community Services, to provide services. The State/County reimbursement for the options for Recovery program was not adequate to cover operating costs. Episcopal Community Services relied upon fundraising efforts to make up the difference. However, with the recent regulatory changes, the Board of Directors of Episcopal Community Services made the difficult decision to drop the Options for Recovery program. Episcopal Community Services has requested the contract amendment in order to expend all of their CDBG allocation by January 1, 1992. The orimarv benefit of the accelerated exoenditure of funds will be to reduce EoiscQoal Communitv Services ooeratina deficit bv aooroximatelv $5.000 (thev have alreadv exoended about $5.000). The adootion or re;ection of the resolution amendina the contract does not chanae the level or duration of services orovided to Chula vista residents. In either case, Episcopal Community Services will discontinue the program at the end of December. The County is looking for a new provider to continue the same type of program (substance abuse services for pregnant women and new mothers). C:\e,cs.mem /0//; COUNCIL AGENDA STATEMENT Item--.1L Meeting Date 12/17/91 ITEM TITLE: Resolution \1.l!1(.1.\ Ratifying extension of contract for planning services of Lettieri -McIntyre & Associates for the Palomar Trolley Commercial Center, and authorizing the Mayor to execute said agreement; and authori zi ng payment for additional services performed under the current contract SUBMITTED BY: Director of p~an7ing~ REVIEWED BY: City Managerd ); /I (4/Sths Vote: YeslNo_> On September 6, 1990, the City Council authorized an agreement to retain Lett i eri -McIntyre & Assoc i ates as the contract pl anner for revi ew of the Palomar Trolley Commercial Center project proposal for an amount not to exceed $10,000. On December 18, 1990, the firm's contract of employment was extended, and an additional amount of $20,000 was authorized. Deborah Collins is the project manager from Lettieri-McIntyre who is working on this project. RECOMMENDATION: That Council approve the attached resolution authorizing payment to the consultant for addi t i ona 1 work performed under the ori gi na 1 agreement, and authorizing the Mayor to approve an extension of the agreement, on the condition that project appl icant deposits funding sufficient to cover all costs. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City Council, on September 6, 1990, initiated the review process for the Pa 1 omar Troll ey Center and authori zed hi ri ng Lettieri -Mc Intyre to coordi nate project revi ew. Staff recommended at that time that a contract pl anner be retained to coordinate the review of this project, due to the complexities involved in the review, and the need to coordinate both Planning Department and Community Development Department input, since the project site was being brought into a redevelopment area. Since the project was initiated, the following tasks have been completed: 1. Met with all affected City departments to get their initial comments on the project. 2. Held separate follow-up meetings with Public Works, Parks and Recreation, MTDB, SDG&E, and child-care representatives to work on specific issues. 3. Attended weekly meetings with the applicant and project team to discuss, coordinate and resolve project related issues. 4. Coordinated design review of the preliminary site plan, including review of a prel iminary design manual to be used as a basis for developing and revi ewi ng the detailed site pl an to be prepared once the major tenants are identified. 5. Coordinated development of the scope of work for the EIR and EIR contract execution with staff, the applicant and Cotton/Beland/Associates. \\- \ Page 2, Item Meeting Date 12/17/91 6. Coordinated on preparation and review of the EIR. Reviewed and prepared written letter of comments on both the prel iminary and revised screen check versions of the ErR. 7. Prepared the environmental initial study, rezone, and general plan amendment applications. 8. Attended three meetings of and prepared two staff reports for the Montgomery Planning Committee. 9. Attended one meeting of and prepared one staff report for the Southwest Project Area Committee. 10. Prepared and updated process i ng schedul es for the project and tracki ng sheets of project related issues. 11. Prepared and submitted a staff report to the Montgomery Planning Committee. The consultant is requesting $2,700 as reimbursement for work performed on the project which exceeded the $20,000 1 imit specified in the amended contract. Although the contract set a not-to-exceed 1 imit of $20,000, the consultant continued to perform work which exceeded the authorized amount. While staff did not authorize the consultant to exceed the contract amount, we have revi ewed the addit i ona 1 work performed, and concur that it was wi thi n the scope of work of the contract. In addition, we have contacted the applicant, who has agreed wi th our ana lys is, and has agreed to provi de fundi ng for thi s addi t i ona 1 payment. In addi t i on to authori zi ng the payment descri bed above, we are also requesting approval of an extension to the contract, and authorization of further work for an amount not to exceed $7,300, for additional work to be performed through the completion of the project review. Specific tasks to be completed include: 1. Continue meeting with the appl icant and project team on an as-needed basis. 2. Work with the Planning Department and Community Development staff during the completion of project processing and review. 3. Prepare staff reports and attend public hearings for the Montgomery Planning Committee, the Southwest Redevelopment Project Area Committee, the Planning Commission, and the City Council. 4. Prepare necessary graphics for public meetings and hearings. FISCAL IMPACT: None. All monies will Pacific Scene. City administrative costs charge on whatever is expended. If the revenue would be $700. be deposited by the applicant, will be covered by a 7 percent total $10,000 is paid, the City WPC 9992P \\-1. ITEM II Ro!...v, ~~: 0 ,-~-, (, RESOLUTION NO. 16444 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIlULA VISTA RATIFYING EXTENSION OF <XlNTRACT FOR PLANNING SERVICES OF LETI'IERI-MCINTYRE & ASSOCIATES FOR THE PALOMAR TROLLEY COMMERCIAL CENTER: AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AUTHORIZING PAYMENT FOR ADDITIONAL SERVICES PERFORMED UNDER C1JRRENT CONTRACT WHEREAS, on september 6, 1990, the City Council approved an agreement ("Original Agreement") by which they authorized the employment of Lettieri-McIntyre & Associates as the contract planner for the Palomar Trolley Commercial Center: and WHEREAS, on December 18, 1990, the City Council approved a second agreement ("Amended Agreement") by which Consultant was required to provide the same basic services as was required in the Original Agreement and by which Consultant was to be paid on a time and materials basis, but which limited the extent to which Consultant may perform said services to June 1, 1991 or thereafter until the funds budgeted therefor have been expended, and the further limited the compensation which may be paid to said Consultant to an additional $20,000, all of which has been earned by, and paid to, Consultant: and, WHEREAS, Lettieri-McIntyre & Associates has exhausted the maximum permissible compensation payable to Consultant by the Original and Amended Agreement, yet the services required of Consultant in connection with the Palomar Trolley Commercial Center project are still required: WHEREAS, because of this firm's in-depth knowledge of the City and this project, it would be highly desirable to retain their planning service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment to the Amended Agreement on file in the Office of the City Clerk, dated December 12, 1991, and entitled: "Amendment to Extension Agreement with Lettieri-MacIntyre and Associates for Palomar Trolley Center Project Consulting Services", and, on the condition that Pacific Scene forthwith deposits the amount required by the amendment with the City, to wit: $10,000.00, the Council does hereby authorize and direct the Mayor to execute same. BE IT FURTHER RESOLVED that the Council does hereby appropriate the sum of $10,000 from the deposit to be received from Pacific Scene pursuant to the agreement to Account No. 408-4080-DP787 for the purposes of compensating Consultant under the terms of the amendment. Robert A. Leiter Director of planning Presented by WPC 9994P 11-- J RESOLUTION NO. llo~4~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING EXTENSION OF CONTRACT FOR PLANNING SERVICES OF LETTIERI-MCINTYRE & ASSOCIATES FOR THE PALOMAR TROLLEY COMME:RCIAL CENTER; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AUTHORIZING PAYMENT FOR ADDITIONAL SERVICES PERFORMED UNDER CURRENT CONTRACT WHEREAS, on September 6, 1990, the City Council approved an agreement ("Original Agreement") by which they authorized the employment of Lettieri-McIntyre & Associates as the contract planner for the Palomar Trolley Commercial Center; and WHEREAS, on December 18, 1990, the City Council approved a second agreement ("Amended Agreement") by which Consultant was required to provide the same basic services as was required in the Original Agreement and by which Consultant was to be paid on a time and materials basis, but which limited the extent to which Consultant may perform said services to June 1, 1991, and the further limited the cOmPensation which may be paid to said Consultant to an additional $10,000, all of which has been earned by, and paid to, Consultant; and, WHEREAS, Lettieri-McIntyre & Associates has exhausted the maximum permissible compensation payable to Consultant by the Original and Amended Agreement, yet the services required of Consultant in connection with the Palomar Trolley Commercial Center project are still required; WHEREAS, because of this firm's in-depth knowledge of the City and this project, it would be highly desirable to retain their planning service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment to the Amended Agreement on file in the Office of the City Clerk, dated December 12, 1991, and entitled: "Amendment to Extension Agreement with Lettieri-MacIntyre and Associates for Palomar Trolley Center project Consulting Services", and, on the condition that Pacific Scene forthwith deposits the amount required by the amendment with the City, to wit: $10,000.00, the Council does hereby authorize and direct the Mayor to execute same. BE IT FURTHER RESOLVED that the Council does hereby appropriate the sum of $10,000 from the deposit to be received from Pacific Scene pursuant to the agreement to Account No. 408-4080-DP787 for the purposes of compensating Consultant under the terms of the amendment. Presented by If'm:J) Robert A. Leiter Director of Planning Bruce Boogaard City Attorney WPC 9994P \\. ~ AKBIIDMENT TO EXTENSION AGREEMENT WITH LETTIERI-MacINTYRE AND ASSOCIATES POR PALOMAR TROLLEY CENTER PROJECT CONSULTING SERVICES THIS AGREEMENT, made this 12th day of December, 1991 for the purposes of reference only, and effective as of the date last executed by the parties, between the CITY OF CHULA VISTA ("city"), a Chartered municipal corporation of the State of California; LETTIERI-MacINTYRE AND ASSOCIATES, INC., a professional planning consultant ("Consultant"), and PACIFIC SCENE, INC., ("Applicant"), a California corporation, and is made with reference to the following facts: RECITALS WHEREAS, on or about September 6 , 1990, the parties entered into a three party agreement entitled "Agreement with Lett~eri-MacIntyre and Associates, Inc." for planning consulting serv~ces with regard to the Palomar Trolley Center Project ("Original Agreement"), by which Consultant agreed to perform such planning consultant services as may be requested of Consultant by City by and through its City Manager and in exchange for which, Applicant agreed to pay Consultant for said services on a time and materials basis in an amount not to exceed $10,000 without further approval by the city; and WHEREAS, on or about December 18, 1990, the parties entered into an amended agreement entitled "Agreement Extension with Lettieri-MacIntyre and Associates, Inc. for Planning Consulting Services with Regard to the Palomar Trolley Center Project" ("Amended Agreement") by which Consultant was required to provide the same basic services as was required in the original Agreement and by which Consultant was to be paid on a time and materials basis. However, the Amended Agreement provided that the services were to be provided through June 1, 1991 or thereafter until the funds budgeted therefor have been expended, and the compensation during said term was not to exceed an additional $20,000, all of which was to be paid for by the Applicant; and WHEREAS, the Consultant has reached the maximum amount of compensation provided for by the Original and Amended Agreement without further approval by the city Council; and WHEREAS, the City and Applicant are still in need of the planning services heretofore commenced by the Consultant in connection with the Palomar Trolley Center Project. It will be necessary for Applicant to compensate Consultant at Consultant's existing rate but that total compensation should not exceed $10,000; and 11''-1 WHEREAS, City, Applicant and Consultant are desirous and willing to contract according to the terms of this First Amendment to the Amended Agreement. NOW, THEREFORE, the parties hereto do hereby agree as follows: The Amended Agreement is hereby amended in the following regards: 1. The term of the Amended Agreement is extended for an indefinite period of time and Consultant will continue to provide services at the rates indicated in the Amended Agreement until the City directs otherwise or the maximum compensation provided for is earned. 2 . From and after the date of the Amendment, the Consultant will continue to provide services as described in the general and detailed Scope of Work in the Amended Agreement until the maximum compensation of $7,300 has been duly earned and billed by Consultant at which time the Consultant shall perform no further services under the Agreement without further approval of the City, by and through its city Council. 3. Applicant agrees to deposit with the City upon execution of this Agreemnt the sum of $10,000 which City agrees to retain for the purposes of compensating Consultant under the terms and conditions of this Amendment and for the purpose of paying the City an administrative charge equal to 7% of the compensation paid to Consultant, and in addition thereto, City is hereby authorized and agrees to pay Consultant the sum of $2,700 from said deposit for work performed by Consultant after the expiration of the Amended Agreement and prior to the execution of this Amendment. 4 . All other terms and conditions of the Amended Agreement shall remain in full force and effect. THE CITY OF CHULA VISTA LETTIERI-MacINTYRE AND ASSOCIATES Mayor PACIFIC SCENE, INC. fO:::Q C.\AG\Let Mac Am nd 11-.5 AMENDMENT TO EXTENSION AGREEMENT WITH LETTIERI-MacINTYRE AND ASSOCIATES FOR PALOMAR TROLLEY CENTER PROJECT CONSULTING SERVICES THIS AGREEMENT, made this 12th day of December, 1991 for the purposes of reference only, and effective as of the date last executed by the parties, between the CITY OF CHULA VISTA ("city"), a Chartered municipal corporation of the State of California; LETTIERI-MacINTYRE AND ASSOCIATES, INC., a professional planning consultant ("Consultant"), and PACIFIC SCENE, INC., ("Applicant"), a California corporation, and is made with reference to the following facts: RECITALS WHEREAS, on or about September 6, 1990, the parties entered into a three party agreement entitled "Agreement with Lettieri-MacIntyre and Associates, Inc." for planning consulting services with regard to the Palomar Trolley Center Project ("Original Agreement"), by which Consultant agreed to perform such planning consultant services as may be requested of Consultant by city by and through its City Manager and in exchange for which, Applicant agreed to pay Consultant for said services on a time and materials basis in an amount not to exceed $10,000 without further approval by the city; and WHEREAS, on or about December 18, 1990, the parties entered into an amended agreement entitled "Agreement Extension with Lettieri-MacIntyre and Associates, Inc. for Planning Consulting Services with Regard to the Palomar Trolley Center Project" ("Amended Agreement") by which Consultant was required to provide the same basic services as was required in the Original Agreement and by which Consultant was to be paid on a time and materials basis. However, the Amended Agreement provided that the services were to be provided through June 1, 1991 and the compensation during said term was not to exceed an additional $10,000, all of which was to be paid for by the Applicant; and WHEREAS, the Consultant has reached the maximum amount of compensation provided for by the Original and Amended Agreement without further approval by the City Council; and WHEREAS, the City and Applicant are still in need of the planning services heretofore commenced by the Consultant in connection with the Palomar Trolley Center Project. It will be necessary for Applicant to compensate Consultant at Consultant's existing rate but that total compensation should not exceed $10,000; and WHEREAS, City, Applicant and Consultant are desirous and willing to contract according to the terms of this First Amendment to the Amended Agreement. \\~~ NOW, THEREFORE, the parties hereto do hereby agree as follows: The Amended Agreement is hereby amended in the following regards: 1. The term of the Amended Agreement is extended for an indefinite period of time and Consultant will continue to provide services at the rates indicated in the Amended Agreement until the City directs otherwise or the maximum compensation provided for is earned. 2. From and after the date of the Amendment, the Consultant will continue to provide services as described in the general and detailed Scope of Work in the Amended Agreement until the maximum compensation of $7,300 has been duly earned and billed by Consultant at which time the Consultant shall perform no further services under the Agreement without further approval of the City, by and through its City Council. 3. Applicant agrees to deposit with the City upon execution of this Agreemnt the sum of $10,000 which city agrees to retain for the purposes of compensating Consultant under the terms and conditions of this Amendment and for the purpose of paying the city an administrative charge equal to 7% of the compensation paid to Consultant, and in addition thereto, city is hereby authorized and agrees to pay Consultant the sum of $2,700 from said deposit for work performed by Consultant after the expiration of the Amended Agreement and prior to the execution of this Amendment. 4. All other terms and conditions of the Amended Agreement shall remain in full force and effect. THE CITY OF CHULA VISTA LETTIERI-MacINTYRE AND ASSOCIATES Mayor ed ~t PACIFIC SCENE, INC. Attest: City Attorney C:\AG\Let Mac Amen t\~(., ITEM TITLE: a) SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item 1'). ~ . i:- b) Meeting Date 12/17/91 Resolution 1\'~4.S Making findings on the petition for the Otay Rio Business Park Phase I Assessment District No. 89-3A Reso 1 ut i on /l.A \I (, Maki ng appoi ntments and approvi ng the Acquisition/Financing agreement for the Otay Rio Business Park - Phase I Assessment Di stri ct No. 89-3A and authori zi ng the mayor to execute said agreement Resolution 11..4L\1 Adopting a map showing the proposed boundaries of Assessment District No. 89-3A (Otay Rio Business Park - Phase I) Resolution 1101.(1\.~ Declaring intention to order the installation of certain improvements in a proposed assessment district; ordering the preparation of a report describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds for Assessment District No. 89-3A (Otay Rio Business Park - Phase I) Reso 1 ut i on Il..l.( 4 tj Pass i ng on the "report" of the Engineer, giving prel iminary approval, and setting a time and place for the public hearing for Assessment District No. 89-3A (Otay Rio Business par. k - ~~:sy) Di rector of P~b l,i c w~s (/V'" City Manager,\ '~7 l (4/5ths Vote: Yes_No...x-J c) d) e) v In mid-1989, the Chillingworth Corporation, developer of the Otay Rio Business Park, made a formal request to City staff to utilize an acquisition assessment district proceedings to finance the public improvements required for the Otay Rio Business Park. This item initiates the assessment district proceedings pursuant to Municipal Improvement Act of 1913. RECOMMENDATION: Adopt the resol utions and execute said agreement. Set the time and date of the public hearing for January 21, 1992 at 6:00 p.m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Tonight's action is the initial step in the formation of Special Assessment District No. 89-3A (Otay Rio Business Park - Phase I). Through the approval of these resolutions, the following will generally be accomplished: 1. The RESOLUTION MAKING FINDINGS ON THE PETITION is the formal acceptance of the property owner's request for assessment district financing of public improvements. \~-\ Page 2, Item 11. It -~ Meeting Date 12/17/91 2. The RESOLUTION MAKING APPOINTMENTS AND APPROVING THE ACQUISITION/ FINANCING AGREEMENT is the formal appointment of the Director of Public Works as Superintendent of Streets, makes other administrative appointments and approves the Acquisition/Financing Agreement. 3. The RESOLUTION APPROVING BOUNDARY MAP is the formal action establishing and approving boundaries of the proposed Assessment District. The boundary as proposed includes only Unit I of the Otay Rio Business Park. 4. The RESOLUTION DECLARING INTENTION is the jurisdictional Resolution under "1913 Act" proceedi ngs, decl ari ng intent to fi nance improvements through the issuance of bonds and declaring that the improvements are a benefit to the properties within the district. This resolution also directs the engineer-of-work, Willdan Associates, to prepare a report on the plans, specifications, cost estimate, assessment spread of the assessable costs and a description of the improvements. Further, it provides for the issuance of bonds on the project. 5. The RESOLUTION PASSING ON "REPORT" AND SETTING PUBLIC HEARING is the preliminary approval of the Engineer's "Report" as required in the previ ous reso 1 ut i on and sets the date, time and place for the pub 1 i c hearing. The Otay Rio Business Park is an industrial development of approximately 100 net acres located south of the Otay river approximately two miles east of 1-805. The development is occurring in two phases of approximately 50 acres each wi th Phase I pub 1 i c improvements now compl eted. Phase II is planned to be developed subsequently. The improvements constructed and to be acquired as a part of this proceedings i ncl ude streets, water system, sewer system, storm drains, and 1 andscape and irrigation system within Phase 1. The estimated cost of these improvements, including incidental costs, is $5,166,288. At the same time that the public improvements for Otay Rio Business Park were being constructed, the City was proceeding with the construction drawings and an assessment district cost spread for the Otay Valley Road improvement project. The proposed improvements cons i st of six 1 anes, a ra i sed medi an, curb, gutter, and sidewalk between 1-805 and Nirvana Ave., and four lanes with a median barrier from Nirvana Avenue east to the City boundary. At the City boundary, the four 1 anes trans it i on to three 1 anes and cont i nue south to the Otay Rio Business Park. The Otay Rio Business Park is included in the proposed Otay Valley Road Assessment District. Since the combined assessments for the Otay Rio Business Park improvements and the Otay Valley Road improvements would exceed the City's 3:1 lien ratio pol icy for the land in the Otay Rio Business Park, the amount to be assessed from the Otay Rio Business Park Assessment District is being adjusted to comply with said policy. Only $3,605,605 (equivalent to $67,295/acre or $1.54 per square foot) of the total cost of the Business Park improvements ($5,166,288) are proposed to be assessed to the land in Unit 1 of the Otay Rio Business Park. \1--2... Page 3, Item I2.A-t: Meeting Date 12/17/91 The next step in the assessment district proceedings is the public hearing. Adoption of tonight's resolution will set the time and date of the public hearing for January 21, 1992, at which time the district will be formed and the assessments will be levied. FISCAL IMPACT: The Developer has advanced all City expenses related to the proposed assessment district formation. In conformance with City pol icy on developer requested assessment di stri cts, the Chill i ngworth Corporation wi 11 deposit the origination charge of approximately $36,100 prior to the public hearing. The actual amount will be based on the Final Engineer's Report. WPC S818E LDT:AY-078 1')..-.3 J ,,,,. 'I- RESOLUTION NO. 1k:l445 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING FINDINGS ON PETITION FOR ASSESSMENT DISTRICT NO. 89-3A WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been presented by certain property owners an executed Petition requesting the installation of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said improvements to be installed pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 89-3A (hereinafter referred to as the "Assessment District"); and, J WHEREAS, it has been reported that said Petition contains the signatures of more than sixty percent (60\) of the property owners of the assessable area of the property to be subject to assessment for the proposed works of improvement. Said Petition meets the requ irements of Sect ions 2804 and 2804.5 of Division 4 of the Streets and Highways Code of the State of California. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That it is hereby found that said Petition has been signed by owners owning land constituting more than sixty percent (60\) of all assessable land within the boundaries of the proposed Assessment District, and said Petition meets the requirements of Sections 2804 and 2804.5 of Division 4 of the Streets and Highways Code of the State of California. SECTION 3. This legislative body hereby further finds and determines, based on written evidence submitted, that the total estimated amount of the proposed assessments will not exceed seventy- five percent (75\) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been installed. SECTION 4. That it is hereby further determined and found that said Petition has been signed by not only the property owners, as specified in Section 2804 of the Streets and Highways Code, but also any mortgagee or beneficiary under any such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. SECTION 5. That said Petition shall be filed with the transcript of these proceedings and shall remain open to public inspection. l;t - 5 Presented by Approved as to form by flAt John P. Lippitt Public Works Director Bruce M. Boogaard City Attorney PASSED, APPROVED, and ADOPTED of Chula Vista, California, this 1991, by the following vote: by the City Council of the City day of J AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council held on the day of , 1991. Executed this _____ day of , 1991. Beverly A. Authelet, City Clerk \)...~ RESOLUTION NO. JIt, Lll./ /, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING APPOINTMENTS AND APPROVING AGREEMENT IN ASSESSMENT DISTRICT NO. 89-3A WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the formation of a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, said special assessment district to be known and designated as ASSESSMENT DISTRICT NO. 89-3A (hereinafter referred to as the "Assessment District"); and, J WHEREAS, at this time, this legislative body is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law; and, WHEREAS, the Streets and Highways Code of the State of California, specifically the "Municipal Improvement Act of 1913", expressly authorizes the acquisition of any improvements that are authorized to be installed under said law, and the property owner, in order to proceed in a timely way with his development, desires to install and/or cause the installation of certain works of improve- ment; and, WHEREAS, at this time there has been submitted to this City Council for review and approval, an Acquisition/Financing Agreement setting forth certain terms and conditions, as well as estimated prices and quantities of work to be acquired and financed pursuant to the above-referenced Agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS, SECTION 1. That the above recitals are all true and correct. SECTION 2. That the DIRECTOR OF PUBLIC WORKS is hereby appointed to perform all of the duties and functions of the Superin- tendent of Streets as said duties are specified and designated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the above- referenced Assessment District. SECTION 3. That the place for recordation roll and diagram shall be in the Office of the Streets, and said assessment roll and diagram, shall be kept as a permanent record. of the assessment Superintendent of upon recordation, SECTION 4. That the STAR NEWS is hereby designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. ll.- '\ SECTION S. That the Acquisition/Financing Agreement, as submitted for the referenced Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION 6. That a copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. SECTION 7. That this legislative bOdy hereby establishes a special IMPROVEMENT FUND designated by the name and number of the Assessment District, and into said fund shall be placed all proceeds from the sale of bonds and cash collections. In order to expedite the improvements or acquisition under these proceedings and as authorized by law, funds from any available source may be trans- ferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs for the installation of the authorized public improvements, all as required and authorized by law, and specifically Section 10210 of the Streets and Highways Code of the State of California. J Presented by John P. Lippitt Public Works Director PASSED, APPROVED, and ADOPTED of Chula vista, California, this 1991, by the following vote: by the City Council of the City day of AYES: Councilmembers: NOES: Councilmernbers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk \1.. -8 /,3.... '1 ~ '1"t f .01;,.- 2. 3. 4. s. THE CITY OF CHUIA JIlSTA PARTY DISCLOSURE STATEMENT OTAY RIO BUSINESS PARK Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which wHl require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following Information must be disclosed: 1. List the names of all persons having a financial hlterest in the contract, i.e., contractor, subcontractor, material supplier. Ama19amated Citrus Growers The Chi11inqworth Corporation Mr. Sherwood Chi11inqworth If any person Identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. The Chillingworth Corporation and Amalgamated Citrus Growers, Inc. Sherwood Chi 11 i nqworth and NJ Real Estate Management andNJ Financial Corporation. Corp. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization 01' us trustee or beneficiary or trnstor of the trust. N/A I.lave you had more thun $250 worth of business transacted with flny membpr of the City :;tuff, Boards, Commissions, Committees and COllncil within the past twelve months? Yes ___ No ~ If yes, please indicate person(s): Plense identify each and every person, including any agents, employees, consultants or indep('.nuer1\ contructol'S who you have assigned to represent you before the Clty in this matt!;:r. __~~~~k Liebau . Mr. Thomas O. Meade Mr. Sherwood Chillingworth Mr. Paul Robinson Mr. Emmet Ber~rY 6. Have yO\! and/or your officers or agents, in the aggregate, contributed more than $1,000 to H Councilmember in the CUlTent or preceding election period'? Yes _ No JL If yes, state which COllllcilmember(s): rer~Q!] Is <Ieflned as: "AllY illdividual, /lmr, co-partnership,jolntl'el1ntl'e, associ{l[ion, social club, fraternal organization, corporalioll. esrale, t/'llst, receiver, syndlc(l(e, this ond any other county, city and COlllltl)', city, municipality, district Or other political mbdlvisioll, ('I' (/IlY othel' group Or combinatioll acting as a un/(.' (NOTE: Attach additIonal puges as necessary) Date: I.~ /8/1' /~ F. Jack Liebau rint or type name of contractor/applicant 11\""I..d: 11/301'101 ,^.) I:M:DISCLOSE.TXT] \)..- t1 ACTION BY WRITTEN CONSENT OF THE SOLE DIRECTOR OF AMALGAMATED CITRUS GROWERS, INC. The undersigned, being the sole Director of Amalgamated citrus Growers, Inc., a Florida corporation (the "Corporation"), does hereby consent to and adopt the following resolutions pursuant to section 607.134 of the Florida General Corporation Act: RESOLVED, that F. Jack Liebau, the President of corporation, be and he hereby is authorized and directed to execute and deliver in behalf of this corporation, as a joint Venturer in Otay Rio Business Park and Otay Rio Business Park II that, certain Peti tion For Special Assessment Proceeds, a copy of which is attached hereto, pertaining to establishment of a special assessment district which will finance the cost of certain improvements on that certain land owned by Otay Rio Business Park and Otay Rio Business Park II and located in the County of San Diego and having Assessor Parcel Numbers 645-021-01 through 645- 021-43. RESOLVED FURTHER, that F. Jack Liebau, the President of this Corporation be and he hereby is authorized and directed to execute and deliver in behalf of this Corporation, as a joint venturer in Otay Rio Business Park and Otay Rio Business Park II that certain Acquisition/Financing Agreement, a copy of which is attached hereto, pertaining the special assessment district described in the foregoing resolution. IN WITNESS WHEREOF, the undersigned has executed this Action by Written Consent of the Sole Director of Amalgamated citrus Growers, Inc. as of the 2nd day of December, 1991. ~~r:eL ll.-/D ACQUISITION/FINANCING AGREEMENT THIS AGREEMENT is made and entered into this 1991, by and between the CITY OF CHULA VISTA, California (hereinafter referred to as "City"), venture, and OTAY RIO BUSINESS PARK II, a joint referred to as "Property OWner"). day of a public agency of the State of OTAY RIO BUSINESS PARK, a joint venture (hereinafter collectively WHEREAS, the City is considering the formation of a special assessment district under the terms and conditions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the state of California, for the construction of certain public improvements, together with appurtenances and appurte- nant work within the jurisdictional limits of said City, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 89-3A (hereinafter referred to as the "Assessment District"); and, WHEREAS, Section 66462 of the Government Code of the State of California ("Subdivi- sion Map Act") expressly authorizes financing and completion of public improvements under an appropriate special assessment act, and Section 10102 of the Streets and Highways Code ("Municipal Improvement Act of 1913") expressly authorizes the acquisi- tion of any improvements authorized to be constructed under said law; and, WHEREAS, Property OWner, in order to proceed in a timely way with its development, desires to construct and has constructed certain public works of improvement that are to be included with the works of improvement for the Assessment District, namely, the improvements as set forth and described in the attached, referenced and incorporated Exhibit "A"; and, WHEREAS, the City and Property Owner are in agreement that said works of improvement within the Assessment District shall be included within the Assessment District at prices determined by said City to be reasonable; and, WHEREAS, it is the intent of this Agreement to provide that Property Owner shall, upon a successful confirmation of assessment and sale of bonds for the Assessment District, be paid for the works of improvement which are integral and a part of the Assessment District, as the prices as determined by the City; and, WHEREAS, the properties within the boundaries of the Assessment District will be assessed only for those portions of the works of improvement that benefit the proper- ties within the boundaries of the Assessment District, and this Acquisition/ Financing Agreement and payment for the works of improvement will apply to and only cover those portions of said works of improvement; and, WHEREAS, in performing under this Agreement, it is mutually understood that Property OWner is acting as an independent contractor and not an agent of the City, and City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Property OWner; and, WHEREAS, Property OWner shall be the owner of and retain title to all of the works of improvement constructed pursuant to this Agreement until such time as the City, \')..-1\ 1 acting pursuant to the provisions of the "Municipal Improvement Act of 1913", shall acquire such works of improvement. Upon such transfer, such improvements shall become the property of the public agency and/or regulated utility authorized to provide the service to the Assessment District; and, WHEREAS, the City has no objection to purchasing the improvements from said Property Owner, and Property OWner is desirous that the City purchase said improvements, and at this time said improvement8 are owned by Property OWner; and, WHEREAS, Property OWner hereby further agrees to indemnify and hold harmless the City of any challenge involving the validity or enforceability of this Agreement and Property OWner further agrees to defend or provide the monies in advances for any defense as it relates to a challenge to this Agreement; and, WHEREAS, City may, at its option, terminate this Agreement at any time if any legal challenge is filed relating to the validity or enforceability of this Agreement for these assessment district proceedings. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. That the above recitals are all true and correct. The City has no financial obligation to construct the improvements, and all expense for said improvements, including all incidentals thereto, shall be borne by owners of property within the Assessment District. That said City does intend to proceed with the adoption of a Resolution of Intention and the formation of a special Assessment District for the improvements above described. That the City agrees to acquire and finance through the use of special assessment proceedings, and Property Owner agrees to convey all completed improvements to the City, those improvements being all as set forth in the previously referenced Exhibit "A". Property Owner agrees to post with the City the required bonds to guarantee the performance of the work and payment of all labor and materials, said bonds to be in the amounts as determined by the City. Property Owner shall be responsible for the maintenance and shall maintain said improvements in a satisfactory condition prior to any final transfer and acceptance. No acquisition monies shall be paid until the described improvements to be acquired have been transferred free and clear of all liens, claims and encumbrances, and Property OWner does hereby indemnify the City against any liens, claims or encumbrances relating to said acquired improvements. \'1-12 2 SECTION 6. SECTION 7. SECTION 8. SECTION 9. The actual prices to be paid for said improvements are prices that the City believes to be reasonable and to represent benefit to properties within the Assessment District. The eBt~mated prices for the improve- ments are set forth in the previously referenced Exhibit "B". Final prices shall be based upon unit prices and quantities as determined by the City to be reasonable, and- no other costs and expenses shall be allowed unless expressly authorized by the legislative body of the city. The Property Owner shall provide all substantiating documentation and certifications of authenticity as requested by the City in the determi- nation of either the quantities of work constructed or the prices to be paid for such improvements. The estimated quantities set forth in the previously referenced Exhibit "B" shall be revised to reflect the actual quantities of works of improvement actually constructed at prices as determined by the City. Any final determination shall be made by the City as to the prices and quantities to be paid. The costs of acquisition shall also include the necessary engineering and related incidental expenses, including, but not limited to, the preparation of plans, specifications, bidding and all related documenta- tion. Said final costs and expenses are to be determined upon the completion of the works of improvement and certified by the City. The cost for said works of with the benefits received, for the Assessment District. improvement shall be spread in accordance as determined by the Assessment Engineer SECTION 10. All plans and specifications shall be submitted by the Property OWner, and all improvements shall be bid and constructed in full compliance with all applicable local rules and laws,- including the payment of prevailing wages. Property OWner agrees to keep records and to allow the City to review said records for all bids and contracts let for any of the improvements. City shall have the right to inspect all works of improvement as if said works of improvement were being constructed as a public works contract let by the City. SECTION 11. Upon execution of this Agreement and completion of the improvements, the City shall have the right to use said improvements as determined necessary and integral for the works of improvement within the Assess- ment District. SECTION 12. The acquisition monies, upon the sale of bonds, shall be distributed pursuant to written instructions executed by all persons having an interest in the property, as disclosed by a current title report. "Interested parties" shall consist of property owners as shown on the last equalized assessment roll for property taxes, as well as any beneficiaries under any existing deeds of trust. No cash distribution shall be made until all parties have executed the appropriate written instructions. \A.~ \ ~ SECTION 13. Acquisition monies may be withheld until all improvements required to be installed by the Property OWner have been completed, and a reason- able amount of monies due under this Agreement may be subsequently with- held to cover final possible corrections and/or adjustments in the work, said work to be accomplished subsequent to the confirmation of the assessment and sale of bonds. SECTION 14. This Agreement is contingent upon the confirmation of assessments and successful sale of bonds, and it shall be null and void if said bonds are not sold within a two (2) year period following the date of this Agreement, or any mutually agreed extension. SECTION 15. Property OWner hereby agrees to provide written notice to any potential purchasers of lots in a form satisfactory to City so advising the potential owner of the fact of the proposed or confirmed Assessment District, with said document being executed by the potential owner. Such notice shall be provided to the potential owner a reasonable time before the potential owner becomes contractually committed to purchase the lot so that the potential owner may knowingly consider the impact of the assessment in the decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be sent to the City. SECTION 16. Property Owner agrees to and shall assume the defense of, indemnify and hold harmless the city, its officers and agents, from any action, damages, claims or losses of any type resulting from this Agreement, including without 1 imi tat ion the design, engineering, construction bidding, award of the contract contract and construction of the improve- ments. No provision as contained herein shall in any way limit the extent of the responsibility of said Property Owner for payment of damages resulting from the construction of the improvements and/or any contractual relationships between Property OWner and contractor and/or subcontractors. SECTION 17. This Agreement is binding upon heirs, assigns, and successors-in- interest. SECTION lB. This Agreement, by its execution, amends and supercedes any terms and conditions that may be inconsistent in any previous agreement, includ- ing any subdivision improvement agreement, relating to the construc- tion, installation or financing of said improvements. SECTION 19. The prevailing party in any litigation relating to, interpreting or enforcing this Agreement, shall be entitled to reasonable attorney's fees as determined by the Court. \'2-~)~ 4 SECTION 20. This Agreement and the construction of the improvements shall be subject to all looal laws and ordinances relating to the requirement of improvement agreements, land division, -improvement security or other applicable development requirements. EXECUTED by and between the parties hereto on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CHULA VISTA STATE OF CAIFORNIA "PROPERTY OWNER" OTAY RIO BUSINESS PARK, a joint venture, THE CHILLINGWORTH CORPORATION, a Ca~ifornia c rporation By: I ~S ~-L ""'-L G--.o~ Robert H. McCrary, Jr. Senior Vice President AMALGAMATED CITRUS GROWERS, INC., a Florida corporation Jf- By: Director gC~~ IwrEiTN~NTi. lIMITiP, R ~alifgrRia ss.-psrati9n iro F. d'~...1. l.ielsal:l ~B18 Pir..........,..,.... \1..~15 5 OTAY RIO BUSINESS PARK II, a joint venture \~.l~ THE CHILLINGWORTH CORPORATION, a Ca orporation By: \ w.~\. AMALGAMATED CITRUS GROWERS, INC., a Florida corporation Robert H. McCrary, Jr. Senior Vice President By: 6 Director DESCRIPTION OF WORK ASSESSMENT DISTRICT 89-3A OTAY Rio BUSINESS PARK - UNIT 1 The general description of work to be acquired by this Assessment District consists of the following: 1. Street improvements consisting of grading, paving, curb, gutter, sidewalk, drainage facilities, sewer mains, water mains, fire hydrants, public utilities, landscaping, irrigation and street lights within the following rights-of-way: a) lItyt~gll~q - from its intersection with Olay Valley Road to the western boundary of Unit No. 1. b) ~R~~!~~~lm:'~~q - from its intersection with Olay Valley Road to the western boundary of Unit No.1. c) ~~~~~\iY~llps - from Olay Rio Road south to Spyglass Hill Road. d) fl~ll~gl~~:'~90YS - from Olay Rio Road south to Spyglass Hill Road. e) _.Yil!ax~ - from Olay Rio Road south to Spyglass Hill Road. 2. Storm drain and sewer improvements within the following easements: a) 20' wide sewer and storm drain easement at the western subdivision boundary of Unit I from Olay Rio Road north to Unit No. 1 subdivision boundary and a portion beyond. b) 25' wide storm drain easement from Olay Rio Road north to Unit No. 1 subdivision boundary and a portion beyond. c) 10' wide storm drain easement from Spyglass Hill Road south to Unit No. 1 subdivision boundary. d) 12' wide storm drain easement from Spyglass Hill Road south to Unit No. 1 subdivision boundary and a portion beyond. 3. Half-width street improvements within the City of Chula Visla in ~~~;il!Y~Yi:iql! from approximately the north subdivision boundary, south to approximately its intersection with Spyglass Hill Road. (Note: Those improvements within the County of San Diego are not eligible for reimbursement through Assessment District 89-3A) 4. ~.~'t'gm!)!11awJ1!t9&~mll in Olay Valley Road from Maxwell Road east approximately 2,800' and from this point south to Castle Pines Avenue within a 20' water easement. \J.-y, iii ii. "",-,.::.'::.'.:.".,:...,-,., ..... ...... ASS~~h{ENTJ)m~Sj'~?-3A. .. Ii OT AY. RIO~l)Sn<:E:S$g~..'UJlITI'I ii...i .... ~P.rEC1'~O$;I'S ...i> ................... ..... Construction Costs Grading $ 64,830 Street Improvements 947,815 Storm Drain Facilities 1,103,600 Landscaping & Irrigation 179,634 Undergrounding Utilities 268,786 Sewer Facilities 232,575 Water Facilities 633.519 Total Construction Cost $3,430,759 Incidental Costs Assessment Engineering $ 60 ,000 Design Engineering 269,028 Construction Supervision 361,629 Bond Counsel 39,427 Financial Consultant 60,500 Plan Check & Inspection Fees 255,939 Public Agency Project Management 19,500 Surveying & Staking 109,177 Improvement Bonds 57,132 Soils 120,430 Printing, Advertising, Posting 3,000 Bond Printing, Servicing, Reg. 10,000 City Administration Fees 25,000 Bond Discount (3%) 166,259 Reserve Fund (10%) 554.198 Total Incidental Cost $2,111,219 TOTAL TO ASSESSMENT $5,541,978 \ 7-.,1 ~ OT A Y RIO BUSINESS P ARI<'-UNIT 1 PROPOSED ASSESSMENT DISTRICT 89-3A 1--' I -......... .r . \ o -I ):> --<. ki :s "" - t1 ~ Q Lu f:::! V) "" (j ~ - ~ I ~ tt ~?YqASS PROPOSED ASSESSMENT DISTRICT BOUNDARY ""'.' 0 \\'ILLDAN ASSOCI^TES '_n!Ce>oI.........4._l.."""...._.. ~ ..,..,_...~. ---........,~_.- RESOLUTION NO. )~ 4 41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 89-3A WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been presented and has received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California1 said assess- ment district known and designated as ASSESSMENT DISTRICT NO. 89-3A (hereinafter referred to as the "Assessment District"). J NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That a map of the Assessment District showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed improvements designated as "PROPOSED BOUNDARIES OF ASSESS- MENT DISTRICT NO. 89-3" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. That the original map of said proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidenc- ing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the formation or extent of said Assessment District, a copy of said map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. Presented by Bruce M. Boogaar City Attorney John P. Lippitt Public Works Director ')..~'lt PASSED, APPROVED, and ADOPTED of Chula Vista, California, this 1991, by the following vote: by the City Council of the City day of AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: J ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council held on the day of , 1991. Executed this _____ day of , 1991. Beverly A. Authelet, City Clerk \~";(.2.. RESOLUTION NO. 11.44J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PRO- POSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS IN ASSESSMENT DISTRICT NO. 89-3A J THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest snd convenience require, and it is the intention of this body, pursuant to the provisions of Divi- sion 12 of the streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the installation of certain public improvements, together with appurtenances and appurte- nant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 89-3A (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The financing of certain public improvements described as street improvements consisting of grading, paving, curb, gutter, sidewalk, drainage facilities, sewer improvements, water mains, fire hydrants, public utilities, landscaping, irriga- tion and street lights, together with appurtenances and appurtenant work, to serve and benefit properties located within the boundaries of the Assessment District. B. be shown upon the these proceedings. said streets, rights-of-way and easements shall plans herein referred to and to be filed with c. All of said work and improvements are to be installed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer'S "Report" shall be controlling as to the correct and detailed description thereof. 1~'~3 E. Whenever any public way is hsrsin referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. F. Notice is hereby given of the fact that in many cases said work and improvement will bring ths finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. J DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. B9-3A", and which map was heretofore app- roved and which said map or diagram is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved and on file. REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to WILLDAN ASSOCIATES, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; \)...~'{ C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; J be installed E. under The description of the works of improvement to these proceedings, and acquisition, where necessary. When any portion or percentage of the cost and expenses of the improvements is to be paid from liJources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual propor- tion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and High- ways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. \:;t~;lS Refunding Any bonds issued pursuant to these proceedings and Division (a) may be refunded, (b) the interest rate on said bonds shall not exceed the maximum interest rate as authorized for these proceedings, and the number of years. to maturity shall not exceed the maximum number as authorized for these bonds unless a public hearing is expressly held as authorized pursuant to said Division 11.5, and (C) any adjustments in assessments resulting from any refundings will be done on a pro-rata basis. J Any authorized refunding shall be pursuant to the above conditions, and pursuant to the provisions and restrictions of Division 11. 5 of the Streets and Highways Code of the State of California, commencing with Section 9500, and all further conditions shall be set forth in the Bond Indenture to be approved prior to any issuance of bonds. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5\) of the total from the Improvement Fund; B. As a credit upon the assessment and any supple- mental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special improvement fund ident if led and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the improvements herein autho- rized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. \1...j..~ PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public will not be served by allowing the property owners to contract for the installation of the improvements, and authorized by law, no notice of award of contract published. interest take the that, as shall be GRADES J SECTION 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a descrip- tion of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: JOHN LIPPITT, PUBLIC WORKS DIRECTOR CITY OF CHULA VISTA P. o. BOX 1087 CHULA VISTA, CA 92012 TELEPHONE: (619) 691-5021 PUBLIC PROPERTY SECTION 11. All public property in the use and performance of a public function shall be omitted from assessment in these proceed- ings unless expressly provided and listed herein. NO CITY LIABILITY SECTION 12. This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the streets and Highways Code of the State of California, and said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". PETITION SECTION 13. That a petition signed by property owners repre- senting more than 60\ in area of the property subject to assessment for said improvement has been signed and filed with the legislative body, and no further proceedings or actions will be required under Division 4 of the Streets and Highways Code of the State of Califor- nia, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". 1t.'11 WORK ON PRIVATE PROPERTY SECTION 14. It is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. UTILITY IMPROVEMENTS ) SECTION 15. This legislative body, pursuant to the provisions of Streets and Highways Code Section 10110, proposes to enter into an agreement with a public agency or public utility where said facilities to be financed will be owned, managed and controlled by said other public agency or utility. The facilities to be financed under these proceedings include the construction of certain water improvements which will be under the ownership, management and control of the Otay Water District. For particulars as to the terms and conditions of said Agreement, a copy of said Agreement shall be, upon approval, on file in the Office of the City Clerk. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 16. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not other- wise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. Presented by John P. Lippitt Public Works Director PASSED, APPROVED, and ADOPTED of Chula Vista, California, this 1991, by the following vote: by the City Council of the City day of \1.. ~ ~~ RESOLUTION NO. I v~ 41 t1J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING IN ASSESSHENT DISTRICT NO. B9-3A WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has instituted proceedings for the installation of certain public works of improvement and appurtenances under provi- sions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSHENT DISTRICT NO. 89-3A (hereinafter referred to as the "Assessment District"); and, WHEREAS, there has been prepared and filed with the legislative body a "Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and this "Report" has been presented for consideration; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by the legislative body; and the "Report" as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows: A. That the plans and specifications for the proposed improvements to be made, contained in said "Report" be, and they are hereby preliminarily approved and adopted; B. That the Engineer'S estimate of the itemized and total costs and expenses of said acquisition, where necessary, and improvements, and of the incidental expenses in connection therew it h, contained in said "Report", be, and each of them are hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivi- sions of land within said Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions have been given a separate number upon said diagram, as contained in said "Report", be, and it is hereby prelimi- narily approved and adopted; ~;4- ~~ q'J-I 1~ ,I >, )1 , \ \ f'J \ D. That the proposed assessment upon the several subdivisions of land in said Assessment District, in proportion to the estimated benefits to be received by such subdivisions, respec- tively, from said acquisition and improvements, and of the inciden- tal expenses thereof, as contained in said "Report", be, and they are hereby preliminarily approved and adopted; E. That the maps and descriptions of the lands and easements to be acquired, as contained in said "Report" be, and the same are hereby preliminarily approved. SECTION 3. That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention. J SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 21ST DAY OF JANUARY, 1992, AT THE HOUR OF 6.00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 5. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the Assessment District, not more than 300 feet apart on each street so po~ted, but not less than 3 in all, notice of the passage of the Resolution of Intention and of this Resolution, all in accordance with the provisions of said Division 12. SECTION 6. That the City Clerk is hereby directed to give notice of said Public Hearing and of the passage of the Resolution of Intention and this Resolution by causing such notice to be published in accordance with Section 6066 of the Government Code, in the newspaper previously designated as the newspaper for all publica- tions as required by law and as necessary for completion of this Assessment District. SECTION 7. That the City Clerk is hereby directed to mail notice of said Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose' names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or as known to said city Clerk, and to all other persons as prescribed in accordance with the provisions of said Division 12. SECTION B. That the City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways code of the state of California. \1..'~o Presented by ~ John P. Lippitt Public Works Director Bruce M. Boogaard City Attorney J PASSED, APPROVED, and ADOPTED of Chula Vista, California, this 1991, by the following vote: by the City Council of the City day of AYES: Councilrnembers: NOES: Councilrnernbers: ABSENT: Councilmembers: ABSTAIN: Councilrnembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly California, was held on the A. Authelet, City Clerk of the City of Chula Vista, do hereby certify that the foregoing Resolution No. duly passed, approved, and adopted by the City Council day of , 1991. Executed this _____ day of , 1991. Beverly A. Authelet, City Clerk I~- ~ \ ITEM NUMBER: J~ ~ RESOLUTION NUMBER: "till C; ORDINANCE NUMBER: OTHER: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM DATE: (AGENDA PACKET SCANNED AT ABOVE DATE) ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: ,- 7- ,~ MISCELLANEOUS INFORMATION: '~e-\ COUNCIL AGENDA STATEMENT Item I ~ l\ - Co, Meeting Date 12/17/91 ITEM TITLE: a) Resolution 1~l.\SO Approving Final Map and Subdivision Improvement Agreement for Chul a Vi sta Tract 89-9 , Salt Creek I, Unit 4 b) Resolution 1t..4SI Approving Improvement Agreement Regardi ng the Mayor to execute same Resolution I ~~ S 'L Revising Condition 15 and deleting Condition 32 .."'/ Director of Publ ic Works (l(!v ( S, Director of Community~evelopmentli- City Manager / 1; j/ (4/5ths Vote: Yes_No...!..J (; Supplemental Subdivision Condition 11 and authorizing c) SUBMITTED BY: REVIEWED BY: On September 12, 1989, by Resolution 15299, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 89-9 - Salt Creek I. On that tentative map four phase boundaries were del ineated. Units 1-3 have been previously approved by Council. The final map for Unit 4 is now before Council for approval. RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located at the southwest corner of East H Street and Mt. Miguel Road (previously San Miguel Road) and consists of 13 lots containing 216 condominium units, 2 lettered lots for open space and one lettered lot for access control purposes. The fi na 1 map for Chul a Vi sta Tract 89-9 Salt Creek I, Unit 4 has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentat i ve Map. Approval of the fi na 1 map for Unit 4 constitutes acceptance on behalf of the public a portion of Mt. Miguel Road; Lots "A" and "B" for open space, public utilities and other public uses; Lot "C" for access control purposes adjacent to Mt. Miguel Road; and acceptance on behalf of the Ci ty of Chul a Vi sta of the easements wi th the ri ght of ingress and egress for the construct i on and maintenance of street tree planting along Mt. Mi gue 1 Road, sewer and general ut i 1 ity and access easements, all as shown on the subject map. The developer has previously entered into a supplemental subdivision improvement agreement which complies with conditions of approval 7, 13, 38, 39 and 50. A copy of the agreement is attached. The developer has also executed the subdivision improvement agreements, paid all applicable fees and has provided bonds to guarantee construction of the required improvements for said subdivision. All conditions of approval of the tentative map have been met with the exception of conditions 11, 15, 32(b) and, 37. \ :" \ Page 2, Item \; l\ . t, Meeting Date 12/17/91 Condition 11 required the developer to enter into an agreement to devote at least 10% of the project units to low and moderate income housing. By previous agreement with the developer, entered into at the time of approval of the final map for Units 1-3, the City had allowed shifting the burden of meeting this condition to the "attached housing area" (Unit 4 of the tentative map). The developer has now executed a supplemental subdivision improvement agreement wherei n it is agreed that the low and moderate income hous i ng wi 11 be provided in the "Condomi ni um Hous i ng Area" (shown as Future Urban Development Lot on the tentative map). Staff believes there is a greater opportuni ty to accommodate the low and moderate income hous i ng in thi s area due to the higher density designation of the parcel. The supplemental agreement requires the developer to enter into a further agreement with respect to the provision of affordable housing prior to approval of a final map for the parcel or prior to issuance of building permits should the parcel be developed as an apartment project. Condition 15 required that Mt. Miguel Road conform to City standards for a Class I collector street (94 feet of right-of-way minimum). At the time the tentative map was approved, Mt. Miguel Road was expected to be a major access road between EastLake Business Center to the south and Salt Creek Ranch to the north. Since then the Salt Creek Ranch development plan has been revised and this is no longer the case. Future extension of Mt. Miguel Road to the south will be 1 imited to the "Future Urban Development Lot" adjacent to Unit 4 shown on the Salt Creek I Tentat i ve Map and wi 11 termi nate in a cul-de- sac. Mt. Miguel Road will therefore transition from a Class I to a Class II collector street (72 feet of right-of-way minimum) south of East 'H' Street. It is proposed that the last sentence of the third paragraph of Condition 15 be deleted and replaced with the following: Proctor Valley Road shall conform to Ci ty standards for Cl ass I II collector streets. Mt. Miguel Road shall conform to City standards for Cl ass I coll ector streets and trans it i on to Class II coll ector street standards south of East 'H' Street. Location of the transition to be as determined by the City Engineer. Condition 32(b) required that the developer submit plans demonstrating the feasibil ity of the extension of Mt. Miguel Road. It is proposed that the condition be deleted since the street will not be a through street. Condition 36 was deleted and condition 31 and 37 were modified by Resolution 16164 approved May 14, 1991, copy of which is attached. Condition 31, granting of I-foot control lots, has been satisfied as modified. Compl iance with Condition 37 (that the developer enter into an agreement to deposit sewage in a foreign basin) will occur prior to occupancy of any residential unit within Unit 4. A plat is available for Council viewing. FISCAL IMPACT: Not applicable. WPC 5809E SE:EAF/EY-355 l ~-A. RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 4, ACCEPTING THE PUBLIC STREET DEDICATED ON SAID MAP, ACCEPTING THE OPEN SPACE LOTS GRANTED ON SAID MAP AND THE EASEMENTS GRANTED ON SAID MAP AND THE CONTROL LOT ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 89-9, Salt Creek I, Unit 4, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of Parcel Map No. 16033, in the City of Chula Vista, County of San Diego, State of California, filed in the Recorder's office of said county on March 22, 1990 Area: 24.41 acres Numbered Lots: 13 No. of Lots: 16 Lettered Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts the public street, to-wit: A portion of Mt. Miguel Road, and said street is hereby declared to be a public street and dedicated to the public use. BE IT FURTHER RESOLVED that said City Council hereby accepts the offer of dedication of Lots A and B for Open Space, public utilities and other public uses. BE IT FURTHER RESOLVED that said City Council hereby accepts the offer of dedication of Lot C for use as a control lot. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the city of Chula vista the easements with the right of ingress and egress for general utility and access, sewer and street tree planting and maintenance, all as offered and shown on said map within said SUbdivision, subject to the conditions set forth thereon. 1 \ ~o.." \ BE IT FURTHER RESOLVED that the city Clerk of the City of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said council, that said Council has approved said subdivision map, and that said public street is accepted on behalf of the public as heretofore stated and that said lots are dedicated for open Space and other public uses and that said lot is dedicated for control purposes and that those certain easements with the right of ingress and egress for general utility and access, sewer and the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision is accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated , for the completion of improvements in said sUbdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista be, and he is hereby authorized and direc ed to execute said agreement for and on behalf of the City of Ch 1 vista. John P. Lippitt, Director of Public Works Bruce M. Attorney Presented by 2 \~",,-Z. Recording Requested by: CITY CLERK when Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 NO transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and FN PROJECTS, INC., 11995 El Camino Real, Suite 102, San Diego, Ca. .92130 hereinafter called "subdivider": WIT N E SSE T H : ----------- WHEREAS, subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK 1 UNIT 4, Chula Vista Tract 89-9 pursuant to the provisions of the subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map: and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider' s own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and Form No. CA-410 Revised 11/90 -1- \~0--3> ~.,,"' ,,,,-t'7b ,. WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities ~s approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 15299 , approved on the ] 2t-h day of September , 19~("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 91-0592 throuqh 91-0606 inclusive , on file in the office of the City Engineer, and WHEREAS; an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $663,400.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Res.o1ution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("ImprOvement work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance bf the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. l3A ~ ~ -2- 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that subdivider will perform said Improvement work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, arid the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED DOLLARS ($331,700.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED DOLLARS ($331,700.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit .B", and made a part hereof. 8. subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THIRTY ONE THOUSAND TWO HUNDRED EIGHTY DOLLARS ($31,280.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit .C" and made a part hereof. -3- t~" - s 9. It is further agreed that if the Improvement Work is not completed wi thin the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by subdivider, and that subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines wi thin the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. -4- \ 3A - L.r, ., 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement secur ity shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) year s following the acceptance by the City of the improvements. 14. subdivider agrees to defend, indemnify, and hold harmless the City or 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, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. Mayor of the City of Chula vista C?c-=: ~~ THE CITY OF CHULA VISTA ATTEST App 00' J lty Attorney (Attach Notary Acknowledgment) -5- I "30. ~ I <, Exhibit "A" Exhibit "B" Exhibit "C" c;A f!1JD ~t- LIST OF EXHIBITS Improvement Security - Faithful Performance Form: Bond Amount: $331,700.00 Improvement security - Material and Labor: Form: Bond Amount: $331,700.00 Improvement security - Monuments: Form: Bond Amount: $31,280.00 amount by apPf Clty A Improvement Completion Date: Three (3) years approval of the Agreement from date of Council Subdivision Improvement 0156a -6- \30. - ~ m UJ=ECO SAFECO Nsuw.lCE CCM'ANY OF AMERICA GENERAL NSURANCE COv1PANY OF AMERICA FIRST NA TICNAl. NSURANCE COv1PANY OF AMERICA HeME OFFICE: SAFECO PlAZA SEATTLE. WASHNGT(JIj 98185 CONTRACT BOND - CAUFORNIA FAITHFUL PERFORMANCE - PUBLIC WORK Bond 554 5664 111I1101 ~IIIIII _gad for WI bond II :;;1.059.00 .....)oct to _~ _ _pletlon ef _roct . oppl_ r.to on f1.... _oct ....Ice. KNOW ALL BY THESE PRESENTS, That FN Proiects. Inc. 01 9800 S. Seou1veda Blvd.. Los Anp:e1es. CA .. PriDcipal, and !be SAFECO INSURANCE COMPANY OF AMERICA, a corporatioG organized and aiatiDg IIDder !be IaWI of !be State of W uhiDgloll ODd authorized to traDsact ......ty bus~ in !be State of Califoraia, u Surety, are held and firmly bouad uato City of Chu1a Vista 276 4th Avenue. Chu1a Vista. CA 92010 in the 8IIIl\ of Three Htmdred Thirty One Thousand Seven Htmdred and no/lOOths Dollarl ($331, 7fJO. 00 l, for the paymeat wbereof, well ODd truly to be made, ..id PriDcipal and Surety biad tbemaelvlO, !beir heirs, admiaiatrltora, ,"",c.."r. and ...igoo, joiatly and _ally, firmly by thaee rr-all. THE CONDmON OF THE FOREGOING OBUGATlON IS SUCH, That WHEREAS, !be aboYe-bouadea PriDcipal boo 8Ilterad iato a Coatract, datad Novanber 3 ,19 91 , with !be City of Chu1a Vista ; to do and parform !be followiag work, to-wit: I public improvement and/or land development Salt Creek I Unit 4, Chu1a Vista Tract 89-9 NOW, THEREFORE, if !be aboYe-bouadea Principal oball faithfully parform all !be provisioas of ..id Coatrect, thea this obligation oball be void; otherwise to remaia ia full force ODd effecl. I~ROVIDED FURTHER THAT, Aay wit UDder this bood mOlt be iaotituted before !be eapirstion of two (2) yeara from !be te of wbstaatial completion of the work to be parformad 1IDder!be Cootract. igaad and _lad this 8th day of November , 19 91 . I I I ! FN Projects, Inc. A~rA~ Or._ J., tPJJ~~4'5-1 ItSS7 .~€c.y SAFECO INSURANCE COMPANY OF AMERICA BY~ t7~ Rita A. Dempsey t - Foct ~EP R2 5170 PAINTED IN U.S.A. l?>,-,-q . m SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 5624 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint -------------RITA A. DEMPSEY; SYLVIA M. PEARSON, San Francisco, California---------- its true and lawful attorney{s).in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 171'h day of ~gpt-gmhgr . 19--8.l..-. CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Anicle V, Section 13. - FIDELITY AND SURETY BONDS. . . the President. any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking:' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Anicle V. Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof:" I. Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby cenify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 8th day of Novmber ,19 91 \~~-IO 5-1300 R5 3/86 PJ:l~~!~I;U.~~,~~ m SAFECD SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERIC, FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98'85 Bond No. 554 5664 CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS. That we, m Projects, Inc. and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the Jaws of the State of Washington Jl)d authllriud 10 t(~l)sact surety business in the State of California, as Surety, are held and fIrmly bound unto l,;~ty ot Gtnlla v~sta THE CONDITION OF THE FORECflf!:G OBLIGATION IS S~CHe1tat WHEREAS, the above-bounden Principal has entered into a contract, dated day of Nov er , I 9 ~~ with the Obligee to do and perform the following work, to-wit: public improvement and/or land develo}XlleIlt Salt Creek I Unit 4, Chula Vista Tract 89-9 NOW, THEREFORE, if the above-bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3 I 8 I of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or Jabor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her sub-contractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and Jabor, Surety will pay for the same, in an amount not exceetting the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fIXed by the court. This bond shall inure to the benefIt of any and all persons, companies or corporations entitled to me claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 8th day of Nove:nber 19 91 , - No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. ;/:;:::;h/~~p rl'l,~.h, 8dH '7 A~S7 ~f.cy ,7/80 \'?>"'. \ \ t I ~4.. 17- PRINTED IN U.5.P Bond No.: 554 5665 Premium: $156.00 HONUMENTATION BOND WHEREAS, The City of Chu1a vista, a municipal corporation of the County of San Diego, State of California, by its City Council, and FN Proiects. Inc., as Principal have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, including the setting of interior monuments by an engineer or surveyor prior to a certain date and identified as Project Salt Creek I Unit 4. Chula Vista Tract 89-9, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish certain security guaranteeing payment of the cost of setting such interior monuments. NOW, THEREFORE, said Principal and the undersigned, Safeco Insurance Comuanv of America, as Surety are held and firmly bound unto the City of Chula Vista and that engineer or surveyor, who set said interior monuments in the sum of Thirty One Thousand Two Hundred Eiahty and no/100ths Dollars ($31.280.00), for the services of setting said interior monuments; that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon the bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully enforcing such obligation, to be awarded and fixed by the Court, to be taxed as costs, and to be included in the judgment therein rendered. IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this bond shall inure to the benefit of said Engineer or Surveyor so as to give a right of action to it or its assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no extension of time for setting the interior monuments, or any alterations, changes or additions to the terms of said agreement, or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition; and hereby waives the defenses of the statutes of limitations, laches and estoppel for the grant or making of any said extensions, changes, alterations or addition to said agreement \~o--I~ , This bond is executed and filed in accordance with Section 66496 of the California Government Code, and applicable provisions of the City's Subdivision Regulations. IN WITNESS WHEREOF, said principal and said Surety have caused this bond to be duly executed this 8th day of November, 1991. trJd~~l!P I i I I j I , FN Projects, Inc. BY:_{],L'.tt..) COLd,l. d L 1 " 4'-.r.r r ~ E. C,Y Safeco Insurance Company of America BY:tf/lO.~ i a A. Dempsey, A or -in-Fact I~c'-. -Ii . . . , . m SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEA TILE. WASHINGTON 98185 No. 5624 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint -------------RITA A. DEMPSEY; SYLVIA M. PEARSON, San Francisco, California---------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 17th day of ~t:lopt-Q.mhQ.-r , 19--8.1-. CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS. . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys~in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the cours~ of its business. . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking:' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 2B, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of~attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By~Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation this 8th day of November ,19 91 \3>~ -\$ 5-' 300 R5 3/86 PRINTED IN USA RESOLUTION No._ll.,4 s 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REGARDING CONDITION 11 OF THE TENTATIVE MAP FOR CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 4 AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, Condition 11 for Chula vista Tract 89-9 required the developer to enter into an agreement to devote at least 10% of the project units to low and moderate income housing; and WHEREAS, the developer has now executed a subdivision improvement wherein it is agreed that moderate income housing will be provided in the Housing Area" shown as Future Urban Development tentative map. supplemental the low and "Condominium Lot on the NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement regarding Condition 11 of Chula vista Tract 89-9, Salt Creek I, Unit 4, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement for and on behalf of the City of Chula vista. John P. Lippitt, Director of Public Works ed a ~ , City Presented by Bruce M. Attorney C:\RS\SCI SSIA Unit 4 \ 3b - 1 / 13b - Z CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, CA. 91910 ) ) ) ) ) ) ) RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Above Space for Recorder's Use Only No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. FIRST AMENDMENT TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REGARDING CONDITION NO. 11 This First Amendment to supplemental Subdivision Improvement Agreement ("First Amendment") is made, for reference purposes only, as of , 1991, by and between THE CITY OF CHULA VISTA, California ("City") and FN PROJECTS, a California corporation ("Applicant") and is made with reference to the facts set forth below. RECITALS A. WHEREAS, the Applicant is the owner of real property consisting of approximately one hundred thirty (130) acres, located in Chula vista, California, which is diagrammatically presented in Exhibit "A", attached hereto and incorporated herein by reference ("Salt Creek I"); and B. WHEREAS, a tentative map ("Tentative Map) for the subdivision of Salt Creek I has been approved, subject to certain requirements and conditions, as contained in Resolution No. 15299, approved on September 12, 1989; and C. WHEREAS, Condition No. 11 of the Tentative Map requires the Applicant to "reach an agreement with the city to devote at least 10% 0 the project units (approximately 55 units) to low and moderate income housing"; and D. WHEREAS, the City and the Applicant entered into a Supplemental Subdivision Improvement Agreement known as document #C091-081 on May 14, 1991 and recorded at ("Supplemental Agreement") which shifted the burden of this Condition No. 11, as it applies to the Chula vista Tract 89-9, units 1, 2 and 3 ("Detached Housing Area") to the remainder of the 1 1:Jj,"3 property which is the subject matter of Salt Creek I ("Attached Housing Area"); E. WHEREAS, the Applicant desires to record a final map as to a section or part of Salt Creek I's Attached Housing Area, Chula vista Tract 89-9 unit 4; and F. WHEREAS, city is again willing to shift the burden of this Condition No. 11, as it applies to the Chula vista Tract 89-9 Uni t 4, to the remainder of the property which is the subj ect matter of Salt Creek I ("Condominium Housing Area"); and G. WHEREAS, the parties intend this Agreement to satisfy Condition No. 11 of the Tentative Map with respect to the Chula vista Tract 89-9 units 1, 2, 3 and 4 and specifically contemplate that a further agreement shall be entered into by the parties to address Condition No. 11 with respect to the remainder of the property ("Condominium Housing Area") . NOW, THEREFORE, it is mutually understood and agreed as follows: 1. Paragraph 1 of the supplemental Agreement is amended to read as follows: "1. Attached Housinq Area. city hereby agrees that Applicant shall be allowed to record a final subdivision map for the Chula vista Tract 89-9 Unit 4 without complying in advance with Condition No. 11. City hereby releases Chula vista Tract 89-9 Units 1, 2, 3 and 4 from the burden of Condition No. 11 and from the effect of the supplemental Agreement. Nothing contained herein, however, shall constitute a waiver or release of the City'S rights under Condition No. 11 as to the Condominium Housing Area. The burden of the covenant contained in the supplemental Subdivision Improvement Agreement regarding Condition No. 11 is hereby removed as to Unit 4, but will remain, as supplemented herewith, and continue to run with the land as to the remainder of the parcel, to wit: the Condominium Housing Area. However, at or prior to such time as Applicant seeks recordation of any final maps for the Condominium Housing Area or a building permit for a unit within the Condominium Housing Area, Applicant shall have, as a condition to the recordation of any such final maps or issuance of any such building permit, reached an agreement with the city ("Affordable Housing Agreement") to devote ten percent 10% of the total number of housing units permitted by the city to be built on all of Salt Creek I, including Chula vista Tract 89-9 Units 1, 2, 3 and 4 and the Condominium Housing Area( collectively "Total Salt Creek I Units") to low and moderate income housing units in the following ratio: 7-1/2% of Total Salt Creek I Units as moderate income housing units and 2-1/2% of Total Salt Creek I Units as low income housing units. As an example of 2 13b..l/ such allocation, assume the total number of housing units on the Salt Creek I Project is 523 and that the total has been determined as follows: 266 units have been permitted to be constructed in Units I, 2 and 3, 216 housing units have been permitted in unit 4 and 141 housing units have been permitted in the Condominium Housing Area. In such case, the Affordable Housing Agreement shall provide, inter alia, that Applicant shall devote 53 affordable housing units on the Condominium Housing Area, 3/4ths or 39, of which shall be devoted as moderate income housing units, and 1/4th, or 14, of which shall be devoted as low income housing units. city covenants that it will, upon recordation of this First Amendment, promptly meet and confer with Applicant and shall use good faith and best efforts to execute an Affordable Housing Agreement with Applicant within sixty (60) days of recordation of the final map for Chula vista Tract 89-9, unit 4." 2. Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. Any exhibits referenced in this Agreement are incorporated in this Agreement by reference. 3. Indemnification. FN projects understands and appreciates the city's concern over potential litigation arising out of the city's agreement to shift the burden of Condition No. 11 to the Condominium Parcel. City has no knowledge of any threatened litigation except as may be required or permitted by law. Accordingly, FN projects agrees to indemnify, hold harmless, and defend the City and its elected and appointed officers and employees from and against all actions, claims and damages (including attorneys' fees) resulting from the City'S agreement to shift the burden of Condition No. 11 to the Condominium Housing Area and to permit FN projects to devote ten percent of the total number of housing units in the Salt Creek I Project ("Total Salt Creek I Units") to low and moderate common housing units in the ratio of 7-1/2% of the Total Salt Creek I units to moderate income housing units and 2-1/2% of the Total Salt Creek units to low income housing units. In no event shall this obligation to indemnify, defend and hold the City harmless apply to any other actions which may be filed against the city relating to the satisfaction by FN projects of condition No. lIon the Condominium Parcel or otherwise related to the City'S Affordable Housing Program and application thereof. This indemnity obligation shall apply only to actions filed between the date of recordation of a final map for the townhome parcel (Unit 4) and the recordation of the affordable Housing Agreement. If no litigation or claim indemnified against has been then commenced, upon the recordation of such Agreement, the indemnity obligation set forth above shall terminate. 4. Effect of Modification. Except as amended hereby, all other terms of the Supplemental Agreement, including, wi thout limitation, those relating to recordation and applicability to successors remain in full force and effect as to the Condominium 3 J:Jb".5 Housing Area. The Supplemental Agreement shall be released and extinguished from the Chula vista Tract 89-9 units I, 2, 3 and 4. This First Amendment shall also be recorded. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the day and year first hereinabove set forth. Dated: , 1991. THE CITY OF CHULA VISTA By: Tim Nader, Its Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: , 1991 FN PROJECTS, a California corporation By: Its: C:\AG\SC Condition 11 4 /31/'& X-ter<\ ,-.1.13 ReJ,\<'f.J (.:,)-1(" RECORDING REQUESTED BY: ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula vista, CA. 91910 ) Above Space for Recorder's Use only No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. FIRST AMENDMENT TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REGARDING CONDITION NO. 11 This First Amendment to Supplemental Subdivision Improvement Agreement ("First Amendment") is made, for reference purposes only, as of December 17, 1991, by and between THE CITY OF CHULA VISTA, California ("City") and FN PROJECTS, a california corporation ("Applicant") and is made with reference to the facts set forth below. RECITALS A. WHEREAS, the Applicant is the owner of real property consisting of approximately one hundred thirty (130) acres, located in Chula vista, California, which is diagrammatically presented in Exhibit "A", attached hereto and incorporated herein by reference ("Salt Creek I"); and B. WHEREAS, a tentative map ("Tentative Map) for the subdivision of Salt Creek I has been approved, subject to certain requirements and conditions, as contained in Resolution No. 15299, approved on september 12, 1989; and C. WHEREAS, Condition No. 11 of the Tentative Map requires the Applicant to "reach an agreement with the city to devote at least 10% of the project units (approximately 55 units) to low and moderate income housing"; and D. WHEREAS, the City and the Applicant entered into a Supplemental subdivision Improvement Agreement known as document #C091-081 on May 14, 1991 and recorded at the Office of the county Recorder of San Diego County on June 18, 1991 as file/page number 91-0292169 ("Supplemental Agreement") which shifted the burden of ssiafn11. wp December 13, 1991 Supp. Agmt. re Condo 11 on Unit No. 4 Page 1 /3b /7 this Condition No. 11, as it applies to the Chula Vista Tract 89-9, Units 1, 2 and 3 ("Detached Housing Area") to the remainder of the property which is the subject matter of Salt Creek I ("Attached Housing Area"); E. WHEREAS, the Applicant desires to record a final map as to a section or part of Salt Creek I's Attached Housing Area, Chula vista Tract 89-9 Unit 4; and F. WHEREAS, city is again willing to shift the burden of this Condition No. 11, as it applies to the Chula vista Tract 89-9 Unit 4, to the remainder of the property which is the subject matter of Salt Creek I ("Condominium Housing Area"); and G. WHEREAS, the parties intend this Agreement to satisfy Condition No. 11 of the Tentative Map with respect to the Chula vista Tract 89-9 Units 1, 2, 3 and 4 and specifically contemplate that a further agreement shall be entered into by the parties to address Condition No. 11 with respect to the remainder of the property ("Condominium Housing Area"). NOW, THEREFORE, it is mutually understood and agreed as follows: 1. Paragraph 1 of the Supplemental Agreement is amended to read as follows: "1. Attached Housinq Area. city hereby agrees that Applicant shall be allowed to record a final subdivision map for the Chula vista Tract 89-9 Unit 4 without complying in advance with Condition No. 11. City hereby releases Chula vista Tract 89-9 Units 1, 2, 3 and 4 from the burden of Condition No. 11 and from the effect of the Supplemental Agreement. Nothing contained herein, however, shall constitute a waiver or release of the City's rights under Condition No. 11 as to the Condominium Housing Area. The burden of the covenant contained in the Supplemental Subdivision Improvement Agreement regarding Condition No. 11 is hereby removed as to Unit 4, but will remain, as supplemented herewith, and continue to run with the land as to the remainder of the parcel, to wit: the Condominium Housing Area. However, at or prior to such time as Applicant seeks recordation of any final maps for the Condominium Housing Area or a building permit for a unit within the Condominium Housing Area, Applicant shall have, as a condition to the recordation of any such final maps or issuance of any such building permit, reached an agreement with the City ("Affordable Housing Agreement") to devote, or otherwise provide, a number of units equal to ten percent 10% of the total number of housing units permitted by the city to be built on all of Salt Creek I, including Chula vista Tract 89-9 Units 1, ssiafnll.wp December 13, 1991 Supp. Agmt. re Condo 11 on Unit No. 4 Page 2 ) Jb / f{ 2, 3 and 4 and the Condominium Housing Area( collectively "Total Salt Creek I Units") to low and moderate income housing units in the fol.l.owing ratio: 7-l./2% of Total. Sal.t Creek I units as moderate income housing units and 2-l./2% of Total. Sal.t Creek I units as low income housing units. As an example of such allocation, assume the total number of housing units on the Salt Creek I Project is 523 and that the total. has been determined as foll.ows: l.66 units have been permitted to be constructed in Units 1, 2 and 3, 216 housing units have been permitted in Unit 4 and 141 housing units have been permitted in the Condominium Housing Area. In such case, the Affordable Housing Agreement shall provide, inter alia, that Applicant shall devote 52 affordable housing units on the Condominium Housing Area, 3/4ths or 39, of which shall be devoted as moderate income housing units, and 1/4th, or 13, of which shall be devoted as low income housing units. City covenants that it will, upon recordation of this First Amendment, promptl.y meet and confer with Applicant and shall use good faith and best efforts to execute an Affordable Housing Agreement with Applicant within sixty (60) days of recordation of the final map for Chula vista Tract 89-9, Unit 4." 2. Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. Any exhibits referenced in this Agreement are incorporated in this Agreement by reference. 3. Indemnification. Applicant understands and appreciates the City'S concern over potential litigation arising out of the City'S agreement to shift the burden of Condition No. 11 to the condominium Housing Area. City has no knowl.edge of any such threatened l.i tigation. Accordingl.y, Applicant agrees to indemnify, hold harmless, and defend the city and its elected and appointed officers and employees from and against all actions, claims and damages (including attorneys' fees) resulting from the city's agreement to shift the burden of Condition No. 11 to the Condominium Housing Area and to permit Applicant to devote ten percent of the total number of housing units in the Salt Creek I Project ("Total Salt creek I Units") to low and moderate common housing units in the ratio of 7-1/2% of the Total Salt Creek I Units to moderate income housing units and 2-1/2% of the Total Salt Creek Units to low income housing units. In no event shall this obligation to indemnify, defend and hold the City harmless apply to any other actions which may be filed against the City relating to the satisfaction by Applicant of Condition No. 11 on the condominium Housing Area or otherwise related to the city's Affordable Housing Program and application thereof. This indemnity obligation shall apply only to actions filed between the date of recordation of a final map for the townbome parcel (Unit 4) and the recordation of the Affordable Housing Agreement. If no litigation or claim indemnified against has been then filed, upon the recordation of such Agreement, the indemnity obligation set forth ssiafnl1.wp December 13, 1991 Supp. Agmt. re Condo 11 on Unit No. 4 Page 3 /3b/ / above shall terminate. 4. Effect of Modification. Except as amended hereby, all other terms of the Supplemental Agreement, including, without limitation, those relating to recordation and applicability to successors remain in full force and effect as to the condominium Housing Area. The Supplemental Agreement shall be released and extinguished from the Chula vista Tract 89-9 Units 1, 2, 3 and 4. This First Amendment shall also be recorded. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the day and year first hereinabove set forth. Dated: , 1991. THE CITY OF CHULA VISTA By: Tim Nader, Its Mayor Attest: Beverly Authelet, city Clerk Approved as to form: Bruce M. Boogaard, city Attorney Dated: , 1991 FN PROJECTS, a California corporation By: Its: C:\AG\SC Condition 11 ssiafn11.wp December 13, 1991 Supp. Agmt. re Condo 11 on unit No. 4 page 4 ))b~/{j RESOLUTION NO. 1&15';' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISING CONDITION 15 AND DELETING CONDITION 32 OF THE TENTATIVE MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 4 WHEREAS, Condition 15 of the Tentative Map for Chula Vista Tract 89-9, Salt Creed I, unit 4, required that Mt. Miguel Road conform to City standards for a Class I collector street; and WHEREAS, at the time the tentative map was approved, Mt. Miguel Road was expected to be a major access road between EastLake Business Center to the south and Salt Creek Ranch to the north; and WHEREAS, the Salt Creek Ranch development plan has been revised and the future extension of Mt. Miguel Road to the south will be limited to the "Future Urban Development Lot" adjacent to unit 4 shown on the Salt Creek I Tentative Map and will terminate in a cul-de-sac; and WHEREAS, Mt. Miguel Road will therefore transition from a Class I to a Class II collector street south of East H Street; and WHEREAS, it is proposed that the last sentence of the third paragraph of Condition 15 be deleted and replaced with the following: Proctor Valley Road shall conform to city standards for Class III collector streets. Mt. Miguel Road shall conform to City standards for Class I collector streets and transition to Class II collector street standards south of East H Street. Location of the transition to be as determined by the city Engineer. WHEREAS, Condition 32 (b) required that the developer submit plans demonstrating the feasibility of the extension of Mt. Miguel Road and it is proposed that the condition be deleted since the street will not bea through street. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Chula vista does hereby revise Condition 15 of the Tentative Map for Chula vista Trct 89-9 alt Cree I, Unit 4 as set forth hereinabove and delete Condi 10 32 ther Presented by John P. Lippitt, Director of Public Works C:\Rs\SC Condition 15 1:3 C-I COUNCIL AGENDA STATEMENT ITEM TITLE: Item 1'1 Meeting Date lo/IY91 Report on Water Master Plan study for Eastern Chula vista SUBMITTED BY: Resolution authorizing a study to Evaluate the otay Water District Master Plan and the cost effectiveness of their future plans as it relates to the Chula vista General Plan Area and, if necessary, to determine remedial action, and appropriate funds therefor ci ty Manager 04 ~~ (4/sths vote: Yes-X-- NO___) About two years ago, when you adopted the General Plan, you expressed concerns about water availability, supply, storage and quality, as well as proper planning for the total infrastructure of the community. Since then, I have given you reports over the past few years dealing with water issues facing Chula vista as this relates to the otay Water District. In summary of those reports, I think it has been recognized by both those in the County Water Authority and other water districts that, over the long term, the otay Water District has not shown a proficiency for future planning. In the past, the District had the reputation of "living off the pipeline." As you know, the Otay Water District has had a reputation, and probably will continue to have a reputation, of having higher costs than the other major water provider in Chula vista, the Sweetwater Authori ty. This is in part because of new facilities being constructed by otay,whereas the Sweetwater Authority facilities are pretty much in place. On the other hand, Sweetwater has an older system, which is requiring major maintenance expenditures as compared to the part of the otay Water District in Chula vista which does not. In recent years, we believed that there had been a major effort to turn that around, with the hiring of new General Manager, and with the planning of the District infrastructure, including the preparation of a new Master Plan for the District. However, recent events have focused new concern over the planning and cost efficiency decisions of the otay Water District, and the general impact this will have in Chula vista and its environs. I pl-j :Item 11 Meetinq Date 12-17-91 While the OWD has finally prepared a draft master plan for its district operations (a copy of which we have received only recently), it has not yet prepared an Environmental Impact Report for this plan, and yet are beginning to implement portions of it, such as the purchase of some 49 acres from the Baldwin to construct a tank farm. While there may be a good reason for this purchase (it certainly was a good economic deal for the district), it appears to Staff, as lay observers, that this is a much more expensive way to accomplish water storage than obtaining lake storage rights by working with the Sweetwater Authority or the City of San Diego. Because of this action by the District, especially without evaluating the economics of other alternatives, at least from what we have been able to determine, we have a concern that present and future Chula vista water ratepayers may be spending millions of unnecessary, extra dollars in developing water infrastructure just for these water projects, compared to other infrastructure needs that will be required to build this part of the community. This ultimately will mean higher costs for property owners coming into the community. It should be pointed out that this is an area of concern and that the Otay Water District is now willing, apparently after the fact, to prepare an EIR on the land acquisition for the Tank Farm. While this is all well and good, it would be good public policy to develop additional independent data as to whether or not the action of buying land and ultimately building such a massive tank farm, is going to be in the best interest of the overall public. The above comments are made recognizing that the City and City staff are not water experts, and at this point we are only raising concerns which we feel should be addressed because these actions may have significant impact on the overall cost of infrastructure in developing new areas to the east of the city. RECOMMENDATION 1. Authorize staff to conduct a two phase study of the impacts of recent actions of Otay Water District, the first phase of which is to determine if the planned facilities are adequate and the most cost effective to be able to keep the costs to current and future Chula vista customers at the lowest possible level. If phase I determines that there are negative adverse cost impacts on the development of Chula vista by actions of the District, then the City Manager is authorized to conduct phase II which is to determine options for the City including developing significant detailed information to 2 1'1-,,2 Item I L/ Meeting Date 12-17-91 respond to the two ErR's which hopefully will be prepared by the District. 2. Authorize the city Attorney to commence litigation against the Otay Water District to require them to a) rescind the action to purchase the 49 acre reservoir site, b) conduct a master plan of their water system, c) conduct an EIR on their Master plan and d) conduct an EIR on the proposed reservoir site. 3. Appropriate $50,000 for the CEQA suit and $110,000, $10,000 for phase I and $100,000 for phase II for the Water Master Plan. BOARD/COMMISSION RECOMMENDATION N/A DISCUSSION As stated above, staff has been concerned for several years about the ability of otay to advance plan their facilities to provide water when needed and at the lowest costs to our citizens. It wasn't until a new Director arrived two years ago that they were able to enter into a contract with a consulting firm to complete a master plan. We have recently learned that it is an adopted policy of OWD to provide a 5 day, 380 Million Gallons, of terminal storage in concrete storage tanks. They also purchased a 49 acre site from Baldwin without an EIR, and are planning to purchase additional property from EastLake. Based upon advise from water Engineers and staff from other water purveyors, this much concrete storage is too costly and difficult to maintain the water quality. Chula vista does not have staff that are experts in the water service business. But staff is concerned that Otay is giving adequate and economical service to our existing and future citizens. staff believes it prudent to hire experts to guide us in evaluating Otay's plans. The problem is that if these alternatives are too expensive, it will take resources away from other major infrastructure needs such as sewer, streets, schools, parks, libraries and fire stations. Tank site ErR The District Counsel has indicated by letter that they will do an EIR on the Master Plan. Also, the otay Water District has tentatively agreed to perform an EIR for the tank site purchase. They have not agreed to rescind the purchase nor have they agreed to place themselves in the same unbiased position they would have 3 ItI~:J Item I '-I Meetinq Date 12-17-91 been in had they environmentally reviewed the Master Plan and the Tank Farm purchase prior to acquisition. Our legal advisors believe it in the best interest of the city to file a lawsuit prior to the expiration of the CEQA statute of Limitation to achieve the following: 1) Perform an EIR on the 49 acre tank design on the storage reservoir. alternative sites and alternative storage. farm site prior This would solutions to to any include concrete 2) complete the Master Plan for their facilities. 3) Perform an EIR on the Master Plan, analysis. including cost benefit 4) Rescind the purchase with Baldwin, or agreement with Baldwin to let either deal. at least enter into an party back out of the conclusion There may be concerns that Otay Water District is moving in the wrong direction in implementing Terminal storage facilities. They have just completed a Draft Master Plan for the District. However, an EIR for the Master Plan needs to be accomplished prior to its adoption. Also, the District is purchasing land for Terminal storage facilities prior to the Master Plan being adopted and environmental review being conducted. The Master Plan shows approximately $225 million in capital improvements to be installed during the next 10 years. Of that amount, $118 million (over 50%) is for terminal storage alone. I believe other options for terminal storage should be considered and we should retain expertise to review their Master Plan. FISCAL IMPACT There will be an immediate cost to the General Fund of $10,000 for the first phase of the study. The litigation and the second phase of the study is expected not to exceed $160,000. However, there could be savings to the public that could exceed several million dollars over the next 10 years if a less costly alternative for terminal storage is found. 4 1'/-'1 !I'I-6 RESOLUTION NO. 1~'If3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A STUDY TO EVALUATE THE OTAY MUNCIPAL WATER DISTRICT MASTER PLAN AND THE COST EFFECTIVENESS OF THEIR FUTURE pLAN AS IT RELATES TO THE CHULA VISTA GENERAL pLAN AREA AND, IF NECESSARY, TO DETERMINE REMEDIAL ACTION AND APPROPRIATING FUNDS THEREFOR NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Chula vista does hereby resolve, order, determine and find as follows: section 1. The city Manager is hereby directed to conduct a two phase water study of the management and planning of the otay Municipal Water District within the city's planning area, the first phase of which is to determine if the facilities planned for said area are adequate to provide a high quality of water service at the most cost effective price to Chula vista customers. If Phase I of the study determines, in the city Manager's sole discretion, that the otay Municipal Water District is not planning and operating their system facilities in the city's planning area in order to deliver high quality water at a cost effective price, then the city Manager is authorized to conduct Phase 2 of the study, the purpose of which is to prepare a recommended implementation plan designed to remedy the inadequacies in said system. The city Manager is hereby authorized to take any and all actions he deems necessary to properly present an implementation plan to the city council for their review and approval. Section 2. Authorize the city Attorney to commence litigation against the otay Municipal Water District to require them to (a) rescind their purchase of the 50 acre reservoir site; (b) require them to conduct a Master Plan of their water system; (c) require them to perform an environmental impact review on their Master plan prior to engaging in any design and/or construction on the reservoir site; and (d) require them to perform an environmental impact report on the proposed reservoir site acquisition; and to obtain such other relief as the city Attorney shall deem appropriate. Section 3. The city council hereby appropriates from the unappropriated balance of the General Fund reserves of the city $50,000 to Account No. 100-0150-5202 for the CEQA litigation and $110,000, $10,000 for Phase 1 and $100,000 fo phase 2 of the study. ~ovvle presented by !~ John Goss, city Manager Bruce M. Boogaa torney 10/",5 Iie-r" 148 Re..N..!.eO ,..)-1(., RESOLUTION NO. 16453 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A STUDY TO EVALUATE THE OTAY MUNCIPAL WATER DISTRICT MASTER PLAN AND THE COST EFFECTIVENESS OF THEIR FUTURE PLAN AS IT RELATES TO THE CHULA VISTA GENERAL PLAN AREA AND, IF NECESSARY, TO DETERMINE REMEDIAL ACTION AND APPROPRIATING FUNDS THEREFOR NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby resolve, order, determine and find as follows: Section 1. The City Manager is hereby directed to conduct a two phase water study of the management and planning of the Otay Municipal Water District within the City'S planning area, the first phase of which is to determine if the facilities planned for said area are adequate to provide a high quality of water service at the most cost effective price to Chula vista customers. If Phase 1 of the study determines, in the City Manager's sole discretion, that the otay Municipal Water District is not planning and operating their system facilities in the City'S planning area in order to deliver high quality water at a cost effective price, then the city Manager is authorized to conduct Phase 2 of the study, the purpose of which is to prepare a recommended implementation plan designed to remedy the inadequacies in said system. The City Manager is hereby authorized to take any and all actions he deems necessary to properly present an implementation plan to the City Council for their review and approval. section 2. Authorize the City Attorney to commence litigation against the Otay Municipal Water District to require them to (a) rescind their purchase of the 50 acre reservoir site; (b) require them to conduct a Master Plan of their water system; (c) require them to perform an environmental impact review on their Master Plan prior to engaging in any design and/or construction on the reservoir site; and (d) require them to perform an environmental impact report on the proposed reservoir site acquisition; and to obtain such other relief as the City Attorney shall deem appropriate. Section 3. The city Council hereby appropriates from the unappropriated balance of the General Fund reserves of the city $50,000 to Account No. 100-0150-5202 for the CEQA litigation and $110,000 for Phase 1 and Phase 2 of the tudy to count No. 100- 0210-5201. 11;/' 7 l.ty Attorney Presented by John Goss, City Manager > \\-7 0\t'b ." \ '. d-.. \ \ l\ \', \r\\ . ...'~Dcrli('(lkd fo COHumlllitlJ ,~ritl"i('(' 10595 JAMACHA BOULEVARD, SPRING VALLEY, CALIFORNIA 91977 TELEPHONE: 670-2222, AREA CODE 619 December 17, 1991 Mayor Tim Nader and City Council Members City of Chu1a vista 276 Fourth Avenue Chula vista, CA 91910 Dear Mayor Nader and Council Members: Last week the District received two written communications from the City: one was a letter from the Mayor stating that we need to continue to work cooperatively in our efforts to increase water storage facilities to achieve the required ten day emergency storage capability, and the other was a Staff Report recommending that the City sue the District for its efforts to increase water storage facilities to achieve the required ten day emergency storage capability. We are disappointed and confused with the position taken by Staff in this matter. Two weeks ago a Board subcommittee met with a Council subcommittee in an attempt to mend fences and to set the stage for better cooperation between our two entities in the future. City Staff insisted on being at that meeting. When one of the Council members raised a po- tential compromise solution, City Staff interrupted to as- sure us that it was Staff that spoke for the entire Council and the Council member spoke only for himself. Despite the fact that the City's General Plan for this area includes text calling for adequate water facilities, Staff insists that storage is inconsistent with the General Plan. Staff's position in this regard is very rigid and hardline. While one Council member has described the General Plan for this area as "obsolete" when explaining the city's decision to commit an open space area to the University of Califor- nia, Staff treats the General Plan as a sacred document etched in stone. Your Staff has urged that you initiate litigation against the District to: a) rescind the action to purchase the 49 acre reser- voir site, b) conduct a master plan of their water system, c) conduct an ErR on their master plan, and d) conduct an ErR on the proposed reservoir site. 1~-8 City of Chula vista December 17, 1991 Page -2- This is misleading. The lawsuit is for one purpose and for one purpose only. That is to rescind the purchase of the 49 acre site. otay has agreed to all the other conditions and no lawsuit is necessary to accomplish them. Regardless of whether this land is used for storage, lever- age in negotiations with the City of San Diego and Sweetwa- ter Authority for open storage, or is sold to finance facil- ities, it will accrue to the benefit of our mutual con- stituents. It is hypocritical of staff to complain about alleged "higher costs" from otay and then seek to void a transaction which was extremely favorable to the District and its customers. A cost comparison is attached to this letter for your review. It shows that otay's costs are very comparable to other water agencies in the county. Sweetwater Authority does have the advantage of having a large open reservoir upstream from its service area. That reservoir is not upstream from eastern Chula vista. Water stored in Sweetwater Reservoir would have to be treated and pumped upstream to eastern Chula vista. The same problem applies to otay Lakes. For the water to be usable, there would have to be a treatment plant and pumping facilities to take it upstream to eastern Chula vista. This is a very unique point in time for both the City and the District. The District has recently developed its draft Master Plan for future water facilities and the City is de- veloping its new plan for the otay Ranch. There is a once in a lifetime opportunity for us to coordinate our planning efforts so that all public facilities that are necessary for this area are provided. If ever there was a time for coop- eration, this is it. Instead, without even the courtesy of a response, comment or criticism to the District's draft Master Plan and without providing the District a copy of the City's "Water Plan for otay Ranch", Staff now urges litiga- tion and the expenditure of $110,000 to begin yet another study. The District hired Black & Veatch, a nationally renowned ex- pert consulting firm in water supply to prepare its master plan at a cost of $155,000. The draft plan recommends five days covered storage and negotiations to obtain five days of open storage in either Sweetwater Reservoir or otay Lakes. For purposes of comparison, Sweetwater Authority also has a policy for an equivalent of five days of covered storage even though it has a reservoir upstream from its service area and a treatment plant on the reservoir (Sweetwater's II/ - q city of Chula vista December 12, 1991 Page -3- policy is actually for two days maximum storage plus fire flow which is equal to otay's five days of averaqe storage). city staff has already retained an outside law firm to han- dle this litigation and that law firm has already made dis- covery demands upon the District. The District requests that the city council intervene and attempt to get the rela- tionship between our mutual entities back into a cooperative mode for the benefit of our mutual constituents. Sincerely, Js;:d ~ Keith Lewinger General Manager 11/ -If) Olay Water District RESIDENTIAL WATER RATE COMPARISON Representative billing for 2 month period * OTAY W.O. HEUX W.O. Fixed Charge $17.00 $15.25 POWAY $11.98 SWEETWATER VALLECITOS $11.50 $13.90 VISTA IRRIG. $20.80 10 Units Purchased Water Charge _ n_!l.9&~ _ _ __ _ ~_ ~!!q,4__ _ _n __$.1 EL _ _ _ _ _ j!1..&5n n__ __$ll~!! ____n _ !1..9,-4Q _ __. Total $27.65 $24.29 $23.70 $22.55 $23.20 $31.20 15 Units Purchased Water Charge _ _ n !1.!l:?~ _ _ _ _ _ _ _t15.,?-! n _ _ _ _ _$.1I.~8n _ _ _ _ _ jg~5n _ _ _ _ _ j!.6",1] n _ _ n _ !1Ji,-6Q _ _ _. Total $33.75 $29.54 $29.56 $29.25 $30.07 $36.40 .... ~ , .... ..... 20 Units Purchased Water Charge __ _ _ !~'-~ _ ____ __t111'E1.___ ___ _$.?;!.~_ _ _ _ ___jg1:'!.5_ _ _ __ __ j?4"'2.?______ _ !~,-8Q ___. Total $39.85 $34.79 $35.42 $35.95 $38.12 $41.60 25 Units Purchased Water Charge _ _ n !2.!lJl~ _ _ _ n nt25.1!! _ _ n _ _ _$.?!!.;!On _ _ _ _ _ ~1...: 1....5_ _ n _ _ _ j;!2",2L _ n _ _ _ !2.!l,-65 _ _ _. Total $45.95. $40.04 $41.28 $42.65 $46.17 $47.44 30 U nits Purchased Water Charge un !3'pj~ _ n__ nt3Q.QL_ _ ___ _$2~.!6_ n ____~l!:?0_ _ _ __ _ _M2",6.9n nn _ !3J,-65 n_. Total $52.45 $45.29 $47.14 $49.70 $56.50 $53.44 35 Units Purchased Water Charge _ _ _ _!4J Jl~ _ _ _ _ _ _ _~E'.?!! _ _ _ _ _ _ _$1!.!!2_ _ _ _ _ _ _ M!!:?5_ _ _ _ _ _ _ j~",5.9 _ _ _ _ _ _ _ !3.!l,-65 _ _ _. Total $58.95 $50.54 $53.00 $56.75 $67.40 $59.44 * Only the fixed charge ('system fee', 'capacity fee', etc.) and the commodity charge for water are reflected in this comparison. 'Pumping' charges and/or other variable charges are not Included. \ ' " \\; IJ \'0\ d... \,-., '" '\ \"-' \ ('I \ \.':1'-\ " ...Dr(!i('(l{u{ ~(1 (~nn1l\'1lH1if{J r.~(',~l'i(,C 10595 JAMACHA BOULEVARD, SPRING VALLEY, CALIFORNIA 91977 TELEPHONE: 670-2222, AREA CODE 619 ....... December 17, 1991 Bruce M. Boogaard, Esq. City Attorney City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 Re: CEQA Review for Water storage Project Dear Bruce: In your report to the city Council you requested that Coun- cil authorize you to commence litigation against otay in order to: a) Rescind the action to purchase the 49-acre reser- voir site: b) Conduct a Master Plan of their water system: c) Conduct an EIR on their Master Plan: and d) Conduct an EIR on the proposed reservoir site. As I have previously told you, we already agreed to b), c) and d). We have already prepared a draft Master Plan for the water system. Copies have been distributed to John Lippitt and to Tony Letteri. We have already retained Woodward and Clyde to prepare the EIR on this draft Master Plan and we are negotiating with Woodward and Clyde to incorporate the EIR on the proposed reservoir site into the EIR on the Master Plan. The preparation of the Master Plan and the EIR for the Mas- ter Plan were not specifically included in the Settlement Agreement because the District has already committed to doing those outside of this dispute. Nevertheless, at your request, I have amended the Settlement Agreement to include them (see section 2.3). /;-11- Bruce M. Boogaard, Esq. Page Two December 17, 1991 The only issue outstanding is the issue of rescission. We do not think it is in the interest of the District, its cus- tomers or the City to require rescission. It will result in a financial loss to our mutual constituents. Hopefully this will satisfy the concerns of your client. Enclosure TJH/nes II/..Jj SETTLEMENT AGREEMENT BETWEEN OTAY WATER DISTRICT AND THE CITY OF CHULA VISTA This Agreement made this day of December, 1991, between otay Water District (hereinafter "Otay") and the City of Chu1a vista ("hereinafter "city") is entered into in view of the following facts and for the following purposes. R E C I TAL S A. On November 19, 1991, Otay purchased approximately 50 acres of land within the city of Chula vista for the purpose of constructing a terminal water storage facility. Otay prepared a Negative Declaration in association with this purchase. B. The city believes that the above project could have a significant adverse impact on the environment and that an EIR should have been prepared. C. The city is willing to forego any right it may have to bring legal challenge to the adequacy of the environmental review for said project in consideration for Otay preparing an EIR. NOW, THEREFORE, for in and consideration of the mutual covenants and agreements hereinafter stated and the performance thereof, the parties mutually agree as follows: 1. Recitals. 1.1 The parties to this Agreement agree the above recitals are true and correct and hereby incorporate them by ref- erence. 2. preoaration of EIR. 2.1 Otay agrees that it will prepare an EIR in associ- ation with its purchase of approximately 50 acres of land from Il/.'''' 1 the Baldwin vista Associates in the vicinity of proposed Palomar Road and proposed SR 125. Said EIR shall contain a consideration of alternative sites and alternative projects to provide emer- gency water service to the eastern area of Chula vista. 2.2 Said EIR shall be prepared prior to any design or construction work associated with terminal storage facilities at this site. 2.3 otay agrees to prepare a Master Plan and to pre- pare an Environmental Impact Report prior to adoption of said Master Plan. 3. Resolution of Litiaation. 3.1 City shall forbear from institution of litigation against otay with prejudice related to any inadequacy of otay's environmental review prior to the acquisition of this property. 3.2 This Agreement finally resolves only the CEQA issues raised by the acquisition of the property and does not include the design or construction of any facilities. Nothing herein shall be deemed to waive the right of the City to seek legal/judicial relief for such violations of CEQA or other law not expressly addressed herein as City might believe to be appro- priate in the future, including but not limited to challenging the adequacy of the Environmental Impact Report to be adopted by otay. 5. Entire Aareement. This Agreement represents the entire agreement between the parties and supersedes and replaces any prior discussions and prior drafts of the Agreement. II/-IS' 2 6. Aoolicable Law. This Agreement shall be interpreted and enforced according to the laws of the state of California. 7. Venue. In the event of any litigation to interpret or enforce the terms of this Agreement, venue shall be proper in the County of San Diego. 8. Warranty of Authoritv. Each of the undersigned represents and warrants that he or she has full authority to execute this settlement agreement on behalf of the party indicated and that execution of this agree- ment had been approved by his or her Board of Directors of leg- islative body. NOW, THEREFORE, the Parties hereto, having read and under- stood the terms and conditions of this Agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. CITY OF CHULA VISTA Attest: By: Tim Nader, its Mayor Beverly Authelet, city Clerk Approved as to form: Bruce M. Boogaard City Attorney OTAY WATER DISTRICT By: Keith Lewinger General Manager Approved as to form: Thomas J. Harron General Counsel /J!-IJ, 3 Jtt~ I Y From the Office of the City Attorney city of Chula vista Memorandum Date: December 18, 1991 From: Bruce M. Boogaard, city Attorney Voice Phone: 691-5037 Telecopier: 691-5214 To: Tom Harron, Esq. cc: John Goss sid Morris John Lippitt Bob Lieter cc: Honorable Mayor and Council Re: Otay Municipal Water District Tank Farm Project Land Acquisition In our conversation this date, I realized that we may have some lattitude for settlement of the litigation aspect of this matter. However, please recognize that time has not permitted me to have obtained any prior authority to offer to settle on these terms and I would have to clear it with administration and council if it is acceptable to your client. Regardless of the suit, I am confident that the Council will still want to proceed with the study they have in mind. The concept is this: If the District will recognize our superior authority with regard to the General Plan for the area, and if the city determines, after the Master Plan EIR, that the Project is not consistent with the General Plan, the District would agree not to construct the Project at that location and offer it for sale. Please see Government Code section 65401 and 65402. If this is acceptable, I may be able to get the council to back away from the recission issue. You seemed generally agreeable to the rest of the terms. The attached draft is a rewrite, marked to show my changes. Please let me know if this is the basis for further negotiation. First Discussion Draft Settlement Agreement with Otay Municipai Water District 1. Parties This Agreement ("Agreement") is made this December 18, 1991 for the purposes of reference only and effective as of the date last executed by the parties, and is made between the City of Chula vista, a chartered municipality of the State of California ("city"), and the Otay Municipal Water District, a municioal water district of the State of California, ("District") as follows: 2. Recitals A. Property--the 49 acres of land acauired from Baldwin in November. 1991. B. Project--the tank farm oroiect on the Prooertv. C. Master Plan--the orovision of water to the territory of the Otav Municioal Water District. D. contentions of Parties (1) "Planning Area" E. Settlement Intent 3. Obligations A. Master Plan Duty (1) District will complete and adopt a plan for the overall provision of water to within its territory prior to commencing design of the Project on the property ("Master Plan"). (2) District will perform an economic study on the Master Plan facilities, including but not limited to, a cost/benefit analysis, prior to certifica- tion of the Master Plan EIR. (3) City should have a right of review and comment on District's Master Plan. owd9.wp December 18, 1991 Second Version, Proposed Settlement Terms Page 1 (4) Planning Coordination. District agrees that, with regard to the selection and improvement of future sites for capital improvement projects within the City's Planning Area, to coordinate its planning process with the city's planning process. B. Master Plan EIR (1) District will do, or cause to be done. an EIR on the Master Plan prior to commencing design of the Project, and the city will be designated as a Responsible Agency. (2) Master Plan EIR Schedule. District shall use aood faith and best efforts to complete the draft EIR within months of the signing of this Agreement, and the~inal EIR within months of completion of the draft EIR. It shall be District's respon- sibility to ensure the schedule is adhered to. In the event that the schedule falls 60 days or more behind, District shall take appropriate action to get the project on schedule. (3) Required components of Master Plan EIR (a) Alternative sites-- (b) Alternative Technologies--The Master Plan shall consider lake storaae as one of the alternative means of nrovidina terminal storaae. (4) City will have the right of input at the following critical stages of EIR development: (a) (b) (c) (d) (e) owd9.wp December 18, 1991 the scope of the EIR; the qualifications and selection of outside consultants by District; the description of the alternatives as required by this Agreement to assure conformance with the terms of this Agreement; all draft work products as received by District either from outside consultants or prepared in-house; any draft EIR at the screen check or other pre-public release phase. Second Version, Proposed Settlement Terms Page 2 (f) any comments received on the draft EIR after the same is released for public review; (g) all proposed responses to comments received on the draft EIR before such responses are placed in final form; (h) the proposed final EIR when it is finalized and transmitted to District Board; (i) any proposed CEQA findings while the same are in a draft stage, including but not limited to, findings: i. on the feasibility of mitigation measures; ii. on the feasibility of alternatives; iii. on mitigation and monitoring programs; and iv. on any statement of overriding considerations; and (j) the final draft of any CEQA findings when the same are transmitted to District for final consideration. (k) Upon notice from District that all pre-draft EIR work under (d), (h), and (i), above, has been completed, the Parties referenced above shall have the statutory time to give any comments on the work product to date, and said comments shall be included in the record of proceedings. C. Determination of Pro;ect's Consistencv with the city's General Plan. 11l At the conclusion of the EIR on the Master Plan. the city shall. within 120 days thereafter. make a determination. reasonablY exercised. of the consistency of the Pro;ect with the city's General Plan. . III If the city shall determine that the Pro;ect is inconsistent with the city's General Plan. the District shall not construct the Pro;ect on the ProDerty. and shall offer the ProDerty for sale on owd9.wp December 18, 1991 Second Version, Proposed Settlement Terms Page 3 the "open market". If the citv shall determine that the proiect is consistent with the citv's General Plan. the District will thereafter perform the Proiect EIR Dutv reauired bv this Aqreement. D. Project EIR Duty (1) District will perform an EIR on the Project ("Project EIR") after completion of the Master Plan EIR. (2) city will be designated as a Responsible Agency. (3) Project EIR Schedule. District shall complete the draft EIR within months of certification of the Master Plan EIR and adoption of the Master Plan, and the final EIR within months of completion of the draft EIR. It shall be District's responsibility to ensure the schedule is adhered to. In the event that the schedule falls 60 days or more behind, District shall take appropriate action to get the project on schedule. (4) Required Components of Project EIR (a) Alternative sites (b) Alternative Technologies--The EIR shall consider lake storaae as a alternative means of providina terminal storaae. (5) City will have the right of input at the following critical stages of Project EIR development: (a) (b) (c) (d) (e) owd9.wp December 18, 1991 the scope of the EIR; the qualifications and selection of outside consultants by District; the description of the alternatives as required by this Agreement to assure conformance with the terms of this Agreement; all draft work products as received by District either from outside consultants or prepared in-house; any draft EIR at the screen check or other pre-public release phase. Second Version, Proposed Settlement Terms Page 4 (f) any comments received on the draft EIR after the same is released for public review; (g) all proposed responses to comments received on the draft EIR before such responses are placed in final form; (h) the proposed final EIR when it is finalized and transmitted to District Board; (i) any proposed CEQA findings while the same are in a draft stage, including but not limited to, findings: i. on the feasibility of mitigation measures; ii. on the feasibility of alternatives; iii. on mitigation and monitoring programs; and iv. on any statement of overriding considerations; and -c (j) the final draft of any CEQA findings when the same are transmitted to District for final consideration. (k) Upon notice from District that all pre-draft EIR work under (d), (h), and (il, above, has been completed, the Parties referenced above shall have the statutory time to give any comments on the work product to date, and said comments shall be included in the record of proceedings. (() Bi5~riet ~ill ~eftder Bilateral ri~ht af reeiaaieR t.a BalBi-liB, aRa Balle fJssd fait.h effer't 't8 fJet same aeeept.ed, euc.reiaasle if alJS aiEjflifieaRt. impaet.a ideRt.ifiea.. (7) District will agree to comparable land swaps with city and other property owners as City may be able to convince to participate as necessary to mitigate impacts from project. E. District shall consider dedication of the Tank Farm Surface to City for Park Use. owd9.wp December 18, 1991 Second version, Proposed Settlement Terms Page 5 (1) City Holds District Harmless from all liability related to park use. (2) Cost for making it useable as Park absorbed by District. 4. Resolution of Litigation A. Agreement to Forbear suit city shall forebear from institution of litigation against District with prejudice as to the CEQA cause of action for failure to conduct an EIR on the Project prior to the acquisition of the Property. B. Retention of Authority to Sue On other CEQA Grounds This Agreement finally resolves only the CEQA issue of the acquisition of the Property without having performed an EIR, not the design or construction of the project. Nothing herein shall be deemed to waive the right of the City to seek legal/judicial relief for such violations of CEQA or other law not expressly addressed herein, as City might believe to be appropriate in the future, including but not limited to, challenging the adequacy of the Environmental Impact Report to be adopted by District. 5. Entire Agreement This agreement represents the entire agreement between the Parties and supersedes and replaces any prior discussions and prior drafts of the agreement. 6. Applicable Law This agreement shall be interpreted and enforced according to the laws of the State of California. 7. Venue In the event of any litigation to interpret or enforce the terms of this agreement, venue shall be proper in the county of San Diego. 8. Warranty of Authority Each of the undersigned represents and warrants that he or she has full authority to execute this settlement agreement on behalf of the party indicated and that execution of this agreement has been approved by his or her Board of Directors or legislative body. owd9.wp December 18, 1991 Second Version, proposed Settlement Terms Page 6 (End of Page. Next Page is Signature Page.) owd9.wp December 18, 1991 Second Version, Proposed Settlement Terms Page 7 signature Pages to Settlement Agreement Now therefore, the Parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: December 18, 1991 city of Chula vista by: Tim Nader, its Mayor Attest: Beverly Authelet, city Clerk Approved as to Form: Bruce M. Boogaard, City Attorney Dated: otay Municipal Water District, by: Approved as to Form: Tom Haron, General Counsel owd9.wp December 18, 1991 Second Version, Proposed Settlement Terms Page 8 12/17/91 15=47 z: 1 619 67121 2258 OTRY WRTER DIST. p.e2 ~\i,~ \ ~ ..."DNlir,o(ull(J e(Jl\lInul\iI~ ~rJ\I'I('e 10S9S JAMACHA BOULEvARD, SPRING VALLEY, CALIFORNIA 91977 TelEPHONE: 670-2222, AREA CODE 61" December 17, 1991 Mayor Tim Nader and city council Members city of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader and Council Members: Last week the District received two written communications from the city: one was a letter from the Mayor stating that we need to continue to work cooperatively in our efforts to increase water storage facilities to achieve the required ten day emergency storage capability, and the other was a staff Report reoommending that the city sue the District for its efforts to increase water storage faoilities to achieve the required ten day emergency storage capability. We are disappointed and confused with the position taken by Staff in this matter. Two weeks ago a Board subcommittee met with a Council suboommittee in an attempt to mend fences and to set the stage for better cooperation between our two entities in the future. city Staff insisted on being at that meeting. When one of the council members raised a po- tential compromise solution, City Staff interrupted to as- sure us that it was staff that spoke for the entire Council and the Counoil member spoke only for himself. Despite the fact that the City's General Plan for this area includes text calling for adequate water facilities, Staff insists that storage is inconsistent with the General Plan. Staff's position in this regard is very rigid and hardline. While one Council member has described the General Plan for this area as "obsolete" when explaining the city's decision to commit an open space area to the University of Califor- nia, staff treats the General Plan as a sacred document etched in stone. Your staff has urged that you initiate litigation against the District to: a) rescind the action to purchase the 49 acre reser- voir site, b) conduct a master plan of their water system, c) conduct an EIR on their master plan, and d) conduct an EIR on the proposed reservoir site. 12/17/91 1~;:49 S 1 619 670 2258 OT~Y W~TER DlST. P.03 City of Chula Vista Deoember 17, 1991 Page -2- This is misleadin9' The lawsuit is for one purpose and for one purpose only. That is to rescind the purchase of the 49 acre site. otay has agreed to all the other conditions and no lawsuit is neoessary to accomplish them. Regardless of whether this land is used for storage, lever- age in negotiations with the city of San Die90 and Sweetwa- ter Authority for open storage, or is sold to finance facil- ities, it will aocrue to the benefit of our mutual con- stituents. It is hypooritical of Staff'to complain about alleged "higher costs" from otay and then seek to voieS a transaotion whioh was extremely favorable to the District aneS its customers. A cost comparison is attached to this letter for your review. It shows that Otay's oosts are very comparable to other water agencies in the County. Sweetwater Authority does have the advantage of having a large open reservoir upstream from its service area. That reservoir is DQt upstream from eastern Chula Vista. Water stored in Sweetwater Reservoir would have to be treated and pumped upstream to eastern Chu1a vista. The same problem applies to Otay Lakes. For the water to be usable, there would have to be a treatment plant and pumping faoi1ities to take it upstream to eastern Chu1a Vista. This is a very unique point in time for both the City and the Distriot. The Distriot has recently eSeve10ped its draft Master Plan for future water facilities and the city is de- veloping its new plan for the otay Ranch. There is a once in a lifetime opportunity for us to coordinate our planning efforts so that all public facilities that are necessary for this area are provided. If ever there was a time for coop- eration, this is it. Instead, without even the courtesy of a response, comment or criticism to the District's eSraft Master Plan and without providing the District a copy of the City's "Water Plan for otay Ranoh", Staff now urges litiga- tion and the expenditure of $110,000 to begin yet another study. The District hired Black & Veatch, a nationally renowned ex- pert consulting firm in water supply to prepare its master plan at a oost of $155,000. The draft plan recommends five eSays covered storage and negotiations to obtain five days of open storage in either Sweetwater Reservoir or otay Lakes. For purposes of comparison, Sweetwater Authority also has a policy for an equivalent of five days of covered storage even though it has a reservoir upstream from its service area aneS a treatment plant on the reservoir (Sweetwater's 12/17/91 15:50 :II 1 619 670 2258 OT~Y W~TER DI5T. City of Chu1a Vista December 12, 1991 paqe -3- policy is actually for two days maximum storage plus fire flow which is equal to Otay's five days of averaae storage). City staff has already retained an outside law firm to han- dle this litigation and that law firm has already made dis- covery demands upon the District. The District requests that the City Council intervene and attempt to get the rela- tionship between our mutual entities back into a cooperative mode for the benefit of our mutual constituents. Sincerely, ;s;:d ~ Keith Lewinger General Manager P.04 . - \ 0Iay Water DIslrIcl RESlDEN11AL WATER RATE COMPARISON Representative bl71ing for 2 month period * Fixed Charge OTAYW.D. $17.00 HELIX W.O. $15.25 POWAY $11.98 SWEElWATER VAUECITOS- V1STAIRRlG. - N , $11.50 $13.90 $20.80 - " , '" 10 UnIIs Pun:hued Wmer~ ~---t~~~-----~_~~_______~~t~______J!~~________~~_______l~~~___. Total $27.65 $24.29 $23.70 $22.55 $23.20 $31.20 - '-" '-" .. 15 Unlls Purchased Wmer Charge _ _ _ _ t'.!>:?;! _ _ _ _:... _ _ ~~.~ ___ _ _ _ _$.:!!:~_ __ _ _ _ _ J!t ~5 _ _ __ __ _ j!.6.:.1] __ __ _ _ _11Ji~6Q _ _ _. Total $33.75 $29.54 $29.56 $29.25 $30.07 $38.40 DI 20 Unlls Purchased WaterCharge __ __ ~~_______~~.M_____ __~.~__ __ __ ~'!:~__ _ ____~4.:.?,?___ __ __~~8Q ___. Total $39.85 $34.79 $35.42 $35.95 $38.12 $41.60 .. '" 25 Unlls P..-chased Wmer Charge _ _ _ _ ~~ ______ _ ;2~.1!1. _ __ _ _ __~.;!O_ _ _ _ _ _ _ _$;!~ 1.5_ _ _ _ _ _ _ ~.:.21_ _ ___ __ ~~ _ __. Total $45.95 - $40.04 $41.28 $42.65. $46..17 $47.44 .. " .. N N co 00 30 Units Purchased Wmer~ __ __ ~~l!_______;'lg..Qi_______~~.!l!..__ ___ __~~_______~2.:.E!l_______l3~___. Total $52.45 $45.29 $47.14 $49.70 $56.50 $53.44 o -< D -< 35 Unlls P&rchIsed Wmer Charge _ _ _ _ ~J ~9l! _ _ _ _ _ _ _~.g!! ___ __ _ _~!.Q2_ _ _ ____ ~~5 _ _ __ ___ ~.:.5!l___ ___ _l3Jl~~ _ __. Total $58.95 $50.54 $53.00 $56.75 $67.40 $59.44 E D -< m '" '" * Onfy the fixed charge ('system fee'. 'capacity fee~ etc.) and the commodity charge for water are reflected in this comparison. 'Pumping' charges and/or other variable charges are not Included. '" -< " .. '-" COUNCIL AGENDA STATEMENT Item /5 Meeting Date 12/17/91 ITEM TITLE: REPORT CURRENT STATUS OF TRAILER PARKS CLOSING IN THE CITY SUBMITTED BY: Community Development Director City Manager & iP)" 1. k,J 0~~' REVIEWED BY: (4/5ths Vote: Yes _ No X> BACKGROUND: Presently two trailer parks are in the process of closing. Applications have been submitted to the Community Development Director; however, both applications are incomplete. Therefore, the Community Development Director has notified the owner of Twin Palms Trailer Park that the closure could not be approved effective January 15, 1992 as requested. The earliest date for the closure of both parks is April 1992. RECOMMENDATION: That the Council accept the report as presented. BOARDS/COMMlSSIONS RECOMMENDATlON: Not applicable. DISCUSSION: At its November 19, 1991 Council meeting, in response to several issues raised by residents being displaced due to trailer park closures, the City Council directed staff to: I. Determine the pros and cons of the City becoming involved in assisting with relocation. 2. To provide the residents of Twin Palms and Palomar Trailer park with a written notice on the status of their park as it relates to the City's relocation ordinance. 3. Contact every park owner in the City to determine the availability of space in other parks. 4. Investigate the possibility of granting a variance to the K.O.A. in order to allow displaced residents to relocate to the K.O.A. The City's responsibility under the ordinance is to review evidence submitted by the park owner that he/she has complied with the relocation assistance requirements. Both park owners have submitted applications to the Community Development Director requesting approval for the closure/conversation of the trailer parks. As stated in the Ordinance, prior to the Director permitting the cessation of use of a trailer park, evidence that agreements satisfying the \S ~ I Page 2, Item Meeting Date 12/17/91 relocation assistance requirements have been offered to each eligible mobilehome/traileroccupant must be submitted. Such evidence has not been received by staff to date. Twin Palms had requested an approval to close January 15, 1992. Due to the fact that the application is deemed incomplete at this time, the Community Development Director has advised the park owner that he cannot permit a closing date for January as requested. It is likely that if all required documentation is submitted by February, that the park may be permitted to close in April 1992. The Council may wish to consider directing staff to be more involved in the closure procedure by participating in the park owner/resident meeting to explain the ordinance and the benefits established within the guidelines of the ordinance. Staff time and constraints would need to be considered before making a commitment of direct involvement with the resident relocation. However, staff involvement would make it easier to determine if the residents, in fact, are being successfully relocated and are actually receiving the assistance as required. It is recommended that this issue be further explored and a recommendation be brought to the Council whether or not to amend the existing ordinance. As to the Agency participating financially, our initial reaction is that the funds are limited, affordable housing need must be looked at on a City-wide basis. It may not be appropriate for the Agency to take on a financial obligation in this instance when it appears to be the owners responsibility. The Council has requested staff to send a letter to all of the residents of Twin Palms and Palomar Trailer Park advising of the current status of the respective park closure. This letter has been mailed out. Staff has attempted to contact 32 parks in Chula Vista to determine the availability of spaces at other parks. Of the 21 parks which have responded, two (2) available spaces have been found (one 8'x32' space at Flamingo MHP, available 2/1/92; one 12'x40' space atFarmhouse Motel and Trailer Park). Two vacant spaces were also identified at Rose Arbor, but they have already been reserved for two trailers being relocated from Palomar Trailer Park. Staff has met with the owners of the K.O.A. to look at whether or not they would have interest in a variance to permit permanent spaces for displaced mobilehomes. The owner has indicated that he would be willing to consider providing existing spaces to seniors at the campground temporarily for up to three years at which time he would rely on the City to relocate those mobilehomesltrailer occupants. In order to accommodate a "relocatee", the size of the home cannot exceed 10' x50'. Staff will continue to explore the possibility of utilizing the K.A.O. as a potential relocation site. FISCAL IMPACT: It is not known what the cost would be if the responsibility to relocate mobilehomesltrailers from the K.A.O. were to be incumbent upon the City. [C,IWP51ICOUNCILlTRAILERS.113j \5-2 ,It, . PUBLIC HEARING Item No. I~ Date 12/17 /91 CONSIDERATION TO VACATE A PORTION OF .BEYER WAY ADJACENT TO 225 BEYER WAY (Director of public Works) The public hearing has been continued to the meeting of January 7, 1992 at 4:00 p.m. ,"',I COUNCIL AGENDA STATEMENT Item~ Meeting Date 12/17/91 ITEM TITLE: Public Hearing regarding Preliminary Draft Household Hazardous Waste Element (HHWE) SUBMITTED BY: Principal Management Assistant SnYder~ Conservation ~oordin~r D.l.E> I /1 REVIEWED BY: City Manager} 17 j (4j5ths Vote: Yes___No-X-) (i 'I ,) On November 19, 1991, the City Council conducted a publ ic hearing on the Source Reduction and Recycling Element (SRRE) required by AB 939, the California Integrated Waste Management Act of 1989. The staff report for that public hearing indicated that the law also required cities to address plans for the el imination of household hazardous waste in the residential wastestream and to hold public hearings on both draft and final plans. Thi s publ ic hearing presents the Prel iminary Draft Household Hazardous Waste Element (HHWE) as a companion document to the SRRE. As with the SRRE, comments and questions on this preliminary document will be received from the Council and the general public. The document is also being reviewed by neighboring jurisdictions, the State, the County, and the AB 939 Local Task Force. All comments will be received and reconciled in the Final HHWE which is expected to be brought forward to the City Council for adoption in February or March 1992, along with the Final SRRE. During the period of time leading up to the adoption of both the SRRE and the HHWE, both documents will also be undergoing environmental review by City staff. This public hearing will meet State requirements. In addition, staff is planning to participate in a regionally-held public hearing at SANDAG on January 24, 1992. The joint public hearing involves 18 jurisdictions in San Diego County and provides an extra opportunity for public input. The report will present an overview of the process, the program and the document itself. Because of its length, copies of the document were distributed to Council on December 6, 1991 and are not attached to this report. Complete copies are available for review in the City Manager's office, the City Clerk's office and the Library. RECOMMENDATION: Accept report and direct staff to: 1) continue to accept and reconcile comments from the general public and appropriate agencies until January 24, 1992; 2) begin appropriate environmental review as required by the Cal ifornia Environmental Qual ity Act; and 3) return to the City Council for adoption of a Final HHWE at such time as all public comments have been responded to and/or incorporated in the document and the environmental review has been completed. Additionally, authorize the San Diego Association of Governments, acting as the San Di ego County Integrated Waste Management Task Force, to hold a public hearing on January 24, 1992 for the purpose of receiving public comments on the Preliminary Draft HHWE and SRRE for the City of Chula Vista. \'1-\ Page 2, Item \ l Meeting Date 12/17/91 BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission was issued copies of the Preliminary Draft HHWE on December 4, 1991. The Commission will not be meeting during the month of December and has agreed to discuss the document and issue written comments by January 24, 1992. In addition, copies of the report have been provided to the Growth Management Oversight Committee and the Chula Vista 21 Committee for information. Comments will be addressed in the Final HHWE. DISCUSSION: Household hazardous waste (HHW) is the term used to define items normally found in the home which are toxic. It is estimated that in 1990 more than 6,300 tons of HHW were included in the residential wastestream being disposed in the regi ona 1 1 andfi 11 s of San Di ego. Some common exampl es of HHW are pesticides, paints, solvents, varnishes, wood preservatives, drain openers, oven cl eaners, stain removers, pol i shes, hobby supp 1 i es, pool chemi ca 1 s, and other products labeled "caution," "warning," "danger," or "poison." The Preliminary Draft HHWE describes the City's plan for dealing with HHW and preventing its illegal disposal. This plan differs from the SRRE in that it focuses on the reaional HHW program currently being operated by the County and included as the major component of the document (Appendix A). Chula Vista participates in this program at no additional cost to the City since it is funded primarily by the Sol id Waste Enterprise Funding through tipping fees from the landfills. The regional focus is also reasonable because of the nature of the material to be diverted from the wastestream. Toxic substances necessitate State-regulated collection, transport and storage procedures requiring the appropriate permits and technical expertise found in the County Department of Health Services, which administers the regional program. Effective in 1991, State 1 aw now requ ires load checki ng at the County-operated 1 andfi 11 s as a monitoring method for removing items before they enter the landfill. A significant emphasis on the regional HHW program is therefore public education to reach residents Countywide. The document also describes the City's in-house efforts at designing and distributing public education materials. The City will be participating in one-day collection events and residents are advised that HHW can be brought at no charge to Appropriate Technologies II in Chula Vista for recycling or di sposa 1. The Ci ty' s plan to implement a Mandatory Recyc 1 i ng Ordi nance to conform with the County's requirements will also address the illegal disposal of toxic substances and promote the use of non-toxic alternatives in the home. After adoption of the City's Final HHWE, the City's plan will be incorporated (a long with the City's SRRE) into the Countywide Integrated Waste Management Plan which is due to the State in 1994. Compliance with the law regarding HHW, however, differs from the SRRE in that the goal is not to reduce HHW by 25 percent by 1995, etc. Instead, the intent is to work towards e 1 imi nat ion l"l-l.. Page 3, Item Meeting Date \1 12/17/91 of illegal disposal. The City will be responsible for implementing the outlined strategies and future monitoring will indicate if program changes are needed to ensure more success. FISCAL IMPACT: There is no fiscal impact as a result of the recommended action on this Preliminary Draft HHWE. The fiscal impact of any future program wi 11 be addressed when brought forward. The ongoi ng admi ni strat i ve cost of planning, implementing and monitoring future programs will be addressed during the City's annual budget cycles. WPC 3795A ,1~ ~ File No. CITY COUNCIL PUBLIC HEARING DATE PUBLIC HEARING CHECK LIST bQC~_~be fC \I \CjC,{ . I IJc~ l.dL"o ~ u.~~~, 10 ~,Co~ 2:-'<", n-D, * '} C ~~Q>--7 . (\\ \\'0 ~) SUBJECT LOCATION SENT TO STAR NEWS FOR PUBLICATION -- BY FAX~BY HAND_; BY MAlL PUBLICATION DATE /0~'.Q".A..~ \.'>. I c, ,{ I , MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK I ( I'i<: I Cj I f f COPIES TO: Administration (4) V". Planning V"~ Originating Department Engineering~- Others City Clerk's Office (2) /' POST ON BULLETIN BOARDS I J II I I q i SPECIAL INSTRUCTIONS: ( .58. {7- &? PUBUC NOTICE A public hearing will held to consider Household Hazardous Waste Element (HHWE) as required by the California Integrated Waste Management Act of 1989 (AB939) and Title 14 of the California Code of Regulations. The meeting will be held in the City Council Chambers on December 17, 1991 at 6:00 p.m. Copies of the document will be available for review after November 15, 1991, in the City Clerk's office and the Chula Vista Library. If you have any questions, please call the City Manager's office at 691-5031 for more information. Beverly A. Authelet City Clerk 1--; ! Dc lJo-! !2-E7Yl!)V/:; (~/ 1/. tl-l__A../2'.<7 ~,-I.l,~l (e. December 4, 1991 CHULA VISTA'S CONCERNED CITIZENS: The attached document is the City's preliminary draft Household Hazardous Waste Element (HHWE) which is required by State Law AS 939 and Title 14 of the California Code of Regulations. The law requires that cities present plans showing how waste will be diverted from landfills in the future. Legislation subsequently passed required cities to also focus on addressing the removal of household hazardous waste from the waste stream. This document proposes such a plan. Comments from the general public are encouraged. Those comments should be in writing and directed to the City Manager's Office. Oral testimony can be given to the City Council at the scheduled public hearing for this document: Tuesday, December 17, 1991 City Council Chambers 6:00 p.m. If you are unable to give comments during the public hearing, written comments can still be received up until January 24, 1992. On that date, there will also be a regionally sponsored public hearing regarding the plan for the City of Chula Vista as well as the other eighteen jurisdictions in San Diego County. That public hearing will be held at the San Diego Association of Governments Office in downtown San Diego. If you have any additional questions or would like additional information, please contact Stephanie Snyder in the Chula Vista City Manager's Office at 691-5031. B:\IANAL YSTSI\GENERAL.HHR \\ - '6 CITY OF CHULA VISTA PRELIMINARY DRAFf Household Hazardous Waste Element November 15, 1991 Prepared by CAMP DRESSER & McKEE INC. 1925 Palomar Oaks Way, Suite 300 Carlsbad, CA 92008 Printed on Recycled Paper \-\.-'7 ~(~ ~ 01Y OF CHUlA VlS1J.\ OFFICE OF T'-IE CITY MANAGE? November 21, 1991 City of Coron~do City of Imperial Beach City of National City City of San Diego County of San Diego San Diego Association of Governments. AS 939 i~sk Force California Integrated Waste Management Soard RE: City of Chula Vista, Household Hazardous waste Element (HHWE) Dear Receiving Ager,cy~ The City of Chula Vista is pleaseo to su~mit Tei your revl~~ the Prelimincry Household Hazarcous waste Element (H~WE) as required by State Assembly Bill 939 and subseouent re}ulations now being finalized as a part of Title 14 of the California Code OT Regulations. Our city has been participating in the San Diego Regional ~ousehold Hazardous Materials Program operated by the County of San 01ego. In addition, we currently prepare in-house and distribute inforffiation on collection events and non-toxic alternatives. The ~ro~ram presented in the HHWE continues and enhances this opportunity to meet Stete-mandated goals ~s well as to provide the pub1ic with necess~ry -education and infrastructure for the proper disposal of household hazardous waste. Your comments during the next 45 days of the public review per10d will be greatly ~ppreciated. Sincerely, f)P/ w. / :Y~ John O. GoS! City Managsr ""'-1 \t-)D 278 FOURTH AVENUE/CHULA VISTA, CAliFORNIA 111910/(819) 61l1.503i TABLE OF CONTENTS Section Pal!e INTRODUCTION 1 GOALS AND OBJECTIVES 2 EXISTING CONDmONS 3 PROGRAM SELECTION 3 PROGRAM IMPLEMENTATION 4 MONITORING AND EVALUATION 4 FUNDING 4 LIST OF TABLES Table ~ 1 San Diego Regional Household Hazardous Materials Program Fiscal Year 1991-92 Collection Event Schedule 5 2 1990 Estimate of Annual Tonnage of HHW Disposed at San Diego County Landfills by Jurisdiction 10 APPENDICES Appendix A County of San Diego Household Hazardous Waste Element Appendix B City of Chula Vista Household Hazardous Materials Brochure 2209-111\HHW\CHVIHHWE ii \1- Il INTRODUCTION This Household Hazardous Waste Element (HHWE) has been prepared to comply with California AB 939 requirements. HHWEs of countywide integrated waste management plans specify how each City or unincorporated area (County) will safely collect, recycle, treat and dispose of household hazardous waste (HHW) generated by households in that jurisdiction within short-term (1991-1995) and medium-term (1996-2000) planning periods. Chula Vista is offered participation in the San Diego Regional Household Hazardous Materials Program (program) by the County of San Diego Waste Management Department at direct no cost to the City. The Program has existed since 1985 and is a joint effort between the County of San Diego and the City of San Diego, administered by the San Diego County Department of Health Services (DHS). The Program includes HHW collection and education and public information. The County of San Diego offers Chula Vista participation in this Program because the City disposes of its solid waste at County landfills and indirectly pays for part of the Program through tipping fees, a portion of which pay for the County of San Diego's HHW program. Because the County receives money for the Program from Chula Vista through the tipping fees, the County is responsible for describing how it will safely collect, recycle, treat and dispose of household hazardous waste (HHW) generated by households in Chula Vista. Therefore, the County's HHWE is attached as Appendix A to fulfill the specific requirements of the element for Chula Vista, and additional information specific to the City's goals and objectives, existing conditions, program alternatives and selection, implementation schedule, monitoring and evaluation, and funding are described below.G Based on data from a recent waste composition study (1990), a total of 1,590,053 tons of residential waste is disposed each year at landfills within the county. Of this waste, 2209.111 \HHW\CHVnrnwE 1 \l-) d- 95,849 tons are from Chula Vista's residential wastestrearn. According to results of an EPA study conducted in Marin County, California and New Orleans, Louisiana, approximately 0.4 percent of household (residential) waste is hazardous. Applying this percentage to the City's residential wastestrearn, approximately 6,360 tons of HHW are disposed each year in San Diego County, 383 tons (6 percent) of which are from Chula Vista's residential wastestrearn. GOALS AND OBJECTIVES Consistent with the overall Program goal, Chula Vista's goal is to prevent illegal disposal of HHW. To achieve this goal, the City has specified objectives for the respective planning periods. SHORT-TERM OBJECTIVES (1991-1995) The short-term City-specific objectives include · Utilize/advertise permanent facilities in San Diego County. · Continue in-house and County-supplied education and public information programs. MEDIUM-TERM OBJECTIVES (1996-2000) The medium-term City-specific objectives include · Continue in-house and County-supplied education and public information programs. 2209.111\HHW\CHVDnIWE 2 \ \- \~ EXISTIJ'llG CONDmONS Appropriate Technologies, a permanent collection center in Chula Vista, offers a drop-off service Monday through Saturday for residents who first obtain a "control number" (for tracking) from the OHS hotline service. They offer a pick-up service for handicapped residents. The facility makes arrangements to pick up the HHW at the handicapped individuals' homes once they have obtained their "control number" from the OHS Hotline Service. Appropriate Technologies is permitted to operate as a treatment, storage, and disposal (TSO) facility. Chula Vista utilizes the education and public information services offered by the Program, as well as distributing informational flyers which have been developed in-house (See Appendix B). In addition, residents are encouraged to participate in any of the additional collection events offered countywide through the Program. Table 1 shows a schedule of the Program's collection events for fiscal year 1991-92. PROGRAM SELECTION In addition to using the two existing permanent facilities, one of which is located in the City of Chula Vista, the City plans to utilize most of the Program components offered by the County. These include six future permanent facilities throughout the county and education and public information services which are already paid for by the City through tipping fees paid at the County landfills. The City will also continue to disseminate information on proper disposal and use of non-toxic alternatives which is developed in- house. 2209-11I\H1lW\CHVIIIHWE 3 \\ -1 ~ PROGRAM IMPLEMENTATION Additional permanent collection facility implementation dates and locations will be determined by the County (see Section 5.0, Appendix A). Education and public information will continue to be administered by the County. MONITORING AND EVALUATION Monitoring and evaluation will be conducted by the County as described in Appendix A. Chula Vista will be responsible for an annual City participation rate in the Program according to its percent of HHW determined to be disposed of illegally in county landfills. Table 2 shows an estimate of the tonnage of HHW disposed at landfills in the county by jurisdiction and the percent of the total tonnage of HHW disposed by each jurisdiction. FUNDING The Program is paid for through tipping fees Chula Vista residents pay at solid waste landfills in the County of San Diego. 2209-111\IDfW\CHVnrnwE 4 \\- 15 TABLE 1 San Diego Regional Household Hazardous Materials Program FISCal Year 1991-92 Collection Event Schedule Date Location Sponsoring City . July 1991 Sat. 7/13 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sun. 7/14 Santana High School Santee 9915 Magnolia Ave. 92071 August 1991 Sat. 8/3 Lot Adjacent to San Marcos Judd Wire 92069 870 Los VaIlecitos Blvd. Sat. 8/10 Safety Center Carlsbad 2480 Impala Dr. 92008 Sat. 8/17 Helix High School La Mesa 7323 University Ave. 91941 Sat. 8/31 County Public Works Station Encinitas 135 EI Camino Real 92024 September 1991 Sat. 9/7 Transit Station Escondido 700 W. Valley Parkway 92025 Sat. 9/7 Vista Courts Vista 325 S. Melrose 92083 Sat. 9/14 Ramona High School Ramona 1401 Hanson Lane 92065 Sat. 9/21 Fallbrook High School Fallbrook 2400 So. Stagecoach Rd. 92028 Sat. 9/28 EI Capitan High School Lakeside 10410 Ashwood St. 92040 Sat. 9/28 Montgomery High School San Diego 3250 Palm Ave. 92154 2209-111 \HHW\CIIVIHIIWE 5 n ' lie TABLE 1 San Diego Regional Household Hazardous Materials Program FISCal Year 1991-92 Collection Event Schedule Date Location Sponsoring City October 1991 Sat. 10/5 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sun. 10/6 City Operations Center (COC) Oceanside 4925 Oceanside Blvd. 92054 Sat. 10/12 County Road Station Iulian 1524 Hwy 78 92036 Sun. 10/13 Santana High School Santee 9915 Magnolia Ave. 92071 Sat. 10/19 Lot Adjacent to San Marcos Iudd Wire 92069 870 Los Vallecitos Blvd. Sat. 10/19 Rancho Bernardo High School San Diego 13010 Paseo Lucido 92128 Sat. 10/26 EI Cajon City Hall El Cajon 200 E. Main Street 92020 November 1991 , Sat. 11/2 Transit Station Escondido 700 W. Valley Parkway 92025 Sat. 11/9 County Public Works Station Encinitas 135 EI Camino Real 92024 Sat. 11/16 Helix High School La Mesa 7323 University Avenue 91942 Sat. 11/16 General Dynamics San Diego 5001 Kearny Villa Road 92123 Sat. 11/23 Borrego Springs High School Borrego Springs 2281 Diegueno Road 92004 2209-1 1 I\HHW\CHVIHHWI! 6 \\ - \\ TABLE 1 San Diego Regional Household Hazardous Materials Program Fiscal Year 1991-92 Collection Event Schedule Date Location Sponsoring City December 1991 Sun. 12/8 Vista Courts Vista 325 S. Melrose Drive 92083 Sat. 12/14 County Road Station Campo Hwy 94 & Forrest Gate 91906 Sun. 12/15 Safety Center Carlsbad 2480 Impala Drive 92008 January 1992 Sat. 1/4 Transit Station Escondido 700 W. Valley Parkway 92025 Sat. 1/1 Lot Adjacent to Judd Wire San Marcos 870 Los Vallecitos Blvd. 92069 Sun. 10/6 City Operations Center (COC) Oceanside 4925 Oceanside Blvd. 92054 Sat. 1/8 County Public Works Station Encinitas 135 El Camino Real 92024 Sun. 1/19 Home Depot Santee 255 Town Center Parkway 92071 Sat. 1/25 EI Cajon City Hall EI Cajon 200 E. Main Street 92020 February 1992 Sat. 2/1 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sat. 2/1 Old Navy Hospital San Diego Park Blvd. and President's Way 92103 Sat. 2/8 Descanso Elementary School Descanso 24842 Viejas Blvd. 92016 2209-1 1 IIHHWICHVIHHWE 7 \t- ~g TABLE 1 San Diego Regional Household Hazardous Materials Program Fiscal Year 1991-92 CoUection Event Schedule Date Location Sponsoring City February 1992 continued Sat. 2/15 Helix High School La Mesa 7323 University Avenue 91942 Sat. 2/22 County Admin. Center (CAe) San Diego (South Parking Lot) 92101 1600 Pacific Highway Sat. 2/29 Vista Courts Vista 325 S. Melrose Drive 92083 March 1992 Sat. 3/7 Borrego Springs High School Borrego Springs 2281 Diegueno Road 92004 Sat. 9/21 Ramona High School Ramona 1401 Hanson Lane 92065 Sat. 3/28 UCSD Campus San Diego Parking Lot #355 92137 off North Torrey Pines Rd., La Jolla Sat. 3/28 Safety Center Carlsbad 2480 Impala Dr. 92008 April 1992 Sat. 4/4 Transit Station Escondido 700 W. Valley Parkway 92025 Sun. 4/5 City Operations Center (COe) Oceanside 4925 Oceanside Blvd. 92054 Sat. 4/11 Lot Adjacent to Judd Wire San Marcos 870 Los Vallecitos Blvd. 92069 Sat. 4/11 Patrick Henry High School San Diego (San Carlos) 92120 6702 Wandemere Drive 2209-11 t\HHW\ClNIHHWE 8 \\~ \'1 TABLE 1 San Diego Regional Household Hazardous Materials Program Fiscal Year 1991-92 Collection Event Schedule Date Location Spousoring City April 1992 continued Sat. 4/25 EI Cajon City Hall El Cajon 200 E. Main Street 92020 Sat. 4/25 County Public Works Station Encinitas 135 EI Camino Real 92024 Sun. 4/26 Fallbrook High School Fallbrook 2400 So. Stagecoach Rd. 92028 May 1992 Sat. 5/2 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sat. 5/9 County Road Station Julian 1524 Hwy 78 92036 Sun. 5/10 Home Depot Santee 255 Town Center Parkway 92071 Sat. 5/16 Helix High School La Mesa 7323 University Avenue 91942 Sat. 5/23 Monte Vista High School Spring Valley 3230 Sweetwater Springs Road 91977 Sat. 5/30 Vista Courts Vista 325 S. Melrose Drive 92083 June 1992 Sat. 6/6 O'Farrell School of Performing Arts San Diego 2425 Dusk Drive 92139 Sat. 6/13 Safety Center Carlsbad 2480 Impala Drive 92008 2209-1 I I\HHW\CHVIHHWE 9 '\1' d-D TABLE 2 1990 Estimate of Annual Tonnage of HHW Disposed at San Diego County Landf"IIIs by Jurisdiction Annual Residential HHW Disposed in Percent of Jurisdiction Waste Disposed Residential Total HHW (Tons)l Wastestream (Tons)2 . Disposed CarIsbad 44,762 179 3 Chula Vista 95,849 383 6 Coronado 18,966 76 1 Del Mar 7,372 30 <1 El Cajon 85,986 344 5 Encinitas 54,632 219 3 Escondido 88,949 356 6 Imperial Beach 18,750 75 1 La Mesa 36,079 148 2 Lemon Grove 8,850 35 1 National City 45,789 183 3 Oceanside 91,364 366 6 Poway 8,747 35 1 San Diego 644,502 2,578 41 San Marcos 36,779 147 2 Santee 36,802 147 2 Solana Beach 11,652 47 1 Vista 53,515 214 3 Unincorporated 199,708 799 13 Total 1,589,053 6,361 100 I Based on data from a two-year waste composition study conducted by the County of San Diego (1990). 2 According to results of an EP A study conducted in Marin County. California and New Orleans, Louisiana, approximately 0.4 percent of household (residential) waste is hazardous. 2209-1 1 lllUlW\CHVlHHWE 10 \\.~ d-\ APPENDIX A COUNTY OF SAN DffiGO HOUSEHOLD HAZARDOUS WASTE ELEMENT \ \' J.~ COUNfY OF SAN DIEGO PRELIMINARY DRAFT Household Hazardous Waste Element November 15, 1991 Prepared by CAMP DRESSER & McKEE -INC. 1925 Palomar Oaks Way, Suite 300 Carlsbad, CA 92008 Printed on Recycled Paper \~~,).. 3 TABLE OF CONTENTS Section ~ 1.0 INTRODUCTION 1 - 1 2.0 GOALS AND OBJECTIVES 2.1 Short-term Objectives 2.2 Medium-term Objectives 2 - 1 2 - 1 2-2 3.0 EXISTING CONDmONS 3.1 Existing Program Conditions 3.2 Program Components 3.2.1 Collection 3.2.2 Load Checking 3.2.3 Disposal and Handling 3.2.4 Recycling, Reuse, and Source Reduction 3.2.5 Waste Types and Quantities 3.3 Education and Public Information 3.4 Illegal Disposal 3 - 1 3 - 1 3 - 1 3 - 1 3-9 3-9 3-9 3 - 10 3 - 11 3 - 15 4.0 EVALUATION OF ALTERNATIVES 4.1 Collection 4.1.1 Periodic 4.1.2 Permanent 4.1.3 Mobile 4.1.4 Local 4.2 Load Checking 4.3 Recycling, Reuse, and Source Reduction 4.3.1 End-uses of Materials 4 - 1 4 - 1 4 - 1 4-4 4-4 4-5 4-5 4 - 5 4-6 5.0 PROGRAM SELECTION 5.1 Program Components 5.1.1 Collection 5.1.2 Load Checking 5.1.3 Recycling, Reuse, and Source Reduction 5.2 Targeted Participation Goals, Waste Types, and Quantities 5.3 Education and Public Information 5.4 Cooperative Multi-jurisdictional Activities 5 - 1 5 - 1 5 - 1 5-4 5-5 5-5 5-5 5-7 2209-11I1HHW\COIffiWE ii \\-3~ TABLE OF CONTENTS Continued Section ~ 6.0 PROGRAM IMPLEMENTATION 6.1 Tasks and Schedule of Implementation 6.2 Program Implementation Responsibilities 6 - 1 6 - 1 6 - 1 7.0 MONITORING AND EVALUATION 7.1 Method Selection 7.1.1 Load Checking 7.1.2 Collection Events 7.1.3 Public Education Programs 7.2 Evaluation Criteria 7.3 Responsibilities 7 - 1 7 - 1 7 - 1 7-2 7-2 7-2 7-4 8.0 FUNDING 8.1 Selected Program Cost Estimate 8.2 Revenue Sources 8.2.1 Current 8.2.2 Alternative and Contingency Sources 8 - 1 8 - 1 8 - 3 8 - 3 8 - 3 APPENDICES Appendix A San Diego Regional Household Hazardous Waste Program, Printed and Audio Visual Materials Appendix B Public Information Flyers 2209-111 IHHWICOHHWE ill \l-J.S LIST OF TABLFS ThQk ~ 1-1 Examples of Household Hazardous Waste 1-2 3-1 County of San Diego HHW Community Collection Events Fiscal Year 1990-91 3-2 3-2 San Diego Regional Household Hazardous Materials Program Fiscal Year 1991-92 Collection Event Schedule 3-4 3-3 Regional Household Hazardous Materials Program Composition of Wastestream Comparison of Three Fiscal Years 3-12 3-4 Regional Household Hazardous Materials Program Comparison of Number of Participants and Volume of HHW Collected Three Fiscal Years 3-13 3-5 1990 Estimate of Annual Tonnage of HHW Disposed at San Diego County Landfills by Jurisdiction 3-16 4-1 Evaluation of Diversion Alternatives 4-2 5-1 Selected Program and Estimated Schedule of Implementation County of San Diego HHW Program 5-2 5-3 Regional Household Hazardous Materials Program Projected Number of Participants and Volume of HHW Collected 5-6 8-1 Estimated County HHW Program Costs Short term (1991-1995) 8-2 8-2 Expenditures Fiscal Years 1989-90 and 1990-91 8-4 2209-111 IHHWlCOHHWE iv n-d-I..,.. 1.0 INTRODUCTION This Household Hazardous Waste Element (HHWE) has been prepared to comply with California AB 939 requirements. HHWEs of countywide integrated waste management plans specify how each city or unincorporated area (County) will safely collect, recycle, treat and dispose of household hazardous waste (HHW) generated by households in that jurisdiction within short-term (1991-1995) and medium-term (1996-2000) planning periods. HHW results from products purchased by the general public for household use which, because of its quantity, concentration, or physical, and/or chemical characteristics, may pose a present or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. Although thousands of consumer products can fall into this classification, there are five general categories: household cleaners, automotive products, home maintenance and improvement products, lawn and garden products, and miscellaneous items. Table 1-1 lists several specific examples of each category . Improperly disposed HHW may leach into the groundwater or flow to receiving waters via storm drains and cause health and safety risks. These materials do not belong in the . municipal solid wastestream because of the danger they pose to refuse collectors and equipment. Nor do they belong in landfills, storm drains, sewer, or water systems because of the potentially serious human health and environmental consequences. In addition, California State law prohibits the disposal of HHW in Class III landfills. However, because much of the general public is not yet well informed regarding this requirement and/or how to legally dispose of HHW, illegal disposal of HHW material does occur. 2209-111 IHHWlCOHHWE I - I \", ,;L1 TABLE 1-1 Examples of Household Hazardous Waste' HOUSEHOLD CLEANERS - Drain Openers - Oven Cleaners - Wood and Metal Cleaners and Polishers - Toile' Bowl Cleaners - General Purpose Cleaners - Disinfectants AUTOMOTIVE PRODUCTS - Oil and Fuel Additives . Grease and Rust Solvents - Carhuretor and Fuel Injection Cleaners - Air Conditioning Refrigerants - Starter Fluids - Luhricating Fluids - Radiator Fluids and Additives - Waxes~ Polishes, and Cleaners - Grease and Rust Solvents - Body Putty - Transmission Additives HOME MAINTENANCE AND IMPROVEMENT PRODUCTS - Paint Thinners - Paint Strippers and Removers - Adhesives - Paints - Stains, Varnishes, and Sealants - Wood Preservatives LAWN AND GARDEN PRODUCTS - Herbicides - Pesticides - Fungicides MISCELLANEOUS - Batteries - Fingernail Polish Removers . Pool Chemicals - Photo Processing Chemicals Office of Solid Waste and Emergency Response - U.S. EPA, A Survev of Household Hazardous Wastes and Related Collection Pro.ram; October 1986. ~: Not all examples above are hazardous products (e.g., some oven cleaners are not hazardous). The hazard associated with a specific product depends on its specific chemical constituents. 2209-tl1\ID1W\COIDIWE 1 - 2 \\-~ The San Diego County Department of Health Services (DHS) has administered a joint San Diego Regional Household Hazardous Materials Program (Program) between the County of San Diego and the City of San Diego since 1985. One of the initial goals of the Program was to prevent disposal of HHW in all solid waste landfills in San Diego (six operated by the County and one by the City of San Diego). Because most of the funding for the Program comes from landfill tipping fees, and both the City of San Diego and County of San Diego have their own landfills, the City of San Diego Waste Management and Water Utilities Departments equally pay for collection and disposal fees for HHW generated within the City of San Diego; whereas the County of San Diego Department of Solid Waste pays for collection and disposal fees for HHW generated within all other incorporated cities and the unincorporated areas (County). Education and public information costs are basically shared between the City of San Diego and the County. Based on data from a recent waste composition study (1990), a total of 1,590,053 tons of residential waste is disposed each year at landfills within the county. Of this waste, 199,708 tons are from the unincorporated areas' (County of San Diego) residential wastestream. According to results of an EPA study conducted in Marin County, California and New Orleans, Louisiana, approximately 0.4 percent of household (residential) waste is hazardous. Applying this percentage to the county's residential wastestream, approximately 6,360 tons of HHW are disposed each year in San Diego County, and 799 tons (13 percent) of this waste are from the County of San Diego's (unincorporated areas) residential wastestream. 2209-1I11HHW\COIDIWE 1 - 3 n-d-l 2.0 GOALS AND OBJECTIVES Substantial progress has been achieved toward accomplishing the joint Program's two primary goals: . Educate the residents of San Diego County on which materials may become HHW and on the hazards and risks associated with the use, storage, and improper disposal of household hazardous waste. Educational objectives include encouraging residents to a) reduce the use of hazardous products by the use of safer substitutes and prudent purchasing and b) recycle or properly dispose of those products that have been purchased and are no longer needed. . Provide appropriate and convenient disposal opportunities for HHW for all San Diego County residents. Safe disposal alternatives have included the use of regional collection events, drop-off services at a permanent facility and a local treatment, storage or disposal (TSD) facility, and home pick-up services. To comply with AB 939, this Element incorporates additional alternative component objectives to expand the County-specific program with the ultimate goal of eliminating the generation of household hazardous waste and its illegal disposal. 2.1 SHORT-TERM OBJECTIVES The County of San Diego will participate with the City of San Diego in the regional Program. The short-term County-specific objectives include . Institute a load checking program at all landfills. Use designated staff at the landfill to monitor the wastestream for the presence of HHW. Redirect material to appropriate disposal centers and impose fines on repeat offenders of illegal HHW disposal methods. . Site and place in operation one additional permanent collection center (in addition to the two existing) at planned transfer station sites. The purpose of permanent facilities is to augment periodic community collection events and create convenient HHW drop-off alternatives for the public. . Continue using existing permanent drop-off centers in Coronado and Chula Vista for all county residents and pick-up services for the disabled. 2209-111 \HHW\COlffiWE 2 - 1 \'"'\~30 · Provide/continue community collection events a) 12 times per year in unincorporated areas, b) quarterly in Carlsbad, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Oceanside, San Marcos, Santee, and Vista, c) semi- annually in Lemon Grove and Poway once they locate suitable sites. Del Mar and Solana Beach residents may choose to utilize collection events in Encinitas; advertising and staffmg needs will be met through the cities' cooperative efforts. The schedule and locations will be evaluated and adjusted annually, or as necessary to fulfill the needs of the community. · Facilitate the development of markets or facilities that appropriately reuse household hazardous materials. Where reuse markets are unidentifiable, recycling and disposal markets for recovered HHW will be developed/provided. · Continue an active public education program to create a high level of public awareness of the proper storage and disposal of HHW and to encourage source reduction such as the use of alternative household products that are not hazardous and prudent purchasing. · Support/initiate/sponsor legislation or regulation changes to streamline the permitting process for permanent HHW collection centers/facilities. 2.2 MEDIUM-TERM OBJECTIVES Additional measures that the County of San Diego will incorporate during the medium- term planning period include · Continue program components implemented during the short term. · Site and place in operation up to five additional permanent HHW collection centers. Periodic community collection events may be reduced in frequency or eliminated in cities/communities where permanent facilities exist. 2209-111 IIDIW\COIIHWE 2-2 \ (4 ~ \ 3.0 EXISTING CONDffiONS 3.1 EXISTING PROGRAM CONDmONS San Diego County Department of Health Services (DHS) Hazardous Materials Management Division (HMMD) has been operating the San Diego Regional Household Hazardous Materials Program (program) for the County of San Diego and the City of San Diego since 1985 to provide a means to safely collect, recycle, treat and dispose of household hazardous waste (HHW) generated by households in the county. Participation in the Program is open to all county residents. 3.2 PROGRAM COMPONENTS Existing program components include collection, load checking, disposal and treatment, recycling, reuse, and source reduction. The waste types and quantities associated with program components are included below. 3.2.1 COLLECTION Collection events in the Program include periodic community collection events, two permanent drop-off centers, and home pick-up services for the disabled. Periodic Collection Events Nine annual community collection events were operated by the County of San Diego in cooperation with DHS in fiscal year 1990-91. The city or County provides the location and traffic personnel, while DHS provides the safety equipment, supplies, training and supervision. DHS is also responsible for all permitting and documentation. Employees of a hazardous waste contractor remove the HHW from residents' cars and package and 2209-III\H11W\COHHWE 3 - 1 \ (- 3d-- transport the material to a TSD facility. The dates and locations of the County collection events for fiscal year 1990-91 are shown in Table 3-1. TABLE 3-1 County of San Diego HHW Community Collection Events FISCal Year 1990-91 Vehicles Volume Average Date Location (Residences) (Gals.) Gals./ Residence 9/08/90 Lemon Grove 800 8273 10.3 10/13/90 San Marcos 490 4763 9.7 4/09/91 Ramona 355 3393 9.5 4/17/91 La Mesa 212 2136 10.0 4/20/91 National City 469 4841 10.3 4/22/91 Imperial Beach 75 572 7.6 5/16/91 Escondido 732 6942 9.5 5/18/91 Del Mar 943 9252 9.8 5122/91 La Mesa 326 3163 9.7 Totals 4,402 43,335 9.8 Five of these events were held on Saturdays and four were held mid-week at various locations. Eight were held in incorporated cities (one in Lemon Grove, San Marcos, National City, Del Mar, Imperial Beach, and Escondido, and two in La Mesa) and one in the unincorporated area (Ramona). 2209-ll1\HHW\COHHWE 3-2 \'1- 33 In working with the cities and communities to establish additional one-day collection events which serve the needs of communities that do not have permanent centers, the County has increased collection events from 9 in fiscal year 1990-91 to 58 in fiscal year 1991-92. Of these events, 12 are in the unincorporated region and the rest in incorporated cities. See Table 3-2. Permanent Facilities Drop-off services are available at permanent facilities including the treatment, storage, and disposal (TSD) facility in Chula Vista and the City of Coronado fire station. Because these facilities can be utilized during normal working hours on weekdays, and Saturdays, they provide an option for residents who are unable to attend weekend community collection events. The permanent TSD facility offers a drop-off service Monday through Saturday for residents who first obtain a "control number" (for tracking) from the Program hotline service. The hotline number is (619) 338-2267. The Coronado facility, opened in January 1990 at the City of Coronado Fire Station, is not a TSD facility, but has a variance that allows it to store HHW for up to 90 days. Local Home Pick-uD The Program offers a pick-up service for disabled residents. By contracting with a hazardous waste hauler, the Program makes arrangements to pick up the HHW at the handicapped individuals' homes once they have obtained their "control number" from the Program hotline service. 2209.I11\H11W\COIIHWE 3 - 3 n - 3lf TABLE 3-2 San Diego Regional Household Hazardous Materials Program Fiscal Year 1991-92 Collection Event Schedule Date Location Sponsoring City July 1991 Sat. 7/13 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sun. 7/14 Santana High School Santee 9915 Magnolia Ave. 92071 August 1991 Sat. 8/3 Lot Adjacent to San Marcos Judd Wire 92069 870 Los Vallecitos Blvd. Sat. 8/10 Safety Center Carlsbad 2480 Impala Dr. 92008 Sat. 8/17 Helix High School La Mesa 7323 University Ave. 91941 Sat. 8/31 County Public Works Station Encinitas 135 El Camino Real 92024 September 1991 Sat. 9/7 Transit Station Escondido 700 W. Valley Parkway 92025 Sat. 9/7 Vista Courts Vista 325 S. Melrose 92083 Sat. 9/14 Ramona High School Ramona 1401 Hanson Lane 92065 Sat. 9/21 Fallbrook High School Fallbrook 2400 So. Stagecoach Rd. 92028 Sat. 9/28 El Capitan High School Lakeside 10410 Ashwood St. 92040 Sat. 9/28 Montgomery High School San Diego 3250 Palm Ave. 92154 2209-IIIIHHW1COHHWE 3-4 ../ \ t- 3~ TABLE 3-2 San Diego Regional Household Hazardous Materials Program FISCal Year 1991-92 Collection Event Schedule Date Location Sponsoring City October 1991 Sat. 10/5 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sun. 10/6 City Operations Center (COC) Oceanside 4925 Oceanside Blvd. 92054 Sat. 10/12 County Road Station Julian 1524 Hwy 78 92036 Sun. 10/13 Santana High School Santee 9915 Magnolia Ave. 92071 Sat. 10/19 Lot Adjacent to San Marcos Judd Wire 92069 870 Los Vallecitos Blvd. Sat. 10/19 Rancho Bernardo High School San Diego 13010 Paseo Lucido 92128 Sat. 10/26 EI Cajon City Hall EI Cajon 200 E. Main Street 92020 November 1991 Sat. 11/2 Transit Station Escondido 700 W. Valley Parkway 92025 Sat. 11/9 County Public Works Station Encinitas 135 EI Camino Real 92024 Sat. 11/16 Helix High School La Mesa 7323 University Avenue 91942 Sat. 11/16 General Dynamics San Diego 5001 Kearny Villa Road 92123 Sat. 11 /23 Borrego Springs High School Borrego Springs 2281 Diegueno Road 92004 2209-11I1ID1W\COHHWE 3 - 5 \ 1 ~ 36 TABLE 3-2 San Diego Regional Household Hazardous Materials Program FISCal Year 1991-92 Collection Event Schedule Date Location Sponsoring City December 1991 Sun. 12/8 Vista Courts Vista 325 S. Melrose Drive 92083 Sat. 12/14 County Road Station Campo Hwy 94 & Forrest Gate 91906 Sun. 12/15 Safety Center Carlsbad 2480 Impala Drive 92008 January 1992 Sat. 1/4 Transit Station Escondido 700 W. Valley Parkway 92025 Sat. 1/1 Lot Adjacent to Judd Wire San Marcos 870 Los Vallecitos Blvd. 92069 Sun. 10/6 City Operations Center (COC) Oceanside 4925 Oceanside Blvd. 92054 Sat. 1/8 County Public Works Station Encinitas 135 EI Camino Real 92024 Sun. 1/19 Home Depot Santee 255 Town Center Parkway 92071 Sat. 1/25 El Cajon City Hall El Cajon 200 E. Main Street 92020 February 1992 Sat. 2/1 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sat. 2/1 Old Navy Hospital San Diego Park Blvd. and President's Way 92103 Sat. 2/8 Descanso Elementary School Descanso 24842 Viejas Blvd. 92016 2209.111\ID1W\COHHWE 3-6 \\~3'\ TABLE 3-2 San Diego Regional Household Hazardous Materials Program FISC8I Year 1991-92 Collection Event Schedule Date Location Sponsoring City February 1992 continued Sat. 2/15 Helix High School La Mesa 7323 University Avenue 91942 Sat. 2/22 County Admin. Center (CAC) San Diego (South Parking Lot) 92101 1600 Pacific Highway Sat. 2/29 Vista Courts Vista 325 S. Melrose Drive 92083 March 1992 Sat. 3/7 Borrego Springs High School Borrego Springs 2281 Diegueno Road 92004 Sat. 9/21 Ramona High School Ramona 1401 Hanson Lane 92065 Sat. 3/28 UCSD Campus San Diego Parking Lot #355 92137 off North Torrey Pines Rd., La Jolla Sat. 3/28 Safety Center Carlsbad 2480 Impala Dr. 92008 April 1992 Sat. 4/4 Transit Station Escondido 700 W. Valley Parkway 92025 Sun. 4/5 City Operations Center (COC) Oceanside 4925 Oceanside Blvd. 92054 Sat. 4/11 Lot Adjacent to Judd Wire San Marcos 870 Los Vallecitos Blvd. 92069 Sat. 4/11 Patrick Henry High School San Diego (San Carlos) 92120 6702 Wandemere Drive 2209-111 \IlliW\COIlliWE 3-7 \~l' 3K" TABLE 3-2 San Diego Regional Household Hazardous Materials Program FISCal Year 1991-92 Collection Event Schedule Date Location Sponsoring City April 1992 continued Sat. 4/25 El Cajon City Hall El Cajon 200 E. Main Street 92020 Sat. 4/25 County Public Works Station Encinitas 135 El Camino Real 92024 Sun. 4/26 Fallbrook High School Fallbrook 2400 So. Stagecoach Rd. 92028 May 1992 Sat. 5/2 Imperial Beach City Hall Imperial Beach 865 Imperial Beach Blvd. 92032 Sat. 5/9 County Road Station Iulian 1524 Hwy 78 92036 Sun. 5/10 Home Depot Santee 255 Town Center Parkway 92071 Sat. 5/16 Helix High School La Mesa 7323 University Avenue 91942 Sat. 5/23 Monte Vista High School Spring Valley 3230 Sweetwater Springs Road 91977 Sat. 5/30 Vista Courts Vista 325 S. Melrose Drive 92083 June 1992 Sat. 6/6 O'Farrell School of Performing Arts San Diego 2425 Dusk Drive 92139 Sat. 6/13 Safety Center Carlsbad 2480 Impala Drive 92008 22Q9..lll\HHW\COHHWE 3-8 \ (- 31 3.2.2 LOAD CHECKING A pilot load checking program was placed in operation at the Otay LandfIll in August 1991, but is not yet in full operation. As of September 10, 1991, approximately one half of the staff had been hired and the office trailers had not all arrived. The program uses a combination of surveillance of suspicious vehicles and random inspection of commercial vehicles to monitor the wastestream for all types of hazardous waste. A form is in place that includes the vehicle's origin, waste type, and responsible party identified and any enforcement action. In addition, hazardous waste stored at the on site storage facility will be lab-packed and inventoried. A load checking program will be implemented at the Otay, San Marcos, and Sycamore Landfills by the end of 1991. The program is planned for expansion to the lower-volume Ramona and Borrego LandfIlls in the beginning of 1992. 3.2.3 DISPOSAL AND HANDLING The permanent collection facility in Chula Vista, a state-licensed TSD facility, operates as the central processing facility for the countywide Program. All HHW is brought to the facility for consolidation prior to treatment and/or shipment. Approximately 90 percent of the total HHW collected in the 1990-91 fiscal year Program was recycled or reused; the balance was treated, incinerated or landfilled. 3.2.4 RECYCLING, REUSE, AND SOURCE REDUCTION As described above, approximately 90 percent of the HHW collected during fiscal year 1990-91 was either recycled or reused. The specific wastestreams most amenable to recycling and reuse are water-based paints, thinners, stains, waste oil, automotive batteries and soil amendments. All oil-based paint and solvents are used for fuel blending or as fuel supplements at cement kilns. These products represent approximately 35-40 percent of the total wastestream. 22lJ9.11I1HHWICOHHWE 3 - 9 \,,\''10 Market development for recycling and reuse alternatives for HHW is significant in the Program. New markets are continually being sought to facilitate the recycling or reuse of HHW. In addition to Program efforts, privately-<>perated recycling centers are established at Otay, Sycamore, and San Marcos Landfills. They accept waste oil and automotive batteries only. Market development of water-based paints is emphasized in the Program because it is amenable for reuse and represents a large percentage of HHW collected. For example, an anti-graffiti ordinance in effect throughout the county requires immediate eradication of graffiti, and water-based paint is supplied through the Program at no cost to cities or communities requesting it. Source reduction efforts are difficult to document, but source reduction, including the purchase of alternative non-hazardous products and prudent purchasing, is advocated to the San Diego community via the education program. 3.2.5 WASTE TYPES AND QUANTITIES The collection program only accepts household hazardous waste excluding: · radioactive materials · pressurized gas cylinders · infectious waste . shock-sensitive material · explosive material (including ammunition) · PCBs It is recommended that all material be stored in its original container, and that quantities not exceed 5 gallons or 50 pounds (the maximum transportable quantity allowed by law) per visit. All collected waste is manifested and transported by registered haulers who provide appropriate vehicle placards and labels. The DHS accepts the legal role of waste generator. 2209-11I\HIIW\COHHWB 3 - 10 \ t-l\ \ In San Diego County, it is estimated that approximately 6,300 tons of HHW are disposed at solid waste landfills each year. Approximately 460 tons of HHW was collected in the joint Program in the 1990-91 fiscal year. The HHW collected by the Program represents approximately seven percent of the HHW estimated to be illegally disposed at landfIlls. Table 3-3 shows the types and quantities ofHHW collected for the last three fiscal years. According to data from both fiscal years 1989-90 and 1990-91, approximately 67 percent of the total HHW collected by the Program is latex and oil-based paint. (Oil-based paint includes liquid flammables.) Another 9 to 16 percent is used motor oil. Approximately 90 percent of all HHW collected by the Program was recycled or reused in fiscal year 1990-91. Table 3-4 shows the number of participants and total volume of HHW collected by the City of San Diego and County of San Diego programs over the last three fiscal years according to DHS records. In fiscal year 1990-91, the County of San Diego's program had about 5,265 participants that legally disposed 54,296 gallons of HHW through the Program. The County's volume represents approximately 53 percent of the total quantity collected by the DHS during that fiscal year. Fifty three (53) percent is very close to the combined unincorporated (County) and incorporated areas (excluding the City of San Diego) percent of the total county population (approximately 55 percent). 3.3 EDUCATION AND PUBLIC INFORMATION One of the key elements of the Program is an ongoing education and public information program directed toward increasing public awareness. A variety of instructional and promotional materials are used to inform residents of the potential dangers associated with unsafe use and disposal of HHW, and to publicize and encourage the use of safer substances, prudent purchases, and the collection program where necessary. The HHW Program uses the following methods of publicity: 2209-IlI\HHW\COHHWE 3 - 11 n - t+d-. :5 \ TABLE 3-3 Regional Household Hazardous Materials Program Composition of Wastestream1 Comparison of Three FISCllI Years 1988-89 1989-90 1990-91 Wastestream Type Volume % of Total Volume % of Total Volume % of Total (gallons)2 Wastestream (gallons)2 Wastestream (gallons)2 Wastestream Flammables Paint (0i1)3 32,706 53.4 29,220 44.2 37,378 36.6 Paint (Water) 15,303 25 15,335 23.2 30,535 29.9 Used Oil 6,720 11 6,147 9.3 15,829 15.5 Pesticides 2,259 3.5 2,776 4.2 2,757 2.7 Corrosives 2,468 4.1 991 1.5 1,7364 1.7 Oxidizers 94 0.2 132 0.2 0.00 0.00 Miscellaneous 1,589 2.6 11,5015 17.4 13,8896 13.6 Totals 61,139 99.8 66,102 100.0 102,124 100.00 e 1 Data reflects periodic collection events and pick.up and drop-off services. 2 Density of 9 Ibslgallon used. 3 Oil-Based Paint figures combined with liquid and solid flammables (solvents, thinners & stains). 4 Includes oxidizers. 5 Includes Spray Cans (2.0%), Combustible Liquids (8.7%), Automotive Batteries (1.4%). Liquid/Solid Hazardous Waste (4.7%), Other (0.6%). 6 Includes Spray Cans (1.8%), Combustible Liquids (2.6%), Automotive Batteries (3.0%), Liquid/Solid Hazardous Waste (5.8%), Other (0.4%). 2209-111\tnlW\COHHWE 3 - 12 TABLE 3-4 Regional Household Hazardous Materials Program Comparison of Number of Participants and Volume of HHW Collected Three YISC8I Years Participants Volume (gallons)' Fiscal Year City of County of Average per San Diego San Diego Total Total ParticiJl8llt Community Events 2,881 2,606 5,487 45,186 8.2 1988- Drop-offs 477 445 922 13,886 15.1 1989 Pick-ups 71 85 156 2,067 13.3 Total 3,429 3,136 6,565 61,139 9.3 Community Events 3,533 2,402 5,935 49,543 8.3 Drop-offs 625 589 1,214 12,324 10.15 1989- 14' 14 1,634 116.9 1990 Pick-ups 65 70 135 2,228 16.5 4' 4 373 93.3 Total 4,223 3,079 7,302 66,102 9.1 Community Events 4,519 4,402 8,921 83,439 9.4 Drop-offs 706 758 1,464 14,516 9.9 1990- 626' 626 2,302 3.6 1991 Pick-ups 61 81 142 1,867 13.1 Total 5,286 5,867 11,153 102,124 9.2 1 2 3 Density of 9 Ibs/gallon used. Agricultural department, average gallons are noted per pick.up. Coronado Fire Department, average gallons are noted per hauler pick up of dropped-off lllIW. 2209-111 \HHW\COJrnWE 3 - 13 \1~LfLf · A hotline service to answer questions, Monday through Friday, 8 am to 5 pm. During the fiscal year 1989-90, an average of 525 calls were received each month. An additional 300 phone calls per month were received by a non-profit organization contracted to conduct part of the community outreach efforts. · A manual distributed to public and private agencies to assist staff with properly answering questions about household hazardous waste. . School programs which include an interactive computer program for grades kindergarten through third, and a high school presentation to target materials used in wood and auto shop, and arts and crafts classes. · Presentations to community groups to encourage prudent purchasing and utilizing proper disposal options. Presentations for 140 community groups were made in the fiscal year 1989-90. · A training program for refuse collectors on the dangers of HHW which included a manual and video tape. · Brochures and literature provided to schools and community service groups. These were maintained at 211 locations throughout the county, and 400 groups/organizations were contacted with information and flyers on collection events in the fiscal year 1989-90. · Articles and advertisements in local newspapers, and radio and television announcements regarding the Program's collection events and special topics including spring cleaning, safer substitutes, recycling, prudent purchasing and summertime safety. · Curricula for grades 4-6 and 7-9 which include lessons on toxic materials. · A logo for easy recognition of Program materials and events. This logo was incorporated onto public information items including a Program fact sheet, pencils, bookmarks, magnets, and T-shirts. A list of the informational materials and literature, and the educational and audio-visual materials available is included as Appendix A. Examples of Program flyers are included as Appendix B. 2209-111\HHW\COHHWE 3 - 14 ~\-l\S 3.4 ILLEGAL DISPOSAL California law prohibits the disposal of HHW in Class ill landfills. However, because the general public is not well informed regarding this requirement and/or how to legally dispose of HHW, illegal disposal occurs. Common locations of illegal disposal of HHW include storm drains, sanitary sewers, roadsides, and landfills. It is estimated (see Section 1.0) that 799 tons of HHW are illegally disposed by County (unincorporated area) residents each year. This volume represents approximately 13 percent of the total HHW disposed annually at San Diego landfills. It is difficult to estimate the volume of HHW disposed in other media. Table 3-5 provides a breakdown of the estimated tonnage of HHW disposed illegally by County and incorporated city residents. 2209-111\HHW\COHHWE 3 - 15 \r\ _ 4 b TABLE 3-5 . 1990 Estimate of Annual Tonnage of HHW Disposed at San Diego County Landf"ills by Jurisdiction Annual HHW Disposed Jurisdiction Residential in Residential Percent of Waste Disposed Wastestream Total Disposed (Tons)1 (Tons)2 Carlsbad 44,762 179 3 Chula Vista 95,849 383 6 Coronado 18,966 76 1 Del Mar 7,372 30 <1 El Cajon 85,986 344 5 Encinitas 54,632 219 3 Escondido 88,949 356 6 Imperial Beach 18,750 75 1 La Mesa 36,079 148 2 Lemon Grove 8,850 35 1 National City 45,789 183 3 Oceanside 91,364 366 6 Poway 8,747 35 1 San Diego 644,502 2,578 41 San Marcos 36,779 147 2 Santee 36,802 147 2 Solana Beach 11,652 47 1 Vista 53,515 214 3 Unincorporated 199,708 799 13 Total 1,589,053 6,361 100 I Based on data from a Iwo-year waste composition study conducted by the County of San Diego (1990). 2 According to results of an EP A study conducted in Marin County, California and New Orleans, Louisiana, approximately 0.4 percent of household (residential) waste is hazardous. 2209-111 \HIIW\COIDIWE 3 - 16 \'\-1.\1. 4.0 EVALUATION OF ALTERNATIVFS The County of San Diego will continue to participate with the City of San Diego in the DHS-operated Program. This is an evaluation of alternatives that would augment the current regional Program. Components of the program alternatives include 1) periodic, permanent, mobile, and local collection, 2) load checking, 3) recycling, and 4) source reduction. Each of these components was evaluated in terms of its (a) hazards, (b) ability to accommodate future changes in economic, technical, and social conditions, (c) ability to implement in planning periods, (d) need for expansion or addition of facilities to support implementation, (e) feasibility for public use, (f) consistency with local rules, regulations and plans, (g) institutional barriers to implementation, and (h) cost for the respective planning periods. Table 4-1 is a summary of the alternatives evaluation. Recycling and source reduction alternatives were also evaluated in terms of their availability of end uses of materials. 4.1 COLLECTION HHW programs typically employ a variety of collection methods. Permanent drop-off centers are the most common method, while mobile collection centers and even curbside collection are used. Advantages and disadvantages are associated with each method. 4. 1.1 Periodic Periodic collection centers allow flexibility of location and dates of operation without the need of a TSD facility permit. Location and traffic personnel are required in conjunction with specially-trained personnel that provide supervision, collection, permitting, and documentation. Packaging and transportation are provided by staff from a TSD facility. 2209-1II\HHW\COHHWE 4 - 1 \'l ~l\ ~ '5 I rf= .J) TABLE 4-1 Evaluation of Diversion Alternatives MlIjor Ability to Accommodate Economic, Possible to Implement in Expand Existing F_"ble Public Alternatives Planning Perind or Construct Hazard Technical, Social OIanges New Facilities Utilization Sbort-tenn Medium-tenn Collection Periodic None Moderate cost Yes Yes No Depends on Able to change technology advertisement, but Can change location close by Permanent None Higb capital/operation costs Maybe - Yes - Depends Construct Yes - Permanent - Able to change technology Depends on on EIR permanent In Yellow Pages, Can't change location permitting/siting process facility but may be far Mobile None Higb capital cost for trailers No No Construct mobile No - Depends on Able to change technology trailer facility advertisement Can change location Local Spills are a Operation costs paid for in fee-for- No No No Ye. - Except fee-for-service hazard in service; others have high costs . public may not door-t<HIoor curbside Technology and location can be changed want to pay for curbside fee-for...service Load OIecking None Relatively inexpensive Ye. Ye. Ye. - Expand No puhlic Able to change technology with .torage participatioll Located at landfill. and tran.fer .tations trailers required Reuse and Recycling None Reimbursement or no cost Yes Ye. No-Use Yes - Reuse affected by technology available Advertisements In End use. may change recycler. Yellow Page., but may be far Source Reduction None Little effect on cost Yes Ye. No Depend. on Non-hazardons Available with technology advance. education Products Amenable to social changes ,--- ~ , li) C> TABLE 4-1 continued Evaluation of Diversion Alternatives I Alternatives I Consistent With Local Institutional Barriers Planning Periods Plans Cost Ertimate Per Facility/Event CoDection Yes, but plan to phase out with Currently being implemented $9O-$120/residence Periodic implementation of Permanent $35,000-$9O,000/event Facilities 250-1100 vehicles/event Permanent Yes Siting and permitting; Public $300,000-$400,000 capital cost/facility perception $90-$120/residence 300-1000 participants/month/facility Mobile No Permitting $100,000-$200,000 capital cost each $9O-$120/residence 50-ISO participants/day of operation Local Only home pick-up for the Permitting for curbside fee-for-service disabled $300-$400/resident door-to-door $300-$400/resident curbside $50-$100/residence for waste oil only Load Checking Yes None $526,713 for six sites first year = 18 staff ($326,971) + training ($4,177) + supplies ($24,205) + other capital costs ($64,260) + contract costs ($107, I 00) Reuse and Recycling Yes Depends on marketplace Receive about $1.50Ibattery Source Reduction Yes No None Non-hazardous Products The major disadvantages are the inconsistent days and hours of operation, and the large number of personnel required. 4.1.2 Permanent Permanent collection centers serve as drop-off facilities. Specially-equipped structures provide a safe storage area where wastes are segregated and lab-packed by part- or full- time trained technicians. The HHW is collected by a licensed hauler. The major advantage of a permanent location is that once residents learn of its frequency of operation and permanent location, they will likely use it instead of an illegal method of disposal. The major disadvantage is the time and cost required for siting, permitting, etc., and the not-in-my-back-yard (NIMBY) problem of public perception. The County is planning transfer stations for all solid waste. The transfer stations will provide commercial and private haulers facilities to transfer their smaller loads of waste into larger vehicles. A permanent collection center could be operated at each of the transfer stations to divert hazardous waste from the landfill. 4.1.3 Mobile Mobile collection centers allow flexibility of location and times of operation. A mobile collection center consists of a trailer equipped to properly receive and "package" household hazardous wastes manned by properly trained technicians. They are generally moved from one location to another among permitted sites on a regularly scheduled basis. The major disadvantages of a mobile facility are the need to overcome a negative public perception of HHW hauled from one community to another, the capital investment of a trailer, and designing a trailer with enough capacity for a "typical" San Diego event. A periodic collection event at a permanent location will supply nearly the same advantages at a much lower cost (no capital costs incurred). 2209-III1ID1W1COHHWl! 4-4 \'\-<S\ 4.1.4 Local There are a few local programs, including curbside programs (e.g., Seattle, WA and Jacksonville, FL) that collect waste oil; however, local programs can be expensive and curbside methods are not well suited for hazardous waste collection. Although convenient to homeowners, curbside collection presents a health threat to children and pets because hazardous waste is left unattended at the curb. 4.2 LOAD CHECKING Monitoring for the presence of HHW in the solid waste stream is done at the site of collection and/or the site of disposal. It is a cooperative effort between haulers and landfill operators. As more collection programs become automated, it will be difficult for haulers to inspect loads at the site of collection. However, disposal and transfer facilities will have adequate load checking programs. They will survey loads that are dumped at the tipping table and inspect loads at random. A combination of these two methods is the most effective for diverting hazardous waste. The load checking program to be implemented at each of the future transfer stations will involve removal of hazardous waste from the wastestream before it reaches the landfill. 4.3 RECYCLING. REUSE. AND SOURCE REDUCTION Once the hazardous waste is collected it can be recycled, reused, disposed, or used as a fuel supplement. Although many waste types can be recycled, the recycling options for each waste type are limited. Gasoline, antifreeze, waste oil, and lead-acid automotive batteries can be recycled. Latex paint can be reused as well as recycled. Reuse, however, is often not practical because the exact contents of collected material is generally not documented. Material that cannot be reused or recycled is used as a fuel supplement or disposed. The best source reduction technique is to use alternative non- 2209-111 \HHW\COHHWE 4-5 \\'S~ hazardous household products. Source reduction is part of the education and public information program emphasis. 4.3.1 END-USES OF MATERIALS The following is an outline of the primary products that currently have known end-uses. Used Oil Used oil can be recycled through private businesses in San Diego County. Several private recycling centers, buy-back recycling centers at landfills, a major oil company and some automotive service centers either currently accept or are planning to accept used oil for recycling. A current list of these businesses is maintained and distributed by the DHS. flli!l! In the San Diego County paint recycling program, latex is segregated and consolidated into 55-gallon drums and made available for distribution after testing. While the current use is principally for graffiti eradication programs, efforts can be made to broaden paint uses and distribution in order to increase this market. Automotive Batteries Automotive batteries are accepted for recycling at all community collection events, permanent collection centers, buy-back centers operating at solid waste landfills and by private recycling yards and some retailers throughout the county. Residents can sell their automotive batteries for an average of $1.50 each. Some private recyclers will pick up the batteries as well. The DHS maintains and distributes a list of battery recyclers. 2209-IIlIHHWlCOIIHWE 4-6 \'"\-S3 5.0 PROGRAM SELECTION This section discusses the HHW program alternatives selected for implementation or expansion in the County of San Diego. The selected comprehensive program for the County includes permanent collection centers, one-day collection events, load checking, and an extensive education and public information program. Program tasks and a schedule of implementation are outlined in Table 5-1. The County of San Diego will participate with the City of San Diego in the existing joint Program and work toward increasing the capture rate, or quantity collected over time, ofHHW. The County's capture rate should improve considerably with the establishment of additional permanent collection centers and one-day collection events. 5.1 PROGRAM COMPONENTS The program provides for HHW collection, load checking, recycling, and reuse components supported by a continued aggressive education and public information effort. Source reduction will continue to be a voluntary component and will be encouraged as part of the education program. 5.1.1 COLLECTION The collection of HHW will be accomplished through permanent and periodic drop-off facilities, and a continued home pick-up service for the disabled. Permanent Facilities In order to address the need for convenient and appropriate disposal options for HHW, up to six new permanent collection centers are proposed for construction at planned transfer stations. It will be easier to obtain approvals for permanent facilities on the 2209-111 \HHW\COIDIWE 5 - 1 \\ ~Sl\. TABLE 5-1 Selected Program and Estimated Schedule of Implementation County of San Diego HHW Program Task Short-term Period Medium-term Period (1991-1995) (1996-2000) COu..ECI10N PROGRAM Periodic Community Events ongoing ongoing Evaluate Need annually annually Pick-up for Disabled ongoing ongoing Permanent Facility Existing Sites ongoing ongoing One North County Site at Planned Transfer Stations Siting 04/91 - 07/93 - Permitting and Design 08/93 - 01/94 - Construction 10/93 - 01/94 - Operation 01/94 - ongoing ongoing Establish Schedule for up to Five Additional Sites 01/95 - Siting - up to 2 01/93 - 12/95 - Siting - up to 3 - 01/96 - 01/98 Operation - 01/96-12/00 WAD CHECKING PROGRAM Operation at All County Landfills and Transfer Stations 07/91 - 01/92 ongoing RECYCLlNGIREUSE PROGRAM Develop New Markets for End-Uses ongoing ongoing EDUCATION PROGRAM ongoing ongoing MONITORlNGfEV ALUATIONIREPORTlNG1 01/91 - annually annually Notes: A report will be followed up with changes in HHW collection/recycling/education programs where report shows the methods of collection/education/recycling are very effective in obtaining program objectives. 2209-IIIIHHW1COHHWE 5-2 \I-55 same sites as the transfer stations as these locations will have already undergone the rigorous approval process necessary for waste-related facilities. These sites are centrally located, and can provide the most convenient disposal alternative to the public at a reasonable cost. Additionally, costs of education and public information will decrease over time as residents become familiar with the facilities' locations and hours of operation. The County will continue, for the present time, using existing permanent drop-off centers in Coronado and Chula Vista, which will be accessible to all county residents. Periodic Community Collection Events Periodic collection has been implemented because (1) it is relatively cost effective, (2) additional community collection events in less-covered areas can be implemented in a short time frame, and (3) there are minimal capital costs incurred. The County of San Diego has offered to implement DHS-operated collection events in each incorporated city (except the City of San Diego) four times per year. For the 1991-92 fiscal year, the events will be held quarterly in Carlsbad, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Oceanside, San Marcos, Santee, and Vista; and semi-annually in Lemon Grove and Poway once they locate suitable sites. Del Mar and Solana Beach residents may choose to utilize collection events in Encinitas. Collection events will be provided approximately 12 times per year in unincorporated areas to cover the relatively large distances between communities there. The schedule and locations of events will be evaluated and adjusted annually, or as necessary to fulfill the needs of the community. Community collection events will be continued while permanent centers are being established. The role of these events, compared with that of the new permanent facilities, will be evaluated and their number per year amended to maintain a comprehensive and effective collection program. 2209-l1lIHHWICOHHWB 5-3 \"" -Sic Pick-up for Disabled Pick-up for disabled county residents will be continued in this program. The high cost of collection makes the future availability of this service unpredictable. 5.1.2 LOAD CHECKING Federal and State regulations require that municipal landfills and transfer stations implement a Hazardous Waste Exclusion Program (CFR 40 Parts 257 and 258; CCR Title 23 Section 2523). The County of San Diego's program, to be implemented in 1991, will utilize spotters and random load checking at all existing and proposed County landfills and transfer stations to identify hazardous materials, including HHW, before disposal at the landfill. The load checking program is expected to help to: · Encourage the proper disposal of hazardous waste · Reduce the quantity of HHW entering the solid wastestream · Ensure proper management of hazardous materials identified in incoming solid wastestream at all six County landfills · Identify generators who put hazardous wastes in the solid wastestream and provide for effective education of and enforcement against non-complying generators. In order to exclude hazardous wastes from entering solid waste landfills, load checkers/spotters will be deployed at each landfill to intercept, identify, store and dispose of any household (or other) hazardous waste reaching that point. Appropriate facilities will be provided at each solid waste landfill to properly identify, package and temporarily store HHW. A licensed hazardous materials hauler will periodically remove identified hazardous materials pursuant to the Health and Safety Code provisions. 2209-lI1\HHW\COHHWE 5-4 \ \~ Sl 5.1.3 RECYCLING, REUSE, AND SOURCE REDUCTION The recycling program will continue to seek recycling and treatment alternatives for wastes received at the collection centers. Recycling will continue to be the preferred method over disposal and incineration. In addition, commercial recyclers will be encouraged to enter the marketplace where needed. 5.2 TARGETED PARTICIPATION GOALS. WASTE TYPES. AND OUANTlTU:iS The County is targeting an initial 50 percent increase in the number of participants and volume of HHW collected due to a greatly expanded program, leveling off in a few years to a 15 percent annual increase. Table 5-3 shows targeted and historic Program participation. In the past, the County's and City's programs have each accounted for approximately 50 percent of the total number of participants and volume collected. Beginning in fiscal year 1991-92, the County has expanded its program to 50 collection events compared to the City's 8 events. The County expects this will significantly increase the County/City ratio for HHW collection. The various percentages and types of household hazardous waste collected have remained fairly consistent over the last four fiscal years. The types of HHW targeted for collection should be very similar to those discussed in Section 3.2.5. 5.3 EDUCATION AND PUBLIC INFORMATION The existing public education program is an integral part of the total HHW Program and will continue to be aggressive in order to: 2209.1 1 l\HHW\COIDIWE 5-5 \ l ,':)8" TABLE 5-3 Regional Household Hazardous Materials Program Historic and Projected Number of Participants and Volume of HHW Collected' Participants Volume FISCal Year Number of Vehiclesl Annual Total HHW Annual Participants Percent Program Percent Increase (gallons) Increase 1987-88 5,479 -- 45,667 -- 1988-89 6,565 20 61,139 34 1989-90 7,302 11 66,102 8 1990-91 11,153 53 102,124 54 1991-92 16,730 50 153,186 50 1992-93 20,913 25 191,483 25 1993-94 26,141 25 239,354 25 1994-95 31,369 20 287,225 20 1995-96 37,643 20 344,670 20 1996-97 43,289 15 396,371 15 1997-98 49,782 15 455,827 15 1998-99 57,249 15 524,201 15 1999-00 65,836 15 602,831 15 Projected for years 1991-92 through 1999-00. 2209-IIIIHHW1COIDIWE 5-6 \ l -set 1) Increase public awareness of the risks of the household hazardous materials used in the home. 2) Educate the public on safer substitutes for hazardous materials in the household, prudent purchasing, and proper disposal methods. 3) Support HHW collection-event siting efforts and recycling programs. This will be accomplished through: a) Cooperative efforts with government agencies to advertise and distribute information, b) Presentations to community groups, c) Printing and distributing information to individuals, organizations, and businesses, d) Generating public service announcements and news releases, and e) Providing school curricula. 5.4 COOPERATIVE MULTI-JURISDICTIONAL ACTIVITIES This County of San Diego program is based on multi-jurisdictional implementation efforts with the City of San Diego, focused primarily on education and public information and monitoring and evaluation. All collection events and permanent facilities will be available to any county resident from either the City of San Diego or County of San Diego areas of responsibility. Individual and joint program efforts will continue to be administered by the San Diego Department of Health Services for the County of San Diego and City of San Diego programs. 2209-111\HHW\COHHWE 5-7 \ \. ~ 60 6.0 PROGRAM IMPLEMENTATION 6.1 TASKS AND SCHEDULE OF IMPLEMENTATION Tasks identified for the County of San Diego's implementation are outlined in Table 5-1. The estimated dates of commencement and completion are shown according to the task's estimated schedule within the short- and medium-term planning periods. 6.2 PROGRAM IMPLEMENTATION RESPONSffiILITlES Responsible staff for program implementation include the following: I) The County of San Diego Department of Health Services, Hazardous Materials Management Division (DHS-HMMD) for all tasks excluding load checking, and siting of permanent facilities. These tasks include permitting, contract monitoring and contract implementation. 2) County of San Diego Department of Public Works Solid Waste Management Division (DPW) for the load checking program at County landfills and transfer stations, and siting of permanent collection facilities. 2209-IIIIHHW\COHHWE 6 - I \t~b\ 7.0 MONITORING AND EVALUATION The following sections describe the methods and evaluation criteria for the monitoring and evaluation component of the program which will be a joint effort between the County of San Diego and the City of San Diego. 7.1 METHOD SELECTION According to AB 939, the alternative methods available to quantify and monitor the achievement of program objectives include a waste generation study, solid waste characterization study, an assessment of changes that affect HHW generation, and monitoring of volumes/types of HHW collected. Because the last alternative has occurred in the HHW Program since its inception, the data obtained from this alternative would be the most useful for program evaluation because historic data is available. Monitoring of volumes and types of HHW collected through the load checking program and collection services is feasible, efficient, and cost effective and would therefore be the most likely method of monitoring and evaluation to be implemented. In addition, a public survey to determine the effectiveness of the education and public information program will be performed. 7.1.1 LOAD CHECKING Quantities of HHW will be collected during the load checking program at the landfill. Household hazardous wastes will be identified, labeled and stored for proper disposal. The party responsible for illegal disposal attempts will be issued a Notice of Violation by the Department of Public Works (County). An inspection load checking form will be filled out for any hazardous waste found during screening to specify the origin, date, time, name and identification of the party 22t)9.11tIJDiW\COHHWE 7 - 1 \ "\.- bd-. responsible for illegal disposal, waste type(s) and quantity(s). Documentation on repeat violators will be referred to the DHS Hazardous Materials Management Division and the Hazardous Waste Task Force for potential legal action. Load checking data will be accumulated in an annual summary for inclusion with the HHW collection data and public survey summaries. HHW volumes and waste types illegally disposed will be classified by jurisdiction and show percent contribution by jurisdiction. 7.1.2 COLLECTION EVENTS Continue monitoring ofresults from collection events. As shown in Tables 3-2 and 3-3, HHW type and quantity data are currently gathered from community collection events and drop-offs and pick-ups at permanent facilities. The jurisdiction the waste came from within the County-operated areas will be added to the data as well. A compilation of these data will show percent participation by jurisdiction and percent increases in number of participants and volume. 7.1.3 PUBLIC EDUCATION PROGRAMS Information will be collected on the effectiveness of the education program by conducting an annual telephone survey that focuses on each jurisdiction. Questions will include references to the location of the community collection events, knowledge of common HHW and alternative products, and level of households' awareness of the San Diego regional HHW Program. 7.2 EVALUATION CRITERIA HHW volumes and waste types will be classified by jurisdiction and volumetric data will be compared with other jurisdictions to obtain a percent of the total collected/illegally 2209-11t\HHW\COIDfWE 7-2 \t- 106 disposed by jurisdiction. These data will be compared with Table 5-2 to determine capture rates by jurisdiction. Results will take into account population increases by using a growth factor. Existing disposal alternatives and education and public information programs in those cities/communities which a) have a low participation rate according to collection data and b) are illegally disposing relatively more than other cities/communities according to load checking data will be evaluated with the public survey data. Program efforts will be focused on additional collection alternatives and/or a focused education and public information effort in that city/community as is determined necessary . In addition, the annual volume of HHW collected by the program and the amount illegally disposed that is discovered in the load checking program will be calculated and compared with historic data to determine annual percent increases in volume collected and decrease in the volume illegally disposed. If the capture rates increase faster than growth, it can be reasonably assumed that there is diversion of HHW from the landfills and other illegal disposal sources. If data show the program is ineffective at achieving the program's objectives and targeted number of participants and volume of HHW collected, the following tasks will be performed: I. Initiate a public information campaign focused on household hazardous waste disposal violations by citizens and commercial entities and a general public awareness campaign. 2. Intensify household hazardous waste collection activities. 3. Fine identified violators. 4. As a last resort, initiate legal action on all identified commercial violators. 2209-111IHHW\COHHWE 7-3 , '\ - bY An annual report will be produced giving the results of the monitoring and evaluation methods and additional focused program tasks necessary according to monitoring and evaluation data. 7.3 RRC;PONsmILITIES Responsible staff for monitoring and evaluation methods and implementation include the following: 1) County of San Diego Department of Public Works Solid Waste Management Division (DPW) for the load checking data at County landfills. 2) City of San Diego Waste Management Department (SDWMD) for the load checking data at the City's landfill(s). 3) The County of San Diego Department of Health Services, Hazardous Materials Management Division (DHS-HMMD) for data collection from HHW collection programs, the telephone surveys, monitoring and evaluation data gathering, and the annual report. 2209-III\HHW\COHHWE 7-4 Il-b5 8.0 FUNDING Although proper disposal of hazardous waste is expensive, the cost of operating a household hazardous waste program can be kept to a reasonable level. For example, the Program operates at an average total annual cost of $145-$165 per participant. This compares favorably to the $400 average per participant in Los Angeles County. 8.1 SELECTED PROGRAM COST ESTIMATE Table 8-1 contains cost estimates for planning, implementation, and monitoring and evaluation of the major components of the HHW program to be conducted by the County of San Diego. Support program costs to the County for contracted services are included, as well as for DHS-operated programs. The tabulated cost estimates do not include costs incurred by private contractors to carry out program services in the unincorporated areas of the county. The cost estimates are based on the following assumptions: . Equipment and building costs, but not the cost of possible land purchases, are included under capital costs. . All programs listed will be implemented as previously described. . Succeeding year costs include an inflation rate of 4 percent. 2209-1 1 I\HHW\COHHWE 8 - I \"\.61- '5 \ ~ TABLE 8-1 Estimated County HHW Program Costs Short tenn (1991-1995) Components/Program Capital Implementation Total Annual Operating Expenses ($) Cost ($) Year 1991 1992 1993 1994 1995 Collection Component Collection and Disposal' 1,200,0002 1994 for Operation 2,425,000 2,522,000 2.623,000 2,978,000. 3,097,120 Permitting of up to Three New and of One Permanent Operation of One New and Existing Facility Permanent Facilities, Periodic Events, and DrolH'ff and Pick-up Load Checking Program (Include. w.... Dispusal) 90,000 1991 445,000 463,000 481,000 501,000 521,000 DDS Program Support Services 1991 312,000 324,000 328,000 351,000 365,000 Education and Public Information' Community Education 1991 203,000 211,000 220,000 229,000 238,000 Promotional Services 1991 73,000 76,000 79,000 82,000 85,000 Subtotal 276,000 287,000 299,000 311,000 323,000 Evaluation and Monitoring Public Survey to Evaluate Education and 1991 25,000 26,000 27,000 28,000 29,000 Public information a) Evaluation of Load Checking, Collection, and Public Survey Data, b) Report, and 1991 75,000 78,000 81,000 84,000 88,000 C) Program Evaluation, Review, and Redevelopment if Necessary Subtotal 100,000 104,000 108,000 112,000 117,000 Total Expenditures 1,290,000 3,633,000 3,178,000 3,930,000 4,087,000 4,251,000 Note: Capital Costa Will be funded by the County of San Diego. Include. recycling/reuse activities. Approximate costs for siting and permitting three pennanent facilities. Education and Public Infonnation will addreslI IOUrcC reduction issue.. Increased disposal colltl anticipated from increased participation due to new pennanent facility. 8.2 REVENUE SOURCES 8.2.1 CURRENT Table 8-2 shows the 1989-90 and 1990-91 fiscal years' costs for respective funding agencies of the existing regional HHW Program. The County of San Diego has an agreement with the City of San Diego that provides for the San Diego Regional Household Hazardous Materials Program. The County shares the costs for education and public information, and pays 100 percent of disposal costs attributed to the County's targeted collection wastestream (all jurisdictions but the City of San Diego) via collection services within the county or control numbers from drop-off facilities. The comparative total program percentage costs were about 50/50 percent for the County and the City of San Diego during fiscal year 1990-91. The County anticipates that ratio to change, and expects to pay approximately $45,000 more than the City during fiscal year 1991-92. The County's costs are currently funded through the Solid Waste Enterprise Fund by use of a County landfill surcharge of approximately $0.50 per ton. The tipping fees will be increased to fund increased program costs where necessary. 8.2.2 ALTERNATIVE AND CONTINGENCY SOURCES As the program expands and more collection centers are established, operating costs will increase. When solid waste disposal quantities decrease and revenue from the surcharge drops, the County and City may have to consider instituting some type of user fee and/or other charge. A contingency revenue source may come from bond funding. 22119-I1IIHHW1COHHWE 8 - 3 ll-td TABLE 8-2 Expenditures Fiscal Years 1989-90 and 1990-91 Funding Agency 1989-90 1990-91 Percent Expenditures Expenditures Increase Solid Waste Enterprise Fund $ 645,429 $ 963,697 49 City of San Diego Waste 618,984 845,671 37 Management and Water Utilities Departments Encina Administrative 6,900 6,900 0 Agency (Sewer Revenue Fund) Totals $ 1,271,313 $1,816,268 43 2209-111 \HHW\COIrnWE 8-4 ~l-b9 APPENDIX A SAN DIEGO REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM PRINTED AND AUDIO VISUAL MATERIALS Il~lC> APPENDIX A SAN DIEGO REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM PRINTED AND AUDIO VISUAL MATERIALS FISCAL YEAR: 1989-90 PRINTED MATERIALS AND LITERATURE . .Put Toxic Waste In Its Place" General Fact Sheets . Collection Event Flyers . Home Safe Home Fact Sheets - Household Cleaners . Home Safe Home Fact Sheets - Garden Pest Control . Home Safe Home Fact Sheets - Indoor Pest Control . Home Safe Home Fact Sheets - Automotive Products . Home Safe Home Fact Sheets - Arts & Crafts . Home Safe Home Fact Sheets - Paint Products . The World is Full of Toxic Waste - Your Home Shouldn't Be --A Comprehensive Brochure. . "Oue Substancias Toxicas Existen En Su HOl:ar?" -- A Household hazardous waste brochure in Spanish. , EDUCATIONAL MANUALS . Storm Drain Stencil -- A whimsical duck conveys the message: "No dumping, I live downstream" through a stencil students can paint near their storm drains as an enhancement activity for the school program. . For K - 3rd Grade. An interactive Computer Diiijllay -- Using a Macintosh computer and a touch screen, the program takes a child through the rooms of a house to discover household toxics and their hazards. Activity sheets are also available. These educational materials are used in schools, museums and community events. . 4th - 6th Grade Household Toxics Curriculum -- Developed in conjunction with educators and school administrators, the curriculum includes: activity sheets, student \'l-l\ workbooks, game boards, a complete teacher instruction guide plus a ten-minute video, Outta Si~ht. Outta Mind, which introduces the topic of household toxics. · 6th - 9th Grade Household Toxics Curriculum -- An interdisciplinary curriculum covering science, health, social sciences and language arts. Includes daily lesson plans and a seven minute video, H"7"rdous Waste: Whose Problem Is It Anyw~?, featuring students on an unique journey in discovering hazardous waste in their homes. · Tp"rher Traininl1 ProF:ram -- Introduces teachers to the curricula and provides follow-up and technical assistance. Teachers receive training as well as a quarterly newsletter, Teachers Talk Toxics. · Toxic Free Challenl1e -- A quick and easy inventory of an individual's knowledge of facts about household toxics. · Refuse Collector Traininl1 Manual and Videotl\pe Pro~ram -- Training program developed to educate refuse collectors about the hazards posed by toxics dumped in the trash. The illustrated guide and video, Get Smart About Toxics, are distributed to all refuse collectors during special training sessions. AUDIO-VISUAL MATERIALS · Household H"7"rdous Waste -- A 15-minute slide program. · Safer Substitutes: Alternatives to Toxic Household Products c- A 15-minute slide and audio tape program used in conjunction with presentation to community groups and adult students. Available in both English and Spanish. · Outta Si~ht. Outta Mind -- A ten minute video used with the 4th - 6th grade Household Toxics Curriculum which introduces the topic of household toxics. · H"7"rdous Waste: Whose Problem Is It AnYWay? -- A seven minute video program for use with the middle or junior high school curriculum featuring students on an unique journey in discovering hazardous waste in their homes. · Get Smart About Toxics -- A videotape program for training refuse collectors. · Home Safe Home --A slide show program used in conjunction with presentation to community groups and adult students. Available in English and Spanish. · Be An Ecolol!ical Shooner -- A videotape program which addresses specific pest control problems and recommends and demonstrates safer alternatives. t1-l~ APPENDIX B PUBLIC INFORMATION FLYERS \-, ' 1~ APPENDIX B CITY OF CHULA VISTA HOUSEHOLD HAZARDOUS MATERIALS BROCHURE \ l'l"\ HOUSEHOLD HAZARDOUS MATERIALS Throwing It Out The Right Way Household hazardous wastes are the discarded, unused or leftover portions of household products containing toxic chemicals. These products include: pesticides, insecticides, fertilizers, paint, car waxes/polishes, used motor oil, car batteries, gasoline, antifreeze, flea powders, pool chemicals, dyes, furniture polish, bleach, and cleaners containing chemicals such as acids and solvents. Any product which is labeled WARNING, CAUTION, POISONOUS, TOXIC, FLAMMABLE, CORROSIVE, REACTIVE, or EXPLOSIVE is considered hazardous. California law classifies these and similar household products as hazardous materials. Household hazardous materials require special treatment because improper use and/or disposal of products or containers may damage the environment and the public. It is dangerous, and illegal, to dispose of unused, leftover portions of household hazardous materials improperly. Chula Vista residents are encouraged to use safe, non-toxic products for house- hold and garden use. For information about household hazardous materials and safe, non-toxic alternatives to household hazardous materials, call the Environmental Health Coalition at (619) 235- 0281,1717 Kettner Blvd., Suite 100, San Diego, CA 92101. If you have hazardous materials around your home, proper disposal is convenient for Chula Vista residents. Here's how: Call the County of San Diego, Household Hazardous Materials Program at (619) 338-2267 and ask for a "Control Number" to dispose of household hazardous materials. County staff will ask you what you intend to dispose and the approximate quantities of each material. The County Control Number will allow you to take your materials to a disposal facility in Chula Vista. The facility will recycle and dispose of the materials properly. Disposal service is funded by the County of San Diego and is free of charge to residents. INFORMACION SOBRE SUBSTANCIAS TOXICAS Para mas informacion sobre substancias toxicas lIame al Environmental Health Coalition: 235-0281 Centro para el control de Envenenamientos: 543-6000 Contaminacion del aire en interiores American Lung Association: 297-3901 Salud y Seguridad de trabajadores HESIS: (por cobrar) 415-540-3014 RECYCLING AND COMPOSTING For information about recycling and composting in Chula Vista, call the City's Conservation Coordinator at 691-5031. For information on recycling items not picked up at the curb, call the I Love a Clean San Diego County Hotline at (619) 270-8189 or 1-800-237-2583. Prinud Oil RU1t1td Pop" -+ \"\ "'lS COUNCIL AGENDA STATEMENT Item 18' ITEM TITLE: Meeting Date 12/17/91 Report on traffic signal at East H Street and Bonita Vista High School driveway Director of Public ~!Jk$ ~ City Manager;C J1 ~~ (4/5ths Vote: Yes___No~) j Council Referral #2467 SUBMITTED BY: REVIEWED BY: Staff received a letter dated September 12, 1991, from Mr. Robert J. Thomas requesting that a traffic signal be installed at the entrance to the Bonita Vista High School and East H Street to facilitate left-turns into the parking lot. RECOMMENDATION: That the City Council accept this report and deny the request for a traffic signal at the intersection of East H Street and the entrance to the Bonita Vista High School parking lot. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their November 21, 1991 meeting, voted 5-0 to accept staff's recommendation to deny the request for a traffic signal at the intersection of East H Street and the entrance to the Bonita Vista High School parking lot. DISCUSSION: Staff has completed an evaluation study for traffic signals at East H Street and the entrance to Bonita Vista High School. A field investigation for the AM peak period, as mentioned in the letter, was also completed by staff. East H Street is an east/west 82-foot wide four lane major street with a 35 mile per hour speed limit. There are 25 mph "When Children Are Present" signs in the area. East of the school, there are 23 single family residential homes which front on East H Street. Traffic counts completed in May of 1991 show an Average Daily Traffic (ADT) count of 16,160 vehicles per day between Otay Lakes Road and Auburn Avenue. A revi ew of the acci dent records since January 1, 1988 shows that there have been no reported accidents at the school driveway. This segment has an accident rate of 0.60 accidents per million vehicle miles which is lower than the average accident rate 2.99 for similar roadways in the State of Cal ifornia. Staff conducted a traffic signal warrant study consisting of accident records, pedestrian counts, vehicle delays and volumes for the subject intersection to determi ne whether the i nsta 11 at i on of a traffi c signal at East H Street and the entrance to Bonita Vista High School is warranted. Based on the City Counci 1 's Traffi c Signal Pol icy, the subject intersect i on recei ved 13 poi nts out of a possible 100. Normally a candidate intersection would receive above 45 in compari son to other signal candidate 1 ocat ions to be recommended for signalization. Specifically, traffic volumes entering and leaving the school driveway are too low to justify stopping East H Street traffic. If a traffic \ ~ - \ Page 2, Item Meeting Date I~ 12/17/91 signal were to be installed, left-turning traffic would still have to yield to opposing traffic unless a left-turn phase was provided. Based on our analysis, the approximately $75,000 it would cost to install the traffic signal would not be an efficient use of the 1 imited traffic signal funds available, when considering the overall delay and the good safety performance of this location. Eastlake High School, which will be completed in the fall of 1992, is expected to provide traffic relief at the entrance to Bonita Vista High School. Specifically, the traffic accessing the High School to and from the east will be significantly reduced with the completion of Eastlake High School. It should be noted that eastbound motorists on East H Street desiring to access the parking lot can enter the parking lot through the Otay lakes Road entrance without having to encounter opposing thought traffic (see sketch). This intersection has been placed on the Traffic Signal Priority list in which several candidate locations will be studied and ranked by priority. This list is expected to be completed soon and will be forwarded to the Safety Commission and City Council within the next few weeks. FISCAL IMPACT: Not applicable. MA/File: KY-I58-2467 WPC 5817E _oft of tl'=-' p- t1'~ ~ Area Plat Area Sketch Zletter Dated 9/17/91 Traffic Signal Warrants Safety Commission minutes 11/21/91 (Draft) Attachments: \ % -2. \ - d:' 01 4-wA'l ~\ol' to. t; w"1 "To\, VY "Id\.~ I :,.,,\\'O E-"';' II.Jc.-.T -0 "tIS",!:. ~;'6"U"\...0 Title: M.A. Date: 11/6/91 ) ... AREA PLAT - ----- / - - -- - -~ : ..- ot:' I ...c. BONIT,. pOINT SHOPPING CENTER .-.-- ---- --- -y --- ---...-- Drawn By: MA Date: 11/6/91 BONIT,. VIST" HIGH SCHOOL p,.RKING LOT SOUTH WESTERN COLLEGE Title: AREA PLAT" 'P C lSl C " % ~ r' ROBERT J. THOMAS CABOL J. THOMAS 965 Buckaroo Ln. Bonita. Ca. 91902 619-479-2606 The Honorable Mr. T1m Nader Mayor C1ty of Chula V1sta 276 4th Ave Chula V1sta. Ca. 91910 Dear Mr. Mayor. roJ m rn ~ 0 w rn ~. ~J SEP I 7 /991 ill. TY CCUi~CI~ u~FI;;ES HUll vim CA The purpose of this letter is to uroe you to place a traffic 110ht on "H" St.. east of Otay Lakes Rd. at the entrance to the Bonita Vista H10h School park1no lot. On September 12 I turned into the parkino lot at approx1mately 7.05 A.M. I found the traffic flow west bound on H St. oppos1no my left turn to be extremely heavy and. at what I observed. travelino at excessive speed for a school zone. Traffic was backed up from the left turn lane to Otay Lakes Rd. waitino to turn. I must add. the hiOh school students I observed makino the left turn did so 1n a very safe and effect1ve manner. I belleve. however. the potential for an accident at that location 1s extremely h10h and the lack of proper traffic control devices places the students at unnecessary risk. Thank you for your consideration. Robert J. Thomas Copy to: Bonita Vista H10h School ( . cc-"5l~~ ,/7 ij~ f7 ) .f? ~~~ WRI,f(NC(iMMUNICA TIONS ~, I l~-S 00 ~ -l~ .-c.......;. ::0 ('"',.0 ~ 'Tl r-' (") rT -;] - m .... ...., - ',. ... < .. .', I'Tl .. iB .-. - 0 -" ~~ .;..\ ,..,.,~ c '. .et Warrants 1/ ~~~~" /0 Calc Ck Perl od from fI1 .r /) Date Date $//,1'10 to //)/~//'?/ 6/so/<1/ #' . Total Points TRAFFIC SIGNAL WARRANTS Intersection: (No./7/'ZO - /()S'S"o ) Major Street E:..os-f ~)/" S'free.+ Minor Street BtJ",~", V,'S"'Q #i,,~ 5c ,"'0' j)~;~r=w.y 85th Percentile Speed on Major Street . ~~ MPH ' Is 85th Percentile Speed Greater than ~jor street? Yes Rural (R) ADT I!) 170 40'10 No K Urban (U) WARRANT 1 - Minimum Vehicular Volume Did VPH exceed minimum requirements ALL 8 hours? 100% Satisfied --- 80% Satisfied If Yes to 100%, then warrant 1 is met. Yes No ~ Yes - No + Minimum Requirements (80% shown in brackets) Time U R U R '-7 7-'iI 8-'1 J-z. '1-.5' 5-0 Approach Lanes 1 12 or more Z-3 3-'1 Both Apprchs. 500 350 600 420 8'15 13(,5 9/1/ jor Street (400) (280) (480) (336) /0 95 /()~() 125"C IUS' 1'137 Highest Apprch. 150 105 200 140 3 21 IS' 37 2'1 /87 102 ~inor Street* (120) (84 ) (160) (112 ) /93 ~Note : lieaVler lett turn movement rom MaJor :>treet lnclu ea wnen L T -p~ (flour) VPH VPH asing is proposed ___, however, LT vehicles must be subtracted out from major street. Circle hours when satisfied. (Maximum 8 hours) (Maximum points 12) Number of flours Sati~fied 100% Points qJ 2 3 4 5 6 7 8 GJ o o 1 2 3 4 6 12 TOTAL POINTS c6 / \~-~ p asing is proposed _, however, L T vehi cl es must be subtracted out from major street. , Circle hours when satisfied. (Maximum 8 hours) (Maximum points 8) " "'ARRANT 2 - Interruption of Continuous Traffic" ~.d VHP exceed minimum requirements ALL 8 hours? 100% Satisfied - 80% Satisfied If Yes to 100%, then warrant 2 is met. Yes No ~ Yes - No-X- Minimum Requirements (80~ shown in brackets) Time U . R U R 6- 7 ?-~ ~-~ I-Z 2-3 J-II '1-~ ~-- " Aooroach Lanes I :r or more 80th Apprchs. 750 525 900 630 e I/.$' /3&.t 1095' 9/,/ 12e5 Major Street (600) (420' (720) (504) lot)(; 1250 I 'It? Highest Apprch. 75 53 100 70 , . . I~' ;9 ioz... Minor Street* (60) (42) (80) (56) 3 ;21 37 187 }93 "Note: HeaVler left turn movement from Major Street i ncl uded when LT- h Number of Hours Sati sfied 1 OO~ Points o 1 2 CD 4 5 6 7 8 o o cp 3 4 5 8 TOTAL POINTS ~ -2- Ica-1 - (Hour) VPH VPH WARRANT 3 - Minimum Pedestrian Volume ~id VPH exceed minimum requirements ALL 8 hours? 100% Satisfied Yes - 80% Satisfied Yes If Yes to 100%. then warrant 3 is met. No .2L No~ Minlmum Requlrements (80% shown in brackets) Time U R Both Approaches No median 600 420 Major Street (480) (336 ) Volume Raised min. . . 4' 1000 700 Medi an (800) (S60) Pedestrian Crossing lSO 10S ~'aj or St ree t (120) (84) (Hour) VPH VPH VPH Circle hours when satisfied. (Maximum 8 hours) 'Maximum points 8) Number of Hours Satisfied 100% Points o 1 2 3 4 S 6 7 8 o o 1 2 3 4 S 6 8 TOTAL POINTS t21 / WARRANT 4 - School Crossing Not Applicable ~ See School Crossing Warrant Sheet IF A. The signal has been requested by the City Council CJ OR B. The crossi ng is on the "Sugges ted Route to School ~'aps" CJ OR C. The signal has been requested by the school board CJ \ \.8 . 'RRANT 5 - Progressive Movement ~1nlmum e ulrements .... Satisfied Yes No X. Distance to Fu ed 1000 ft. N ft, S ft, [ jj?..s ft. W J 2 S' ft Yes_No n one way so ate street or street Wlt one way tra lC f significant volume and adjacent signals are so far apart hat necessary platooning and speed control would be lost. __________________________________________________________________________ Yes No n two way streets where adjacent signals do not provide necessary latooning and speed control. Proposed signals could constitute a ro ressive si nal s stem. TOTAL POINTS @ . (If satisfied the warrants give 8 points.) WARRANT 6 - Accident Experience IReaUl rement Satisfied* Yes No X. Warrant v Fulfilled 80'1; Warrant 1 - Minimum Vehicular Volume -----------------------------------------------~---_. or Warrant 2 - Interruption of Continuous Traffic ----------------------------------------------- ----. or Warrant 3 - Minimum Pedestrian Volume Yes One Warrant Satisfied Adequate trial of less restrictive measures such as warning signs, proper lightine, painted markings, etc. have failed to reduce the correctible accidents (in previous 12 months) to less than 5 correctible accicents. Yes No$ No -X- 5 or more correctible accidents (in previous 12 months) left-turn accidents can be included when LT-phasing is proposed Period from I ~Klv 90 to .30 .::r..,vJZ U f fl Correctible accidents/Total accldents / ~ Yes No -.X.- ~ Correctible Accidents x 2.0 points/acc. a ~mum points 16) *must satisfy all 3 warrants ~ Re-forfi2d a.cc.;oI~,,-I~ S/YJce. d , TOTAL POINTS 1 I/J/U -I'v pnunf -4- \ & ~ ~ .. WARRANT 7 - Systems Warrant Satisfied Yes NO~ signal may be warranted at the intersection of two (2) or more major streets and/or prime arterials where the total entering traffic volume is at least 800 during the peak hour of any average weekday, or for any five (5) hours of a Saturday and/or Sunday. On Saturday and/or Sunday each hour must have a total entering traffic volume of at least 800. (If satisfied the warrants give 8 points.) TOTAL POINTS -/i2- WARRANT 8 - Combination of Warrants Are 2 of 3 requir~ments met? e Ulrement Satisfied Yes No~ arrant 1 nts V'"" U 1 e wo Warrants 1 - Minimum Vehicular Volume 3 -------------------------------------- ------ ------ atisfied 2 - Interruption of Continuous Tra ffi c 3 -------------------------------------- ------ ------ 80% 3 - Minimum Pedestri an Volume 2 Yes No (Maximum points 8) Total Points = 1 TOTAL POINTS (21' WARRAHT 9 - Four Hour Volume Satisfied* Yes No -K- Number of Lanes on Major Street Number of Lanes on Minor Street One One- Two or more ~ Two or more ~ Time 3-~ 5-(;, (H Both Approaches, Major Street /2 s-o /'187 Highest Approaches, Minor Street /27 )93 Eo- our) &;<ceeds IJ~V"# * A signal may be warranted, when for each of any four hours of an average day, the plotted points representing the vehicles per hour entering the intersection from both approaches on the major ~treet and the vehicles per hour' entering the intersection from the higher-volume minor street approach (one direction only) for the same one-hour all falls above the curve in Figure 9-?A (urban areas). or Figure 9-2B (rural areas) . Number of hours satisfied ~ x 2.0 pointS/hr. = (Maximum points 8) i TOTAL POINTS ~ -5- \~--IC> '~RANT 10 - Peak Hour Delay 'to"-' Satisfied* Yes X No _ I. The tota delay experienced for traffic on one minor street approach controlled by a stop sign equals or exceeds four vehicle-hours approach and five vehicle-hours for a two-lane approach; and for a one-lane Yes A No s or excee s for two moving lanes; an~J Yes ..,l5..- No e our equa s or excee s approaches or 650 vph Yes No * A signal may be warranted when the conditions given above exist for one hour (any four consecutive 15 minute periods) of an average weekday. (If satisfied, this warrants give 8 points). (Maximum points e) TOTAL POINTS 8 Number of Lanes on Major Street Number of Lanes on Minor Street One One Sati sfied* yes.)C No Two or more )< Two or more ~ Time (Hour) ~P.ANT 11 - Peak Hour Volume ~-r.. Both Approaches, Major Street /'187 Highest Approaches, Minor Street /93 * A signal may be warranted, when for anyone hour of an average day, the plotted point representing the vehicles per hour entering the intersection from both approaches on the major street and the vehicles per hour entering the intersection from the higher volume minor street approach (one direction only) for the same one hour both falls above the curve in Figure 9-2C (urban areas) or Figure 9-20 (rural areas). Number of hours satisfied 100% -e- x 8 points/hr. = (Maximum points 8) -e- TOTAL POINTS -e- " :};J'h ~ . ...,...(_ ~~ 2~ .:n/..,.,~. I.ti - II '. 12. Special Conditions - Engineering judgment shall be used to award points based on special conditi ons. A range of +8 to -8 poi nts may be awarded based on either benefits or disbenefits to be derived from installation of traffic signal. TOTAL POINTS 0 13. Sunma ry Points Maximum Points 1. Volume Warrant ~. 12 2. Interruption Warrant 1. 8 3. Pedestrian Warrant CJ 8 4. School Crossing Warrant (;)' 0 5. Progressive Movement (2J 8 6. Accidents Warrant 0' 16 7. Systems Warrant 0 8 8. Combination Warrant (25 8 9. Fo-ur Hour Volume Warrant LJ 8 10. Peak Hour Oe1 ay 8 8 11. Peak Hour Volume Warrant -f7- 8 12. Special Conditions ...A- 8 TOTAL 13 100 -7- 1~-I2.. ." , ... ..~ :!. Remarks . #0 /'epo,..;er:! fie ~ I~~;.I.J re/e:;kd ""0 .5;;. It 00/ dr~v-e-w;v ;n J-t;c. jq's-f 3 !..-z-~vez..e;,r$ (i./ljn +p,fJrese"f) 8S% .S~~ :s YfMfJlI . h;,1, ';0", Schoof c;~e.Q 7/;;0$ .speed c "w/t! iJe c ~11.s/:./-r ~j (I'o'ft!::! ~ J:/i11'H w~e.r c.J.,t)eI~ ,rc.s(T~ ~ "'PC 2835E -8- \ C&... \~ o 300 Figure 9-2A FOUR HOUR VOLUME WARRANT (URBAN AREAS) 400 500 600 700 600 900 1000 1100 1200 1300. 1400 MAJOR STREET-TOTAL OF BOTH APPROACHES-VPH . NOTE: 115. VPH APPUES AS THE LOWER THRESHOLD VOLUME FOR A MINOIl STREET APPROACH WITH TWO OR MORE LANES AND 80 VPH APPUES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. . , " % ... > I :r ti~ UjO a:: a:: ...... co'" ..,,: c .Q Uj z:l: -;> :I..... o > :r " :i: , . 400 300 200 100 o 200 ., . Figure 9-28 FOUR HOUR VOLUME WARRANT (RURAL AREAS) 2 OR MORE LANES' 2 OR MORE LANES 1 LANE' 1 LANE 300 500 600 400 700 800 900 MAJOR STREET-:TOTAL OF BOTH APPROACHES-VPH . . * NOTE: BO VPH APPUES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 60 VPH APPUES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. . '. ~ I ~ * * - 1000 Figure 9-2C PEAK HOUR VOLUME WARRANT (URBAN AREAS) 600 :r ... > I 500 :r .... 0 ... c( ... 0 400 lC lC ..... ... II) ... a: C Ow 300 Z :I: - :> :I: .. 0 > 200 :z: CJ * :i: 100 * .s'. - ,":- .:II; . . - ; ~ -': . . . ., 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1600 I I I. . MAJOR STREET-TOTAL OF BOTH APPROACHE5-VPH * NOTE: 150 VPH ~PUES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE lANES AND 100 VPH APPUES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. , . " .- . :I: ... > I :I: U tic( ... 0 a: a: I- ... II) ~ a: ... o :E .2: :> :Ii ... o > :I: o f FIgure 9-20 PEAK HOUR VOLUME WARRANT (RURAL AREAS) 2 OR MORE LANES. 2 OR MORE LANES 400 2 OR MORE LANES. 1 LANE 300 1 LANE. 1 LANE 200 100 300 400 500 600 700 800 900 1000 1100 1200 '. MAJOR STREET-TOTAL OF BOTH APPROACHES-V PH . * NOTE: 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 75 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. .. - I ~ - * * 1300 . , MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, November 21,1991 7:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. Roll Call: Present: Chair Braden, Commissioners Thomas, Koester, Padilla, Pitts Excused Absences: Commissioners Chidester and Matacia Also Present: Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic Engineer; Sgt. Tom Schaefer, Police Department; Shirley Buxton, Recording Secretary 2. Aooroval of Minutes MSC (Koester/Padilla) to approve the Safety Commission Minutes of October 10, 1991 as amended to correct the spelling of Agent Lederle and Agent Truel. Approved 5-0-2 with Commissioners Chidester and Matacia absent. MEETING AGENDA 3. Reouest for a Traffic Sional at East "H" Street and Bonita Vista Hioh School Drivewav Frank Rivera informed the Commission that staff received a request to signalize the intersection of the Bonita Vista High Schaal Driveway and East "W Street. Staff evaluated this intersection far a traffic signal, but it did not meet any warrants. If a traffic signal were installed at this location, motorists attempting a left turn into Bonita Vista High School would have to yield to oncoming traffic, unless the traffic signal provided left turn phasing. The location has no accident history and other than the busy 15-20 minute period in the morning, the rest of day the motorists can yield to oncoming traffic easily because there are adequate gaps in traffic. Staff is recommending that the request be denied. Staff has placed this location on the Traffic Signal Priority List which will be completed in December 1991. The January Safety Commission meeting should have the Traffic Signal Priority List for approval. Co-Chair Thomas asked staff for the definition of an intersection. Mr. Rivera said an intersection is where any two streets intersect. Mr. Rosenberg said the City Attorney has given the opinion that in some situations a driveway can be considered an intersection since it is entry into a roadway. Even though it is private property, there are many driveways that function as a street because of traffic volumes. MSC (Padilla/Thomas) to accept staff's report and deny a traffic signal at the Intersection at East "H" Straet end Bonita Vista High School Driveway. Approved 5-0-2 with Commissioners Chidester end Matacia absent. 4. Request for an AII-Wav Stoo at Oxford Street and First Avenue Traffic Engineering staff received a request from Pamela Wiser to have en all-way stop installed at First A venue end Oxford Street to help reduce vehicular speeds on Oxford Street between Third Avenue and Hilltop Drive. There are no traffic controls on Oxford Street between Third Avenue and Hilltop Drive. Castle Park Elementary School is located on Oxford between Hilltop Drive and First Avenue. The erea between First and Third Avenues is generally residential and the posted speed limit on Oxford Street is 35 mph. An all-way stop evaluation was completed by staff, and the intersection did not meet the criteria necessary to justify an all-way stop. A review of the accident history shows that five accidents occurred at First Avenue and Oxford Street and were caused by vehicles which did not stop at the northbound or southbound stop sign on First Avenue. UN^""""!"I1~ll ^" fl..!!" !!P'\"" r:""....",..- ~~J1t'W~fjL~!ioI tiwUi:1\a",).. L Ii ..,(' COUNCIL AGENDA STATEMENT Item~ Meeting Date 12/17/91 ITEM TITLE: Report on request for an all-way stop at Oxford Street and First Avenue SUBMITTED BY: Director of ~1b;ic<~rks ~ REVIEWED BY: City Manager;/ ).,? JI (4/5ths Vote: Yes_No...L) In a request dated on Octob~ 24, 1991, Mrs. Pamela R. Wiser, of the 100 block of Oxford Street, requested that stop signs be installed on Oxford Street at First Avenue to reduce vehicular speeds on Oxford Street. RECOMMENDATION: That the City Council accept staff's report and deny the request for stop signs on Oxford Street at the intersection with First Avenue and approve staff's recommendation to lower the speed limit from 35 mph to 30 mph. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commi ssion at thei r November 21, 1991 meeting voted 5-0 to accept staff's recommendation to deny the request for stop signs on Oxford Street at the intersection with First Avenue and lower the posted speed limit from 35 mph to 30 mph. DISCUSSION: Oxford Street is a 40 foot-wide east-west residential collector street. The Average Daily Traffic (ADT) is 5,330 vehicles per day. Oxford Street extends from just west of Broadway on the west to Nacion Avenue on the east near the 1-805 right-of-way. The posted speed limit in the area is 35 mph except near Hilltop Drive, adjacent to Castle Park Elementary School, where it is 25 mph when children are present. First Avenue is a north-south residential collector with a pavement width of approximately 38 feet. The ADT is approximately 1,530 vehicles per day. The speed limit is posted at 25 mph. A review of the accident history for the subject intersection for the period of January 1, 1988 to September 30, 1991 shows that there were six reported accidents. Five of the six accidents involved vehicles which did not stop for the existing stop sign on First Avenue. Two were caused by northbound vehicles and three were caused by southbound vehicles. The other accident involved a westbound vehicle on Oxford Street which passed to the left of a slow vehicle which was attempting to turn left onto First Avenue. Unwarranted stop signs on Oxford Street could result in an increase in accidents due to unexpected braking of traffic on the major street. The subject intersection does not meet the Council criteria for an all-way stop at this intersection. The intersection received 8 points out of a possible 54, thereby not meeting the minimum 30 points required. The intersection received a low rating because of the low volume of traffic on the minor street (First Avenue). All-way stop signs are very restrictive controls and require all motorists entering the intersection to stop at all times. Our experi ence has shown that unless there is an apparent need to stop, many motori sts do not come to a complete stop, thereby jeopard i zi ng the safety performance of the intersect ion . Al so, motori sts are unnecessarily de I ayed, often result i ng in congestion and poll ut i on. It is for these reasons that \A"..\ Page 2, Item \ q Meeting Date 12/17/91 there are stri ngent criteri a for the install at i on of all-way stops. All-way stops are most effective at locations where the vehicular volumes on the two cross streets are most equal; where there is congestion on the street controlled by stop signs caused by motorists having to wait excessive amounts of time for break in traffic on the through street; and where there have been right-angle type accidents that possibly could have been prevented by stop signs. Thi s intersect i on does not encounter any of these s ituat ions. The sight distance on Oxford Street is adequate for motorists on First Avenue. Stop signs are used to help assign right-of-way at intersections and are not intended to be used for reduci ng motori sts' speed. Actually experi ence has shown that stop signs are i neffect i ve in reduci ng overall speeds and certain type of accidents. Stop signs reduce vehicle speed only within 150 feet of an intersection. They are ineffective at reducing speeds midblock because motorists try to make up for lost time. The installation of the all-way stop signs on Naples Street and Second Avenue is an example of the ineffectiveness of the stop signs in reducing overall speed. After the i nsta 11 at i on of the stop signs, the speed of motori sts midblock remained about the same. Eastbound motorists speed at midblock reduced to 36 mph from 39 mph. Westbound motorists speed reduced from 39 mph to 38 mph. These speeds were recorded approximately 500 feet past the stop sign. It should be noted that the accident rate is higher at the all-way stop controlled intersection of Second Avenue and Naples Street, than at the two-way stop controlled intersection of First Avenue and Oxford Street. Speed survey results show the average speed for eastbound traffi c on Oxford Street is approximately 32 miles per hour and westbound traffic is approximately 39 miles per hour. Speed I imi ts set at or s lightly be low the 85 percentile speed provide law enforcement offi cers with a means of contro 11 i ng the dri vers who wi 11 not conform to what the majori ty cons iders reasonabl e and prudent. Only when roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, are speed I imits somewhat below the 85 percentile warranted. Speed I imits higher than the 85 percentile are not generally considered reasonable and safe. Staff is, therefore, recommendi ng that the request for an all-way stop be denied and that the 35 mph speed limit on Oxford Street be reduced to 30 mph due to the numerous residential driveways, and the proximity to Castle Park Elementary School. FISCAL IMPACT: $150 for an all-way stop. WPC 5816E MA: FR/KY-157 Attachments: 11;" ~+ ~~~ ~C;; All-way stop study Area plat Glossary Letter dated 10/24/91 Safety Commission minutes 11/21/91 (draft) \ 'I..;t CITY OF CHULA VISTA ALL-WAY STOP CONTROL WARRANTS INTERSECTION (JxF't'Jf21) 51iut / F./JI IJJ(. Major Street/Minor Street Date: II / /I / '11 Total Points ~ (1.bl.....~ -00) GENERAL: A fully justif;ed, properly installed all-way stop can effectively assign right of way, reduce vehicle delay, and decrease accidents. Generally, an all-way stop is reserved for the use at the intersection of two through highways, and only as an interim traffic control measure prior to signalization. Stop signs are not to be used for speed control. The posting of an intersection for all-way stop control should be based on factual data. Warrants to be considered include: 1. Accident records 2. Unusual conditions 3. Traffic volumes 4. Traffic volume difference 5. Pedestrian volume Points are assigned to each of these warrants. The total points possible are 54. The installation of an all-way stop control is justified with a minimum of 30 points, unless anyone of the CalTrans criteria is met. ALL-WAY STOP POINT SYSTEM CRITERIA: 1. ACCIDENT WARRANT: Two points are assigned for each accident susceptible to correction by an all-way stop control during one full year prior to the investigation date. Total number of accidents correctible by all-way stop: {/ Maximum 14 points SCORE: () Points 2. UNUSUAL CONDITION WARRANT: Where unusual conditions exist, such as a school, fire station, playground, horizontal or vertical curves, etc., points are assigned on the basis of engineering judgment. Unusual conditions shall be considered only if within 500 feet of the subject intersection. In resident i al neighborhoods where there is a con cent rat ion of school age children activities separated from the residential neighborhood by a \~~.3 collector street and coupled with other conditions, the Citv Traffic EnClineer may apply traffic engineering judgment and waive the 30-point minimum point requirement to qualify the intersection for an all-way stop control. The 30-point minimum requirement mAY be waived and an all-way stop mAY be installed only if less restrictive controls have not corrected a documented problem. All-way stops mAY be justified based on projected volumes and accident frequency when traffic signals are warranted and will be installed within a specified period of time. Maximum 10 points SCORE: c Points 3. PEDESTRIAN VOLUMES Consideration is given to large numbers of pedestrians crossing the major street during the four busiest hours of an average day. Pedestrian CrossinCl Maior St reet. T ot a 1 durinCl 4 busiest traffic hours Volumes: 1-50 51-100 101-150 151-200 201-0VER Points: Q) 2 3 4 5 Maximum 5 points SCORE: \ Points 4. TRAFFIC VOLUMES Points are dependent upon the magnitude of vehicular volumes entering the intersection during the four busiest hours of an average day. Traffic Counts (circle four highest hour volumes): Hour Ending At: $,,00 I ,,~, ,s"o ....~c\ I~OO Dir 0600 0700 0800 0900 ]000 ]]00 ]200 ]300 ]400 1500 1600 1700 1800 1900 2000 NB SB 51 l'lli I~O '\~ ,'l.'L ''6\ 1'\4 t'lS EB ''I, 'tl"l 1..".5 l1$" 11.'1 ''\.4 "'''I ~- ~\.\- Il.\~ I!:I\o I'l.~ ~ ~ ''''l. 1.\<; m- 1.~~ 1.'61. I\~ 1'1.'6 1\'1... I~ ,,,<:>. \"1.'5 \I. ''11... 'i"$ nl '2.5 28 ffi \"\'1 \ '1.1. \01 WB ,'" 1.5 'l<>"!. 1'3'.) \"'''' 158 Il.\\< \'IS l.o~ ~ 2.40 ''1'1.. I....., 'oS (,~ ll,1. .'''10 ~\ -..D.& ~ \,1- I" I"\< 273 1.1) 104 ,'l,~ '=\,\ I~~ '2.11- \'ll"\ \'51 I\,S 15~ 1"15 ~\'\ ~ tn ,'!.~ "t ~ "0 llob \0 T \~'l ~!:I'5 3(,(, 't'!>'\ 1.1(; t~o 350 ~8,B 444 ~,4 509 4(,~ 3'-<' l'31.1 I,.S -2- \'\ - ~ Traffic Volumes Warrant Points shall be assigned in accordance with the following, tables: Total of Total of Major Approach Legs Minor Approach Legs 4-hour Volume Points 4-hour Volume Points o . 1000 0 o - 400 <b 1001 - 1300 1 401 . 600 1301 - 1600 cb 601 . 800 2 1601 . 1900 ,~"I" 801 - 1000 3 1901 - 2200 4 1001 - 1200 4 2201 - 2600 5 1201 - 1400 5 2601 - 2900 4 1401 . 1600 6 2901 .. 3200 3 1601 - 1800 7 3201 - 3500 2 1801 - 2000 8 3501 - 3800 1 2001 - 2200 9 3801 - over 0 2201 - over 10 SCORE: ..:i.. Points SCORE: ...L Points Maximum 5 Minimum 10 5. TRAFFIC VOLUME DIFFERENCE All-way stops operate best when the major and minor street approach traffic volumes are nearly equal. Points shall be assigned 1n accordance with the following table: 24-Hour Minor St. Aooroach Volumes 24-Hour Maior St. Aooroach Volumes X 100%. z.a..o \ '{. Points SCORE: 10 9 8 7 6 5 4 eLl 2 1 o 3 Points 95 - 100 85 - 94 75 - 84 65 - 74 55 - 64 45 - 54 35 - 44 25 - 34 1-'\ .01 '/~ 15 - 24 5 - 14 0-4 Maximum 10 Points -3- \t:i...S CALTRANS CRITERIA CChaDter 4 Catrrans Traffic ManuaL) Any of the following conditions may warrant a multi-way STOP sign installation: 1. Where traffic signals are warranted and urgently needed, the multiway stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2. An accident problem, as indicated by five or more reported accidents within a 12 month period of a type susceptible to correction by amultiway stop installation. Such accidents include right- and left-turn collisions as well as right-angle collisions. 3. Minimum traffic volumes (a) The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and . (b) The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but When the 85-percent i1 e approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. (c) -4- \~-~ NO - ~o - ~c 1-010 E:' ALL-WAY STOP SUMMARY INTERSECTION: O.fuJ sT.'aT / r.,'JT lIt/t ('2.'bL."\~ -00) DATE INVESTIGATION WAS COMPLETED: /I{II Ita, I TOTAL SCORE: ~ points out of a possible 54. The minimum required to justify an all-way stop control is 30 points. INTERSECTION DIAGRAM: Iv ~ b\o~ ....~" O~"fo\Z.\) ,&\\U.t\ ~..~ ..;~'" 1- ;f) .aC u: i,7" Voe." A<!!T MJ I in j T..J.l aill - W'7 5 7; f' rYle..U 0 J I tfL &J. 0."IS /q<<"'e .....c.-J;. RECOMMENDATIONS: be- )""'- on- '- \ c>._~ ~<.~\\...\'~ ~~ '!:.,~"'\ 6.I-L. '''' ~~'''''''ll~ ~ -1 ~ (V~O.::\~O....L",\ o.r-RA \.l.LO"""<- pc.Af -1 rr... 1 0 ~\IlL~ lI,sT; REMARKS: WPC 5546E \~-1 -5- CITY OF CHULA VISTA ALL-WAY STOP EVALUATION WORKSHEET Intersection oJ<.FlI\.L\ s'\he.\ (Major) I F;{sl A\K (Minor) File \<..1.\ - ,0:,'" Date~. Investigator M.I<.. Qualifies for All-Way Stop based on 30 or more points: Yes No rJa Points Qualifies for All-Way Stop based on other criteria: If yes, explain: Yes No "-''0 : Sketch of intersection with visibility data On back Attached....- 1. Accident History Points Possible From \ / I. / ~ '8 to '0 / 30 / <\ \ Accidents/year correctable by Stops x 2 points/accident a 14 2. Unusual Conditions ~o~ o 10 3. Pedestrian Volume Pedestrians \e...-. ,I-- 50 crossing the major street during 4 hour count \ 5 4. Traffic Volumes (Peak 4 Hours) Major approaches \ '6 0, 11 . Minor approaches 556 3 \ 5 10 5. Traffic Volume Difference Z!\.O\ .~ 3 10 TOTAL Minimum Points Required ~ 54 30 WPC 5546E -6- \~..g ;-... c: 0::;:.\ .~ ; f'.. ...._. II> :l[ '0 = - . '" I '" '" ~I > f> ..., - ..., r- ,., .. ;..0 . .- . .. -....-.--- ~. Ii ~ too... f . f .,j i I ~ i 4tH: I ~ -000C81! ~! - -- ""0"- _..... . .. 0- . 7"'. THIRD ~ ' .) '- i i , , , ~ I . . , I : o' j I ~ I , , . . . . 0 0 <9>. TWIN OA K S I J l- i Co~ ,--,--,.-.. l/l . , "'I j I ',:!; Ii' .J'1 1111: 11 I ... , ,01 , I -0 .. I .. I -l .J ~ECO~D - .. - - ~ L. AVE NUE ,I , ~..._~- E~ :;w'~ . r.;rn- : ~t -- ..... ,_ 35 _Ud v- ELM 't>~ I~ jJ~ m J> -O- r- J> -1= I. _. C'> r' (T1 Z :1- ~ ..: (T1 z , , I ~ , . i L ~..\ /' ~. -----('.~- :zl. (II .~ '---- (II c: -- _.-- Pl E .-- .-- .-t-m 0 .. --5- -0 )( , -_.. . Z~ .. -:I o~, I 0 --- ....-.- ._-.- -p' l..1l ' ~ ';r 0 1'\ JAVENUE '- _LI ~ , .'. '. to' PIN E ~ .. -< I F\Il.~T w ~. .... ..I p"'-.- I,..- --': : I --0 , 0' J(ON 'O'XI'lN *A' -~ i 'fh-: T08IA'" "'I-- -+ ,. r 1'"1 r-~. ~ 1__.__- ~ . . ~- ... r--.... :5 ~ . \. crWR'T J...., A \IE ~:=. ! I r I i ; i I, . ~ ! , , . t . 'f . .,; "I . : i': . , , I ::lEL Ml.R r- ; II \ i ,. Z . i I J> , "0 . . , .0- r- . ' I I i . '" I l I I . 1 ...... '" . . ! t I ~ I: AVENUE . , i I I : : : II ~o""l'h i ,... - I '- - --1 I I .. . I t )( , . )~ , I , . . _'-I 'U -rl - . f :.1. . I . AVENUE . . . , I .- AVt.NUt. c L...., (/I .. . -c I . , . :zl : "., ... , ", , ... ) . 0 . . 0 . . 0 - vt. I ,I ,f " . 00 . . .... ...'. DM",'t I ~ ~'~I i , L' l' ; I ! i .I. I!i ~ VI l!!)I.: .l,-Ll.~ I " I o. ,~ . \_ ~ n ~ . I . 5 B-T ~ ~?-;; :J- :u I?I ~- J> '" , .: :~ -- 0 .+~I~IiI~;I~L,\.~~..~..*- DRIVE ~ .., :c ." ." .., . ~ .. )...... , , , -7r . :f1 I-. _ J .... . I GLOSSARY Average Speed All Vehicles Average Daily Traffic: Total volume of traffic over a 24 hour period. Sum of all the recorded speeds divided by the total number of vehicles recorded. ADT Med~an Speed Speed which SO\ of the vehicle were above and 50\ were below. est!. Percentile Often referred to as critical speed, this speed,is the speed eS\ of the drivers travel at or below. This is the speed used by the State of California to determine what speed limit should be posted. The speed that was most often recorded during the survey. lq"'LD MAWTHORHE-FJELD SERVJCE 61'292e29~ p.el Mrs. Pamela R. Wiser 85 Oxford St Chula Vista, CA 91911 (619) 427-8393 October 24, 1991 City of Chula Vista Mayor and Council Office 276 4Th Ave Chula Vista, CA 91910 ATTN: Ms. Shauna Stokes Dear Ms. Stokes; I am writing to you in regards corner of First and Oxford St. not on Oxford. to having a STOP sign put on the Their is a stop sign on First but A STOP Sign is need at this intersection in the worst way. Within the last four months their has been three accidents. On an average of every other week a animal is hit and the speeding on this street is like being on a freeway. The average speed of a car is 50 and not only do they speed but they pass on an other as well. This STOP sign would help the speeding, and the passing of cars. I know one day if it has not already happen a child will be hit their is a school not two block away. They distance from one intersection that has a signal light is on 3Rd and Oxford and the next STOP sign is on Hilltop and Oxford St. this is a good run for cars to speed and pass one an other. Please give me a call at home (619) 427-8393 or work (619) 974-6874 I would like to know what can be done in this area. I have take a ph~ of the last accident and I would be more than happy to send a copy to you. . Please forward a copy of my request the Safety Commission. Sincerely; Pam wiser ~~-\\ MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, November 21, 1991 7:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. Roll Call: Present: Chair Braden, Commissioners Thomas, Koester, Padilla, Pitts Excused Absences: Commissioners Chidester and Matacia Also Present: Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic Engineer; Sgt. Tom Schaefer, Police Department; Shirley Buxton, Recording Secretary 2. Aooroval of Minutes , MSC (Koester/Padilla I to approve the Safety Commission Minutes of October 10, 1991 as amended to corract tha spelling of Agent Lederle and Agent Truel. Approved 5-0-2 with Commissioners Chidester and Matacia absent. MEETING AGENDA 3. Reauest for a Traffic Sianal at East "H" Street and Bonita Vista Hiah School Drivewav Frank Rivera informed the Commission that staff received a request to signalize the intersection of the Bonita Vista High School Driveway and East -H- Street. Staff evaluated this intersection for a traffic signal, but it did not meet any warrants. If a traffic signal were installed at this location, motorists attempting a left turn into Bonita Vista High School would have to yield to oncoming traffic, unless the traffic signal provided left turn phasing. The location has no accident history and other than the busy 15-20 minute period in the morning, the rest of day the motorists can yield to oncoming traffic easily because there are adequate gaps in traffic. Staff is recommending that the request be denied. Staff has placed this location on the Traffic Signal Priority List which will be completed in December 1991. The January Safety Commission meeting should have the Traffic Signal Priority List for approval. Co-Chair Thomas asked staff for the definition of an intersection. Mr. Rivera said an intersection is where any two streets intersect. Mr. Rosenberg said the City Attorney has given the opinion that in some situations a driveway can be considered an intersection since it is entry into a roadway. Even though it is private property, there are many driveways that function as a street because of traffic volumes. MSC (PadillalThomasl to accept staff's report and deny a traffic signal at the intersection at East -H" Street IInd Bonita Vista High School Driveway. Approved 5-0-2 with Commissioners Chidester and Matacia absent. 4. Reauest for an AII-Wav Stao at Oxford Street and First Avenue Traffic Engineering staff received a request from Pamela Wiser to have an all-way stop installed at First A venue and Oxford Street to help reduce vehicular speeds on Oxford Street between Third Avenue and Hilltop Drive. There are no traffic controls on Oxford Street between Third Avenue and Hilltop Drive, Castle Park Elementary School is located on Oxford between Hilltop Drive and First Avenue. The area between First and Third Avenues is generally residential and the posted speed limit on Oxford Street is 35 mph. An all-way stop evaluation was completed by staff; and the intersection did not meet the criteria necessary to justify an all-way stop. A review of the accident history shows that five acci.dents' occurred at First Avenue and Oxford Street and were caused by vehicles which did not stop at the northbound or southbound stop sign on First Avenue. UNC""'''!'I!l~~ A." Ii'" !!~... r:"'~i"'''-' . OJ:;" '. f'\ c !;'.,'j ,H"- ..; L. &J . .'tiII L.-.!;..~~ totti.Eo; u.......... ~. I~-IZ. Safety Commission Minutes November 21, 1991 Page 2 Although staff is not recommending an all-way stop at this intersection, it recommends that the speed limit be lowered from 35 mph to 30 mph, as it is on Naples Street. hme/a WiSfN. 85 Oxford Str""t. Chula Vista. CA 97911 Mrs. Wiser said that a stop sign is warranted because of the amount of children in the area and due to the fact that during 2-6 pm each day there are many speeding vehicles. She has witnessed accidents in the area and noted that vehicles pass each other on Oxford Street. There are children who ere in danger of being injured and there have been animals killed in this block. Mrs. Wiser said she is in constant contact with the Chula Vista Police Depa"ment regarding the speeding and estimates vehicular speeds of 50-60 mph. Even if speeds are reduced, cars will still pass each other. Commissioner Koester asked Mrs. Wiser what time of the day infraetions on Oxford Street were occurring. Mrs. Wiser said that most speeding occurs between 2-6 pm and 10 pm-2 am, and that there was not a lot of speeding in the morning hours. Chair Braden asked about the traffic volume on Oxford Street between 2-6 pm. Mrs. Wiser said that the volume is very high during this time and felt motorists use Oxford Street because there are no traffic controls from Third Avenue to Hilltop Drive. Commissioner Pitts asked staff where the new 30 mph sign would be posted. Mr. Rivera said signs would be between Third Avenue and Hilltop Drive on both sides of the street. Commissioner Pitts said he traveled this area between 2-6 pm and confirmed that speeding is a problem. Commissioner Padilla asked Sgt. Schaefer if the area was surveyed for radar enforcement and if this was a problem speeding area for the police depa"ment. Sgt. Schaefer said there is radar enforcement in the area, and it is not a major area for the police depa"ment. However, if the speed is lowered, it will make enforcement easier. Mr. Rivera said the current signs on Oxford Street will be relocated to a more visible position. The posted signs were installed by the County of San Diego before this area was annexed to the City of Chula Vista. MSC (Thomas/Padilla) to accept staff's repo" and deny the request for stop signs on Oxford at the Intersection with First Avenue and reduce the posted speed limit to 30 mph. Approved 5-0-2 with Commissioners Chidester and Matacia absent. OTHER BUSINESS STAFF REPORTS: 6. 1991 -92 CIP Status Reoort Co-Chair Thomas asked staff for an update on the Shell Oil project. Frank Rivera said that Bill Ullrich, Senior Civil Engineer, has been working with Shell Oil Company to prepare a contract for repairing the street. UNO~FeCI~~L A\INUTE5 lq-I~ RESOLUTION NO. /lpl\. S~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, CALLING FOR THE RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR 1991-92 AND THEREAFTER FOR THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL AND URGING THE GOVERNOR AND THE STATE LEGISLATURE TO APPROVE FUNDING FOR THE ABC IN ORDER TO CONTINUE ABC ENFORCEMENT AT LEAST AT PRESENT LEVELS WHEREAS, the California State Department of Alcohol Beverage Control (the "ABC") has aggressively enforced the laws prohibiting the sale of alcohol to minors and preventing illicit activities such as prostitution operations and the sale of narcotics at liquor outlets in our community; and WHEREAS, the City of Chula vista ("City") has urgent need to be assured that the ABC has the resources to discharge its duty to enforce these laws for the protection of the health and safety of our community; and WHEREAS, the anonymity of ABC investigators and the specialized expertise of the ABC enforcement officers greatly enhances the likelihood of successful investigation and prosecution of certain alcoholic beverage-related criminal offenses, including unlawful sales to minors, prostitution related alcohol sales violations, and illegal narcotic sales at business premises licensed by the ABC; and WHEREAS, the City acknowledges that in the last many years the State has fully occupied the field of issuing licenses for the retail sales of alcohol under California State Constitution Article 20, Section 22 and the State has limited the ability of municipalities to collect certain revenues and to enforce statewide laws pertaining to certain alcohol-related business operational regulations and criminal law enforcement; and WHEREAS, in view of the preemption by the State of many aspects affecting the regulation and control of the retail sale of alcoholic beverages, the State has also accepted an obligation to local agencies and the People of the State to use the revenues as generated by the ABC from the regulation of the retail sale of alcoholic beverage and the proceeds of criminal fines or forfeitures relating to violations of ABC regulations for the enforcement of State laws pertaining to alcohol sales; and WHEREAS, the ABC enforcement officers generate revenues in excess of the cost of their salaries which should be supported and not discouraged by decreasing their numbers; and '}.l().. -I WHEREAS, a reduction by the State of the funding level available to the ABC during State Fiscal Year 1991-92 violates the covenant of the State to local agencies and the People to enforce the laws and regulations applicable to the retail sales of alcoholic beverages; and WHEREAS, a reduction by the State of the funding level available to the ABC is likely to have a severe and adverse effect upon the public health, safety and welfare resulting in costs far in excess of any alleged savings from the proposed ABC reduction. NOW, THEREFORE, the City Council of the City of Chula vista does hereby find, determine and resolved as follows: section 1. The city Council hereby calls upon the Governor of the State of California and the legislature of the State of California to take immediate steps to continue funding for the ABC at a level necessary so that no personnel positions are removed because of State budgetary compromises during State Fiscal Year 1991-92 and thereafter. section 2. The City Council hereby urges all local agencies to take appropriate actin to notify their State legislative representatives and the Governor that a reduction in the funding of the budget of the ABC will result in severe and adverse impact upon the public health, safety and welfare. section 3. The city Clerk is authorized and directed to transmit a copy of this resolution to each member of the California legislature, the Governor of California, the President of the California League of Cities, the mayor of each incorporated municipality and the clerk of the board of supervisors of each county in the State of California. Section 4. of this resolution. The City Clerk shall certify to the adoption Presented by 0:] Tim Nader, Mayor Bruce M. Attorney 2 21~ -2 DRAFT PROCEDURE MANUAL MAYOR AND COUNCIL OFFICE November 18, 1991 cl:J.-1 I. GENERAL This manual sets forth the general office procedures and applicable performance goals for the Mayor/Council Office. It is hoped that the process of clarifying expectations will foster greater cooperation between City Council members. To the extent that procedural questions arise in the future, it's hoped that the manual will help to facilitate direct and forthright communications between Council members. The manual covers the following subject areas: Section SECTION II. SECTION 111. SECTION IV. SECTION V. SECTION VI. , SECTION VII. SECTION 11X. SECTION IX. SECTION X. Subiect PaS!e CITIZEN COMPLAINTS 2- 4 OTHER MAYOR/CITY COUNCIL CORRESPONDENCE 5 COUNCIL DIRECTED ACTIONS: RESOLUTIONS/ ORDINANCES, LETTERS, CONTRACTS 6- 10 DAY-TO-DAY OPERATIONS OF THE MAYOR/ COUNCIL OFFICE 11 REQUESTS FOR INFORMATION FROM CITY DEPARTMENTS 12 DISTRIBUTION OF REPORTS, JOURNALS AND PERIODICALS 13 DISTRIBUTION OF COUNCIL AGENDA AND INFORMATION ITEMS 14 CALENDARING 15 AD-HOC COMMITTEES 16 The manual is expected to be updated periodically by the Senior Management Assistant serving the Mayor/Council Office, to reflect changes to existing procedures or the addition of new subject areas. 1 d;J~~ II. CITIZEN COMPLAINTS Except as provided for in Section lIE - Confidentiality, the procedures outlined in Sections IIA-D shall be followed for all citizen complaints. A. Acknowled~ement of Complaints Upon receipt of a complaint directed to the Mayor, members of the City Council or Mayor/Council Aides, either by letter, phone or drop-in, a written acknowledgement shall be sent to the constituent. The Mayor, City Council member or Mayor/Council Aide shall be responsible for notifying the Senior Management Assistant serving the Mayor/Council Offices in a timely manner of citizen complaints received directly by them. In all instances, a written acknowledgement shall be made to the citizen initiating the complaint. The acknowledgement shall cover the following points: The nature of the complaint Department and specific staff member assigned to follow-up on the citizen's complaint (if applicable) Phone number of the responsible staff (if applicable) Action to be taken (e.g. investigation of staff conduct, review of current City policies/procedures etc.) Expected response date (if applicable) PERFORMANCE GOAL: ACKNOWLEDGEMENT OF COMPLAINTS 1. 95% of all complaints shall be referred to the appropriate City staff for disposition AND acknowledgement shall be sent to the constituent within one (1) working day of receipt. 2 J:J-3 II. CITIZEN COMPLAINTS (Continued) PERFORMANCE GOAL: (Continued) 2. 100% of all complaints shall be referred and acknowledged within three (3) working days of receipt. B. Disoosition of Referred Comolaint The department receiving the complaint referral shall respond, in writing, to the constituent within the time frames listed below. The response shall specify the: Findings and planned City action Appropriate "appeal" or follow-up procedures should the constituent not be satisfied with the planned action. PERFORMANCE GOAL: DISPOSmON OF COMPLAINTS 1. For 75% of complaint referrals, the department shall notify the constituent of planned action within two (2) weeks of the referral. 2. For 100% of complaint referrals, the department shall notify the constituent within four (4) weeks of the referral. 3. In ALL instances where the department cannot meet the planned , response date specified in the letter of acknowledgement, the constituent shall be noticed in writing and a new response date shall be specified. C. Distribution of Written Communications 1. Letters of Acknowledgement Copies of the letter acknowledging the complaint (and any written material submitted by the constituent) shall be distributed to the Mayor, members of the City Council and the City Manager's Office. One copy should also be sent to the Senior Management Assistant serving the Mayor/City Council Offices. 2. Letters of Disposition Copies of the letter indicating the disposition of the complaint (and any written material sent to the constituent) shall be distributed to the Mayor, 3 J:J - T II. CITIZEN COMPLAINTS (Continued) 2. Letters of Disposition (Continued) members of the City Council and the City Manager's Office. One copy should also be sent to the Senior Management Assistant serving the Mayor/City Council Offices. D. PERFORMANCE REPORTING: TURNAROUND TIME A written summary of staffs performance regarding turnaround time on citizen complaints (both acknowledgement and disposition) shall be provided to the Mayor and members of the City Council every six (6) months. This report shall be prepared by the Senior Management Assistant serving the Mayor/City Council Offices. E. Confidentiality "Public records" are defined by the Government Code (Section 6252) as including "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of the physical form or characteristics". "Writing" is further defined by the Government Code to include "handwriting, typewriting, printing, photostating, photographing and every other means of recording upon any form of communication"..... "including magnetic or paper tapes, ..... magnetic or punched cards, disks"....etc. Public records are subject to disclosure, unless expressly exempted under the Government Code, including exemptions under Section 6255, permitting non-disclosure "by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record". Examples of material expressly exempted from disclosure include: records pertaining to pending litigation and specific portions of police records which would endanger the safety of a person involved in an investigation. A listing and description of material not subject to disclosure or not classified as public records is provided in Appendix 1. If the Mayor or member of the City Council believe a record should be exempted from disclosure, they should duly record the reason and Section under which the exemption is claimed. The Mayor or member of the City Council is solely responsible for obtaining appropriate advice from the City Attorney concerning the legality of withholding any specific record. 4 J:J-~ III. OTHER MAYOR/CITY COUNCIL CORRESPONDENCE The following general guideline should be used in determining whether correspondence received by the Mayor or by members of the City Council shall be widely distributed. It is the intent of this guideline that all correspondence addressed to the Mayor or members of the City Council which deals with affairs related to the City of Chula Vista or with issues/actions related to other cities, the County, State or Federal Government will be distributed to the Mayor and members of the City Council. Correspondence dealing with City affairs, and which shall be distributed to the Mayor and members of the City Council, would include letters dealing with current City of Chula Vista issues, actions or positions, (2) planned or proposed City actions, or (3) City services, departments, or staff. 5 J):;J. -0 N. COUNCIL DIRECTED ACTIONS A. Resolutions and Ordinances Passed Bv The City Council 1. Signature Authority The signature authorities for City Resolutions and Ordinances are listed in order of preference: Mayor Vice Mayor, as specified below: If the document will not be signed by the Mayor within sufficient time to meet external deadlines or within five (5) working days from receipt, whichever is shortest, and the Mayor has not sought to place the item on the next City Council agenda in accordance with the procedures outlined in Section IV-A-2 below, then the item shall pass to the Vice Mayor for signature. The Vice Mayor shall sign the resolutiOn/ordinance within sufficient time to meet external deadlines but no later than forty-eight (48) hours from receipt, unless the Vice Mayor seeks to place the item on the next City Council agenda, in accordance with the procedures outlined in Section IV-A-2 below. - The signatory shall not make any changes to resolutions/ ordinances adopted by the City Council, unless specifically directed to by Council. PERFORMANCE GOAL: RESOLUTION AND ORDINANCE SIGNING 1. 95% of all resolution and ordinances adopted by the City Council to be signed within five (5) working days second of their receipt in the Mayor's Office. 6 c2:J.-7 IV. COUNCIL DIRECTED ACTIONS (Continued) PERFORMANCE GOAL: RESOLlTTION AND ORDINANCE SIGNING 2. 100% of all resolutions and ordinances adopted by the City Council to be signed within seven (7) working days of their receipt in the Mayor's Office, UNLESS the urgency of the situation, as identified by City staff or the City Council, requires a shorter turnaround time, in which case 100% of said resolutions! ordinances shall be signed within one (1) working day of their receipt in the Mayor's Office. 2. ExcePtion to Performance Goal If the Mayor believes that revisions to said resolutions/ordinances do not meet the intent of the City Council, the Mayor may direct that the document(s) not be signed and place the item on the next City Council Agenda. B. City Council Directed Letters Directed letters refer to those letters expressing an official City position, whieh were voted on and authorized by the City Council. 1. Turnaround Times Letters for the Mayor's signature which were directed by the City Council shall meet the following performance criteria: PERFORMANCE GOAL: LETrER TURNAROUND TIME 1. 100% of all Council directed letters to be drafted by staff within fifteen (15) working days of Council direction, UNLESS there is an external deadline which necessitates a shorter turnaround time, in which case 100% ofletters shall be drafted with sufficient lead time to enable the deadline to be met. 7 J(~-~ N. COUNCIL DIRECTED ACTIONS (Continued) PERFORMANCE GOAL: IEITER TURNAROUND TIME 2. 100% of all Council directed letters to be signed and mailed within seven (7) working days of their receipt in the Mayor's Office, UNLESS there is an external deadline which necessitates a shorter turnaround time, in which case 100% of letters shall be signed with sufficient lead time to enable the deadline to be met. 2. Exceotion to Performance Goal If the Mayor or City Manager's Office believe that the proposed letters do not meet the intent of the City Council, the Mayor or City Manager may direct that the letter not be signed and place the item on the next City Council Agenda. 3. Signature Authority The signature authorities for Council Directed Letters are listed in order of preference: Mayor Vice Mayor, as specified below: ^ If the letter will not be signed by the Mayor within sufficient time to meet external deadlines or within five (5) working days from receipt, whichever is shortest, and the Mayor or City Manager's Office has not sought to place the item on the next City Council agenda in accordance with the procedures outlined in Section N-B-2 below, then the item shall pass to the Vice Mayor for signature. The Vice Mayor shall sign the letter within sufficient time to meet external deadlines but no later than forty-eight (48) hours from receipt, unless the Vice Mayor seeks to place the item on the next City Council agenda, in accordance with the procedures outlined in Section N-B-2 below. Chairperson of the Legislative Committee, as needed to meet deadlines. Mayor's Stamp, if a draft has been approved by the Mayor. 8 &-~-9 IV. COUNCIL DIRECTED ACTIONS (Continued) B. Council Directed Letters (Continued) The signatory shall not make any changes to letters approved by the City Council, unless specifically directed to by Council. 4. Distribution Of Letters Copies of signed letters should be distributed to the Mayor and members of the City Council. 5. Council Direction Required No letters shall be sent under the signature of the Mayor or an individual member of the City Council which supports or advocates a specific policy or position unless said letter reflects an adopted policy of the City Council OR unless said letter contains an explicit disclaimer stipulating that the letter solely reflects the opinion of the individual letter writer and is not to be construed as reflecting the opinion of the Chula Vista City Council. C. CITI CONTRACTS 1. Signature Authority , The signature authorities for City Contracts are listed in order of preference: Mayor Vice Mayor, as specified below: If the contract will not be signed by the Mayor within sufficient time to meet external deadlines or within three (3) working days from receipt, whichever is shortest, and the Mayor has not sought to place the item on the next City Council agenda in accordance with the procedures outlined in Section IV-C-2 below, then the item shall pass to the Vice Mayor for signature. The Vice Mayor shall sign the contract within the time needed to meet external deadlines but no later than forty-eight (48) hours from receipt, unless the Vice Mayor seeks to place the item on the next City Council agenda, in accordance with the procedures oudined in Section IV-C-2 below. 9 dl~ -)() N. COUNCIL DIRECTED ACTIONS (Continued) 1. Signature Authority (Continued) City Manager, as necessary to meet deadlines. The signatory shall not make any changes to contracts adopted by the City Council, unless specifically directed to by Council. PERFORMANCE GOAL: Cl1Y CONTRACT SIGNING 1. 95% of all contracts approved by the City Council to be signed within three (3) working days of their receipt in the Mayor's Office, UNLESS the urgency of the situation, as identified by the City Council, requires a shorter turnaround time, in which case 100% of said contracts shall be signed within the time necessitated by the emergency. 2. 100% of all contracts approved by the City Council to be signed within five (5) working days of their receipt in the Mayor's Office. 2. ExcePtion to Performance Goal - If the Mayor believes that revisions to said contracts do not meet the intent of the City Council, the Mayor may direct that the document(s) not be signed and place the item on the next City Council Agenda. D. PERFORMANCE REPORTING: TURNAROUND TIMES A written summary of turnaround times on resolutions and ordinances, Council directed letters and City contracts shall be provided to the Mayor and members of the City Council every six (6) months. This report shall be prepared by the Senior Management Assistant serving the Mayor/City Council Office. 10 cJ;) -II v. DAY-TO-DAY OPERATIONS OF THE MAYOR/COUNCIL OFFICE A. General Responses for assistance from the office staff made by the Mayor or members of the City Council should be responded to as soon as possible. B. Supervision The Senior Management Assistant shall be responsible for the day-to-day supervision of office staff, excluding the Mayor/Council Aides. C. Training The Senior Management Assistant shall be responsible for trammg or arranging for training of all office staff, excluding the Mayor/Council Aides. D. Coordination The Senior Management Assistant shall be responsible for coordinating activities of the Mayor/Council Aides, as needed. This includes such functions as coordinating responses to citizen complaints which are received by more than one Council member. E. Performance Goals The Senior Management Assistance shall be responsible for ensuring that the performance goals specified in this manual are met. 11 J2R -I ~ VI. REQUESTS FOR INFORMATION FROM CITY DEPARTMENTS The Mayor, members of the City Council, or Mayor/Council Aides may request information which is currently collected by City departments either directly or through the City Manager's Office. The requested information shall be made available provided it does not take significant staff time to prepare. For the purpose of this manual, "significant staff time" is defined as necessitating a written response. If significant staff time is required, the request may either be transmitted to the City Manager's Office or referred to the City Council. All written responses shall be distributed to the Mayor, members of the City Council and the City Manager's Office. It is not appropriate for the Mayor, members of the City Council or Mayor/Council Aides to direct City staff to undertake special tasks, studies or projects. Rather, all such requests should be made through the City Manager's Office or placed on a City Council agenda for possible referral to staff for a report. Upon completion of a Council directed task, study or project, the written findings shall be distributed to all members of the City Council. 12 j2;Q-/3 VII. DISTRIBUTION OF REPORTS, JOURNALS AND PERIODICALS A. ReDorts. Journal and Periodicals Reports received from outside agencies, dealing with issues pertinent to the City of Chula Vista, and joumals and periodicals subscribed to by the Mayor/Council Office, shall be routed in the following sequence: Mayor Vice Mayor Other Council Members Seven (7) working days after routing reports, journals and periodicals to the Mayor, the Senior Management Assistant shall insure that said materials have been made available to members of the City Council. B. Maintenance of City Council library The Senior Management Assistant shall insure that a library is maintained, readily accessible to all Council Members, and containing City reports, reports from other agencies, Gouncil journals and periodicals, and other materials of interest to the Mayor and City Council. 13 c2'J-)L.j !IX. DISTRIBUTION OF COUNCIL AGENDA AND INFORMATION ITEMS The Senior Management Assistant serving the Mayor/Council Offices and the Mayor/Council Aides shall receive copies of the (a) planned agenda, (b) final agenda and (c) all Council information items. , 14 cJ:2-!S IX. CALENDARING The Senior Management Assistant serving the Mayor/Council Office shall maintain an up-to-date calendar for the Mayor and City Council members. The Mayor and Council are responsible for ensuring, as best as possible, that the Assistant is kept informed of events, meetings and other City business which will be attended by the Mayor/Council member or their respective aides and of all scheduled vacations or periods when the Mayor/Council member will not be available. 15 c:?:J-/~ X. AD-HOC COMMITIEES A. FORMATION The Mayor or any member of the City Council can form an ad-hoc committee to provide direct input to the Mayor/Council member, provided that no City staff time is used except as directed by the City Manager, no City funds are expended and no City facilities are used, other than those specified in X-B below. The Mayor or Council member is encouraged to notify their colleagues when an ad-hoc committee is being formed. B. USE OF CITY FACILITIES An ad-hoc committee formed by the Mayor or member of the City Council can use the following City facilities: facilities which are generally made available to the general public, such as Conference Rooms 1 and 2 in the Public Services Building. the City Council Conference Room, provided the Mayor/Council member is in attendance or the Mayor/Council Aide is present. the personal office of the Mayor (for ad-hoc committees formed by the Mayor) or the personal office of the City Council member (for ad-hoc committees formed by a Council member). , 16 02:2-/7 APPENDIX 1 EXCEPTIONS TO PUBLIC RECORDS DISCLOSURE November 18, 1991 0'/:) -f~ PUBIlC REalRJ)S - DEFIN1110NS Reference California Government Code, Section 6252: "Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retain by any state or local agency regardless of physical for or characteristics. "YIriting" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. JUS1lFJCATION FOR NON-DISCLOSURE 6255. Justification for withholding of records The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. ~;;L -)9 EXEMYI10NS FROM DISCUlSIlRE ~ ~ 6254. Exemption of particular records Except as provided in Section 6254.7, nothing in this chapter shall be construed to require disclosure of records that are any of the following: (a) Preliminary drafts, notes, or interagency or intra-agency memoranda which are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure. (b) Records pertaining to pending litigation to which the public agencycis a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled. (e) personal privacy. Personnel, medical or similar files, the disclosure of which would constirute an unwarranted invasion of (d) Contained in or related to: (1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies. (2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). (3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). (4) Information received in confidence by any state agency referred to in paragraph (1). (e) Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any person. (0 Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, and any Slate or local police agency, or any such investigatory or security files compiled by any other slate or local police agency, or any such investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes, except that state and local law enforcement agencies shall disclosure the names and addresses of persons involved in, or witnesses other chan confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, vandalism, vehicle theft, or a crime as defined by subdivision (c) of Section 13960, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, nothing in this division shall require the disclosure of that portion of rhose investigative files which reflect the analysis or conclusions of rhe investigating officer. Other provisions of rhis subdivision notwithstanding, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: (1) The full name, current address, and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding me arrest, the amount of bail; set, me time and manner of release of the location where the individual is currently being held,.and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds. cPd-. -c2 Q (2) The time, substance, and location of all complaints or request for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date and location of occurrence, the time and date of the report, the name, age and current address of the victim, except that the address of the victim of any crime defined by Section 261, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, or 289 of the Penal Ccxle shall not be discloses, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 261, 264,264.1, 273a, 273d, 273.5, 286, 288, 288a, or 289 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. When a person is the victim of more than one crime, infonnation disclosing that the person is a victim of a crime defined by Section 261, 264, 264.1, 273a, 273d, 286, 288, 288a, or 289 of the Penal Code may be deleted at the request of the victim, or the victim's parents or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph. (g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of the Education Code. (h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision. (i) Infonnation required from any taxpayer in connection with the collection of local taxes which is received in confidence and the disclosure of the infonnation to other persons would result in unfair competitive disadvantage to the person supplying the infonnation. G> library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers. (k) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. (I) eorT'espondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's legal affairs secretary, provided that public records shall not be transferred to the custody of the Governor's legal affairs secretary to evade the disclosure provisions of this chapter. (m) In the custody of or maintained by the Legislative Counsel. (n) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her personal qualification for the license, certificate, or permit applied for. (0) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, where an authorized officer of the California Pollution Control Financing Authority detennines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those potions of an applications which are subject to disclosure under this chapter. (p) Records of state agencies related to activities governed by Chapter ]0.3 (commencing with Section 3512) of Division 4 of Tide ], Chapter 10.5 (commencing with Section 3525) of Division 4 of Tide 1, and Chapter ]2 (commencing with Section 3560) of Division 4 of Tide ], which reveal a state agency's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or which provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under the above chapters. Nothing in this subdivision shall be construed to limit the disclosure duties of a state agency with respect to any other records relating to the activities governed by the employee relations acts referred to in this subdivision. (q) Records of state agencies related to activities governed by Articles 2.6 (commencing with Section 14081), 2.8 (commencing with Section ]4087.5), and 2.91 (commencing with Section ]4089) of Chapter 7 of Pan 3 of Division 9 of the Welfare t):J- -~/ and Institutions Code, which reveal the special negotiator's deliberative process, discussions, communications, or any other portion of the negotiations with providen of heatch care services, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or which provide instruction, advice, or training to employees. Except for che portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April ], ]984, shan be open to inspection one year after they are fully executed. In the event that a contract for inpatient services which is entered into prior to April ], ] 984, is amended on or after April ], ] 984, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after it is fully executed. If the California Medical Assistance Commission enters into contracts with health care providers for other than inpatient hospital services, those contracts shall be open to inspection one year after they are fully executed. Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. Notwithstanding any other provision of law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee. The Joint Legislative Audit Committee shall maintain the confidentiality of the contracts and amendments until such time as a contract or amendment is fully open to inspection by the public. (r) Records of Native American graves, cemetaries, and sacred placed maintained by the Native American Heritage Commission. (s) A final creditation report of the Joint Commission on Accreditation of Hospitals which has been transmitted to the State Department of Health Services pursuant to subdivision (b) of Section ]282 of the Health and Safety Code. (t) Records of a local hospital district, formed pursuant [0 Division 23 (commencing with Section 32000) of the Health and Safety Code, which relate to any contract with an insurer or nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section ]0133 or 11512 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed. (u) Information contained in applications for licenses to carry concealed weapons issued by the sheriff of a county or the chief or other head of a municipal police department which indicates when or where the applicant is vulnerable to arrack or which concerns the applicant's medial or psychological history or that of members of his or her family. (v) ReslcJence addresses contained in licensure applicants and registration applications for collection agencies as may be required by the Bureau of Collection and Investigative Setvices of the Department of Consumer Affairs pursuant to Section 6876.2, 6877, 6878, and 6894.3 of the Business and Professions Code. Nothing in this section prevents any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited bylaw. Nothing in this section prevents any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act. ~ 6254.2. Pesticide safety and efficacy information (Disclosed except for "trade secrets", as determined by the State Director of Food and Agriculture) ~ 6254.3 State employee home address and phone number as public records; disclosure (a) The home addresses and home telephone numbers of state employees shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows: (1) To an agent, or a family member of the individual to whom the information pertains. (2) To an officer or employee of another state agency when necessary for the performance of its official duties. 02:2-~:Z (3) To an employee organization pursuant to regulations adopted by the Public Employment Relations Board, except that the home addresses and home telephone numbers of state employees performing law enforcement-related functions shan not be disclosed. (4) To an agent or employee of a health benefit plan providing health services or administering claims for health services to state employees and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. (b) UJX>n written request of any employee, a state agency shall not disclose the employee's home address or home telephone number pursuant to paragraph (3) of the subdivision (a) and a state agency shall remove the employee's home address and home telephone number from any mailing list maintained by the agency, except if the list is used exclusively by the agency to conmct the employee. ~ 6254.4. Active or retired judge, court commissioner, district attorney, public defender or peace officer; personal information; confidentiality (a) The home address, telephone number, occupation, and precinct number of any active or retired judge or court commissioner, any active or retired district attorney or assistant district attorney, any active or retired public defender or assistant public defender, or any active or retired peace officer as defined in Section 830.1, subdivision (a), (b), (d), or (e) of Section 830.2, or Section 830.5, of the Penal Code, provided the peace officer is employed by the Department of Corrections or the California Youth Authority, or of the spouse of children of a peace officer living with the peace officer, appearing in any record of any voter registration affidavit is confidential if the person requests confidentiality of that information at the time of registration or reregistration, and shall not be disclosed to any person, except to any other governmental agency or to any person engaged in the business of examining public records and files for the primary purpose of reJX>rting those JX>rtions of the public records which impart constructive notice under the laws relating to land and land titles and except as prohibited by Section 1808.4 of the Vehicle Code, or pursuant to Section 615 of the Elections Code. Confidentiality granted under this section shall apply only to records prepared or generated on or after the date that the voter is granted confidentiality. (b) A person who requests confidentiality of the infonnation specified in subdivision (a) shall register or reregister to vote by means of a confidential affidavit of registration fonn which shall be prescribed by the Secretary of State anD which shall be attested to under penalty of perjury by the affiant that he or she is a person entitled to confidential treatment pUl1mant to this section. (c) For purposes of this section, "home address" means only street address and does not include an individual's city or post office address. Any record shall be open to public inspection to the extent otherwise provided by law if the address is completely obliterated or otherwise removed from the record. d2:1-c23 ~ 6254.6. Private industry wage data from federal bureau of labor statistics; identify of employers; confidentiality Whenever a city or county or a joint powers agency, pursuant [0 a mandatory statute or charter provision to collect private industry wage data for salary setting purposes, or a contract entered to implement that mandate, is provided this data by the federal Bureau of Labor Slatistics on the basis that the identity of private industry employers shall remain confidential, the identity of the employers shall not be open to the public or be admitted as evidence in any section or special proceeding. (Disclosed records except for "trade secrets".) ~ 6254.9. Computer software; status as public record; sale, lease, or license authorized; limitations (a) Computer software developed by a state or local agency is not itself a public record under this chapter. TIle agency may sell., lease, or license the software for commercial or noncommercial use. (b) As used in this section, "computer software" includes computer mapping systems, computer programs, and computer graphics systems. (c) This section shall not be construed to create an implied warranty on the part of the State of California or any local agency for errors, omissions, or other defects in any computer software as provided pursuant to this section. (d) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter. (e) Nothing in this section is intended to limit any copyright protections. ~ 6254.10. Disclosure of archeological site information not required Nothing in this chapter requires disclosure of records that relate to archeological site infonnation maintained by the Department of Parks and Recreation. . ., the State Historical Resources Commission, or the State Lands Commission. , ~ 6254.25. Memorandum from legal counsel to state body or local agency; pending litigation No~ing in this chapter or any other provision of law shall require the disclosure of a memorandum submitted to a state body or to the legislative body of a local agency by its legal counsel pursuant to subdivision (q) of Section 11126 or Section 54956.9 of the pending litigation has been finally adjudicated or otherwise settled. The memorandum shall be protected by the attorney work product privilege until the pending litigation has been fully adjudicated or otherwise settled. J)!) -:2 V- arnER MATERIAL NUT DEEMED PUIIUC REa>RIlS !i 6253.5. Initiative, referendum, recall petitions, and petitions for reorganization of school districts or community college districts deemed not public records; examination by proponents Notwithstanding the provisions of Sections 6252 and 6253, statewide, county, city and district initiative, referendum, and recall petitions, .. .. .. petitions circulated pursuant to Section 5091 of the Education Oxle, petitions for the reorganization of school districts submitted pu~uant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of the Education Code and all memoranda prepared by the county clerks in the examination of such petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have the duty of receiving, examining or preserving such petitions or who are responsible for the preparation of such memoranda and, of the petition is found to be insufficient. by the proponents of the petition and such representatives of the proponents as may be designated by the proponents in writing in order to detennine which signatures were disqualified and the reasons therefor; provided, however, that the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a city attorney shall be permitted to examine such material upon approval of the appropriate superior court. If the proponents of a petition are pennitted to examine the petition and memoranda, such examination shall commence not later than 2] days after certification of insufficiency. As used in this section nproponents of the petitionn means the following: (a) For statewide initiative and referendum measures, the penon or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he prepare a title and summary of the chief purpose and points of the proposed measure. (b) For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the clerk. (c) For recall measures, the person or persons defined in Section 297]] of the Elections Code. (d) For petitions circulated pursuant to to Section 509] of the Education Code, the person or persons having charge of the petition who submit the petition to the county superintendent of schools. (e) For petitions circulated pursuant to Article] (commencing with Section 35700) of the Chapter 4 of Part 21 of the Education Code, the person or persons designated as chief petitioners under Section 35701 of the Education Code. co For petitions circulated pursuant to Part 46 (commencing with Section 74000) of the Education Code, the person or penons designated as chief petitioners under Sections 74102, 74133, 74152 of the Education Code. ~ 6253.6. Bilingual ballot or ballot pamphlet requests not deemed public records (a) Notwithstanding the provisions of Sections 6252 and 6253, infonnation compiled by public officers or public employees revealing the identity of persons who have requested bilingual ballots or ballot pamphlets, made in accordance with any federal or state law, or other data that would reveal the identity of the requester, shall not be deemed to be public records and shall not be provided to any person other than public officers or public employees who are responsible for receiving those requests and processing the same. (b) Nothing contained in subdivision (a) shall be construed as prohibiting any person who is otherwise authorized by law from examining election materials, including, but not limited to, affidavits of registration, provided that requests for bllingual ballots or ballot pamphlets shall be subject to the restrictions contained in subdivision (a). cJ;) - ~5 WAIVER OF EXEMPTION ~ 6254.5. Disclosure of public record; waiver of exemption; agency; inapplicability of section; agreement not disclosed by governmental agency Notwithstanding any other provisions of the law, whenever a state or local agency discloses a public record which is otherwise exempt from this chapter, to any member of the public, this disclosure shall constitute a waiver of the exemptions specified in Sections 6254, 6254.7, or other similar provisions of Jaw. ...... For purposes of this section, "agency" includes a member, agent, officer, or employee of the agency acting within the scope of his or her membership, agency, office, or employmem. This section, however, shall not apply in disclosures: (a) Made pursuant [0 the Information Practices Act (commencing with Section 1798 of the Civil Code) or discovery proceedings. (b) Made through other legal proceedings. (e) Within the scope of disclosure of a statute which limits disclosure of specified writings to cenain purposes. Cd) Not required. by law, and prohibited by fonnal action of an elected. legislative body of the local agency which retains the writings. (e) Made to any governmental agency which agrees to treat the disclosed material as confidential. Only persons authorized in writing by the person in charge of the agency shall be pennined to obtain the information. Any infonnarion obtained. by the agency shall only be used for purposes which are consistent with existing law. (0 Of records relating to a financial institution or an affiliate thereof, if the disclosures are made to the financial institution or affiliate by a state agency responsible for the regulation or supervision of the financial institution or affiliate. (}Q-::1~