HomeMy WebLinkAboutAgenda Packet 1993/02/02
"f dllcfare under penalty of perjury thet I-am
employed by the City of Chula Vista in the
Office of the City Clerk and that, I posted
this Agenda/Notice on the Bulletin Board at .
Tuesday, February 2, 1993 the Public erv' es Building and at City Hall on.. ' Coun~il Ch~b~rs
4:00 p.m. DATED, /:.t ., SIGNED ~ /~ Public SelVlces BUlldmg
Resnllar MeetinS[ of the City of Chu a Vista City Council
CALL TO ORDER
1.
ROlL CALL:
Councilmembers Fox -' Horton -' Moore -' Rindone -' and Mayor
Nader _
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending Chula Vista Police, Fire and Public Works Departtnents, San
Diego Fire Departtnent and San Diego Lifeguards, Coronado Public Works Departtnent,
Hartson Medical Service, Sweetwater Authority, South Bay Dispatch Center and RCP Block
Company on their successful efforts in saving the life of Edward Cassidy.
CONSENT CALENDAR
(Items 5 through II)
The staff recommendations regarding tIu! following items listed under tIu! Consent CaIendor will be enacted by tIu!
Council by 0IIe motion wiIhout discussion unless a Cowu:iJmember, a member of tIu! public or City staff requests
that tIu! item be pulled for discussion. If you wish to speak 011 0IIe of these items, please fill out a "Request to
Speak Form" avaiIabk in tIu! lobby and submit it to tIu! City Clerk prior to tIu! meeting. (Complete tIu! green form
to speak in favor of tIu! staff recommendation; complete tIu! pink form to speak in opposition to tIu! staff
recommendatioII) Items pulled from tIu! Consent CaIendor will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by tIu! public will be tIu! first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting monetary support of New Renaissance, a 2S-member student vocal
ensemble, to perform at the Annual Cherry mossom Festival in Washington, D.C. in April -
David Trevino, Band Director, Chula Vista High School, 820 Fourth Ave., Chula Vista, CA
91911.
6.A. RESOLUTION 16973 APPROVING AN AGREEMENT WITH THE Cl1Y OF IMPERIAL BEACH
REGARDING THE PROVISION OF ANIMAL CONfROL SERVICES IN
IMPERIAL BEACH - The Police Department, through its Animal Regulation
Division, currently provides animal shelter and after-hours animal control
services in the City of Imperial Beach. These services are provided under
an amended agreement fIrst approved by Council in Fiscal Year 1987-88.
Over the past twelve months, staff from Imperial Beach and Chula Vista
Agenda
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February 2, 1993
have discussed the concept of Chula Vista staff providing full-time animal
control services in Imperial Beach. The proposed agreement arranges for
Chula Vista to provide the same level of animal control services to the
citizens of Imperial Beach as are now provided for the citizens of Chula
Vista. Imperial Beach has agreed to pay the actual costs to Chula Vista for
providing such services plus applicable Full Cost Recovery program
charges. Staff recommends approval of the resolutions. (Chief of Police)
B. RESOLITnON 16974 AMENDING TIIE FISCAL YEAR 1992-93 BUDGET TO REFLECT AN
INCREASE OF $13,272.68 TO FUND TIIE ADDITION OF ONE FULL TIME
ANIMAL CONTROL OFFICER POSITION, AND PERSONNEL EXPENSE
RELATED 1HE.RETO, IN TIIE ANIMAL REGULATION DMSION OF TIIE
POlJCE DEPARTMENT - 4/5th's vote required.
7. RESOLITnON 16975 APPROVING SPEOFIC CONSTRUCTION REQUIREMENTS FOR CHULA
VISTA COMMUNfIY PARK AND APPROVING A JOINT USE AGREEMENT
WITII SWEE1WATER UNION HIGH SCHOOL DISTRICT FOR TIIE
FAOlJTIES LOCATED AT CHULA VISTA COMMUNfIY PARK AND
EASTI.AKE HIGH SCHOOL - On 11/24/92, Council approved the
construction of Phase I (8.30 acres) of the Chula Vista Community Park,
appropriated $6,000 for expenses for utilities at the park and directed staff
to return to Council with a proposed Joint Use Agreement with Sweetwater
Union High School District for the use of the park before construction
could begin upon build-out. Chula Vista Community Park will be a 12.9
acre park in the EastLake Greens. The report addresses the need to expand
the park by another 4 acres and describes the significant components of
the proposed Joint Use Agreement. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
8. RESOLITnON 16976 REAIJ.OCATING $7,204 OF URBAN COUNTY COMMUNllY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM TIIE WOODLAWN
PARK COMMUNllY CENTER TO TIIE NEIGHBORHOOD REVITAlJZATION
PROGRAM AND REQUESTING TIIE COUNlY BOARD OF SUPERVISORS
TO TRANSPER SAID FUNDS; APPROVING A CONTRACT AMENDMENT TO
TIIE AGREEMENT WITH TIIE COUNlY OF SAN DIEGO; AND,
REALLOCATING $7,204 OF (J1Y CDBG FUNDS FROM TIIE OTAY
NEIGHBORHOOD REVlTAlJZATION PROGRAM TO TIIE WOODLAWN
PARK COMMUNllY CENTER - In May 1992, Council reallocated funds
from completed and cancelled Urban County CDBG projects to the
Woodlawn Park Community Center for a new roof. However, because the
Woodlawn Park Community Center is located in an ineligible census tract,
the County refused to reallocate the funds unless the City undertook an
income survey of the Woodlawn Park neighborhood. The City will lose the
funds if they are not expended within the next three to four months. The
funds could be reallocated to the Neighborhood Revitalization Program for
design of the second phase of the Otay Area street improvements, which
is expected to get underway this month. Staff recommends approval of the
resolution. (Director of Community Development)
Agenda
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February 2, 1993
9. RESOLUTION 16971 APPROVING TIiE FISCAL YEAR (FY) 1993-94 CLAIMS FOR TIiE FY 1993-
941WO PERCENT NON-MOTORIZED TRANSPORTATION DEVELOPMENT
Acr (IDA) FUND AND TRANSPORTATION SALES TAX (TRANSNE1)
FUNDS - Annually, the City submits an updated list of projects for inclusion
in the seven-year implementation program of the non-motorized element
of the Regional Transportation Improvement Program. As required by
SANDAG regulations, a set of claims is required to be submitted to
SANDAG in order for projects to be considered for funding by the SANDAG
Board of Directors. Council must pass a resolution authorizing submittal
of the FY 1993-94 Bicycle Projects Claims for available Transportation
Development Act and Transportation Sales Tax Transnet Funds. Staff
recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 16978 ACCEPTING CAUFORNIA STATE UBRARY-CAlJFORNIA UBRARY
SERVICES Acr FAMIUES FOR UTERACY GRANT FUNDS AWARDED TO
TIiE CHULA VISTA UTERACY TEAM; APPROPRIATING FUNDS AND
AMENDING TIiE FISCAL YEAR 1992-93 BUDGET - Earlier this year the
Chula Vista Literacy Team was awarded a California Library Services Act
Families For Literacy grant from the California State Library to develop and
offer special family literacy services to adult learners and their young
children. At that time it was uncertain whether funds would be available
to cover the full amount of the grant award; one half of the funds
($11,000) was appropriated. Staff has now been given confirmation that
the remaining funds are available ($11,000) from the California State
Library. The funds cannot be used to supplant the current tutor reading
program. Staff recommends approval of the resolution. (Acting Library
Director) 4/5th's vote required.
11. REPORT CHULA VISTA PUBUC UBRARY'S APPUCATION TO TIiE FEDERAL
DEPARTMENT OF EDUCATION FOR $34,845 IN GRANT FUNDS UNDER
TIiE UBRARY SERVICES AND CONSTRUCTION Acr, TITLE VI UBRARY
UTERACY PROGRAM - The Chula Vista Literacy Team is currently a
recipient of Title VI grant funds in Fiscal Year (FY) 1992-93 and has
applied for $34,845 in grant funds under the Library Services and
Construction Act, Title VI Library Literacy Program to renew their Model
Writing Program for Adult Learners in FY 1993-94. The funds cannot be
used to supplant the current tutor reading program. Staff recommends
Council accept the report. (Acting Library Director)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
1'Iu! following items IuJve been advertised and/or posted as publU: heming.r as required by law. If you wish to speok
to any item, please fill out the "Request to Speok Form" avaiJabk in the lobby and submit it to the City C1erlc prior
to the meeting. (Comp'- the green form to speok in favor of the staff~ camp'- the pink form
to speok in opposition to the staff recommendotioII) Commmts are limited to five minutes per individuoJ.
Agenda
12.A PUBUC HEARING
B. PUBUC HEARING
C. PUBUC HEARING
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February 2, 1993
GPA-92-02 - ENTERTAINING RECONSIDERATION OF AMENDMENTS TO
TIlE PUBUC FACUJTIES ELEMENT OF TIlE GENERAL PLAN PREVIOUSLY
ADOPTED IN JUNE 1992, WHICH IMPLEMENT AND SUPPLEMENT TIlE
APPROVED COUNTY OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT
PLAN - CI1YINITIATED - Pursuant to State law AB2948 (Tanner, 1986),
the City is required to adopt local provisions to implement the approved
County of San Diego Hazardous Waste Management Plan (COHWMP). The
proposed amendments establish the necessary provisions for the
management of hazardous waste and the siting and permitting of
hazardous waste facilities within the City, consistent with the COHWMP
and State law. Staff recommends that the Dublic hearinl!S be continued.
(Director of Planning)
GPA-92-02A - CONSIDERATION OF ADDmONAL AMENDMENTS TO TIlE
PUBUC FACIUTIES ELEMENT OF TIlE GENERAL PLAN REFINING
PORTIONS OF TIlE JUNE 1992 AMENDMENTS AND RE-STATING TIlE
CITY'S "FAIR SHARE. CONCEPTS REGARDING HAZARDOUS WASTE
FACIUTIES - CI1Y INITIATED
PCA-92-02 - CONSIDERATION OF AMENDMENTS TO TITLE 19 OF TIlE
MUNICIPAL CODE TO DEFINE HAZARDOUS WASTE FACIUTIES AS
CONDmONAL USES IN TIlE CITY'S INDUSTRIAL ZONES AND TO
ESTABUSH A SPECIFlC REVIEW PROCEDURE FOR CONDmONAL USE
PERMIT APPUCATIONS FOR SUCH FACIUTIES CONSISTENTwrIHSTATE
LAW - CITY INITIATED
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the CiJy Cowu:il on any subject motter wiIhin the COIlIIdl's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the CiJy Cowu:il from
taking adion on any issues not induded on the posted agenda.) If you wish to address the Cowu:il on such a
subject, pIeose complde the yellow .Request to SpeiJk Under Oral Comnwnications Form. available in the lobby
and submit it to the CiJy C1erlc prior to the meeting. Those who wish to speak, pIeose give your 1Itlmt! and address
for reamI purposes and follow up action. YOIU time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the CiJy Cowu:il will considu items which have been fmwarded to thon for considuation by one
of the CiJy's Boards, Conunissions and/or Committees.
None submitted.
ArnON ITEMS
The items 1isted in this section of the agenda are expected to elicit subs1ontUJ1 discussions and deliberations by the
Council, stJ1ff, or members of the general public. The items will be considered individuaIIy by the COIlIIdl and staff
recommmdations may in certain cases be presented in the aItemative. Those who wish to speak, please fill out
a .Request to SpeiJk" form available in the lobby and submit it to the CiJy Clerk prior to the meeting. Public
comments are limited to five minutes.
Agenda
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February 2, 1993
13. RESOLUTION 16979 ESTABllSHING A POllCY ON APPROVAL OF DEFERRAL AND URN
AGREEMENTS AND APPROVING TIlE DRAFT FORM OF TIlE CITY'S
DEFERRAL AND URN AGREEMENT - On 5/12/92 and 6/9192, Council
expressed concerns regarding requests for liens against properties in lieu
of posting cash bonds for security for deferrals. The concerns centered
around: (1) delegating the approval of a lien agreement to staff up to a
certain limit; and (2) the inclusion of a clause in those agreements for
increasing lien amounts to reflect cost escalation. The subject Council
Policy has been drafted to address those concerns. Staff recommends
approval of the resolution. (Director of Public Works)
ITEMS Puu.ED FROM TIlE CONSENT CALENDAR
This is the time the GUy Council will discuss items whU:h hove been removed from the Consent Cole1ular. Agmda
items pulled at the request of the pubIU: will be considered prior to those pulled by Coundlmembers. PubIU:
comments are IimiUd to five minutes per individual
OTIIER BUSINESS
14. CJ1Y MANAGER'S REPORTfS)
a. Scheduling of meetings.
15.a. MAYOR'S REPORT(S)
b. Local Coastal Permit Revision Ordinance: review of local coastal ordinance to give the City
the maximum level of possible coastal permitting authority so as to limit the number and
scope of items to be given secondary review by the State. Continued from the meeting of
1/12193.
c. CEQA training for members of the Council, staff, Planning Commission, Resource
Conservation Commission, and the public. Continued from the meeting of 1/12193.
d. Resolution Procedure for Interdepartmental Conflicts on Projects. A policy to require that
any time representatives of two or more City departments are not able to immediately
determine which department has jurisdiction over an application or project, the difference
of opinion would be immediatelv submitted to the City Manager or his designee who would
be responsible for resolving it promptly. Continued from the meeting of 1/12193.
e. Direction to staff to provide cross training of staff so that a single person can coordinate the
handling of an entire project application. Continued from the meeting of 1/12193.
f. Direct staff to diagram a simple flow chart of the planning and application process and to
make this flow chart readily available for use by the public and applicant. Continued from
the meeting of 1/12193.
Agenda
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February 2, 1993
g. Direction to staff to prepare an ordinance and bring to Council next month giving a project
applicant in a situation requiring a decision by the Zoning Administrator the option to
bypass the Zoning Administrator and go straight to a Planning Commission hearing with
the Zoning Administrator rendering an advisory opinion at the Planning Commission
hearing. Continued from the meeting of 1/12193.
h. Direction to staff to prepare and bring to Council next month an ordinance making it a
misdemeanor for a building field inspector to change or alter previously approved plans
except for public safety reasons. Continued from the meeting of 1/12193.
i. Direction to staff to modify the job description of building field inspectors and to explicitly
advise building field inspectors of their responsibility to stick to previously approved plans
except when public safety dictates otherwise. Continued from the meeting of 1/12193.
j. Direction to staff to specifically advise building field inspectors of the legal and potential
job action consequences of acting beyond their authority, and to provide a copy of the
advertisement as an information item to Council. Continued from the meeting of 1/12193.
k. Modify the Economic Development Commission work plan to assign "high priority" to the
review of the administration of the CUP process. Continued from the meeting of 1/12193.
I. Direction to staff regarding consideration of rezoning of industrial land.
16. COUNCIL COMMENTS
Councilman Rindone
a. Clarification of Special Planning Project Manager's responsibilities and duties.
ADJOURNMENf
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Potential litigation pursuant to Government Code Section 54956.9 - IGOU vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 . Roller vs. the Civil Service
Commission.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February
9, 1993 at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
COMMENDING
CHULA VISTA POLICE, FIRE AND PUBLIC WORKS DEPARTMENTS
SAN DIEGO FIRE DEPARTMENT AND SAN DIEGO LIFEGUARDS
CORONADO PUBLIC WORKS DEPARTMENT
HARTSON MEDICAL SERVICE, SWEETWATER AUTHORITY
SOUTH BAY DISPATCH CENTER AND RCP BLOCK COMPANY
ON THEIR SUCCESSFUL EFFORTS IN SAVING THE LIFE OF EDWARD CASSIDY
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, on Friday, January 15, 1993, 12-year old Edward Cassidy became
trapped in a storm drain at the corner of Broadway and Vance; and
WHEREAS, Chula Vista Police, Fire and Public Works personnel along with area
agencies and volunteers joined in the intensive efforts of over 2-1/2 hours to retrieve
Edward; and
WHEREAS, after 2-1/2 hours, crews using jackhammers blasted through the
sidewalk to open the metal sewer pipe which freed Edward Cassidy; and
WHEREAS, it is appropriate that public recognition be given to the individuals
responsible for averting what could have been a tragic incident:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby COMMEND THE CHULA VISTA POLICE, FIRE AND PUBLIC WORKS
DEPARTMENTS, THE SAN DIEGO FIRE DEPARTMENT, SAN DIEGO LIFEGUARDS,
CORONADO PUBLIC WORKS DEPARTMENT, HARTSON MEDICAL SERVICE,
SWEETWATER AUTHORITY, SOUTH BAY DISPATCH CENTER, RCP BLOCK
COMPANY, AREA RESIDENTS AND PASSERBYS ON THEIR SUCCESSFUL EFFORTS
IN SAVING THE LIFE OF EDWARD CASSIDY and on behalf of our citizens express
sincere appreciation to these extraordinary individuals for their exceptional service in
assisting our community.
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lv')l~iTTEN COMMUNICATIQNSr o/~V.
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New Renaissance is a 28-member student vocal ensemble
representing Chula Vista High School. It is the oldest
orIgInal vocal group in the S.C.P.A.(School for the Creative
and Performing Arts). They perform 15th and 16th century
madrIgals In acapel la style as we! I as vocal jazz
selections. The group averages over 50 performances each
school year at pUblic schools. competitions and community
events.
Last schoo! year. with the help of fundraisers and
communIty support. New Renaissance was able to perform in
tne PolyneSIan Classic in Hawaii. They won 1st place in both
the Madrigal and Vocal Jazz categories.
This school year they have the opportunity to perform
at the Annual Cherry Blossom Festival in Washington. D.C. in
April. The trip will cost $750.00 per student for the six
days they will be in WashIngton. Although they have
participated in various fundraising activities, they are
still far from their goal.
New Renaissance would like to represent the city of
Chula VIsta in Washington. They are aSking your help to make
that possible. Please consider giving monetary support to
this great group of young people.
Thank you for your consideration. We look forward to
hearing from you.
(JSincerelY,
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David Trevino
Director
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COUNCIL AGENDA STATEMENT
Item ~
ME'efing Date 02/02/93
ITEM TITLE
II. Resolution /~, 7.:1 Approving an Agreement with the City
of Imperial Beach regarding the provision, by Chula Vista, of
Animal Control Services in Imperial Beach.
(j Resolution ) L. '71/ Amending the FY 1992-93 budget to
. reflect an increase of $13,272.68 to fund the addition of 1.0
Animal Control Officer position, and personnel expense related
thereto, in the Animal Regulation Division of the Police
Department.
SUBMITTED BY Chief of Police ~\~
REVIEWED BY City Manager?, (4/5ths Vote: Yes..x.No~
The Police Department, through its Animal Regulation Division, currently provides animal
shelter and after-hours animal control services for the city of Imperial Beach. These services
are provided under an amended agreement first approved by Council in FY 1987-88. Over the
past twelve months, staff from Imperial Beach and Chula Vista have discussed the concept of
Chula Vista staff providing full-time animal control services in Imperial Beach. The proposed
agreement arranges for Chula Vista to provide the same level of animal control services t9 the
citizens of Imperial Beach as are now provided for the citizens of Chula Vista. Imperial Beach
has agreed to pay the actual salary costs to Chula Vista for providing such services plus
applicable Full Cost Recovery program charges.
RECOMMENDATION: Approve the Resolution and Ordinance
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Background. The Police Department's Animal Regulation Division (ARD) currently provides
services to the city of Imperial Beach (IE) under the auspices of a FY 1987-88 agreement
between the two cities. The current agreement has been amended annually to refine the level
of services provided and to update associated costs. Through FY 1990-91 the agreement called
for Chula Vista to receive animals for relinquishment, impound, adoption, destruction and
disposal. The most recent amendment occurred in FY 1991-92 and, in addition to previously
provided services, added provisions for Chula Vista's ARD to render emergency animal control
services in IE (i.e. vicious dog abatement where other alternatives do not exist) between the
hours of 6:00 P.M. and 6:00 A.M. Under the existing contract, IE retains authority in, and
responsibility for, all animal licensing activity and administration within its jurisdiction.
~,/
Page 2 Item
"
Meeting Date 02/02/93
The contract now in force calls for IB to pay the City approximately $1,432 per month or
$17,132 annually in exchange for the above specified animal control services. The cost is based
upon the number of IB animals impounded at the animal shelter as a proportion of the total
number of animals sheltered and includes related employee services and non-personnel expenses
of the ARD. Historically, IB's impounds have constituted approximately 5% to 7% of the
animal shelter's impound population. In FY 1991-92, IB impounded 507 animals at the Chula
Vista Animal Shelter. The agreement submitted for Council's consideration this evening will
replace the existing contract.
Animal Shelter Operations. The Animal Regulation Division is administered by a Senior
Animal Control Officer under the direction of the Chief of Police. The ARD responds to calls
for animal control service in Chula Vista, and, houses impounded animals from Chula Vista,
National City and Imperial Beach. Services are provided 24-hours-a-day, seven-days-per-week
by a staff of seven persons including 4.0 Animal Control Officers, 1.0 Administrative Office
Assistant and 2.0 Kennelpersons. The current fiscal year budget for the Animal Shelter is
approximately $348,210.
The shelter facility, located on Otay Valley Road east of I-80S, has 72 dog kennels capable of
housing 90 dogs and 18 cat kennels capable of holding 35 cats. The facility includes kennels
and an office/workroom building. All animal control activities (Le. impoundment, owner
redemption, adoption and euthanasia) are conducted according to applicable state law as
contained in the California Humane Laws Handbook.
In 1991, the animal shelter impounded 8058 dogs, cats and other animals annually, a rate of
about 22 animals per day. During 1992 over 8,900 animals were impounded, a rate of nearly
25 animals per day. Approximately 12.7% of these animals were redeemed by their owners,
adopted by new owners or euthanized.
History of the Proposed Agreement. Imperial Beach formally contacted City staff in
November, 1991, and proposed that Chula Vista's ARD assume full-time responsibility for
animal control in lB. Based upon direction from the City Manager, an internal review process
was conducted by staff from the Police Department to determine the feasibility of the proposal.
Staff concluded that the benefits of providing animal control service in Imperial Beach were
significant enough to warrant further evaluation of IB's proposal. The IB Public Safety
Department was provided with a preliminary proposal, which they supported with minor
modifications, in April, 1992.
During their FY 1993 budget discussions, the Imperial Beach City Council directed its staff to
enter into formal negotiations with the City of Chula Vista. These negotiations extended through
October with staff from the two agencies discussing a variety of issues in order to prepare a
formal agreement suitable for City Council consideration in both jurisdictions. The contract
presented for Council consideration this evening reflects all of the conditions agreed to during
these staff-level negotiations.
,,-~
Page 3 Item
~
Meeting Date 02/02/93
The Imperial Beach City Council has reviewed and approved an earlier version of this contract.
The proposed agreement includes an amendment to the notification requirement in the case of
termination for convenience by Imperial Beach. The earlier version approved by the Imperial
Beach City Council required 90 days notice to Chula Vista in order to terminate the agreement
for convenience. The agreement presented for Council consideration this evening requires 180
day notification should Imperial Beach opt to terminate the agreement for convenience.
Proposal -- Services to be Provided by Chula Vista. The proposed agreement will provide
the same level of services in IE as are now enjoyed in Chula Vista. These services include both
sheltering services and resident requested services. Sheltering services include emergency
veterinary services, the impoundment of stray and wild animals, and, the destruction and
disposal of unclaimed animals. Resident requested services include: animal bite responses, the
trapping of wild animals other than skunks, pet adoption, the relinquishment of animals,
provision of a spay/neuter program and rabies programs, and, other public education programs
as may be required from time-to-time. Under the proposed agreement, Chula Vista will respond
to IE requests for animal control service in a reasonable time and manner. Both Imperial Beach
and Chula Vista agree that the City will retain the unilateral authority to allocate ARD resources.
All Animal Shelter services are provided in conformance with applicable state laws as are
contained in the California Humane Laws Handbook.
Under the proposal, animal control services would be rendered in IE by Chula Vista staff under
the authority of "Title 6" of the Imperial Beach Municipal Code. ARD staff agree that there
will be very little difficulty enforcing Title 6 because Chula Vista's animal regulation codes are
so similar. ARD has previous experience enforcing two animal regulation codes. When the
City initially took over animal control in the Montgomery area, county codes were enforced
during a transition period of approximately twelve months. Staff is confident enforcing Title 6
of the IE Municipal Code will not pose significant operational concerns.
Proposal -- Significant Contractual Provisions. The proposed agreement includes all
provisions deemed necessary by Police Department staff and the City Attorney. Significant
contractual provisions include the following:
1) Appropriate Staffing. Staff conducted an analysis to determine staffing levels necessary to
serve IE on a seven-day-per-week, twenty-four-hour-per-day basis. Based upon a projected call
for animal control service volume, which was derived from comparative population data from
the cities of Chula Vista and Imperial Beach, and associated supervisory requirements, staff has
concluded that an additional Animal Control Officer I position will be required. IE has agreed
to fund the costs of this position including FCR. Under the proposal, IE will pay the actual cost
of 1.0 Animal Control Officer plus 100 % of the applicable Full Cost Recovery (FCR) program
charges. The FCR program is designed to recover non-salary costs associated with providing
staff and services. The FeR Program recovers employee service (Le., retirement, differential
and flexible benefits), city-wide overhead, Police Department supervisory costs, animal control
supplies (i.e., food, veterinary expenses and cleaning supplies) equipment maintenance and
&-3
Page 4 Item
6
Meeting Date 02/02/93
replacement, utilities and related contractual services. Overtime expenses will be billed directly
to Imperial Beach.
2) Animal Control Officer Safety. In order to ensure the safety of City employees, IE has agreed
to provide prompt sheriff backup services upon request. As is standard procedure with Animal
Control Officers, if they determine that situation is not sufficiently stable to ensure their personal
safety, they will refrain from providing animal control service until it is safe to do so.
3) Payment for Services Rendered. Under the proposed agreement, IE will make payments to
the City on a monthly basis. Billings will be determined by multiplying monthly salary costs
by the appropriate FCR factor and adding to that product any actual overtime costs related to
providing the services described in the proposed agreement.
4) Termination. The agreement may be terminated for convenience with one hundred and eighty
(180) days notice by either party. The agreement allows for the contract to be terminated for
cause with only five days notice in the event that either party fails to fulfill any obligation or
violates the contracts covenants, agreements and/or conditions.
5) Review and Amendment of the Proposed Agreement. The proposed agreement also provides
for the two agencies to meet and confer in good faith on operational matters upon request by the
City. There will be an annual review of the contract for effectiveness and to provide for an
update of the contract's cost provisions. IE has agreed to provide the City with required
administrative information (i.e. changes to Title 6, current listings of all animal licenses, etc...).
6) Vehicle Requirements, Maintenance and Replacement. IE has also agreed to surrender its
animal regulation equipped pick-up truck to the City. The truck is a 1989 Chevrolet S-1O with
a 4.3 liter V-6 engine, automatic transmission, tow package, dog cage and utility body. The
vehicle has approximately 20,000 miles and is in good working condition. The only cost
associated with taking over possession of this vehicle would be the cost of affixing the City
insignia. Staff is not recommending that the vehicle be painted because of the vehicle's
recognition factor in IE and in order to contain program costs. As stated previously, the
agreement provides for IE to pay the vehicle's maintenance and replacement costs through the
FCR program.
7) Animal Licensing Authority. IE will retain it's existing authority in, and responsibility for,
all animal licensing activity and administration within its jurisdiction. ARD staff will not permit
IB residents to reclaim animals without proof of licensing issued by the City of Imperial Beach.
Proposal -- Benefits to the City of Chula Vista. The proposed agreement would result in two
primary benefits of the City. First, through the Full Cost Recovery Program, the overhead
associated with operating the Animal Regulation Division is partially shifted to Imperial Beach.
In this case, the FCR Program benefits the General Fund by recovering additional revenues for
fixed overhead expenses that will be incurred even in the absence of the proposed agreement.
&..'/
Page 5 Item ~
Meeting Date 02/02/93
Second, the additional Animal Control Officer will provide staff more flexibility in providing
animal regulation services to Chula Vista. Total ARD staffing will increase from seven to eight
and the number of Animal Control Officers available to provide field services will increase from
three to four. The additional Animal Control Officer increases field staffing by 33.3% while
increasing the population served by the Animal Regulation Division 19.6%.
Proposal -- Fiscal Impact. The proposed Ordinance would amend the FY 1992-93 budget to
include all employee services costs associated with the addition of 1.0 Animal Control Officer.
Employee services include all salary, differential pay, retirement, flexible benefits, long-term
disability, medicare and workers compensation costs. If the proposed agreement is executed and
Chula Vista begins animal regulation in Imperial Beach on March 1st, employee services costs
will total $13,272.68. FY 1992-93 employee services costs will be reduced if the agreement
goes into effect after March 1st. It is important to note that the FCR Program is based only
upon the salary component of employee services expense. The remainder of employee
services costs are recovered through the FCR Program.
Imperial Beach Animal Control Revenue by Fiscal Year
Fiscal Year Salary FCR Annual Revenue Monthly Revenue
1992-93 $29,815.77 2.32641 $23,121.24' $5,780.31
1993-94 $30,561.18' 2.32641 $71,097.80 $5,924.82
1994-95 $31,325.21 2.32641 $72,875.24 $6,072.94
1995-96 $32,108.34 2.32641 $74,697.12 $6,224.76
1996-97 $32,911.05 2.32641 $76,564.55 $6,380.38
Five Year Revenue Estimate: $318,355.95
I Annual revenue In FY 1992-93 IS dependent upon when the contract IS execute<!, estlrnate assumes the
agreement to go into force approximately March 1st.
2 Salaries after FY 1992-93 are assumed to increase 2.5% annually.
FISCAL IMPACT:
Assuming a March 1st start date, the City will receive $23,121.24 for Animal Control Services
rendered to the City of Imperial Beach during FY 1992-93. This amount reflects actual salary
expenses incurred ($9938.59) multiplied by the appropriate FeR factor (2.32641). Total
revenue for the first five years of the agreement is estimated to be $318,355.95.
Assuming a March 1st start date, the City will incur direct employee services expenses of
approximately $13,272.68 to fund the additional Animal Control Officer position for the
remainder of FY 1992-93. Total salary expenses for the first five years of the agreement are
estimated to be $136,844.37.
~.>
RESOLUTION NO.
11#973
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT FOR ANIMAL
CONTROL SERVICES BETWEEN THE CITY OF CHULA
VISTA AND THE CITY OF IMPERIAL BEACH, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the Police Department, through its Animal
Regulation Division, currently provides animal shelter and after-
hours animal control services for the city of Imperial Beach; and
WHEREAS, these services are provided under an amended
agreement first approved by Council in FY 1987-88; and
WHEREAS, over the past twelve months, staff from Imperial
Beach and Chula vista have discussed the concept of Chula vista
staff providing full-time animal control services in Imperial
Beach; and
WHEREAS, the proposed agreement arranges for Chula vista
to provide the same level of animal control services to the
citizens of Imperial Beach as are now provided for the citizens of
Chula Vista; and
WHEREAS, Imperial Beach has agreed to pay the actual
costs to Chula vista for providing such services plus applicable
Full Cost Recovery program charges.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve an Agreement for Animal
Control Services with the city of Imperial Beach, a copy of which
is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement'for an on behalf of the City of Chula vist .
Richard P. Emerson, Chief of
Police
'"J'
bYJ2
Presented by
Bruce M. Boogaard,
City Attorney
F: \home\attomey\IBanimal4
~/I"/ /~A-2,.
AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN
TIlE CITY OF CHULA VISTA AND TIlE CITY OF IMPERIAL BEACH
THIS AGREEMENT, made this 23rd day of November, 1992 for the purposes
of reference only, and effective as of the date last executed by the parties, is made between THE
CITY OF CHULA VISTA, a chartered municipal corporation of the State of California (MCV"),
and THE CITY OF IMPERIAL BEACH, a general law city of the State of California ("IB"),
and is made with reference to the following facts:
WHEREAS, CV has an Animal Control Shelter and provides to its citizens animal
control services; and,
WHEREAS, IB does not have an animal control shelter and desires that the City
of Chula Vista now provide animal control services as herein specified.
NOW, THEREFORE, in consideration of their mutual promises, the Parties agree
as follows:
I. CV's Duties.
CV shall provide animal control services to IB residents in the form of shelter-generated
services, requested services, and administrative services as specifically provided herein below:
A. Shelter-Generated Services.
CV will cause a uniformed Anim.' Control Officer to patrol IB in the manner and to the
extent that CV deems appropriate.
B. Resident-Requested Services.
CV will make available to IB residents the following animal control services to the same
extent and in the same manner they are provided and made available to the residents of
the City of Chula Vista:
(a)
Chula Vista will provide spay/neuter referrals, emergency medical
care, adoptive services, animal trapping except as herein below noted,
acceptance of relinquishments, animal bite responses, rabies clinics, public
education programs and/or other services as may be required by the
California Humane Laws Handbook.
(b)
CV will impound stray animals found within the City of Imperial Beach
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in violation of IB ordinances, subject to the exceptions below.
(c) As to animal trapping and impoundment services, CV will not trap or
impound skunks or possums or any other animals for which the law
requires the termination upon trapping. Furthermore, cats will only be
trapped in emergencies such as an act of biting or demonstration of other
vicious behavior.
(d) CV will respond on a complaint basis for the purpose of removal of dead
animal carcasses, relief of a barlcing dog complaint, or relief or remedy
of a vicious animal complaint. Dead animals on private property are the
responsibility of the property owner. Injured or sick animals are the
responsibility of the animal owner.
(e) CV will accept lost or relinquished animals except for wildlife required
by law to be euthanized. The Shelter will accept livestock but the cost for
trailering and feeding of large animals will be paid separately by IB
separately at City's cost in addition to the basic service charge herein
provided.
(f) CV will provide animal releasing services as follows:
Upon payment of redemption fees, CV will release to the claimed owner
any impounded domestic animal. However, without regard to the receipt
of redemption fees, the City of Chula Vista will have the discretion
without recourse to IB to release impounded animals to their claimed
owners under special circumstan~s including, without limitation, sick pets
or immediately in advance of long weekends.
(g) As part of the shelter services, CV will offer euthanasia services
consistent with the California Humane Laws Handbook and Penal Code
~597(f), Subsection (d).
C. Administrative Services.
CV will offer to IB certain administrative services as follows:
(a)
Upon adequate notice, CV will have a representative in attendance at m
called meetings that involve animal control issues upon request by the IB
Administrator as hereinbelow defined.
(b)
A representative of CV will meet and confer in good faith with an IB
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Administrator over operational issues associated with the administration
of this contract.
D. Excluded Services.
Exempt from the services required to be provided by CV to IB are the following:
(a) Licensing, collection and issuance.
(b) . CV shall not be responsible for issuing dog, or other animal, licenses to
IB residents or for collecting the fee for same.
(c) To the extent that an animal is impounded which is required to be licensed
and the claimed owner thereof cannot demonstrate licensing, the Animal
Shelter shall refer the IB resident to the IB Administrator for the purposes
of obtaining proof of licensing or a license for the impounded animal prior
to release by CV.
E. Availability of Service.
The foregoing services required to be rendered by CV shall be rendered Monday
through Friday from 9:00 a.m. to 5:30 p.m., holidays recognized by CV
excluded. Resident-requested services will be made available upon request
throughout the day, 24 hours a day, 7 days a week, but that if the request is made
after the normal business hours, IB shall pay for the overtime costs associated
with said service at the full cost recovery rate approved by the CV City Manager.
F. Re~onse Time.
(a) As to Resident-requested services, other than administrative services, CV
will respond in a reasonable time and manner;
(b) CV is excused from timely performance as to Resident-requested services
due to equipment failures, strikes, labor disputes, personnel shortages,
severe weather, road impediments, and other forces outside CV's control.
II. IB' s Duties
A.
Payment for Services.
(a)
IB agrees to pay the Actual Cost for providing all services provided for
under this Agreement. The Actual Cost means all customary charges
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January 6, 1993
IB - CV Animal Control Agreement
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including, without limitation, labor and indirect overhead charges,
overtime, benefits, paid time off, administrative costs, supply and food
costs, and clerical support, as more fully described in Attachment "1"
hereto.
(b) CV will credit IB's account for any Redemption Fees collected under this
Agreement for animals impounded from lB.
(c) IB agrees to fully pay any billing or statement received from CV on the
first of each month. m shall have a ten (10) day grace period (the tenth
(10th) of every month) to pay any billing or statement. Should m fail to
make a timely payment hereunder, it shall be subject to payment of
interest and the cost of attorneys' fees and costs incurred in collecting
such payments and interest.
(d) CV will prorate the actual cost for any portion of 1992 occurring before
the Effective Date of this Agreement.
B. IB agrees to provide CV with all changes to its Municipal Code affecting
this Agreement.
C. IB agrees to provide CV with a current listing of all animal licenses
issued, including, without limitation, permits or licenses for dogs, kennels, pet
shops, ranches or farms, dog shows, obedience trials, and circuses.
D. IB agrees to notify CV of any animal related issues which are, or are
anticipated, to be scheduled on an agenda for a City Council or any legislative or
administrative body of IB.
E. IB agrees to provide all police services necessary to permit CV to perform
its duties hereunder and further agrees to furnish prompt police backup upon the
request of CV.
F. IB agrees to permit CV. its employees, representatives, and agents to
carry firearms within the City of Imperial Beach.
G. IB agrees to follow, or otherwise adopt, the Redemption Fee Schedule
established by CV.
H. IB agrees to meet and confer in good faith with CV's Administrator
regarding any operational matters upon request.
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m. Term and Cancellation Ri!!hts
A. Term. The provisions of this Agreement shall remain in force and effect
for an indefinite term subject to cancellation or termination as herein provided.
B. Annual Review. The provisions of this Agreement shall be subject to
an annual review on or about each anniversary of this Agreement by the Parties
and is subject to termination thirty (30) days thereafter by either Party, for any
reason, based upon this review.
C. Termination of A~reement for Convenience.
Either Party may terminate this Agreement at any time and for any reason, by
giving specific written notice of such terminspecifYing the effective date
thereof, at least one-hundred ei~hty Ilillety ( i8.Q) ys before the effective date
of such termination. If the Agreement is te . ed by IB as provided for in this
paragraph, CV shall be entitled to receive just and equitable compensation for all
services performed prior to the effective date of such termination.
D. Termination of A~reement for Cause.
If, through any cause, either Party shall substantially fail to fulfill in a timely and
proper manner any obligation under this Agreement, or violate any of its
covenants, agreements or conditions of this Agreement, the Parties shall have the
right to terminate this Agreement by giving written notification of such
termination and specifying the effective date thereof at least (5) five days befo;e
the effective date of such termination. If the Agreement is terminated by IB as
provided for in this paragraph, CV shall be entitled to receive just and equitable
compensation for all services performed prior to the effective date of such
termination.
IV. Notic~s and Designation of Administrator
A. All notices and demands shall be given in writing by personal delivery or
first-class mail, postage prepaid. Notices shall be addressed to the Administrator,
or his/her designee, designated below for the respective Party; provided that, if
any Party gives notice of a change of name or address, notices to the giver of that
notice shall thereafter be given as demanded in that notice. Notices shall be
deemed received seventy-two (72) hours after deposit in the United States mail.
B.
The following, including their respective addresses, are hereby designated
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IB - CV Animal Control Agreement
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as Administrators for the purposes of this Agreement only:
City of Chula Vista:
Chief of Police, and/or his/her designee
276 Fourth Avenue
Chula Vista, CA 91910
City of Imperial Beach:
Director of Public Safety, and/or his/her designee
825 Imperial Beach Boulevard
Imperial Beach, Ca. 92032
V. Waiver
A. Waiver. The waiver by one Party of the performance of any
covenant, condition or promise shall not invalidate this Agreement, nor shall it
be considered a waiver by him of any other covenant, condition or promise. The
waiver by either or both Parties of the time for performing any act shall not
constitute a waiver of the time for performing any other act or an identical act
required to be performed at a later time. The exercise of any remedy provided
in this Agreement shall not be a waiver of any consistent remedy provided by
law, and any provision of this Agreement for any remedy shall not exclude other
consistent remedies unless they are expressly excluded.
VI. Construction.
A. Entire Ae:reement. This Agreement supersedes any prior agreement and
contains the entire agreement of the Parties on the matters covered. No other
agreement, statement or promise made by any Party or by any employee, officer
or agent of any Party that is not in writing and signed by all Parties shall be
binding.
B. Amendment. This Agreement may only be amended by the written
consent of all of the Parties at the time of such amendment.
C. Governing Law. This Agreement has been executed in and shall be
governed by the laws of the State of California.
D. Invalidity. If any term, covenant, condition or proVISIon of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions hereof shall remain in full force
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January 6, 1993
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and effect and shall in no way be affected, impaired or invalidated thereby.
E. Intemretation Of Ag:reement. This Agreement shall be construed as
a whole and in accordance with its fair meaning. Captions and organi7.ations are
for convenience and shall not be used in construing meaning.
F. No Strict Construction.
against any party hereto.
This Agreement shall not be strictly construed
G. Authority. CV and m represent that the individuals signing this
Agreement have full right and authority to bind their respective Parties to this
Agreement.
H. Best Efforts And CooDeration. The Parties promise to use their best
efforts to satisfy all conditions to this Agreement and to take all further steps and
execute all further documents reasonably necessary to put this Agreement into
effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date opposite
their signatures below.
(end of page. next page is signature page.)
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Signature Page to
AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN
THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH
Date:
CITY OF CHULA VISTA
Tim Nader, its Mayor
Attest:
Beverly Authelet
City e
p ~od" t
Bruce M. Boogaard
City Attorney
CITY OF IMPERIAL BEACH
Mike Bixler, its Mayor
Attest:
City Clerk
Approved as to Form
Susan Todd, City Attorney
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Item 6B
Revised
RESOLUTION NO. 16974
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1992-93 BUDGET TO
REFLECT AN INCREASE OF $13,272.68 TO FUND THE
ADDITION OF 1.0 ANIMAL CONTROL OFFICER
POSITION, AND PERSONNEL EXPENSE RELATED
THERETO, IN THE ANIMAL REGULATION DIVISION OF
THE POLICE DEPARTMENT
WHEREAS, the Police Department, through its Animal
Regulation Division, currently provides animal shelter and after-
hours animal control services for the City of Imperial Beach; and
WHEREAS, these services are provided under an amended
agreement first approved by Council in FY 1987-88; and
WHEREAS, the proposed agreement arranges for Chula vista
to provide the same level of animal control services to the
citizens of Imperial Beach as are now provided for the citizens of
Chula Vista; and
WHEREAS, Imperial Beach has agreed to pay the actual
salary costs to Chula vista for providing such services plus
applicable Full Cost Recovery program charges.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby amend the FY 1992-93 budget to
reflect an increase of $13,272.68 to fund the addition of 1. 0
Animal Control Officer position, and personnel expense related
thereto, in the Animal Regulation Division of the Police
Department.
Approved as to form by
B=~ ~~g~
Attorney
Presented by
Richard P. Emerson, Chief of
Police
F:\home\attomeyIACOpo.
GB-I
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item :1
Meeting Date (Y}J(Y}J93
Resolution I"?~roving Specific Construction Requirements for Chula Vista
Community Park and Approving a Joint Use Agreement between the City of Chula
Vista and the Sweetwater Union High School District for the Facilities Located at
Chula Vista Community Park and EastLake High School
Director of Parks and Recreatio~
City Managergr (4/5tbs Vote: Yes _ No X)
ITEM TITLE:
REVIEWED BY:
On November 24, 1992, the Council approved the construction of Phase I (8.30 acres) of the Chula Vista
Community Park, appropriated $6,000 for expenses for utilities at the park, and directed staff to return to
the Council with a proposed Joint Use Agreement, with the Sweetwater Union High School District, for the
use of the park, before construction could begin upon build-out. Chula Vista Community Park will be a 12.9
acre park in the EastLake Greens. This report addresses the need to expand the park by another four (4.0)
acres, and describes the significant components of the proposed Joint Use Agreement.
RECOMMENDATION: That the Council:
1. Authorize completion of landscaping, two tot lots and installation of temporary turf on the
park/building site; and
2. Approve the Joint Use Agreement between the City of Chula Vista and the Sweetwater
Union High School District for the Facilities Located at Chula Vista Community Park and
EastLake High School, and authorize the Mayor to execute said Agreement.
BOARDSICOMMISSIONS RECOMMENDATION: On October 15, 1992, the Parks and Recreation
Commission voted 5-0 (Commissioner Carpenter abstained, conflict of interest, as she is employed by the
School District; Sandoval-Fernandez out) to approve the draft Joint Use Agreement with the Sweetwater
Union High School District (minutes are attached).
HISTORY: On August 8, 1989, the Council approved the EastLake Park Development Agreement. The
Agreement specifies the construction of a community park, adjacent to the EastLake High School. After
completion, the park will contain two night-lighted softball fields with soccer field overlays, picnicking
facilities, two large play areas, parking, restroom facilities, a multi-purpose/community center, and gymnasium.
The construction of these facilities are being phased, due to funding constraints. Phase I contains the
maintenance building, sport fields, and perimeter walkways, a parking lot, and all lawn areas within the
perimeter walkway. Phase II is anticipated to contain the community center, the tot-lots and adjacent passive
areas. Phase III will include the construction of a gymnasium.
DISCUSSION: The Sweetwater Union High School District has completed construction on EastLake High
School. The District has approached the City to commence construction of Phase I of the park in order to
(jtuse]
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Item
Meeting Date (Y}J(}'}JC13
7
accommodate their ability to use the fields for athletic activities by Spring of 1993. Recognizing the need
to provide park acreage to this area of the community, and in the spirit of cooperation, Council directed staff
to formulate a joint-use Agreement. Following Council consideration of the proposed Joint Use Agreement,
the construction of Phase I of the Chula Vista Community Park is scheduled to commence in February, 1993.
The Department has met with the EastLake Development Company to define the scope of work to be
included in Phase 1. Since the upper area (4.0+ acres) of the park will not be included in Phase I (8.3
acres), it will be necessary to require a security fence. One alternative is to install a permanent chain-link
fence (6-8 feet high) around the area until Phase II is considered. This will provide the necessary protection
and eliminate hazardous conditions in the area. The downside is an obtrusive fence, a vacant lot which would
cultivate weeds, collection of debris and it would divert pedestrian traffic to the service road near the schools'
grounds. Finally, the cost of such a fence will be more than the cost of the completing the landscaping in
the passive area, and putting temporary turf on the park/building site.
The second alternative is to complete the landscaping, the two tot lot play areas, and install temporary turf
on the building pads. This would provide a nearly finished appearance, eliminate hazardous areas, eliminate
the unsightly chain-link fence, and make a more usable park in an area short of park facilities. Lastly, the
cost of these improvements will be considerably less now than in later years. The constraint of this
alternative would be a slight increase in utilities and maintenance costs for the additional four (4.0) acres of
the park.
Therefore, the Department requests authorization to complete the landscaping, the two tot lots, and the
installation of temporary turf on the park/building site in Phase I.
It is anticipated that the City's athletic fields will be ready for use by mid-summer 1993. Following a park
maintenance period, the District and City will be able to begin activities on the fields.
Joint Use A~eement with Sweetwater Union Hil!h School District
In order to take advantage of both high school and park and recreation opportunities, staff has negotiated
a proposed Joint Use Agreement with Sweetwater to share each agency's facilities. Of all the points
submitted in the Joint Use Agreement, the main issues are:
1. Term: A proposal for a 20 year term joint use for the City to use the District's gymnasium,
football and baseball fields, tennis courts, outdoor volleyball and basketball courts, a track
complex, parking lot, and performing arts building at EastLake High School. The District will
be able to use the City's athletic fields at Chula Vista Community Park, including two lighted
softball fields with soccer overlays (schematic drawing attached).
However, there are strict provisions in the Agreement on the ability of either party to get out
of the Agreement; to-wit: failure to repair major damage to a facility, and then only one (1)
year's notice. The City Attorney has provided for an interim incentive to cause major damage
Iitusc}
2
?,.;..
Item 7
Meeting Date 0'lJCrlD3
to be repaired; Le., the other party has the right to remove one or more facilities from the
license Agreement.
In addition, each party may, upon an affirmative vote of 4/5ths of their governing Board, and
a finding, reasonably determined, that there is good cause to suspend the license; suspend the
licenses granted in the Agreement, for a period not to exceed three (3) months per
suspension.
2. Rules and Regulations: Stipulation of rules and regulations for the use of each parties'
facilities (by each party and by sponsored groups), including master calendaring and quarterly
scheduling of meetings.
3. Hours and Days of Use: Identification of the hours during which each party may utilize each
other's facilities. The District may use the City's athletic fields, during school hours, which
are 8:45 a.m. to 4:00 p.m., Monday through Friday. The District may not, unless agreed to
by both parties, use the City's athletic fields after 4:00 p.m. Monday through Friday or any
time on weekends. The Agreement also specifies that the use of the City's facilities must be
by students enrolled at EastLake High School, and their after-school program is either
sponsored by the California Interscholastic Federation or is sponsored by the District as a
performing art activity.
The City may use the District's facilities (as specified in the Agreement) after 4:00 p.m. seven
(7) days a week; except when the City's use would compete with the District's use of its own
facilities.
The specifics of the times and days of use are to be determined by each party during quarterly
scheduling meetings and through a master calendaring system, which will ameliorate conflicts.
The quarterly scheduling meetings allow each party to enter into an operational memorandum
of understanding which does not jeopardize the terms and conditions of the Agreement.
4.
Operation, Maintenance and Repair: Terms under which the City and the District will each
operate, maintain, and repair, at their own expense, their own Facilities, with the exception
that; should the park maintenance period expire before June 30, 1993, and the City accepts
the construction of the park from the contractor, the District has agreed to mow the park's
turf, using District staff, until June 30, 1993. At that time, the City and District agree to meet
and confer for the purpose of reaching Agreement on turf mowing services, and
compensation therefore, that the District may be willing to provide thereafter.
5.
Tennis Courts: The City will maintain the City-owned lighting and coin-operated timers for
the District-owned tennis courts; two of which are open to the public at all times. The
District will maintain the court surfaces, repair court surfaces and fencing, and install and
replace wind screens, and nets.
(jtusc]
3
7.. :J
Item 2
Meeting Date oz..m.t93
6. Share Equipment: The City and the District may, for the purposes of conducting recreation
or special event activities, share equipment.
7. Insurance: Each Party to the Agreement is liable for all property damage and personal injury
that occurs by itself or by sponsored groups. There are provisions in the Agreement for
reciprocal indemnity not caused by design, construction, maintenance or repair, and provisions
for liability for design, construction, or for losses caused by repair and maintenance. In
addition, each party shall secure, at their own cost, property damage insurance for fire,
extended coverage, and vandalism insurance on all insurable facilities owned by the respective
parties; and liability insurance. The Risk Manager has reviewed these provisions and concurs.
The City Attorney's Office wishes to inform the Council that this Agreement contains provisions which
obscure traditional property rights. Even though the Chula Vista Community Park may be the property of
the City, the District will, during school hours, have occupational rights, except on 10 specified days per year.
Of course, the opposite is true with the City's occupation of the District's facilities. This will implement an
effort by the City to enter into mutually beneficial cooperative use arrangements with other public agencies.
SUMMARY: The Joint Use Agreement is an excellent opportunity for each agency to cooperate together,
and it will generate the maximum use of shrinking resources for both the City and the District. Both the
park and the school facilities will provide much needed recreational programming for the residents in the
area. The Sweetwater Union High School District is in Agreement with all conditions and requirements of
the proposed Joint Use Agreement.
FISCAL IMP ACf: It is anticipated that the City's expenses for the maintenance of the City-owned lighting
and coin-operated timers for the District-owned tennis courts in FY 92/93, as these facilities are new (the
costs incurred will be off-set by revenues generated from the coin-operated timers). For FY 93/94, there is
a potential for future City-provided equipment and staff requirements for maintaining the park's landscaping
after June 30, 1993. There will be a minor increase for maintenance and repair expenses for the additional
4.0 acres for FY 93/94 (and the future fIScal years during the term of the Agreement), will be folded into the
Department's base budget; or if necessary, brought to the Council for consideration of an additional
appropriation.
At full park build-out, the City could assume the normal park maintenance and recreation center budgeting
components of staff, maintenance and operating costs. Staff will bring forward, to the Council, requests for
construction of the future phases, and these costs will be determined at that time.
Attachments - Map of proposed joint use areas NOT SCANNED Minutes of October 15, 1992 Park and Recreation Commission Meeting NOT SCANNED
Proposed Joint Use Agreement
Utuse)
4
?-Lf
RESOLUTION NO.
/" '1"'1..5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SPECIFIC CONSTRUCTION
REQUIREMENTS FOR CHULA VISTA COMMUNITY PARK
AND APPROVING A JOINT USE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE SWEETWATER
UNION HIGH SCHOOL DISTRICT FOR THE FACILITIES
LOCATED AT CHULA VISTA COMMUNITY PARK AND
EASTLAKE HIGH SCHOOL, AND AUTHORIZING MAYOR TO
EXECUTE SAME
WHEREAS, on November 24, 1992, the Council approved the
construction of Phase I (8.30 acres) of the Chula vista Community
Park, appropriated $6,000 for expenses for utilities at the park,
and directed staff to return to the Council with a proposed Joint
Use Agreement, with the Sweetwater Union High School District, for
the use of the park, before construction could begin upon build-
out; and
WHEREAS, Chula vista Community Park will be a 12.9 acre
park in the EastLake Greens; and
WHEREAS, staff recommends that the Council authorize
completion of landscaping, two tot lots and installation of
temporary turf on the park/building site; and approve the Joint Use
Agreement between the City of Chula vista and the Sweetwater Union
High School District for the Facilities Located at Chula vista
Community Park and EastLake High School, and authorize the Mayor to
execute said Agreement; and
WHEREAS, on October 15, 1992, the Parks and Recreation
Commission voted 5-0 (Commissioner Carpenter abstained, conflict of
interest, as she is employed by the School District; Sandoval-
Fernandez out) to approve the draft Joint Use Agreement with the
Sweetwater Union High School District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve a Joint Use Agreement
between the City of Chula vista and the Sweetwater Union High
School District for the Facilities Located at Chula vista Community
Park and Eastlake High School, a copy of which is on file in the
office of the city Clerk.
BE
Chula vista
Agreement on
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to sign said
behalf of the City of Chula vista.
complete
temporary
BE IT FURTHER RESOLVED that staff is hereby authorized to
the landscaping, two tot lots and installation of
turf on the park/building site in Phase I.
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Presented by
Jess Valenzuela, Director of
Parks and Recreation
F: \bome\attomey\jointuse.te8
Bruce M.
Attorney
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Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
October 15,1992
PIbIic Services BuDding
eu.1l..81lCll Room 2&3
*******************
MEMBERS PRESENT:
MEMBER EXCUSED:
Commissioners Carpenter, Hall, Helton, Lind, Roland, Willett
Commissioner Sandoval-Fernandez
1. APPROV AI.. OF MINUTES
The minutes of the meetings of September 17, 1992 were approved as corrected.
MSC WILLEITILIND 6-0 (Sandoval-Fernandez out)
2. PUBLIC HEARINGS OR REMARKS
NONE
3. DIREcroR'S REPORT
Deputy Director Fonccrrada highlighted statistical information from the Commission's
newsletter.
4. REPORTS FOR INFORMATION ONLY
a. P & R Societv Bvlaws
Sr. Management Assistant Woods reported that on the advice of the City Attorney, the old
nonprofit is being dissolved and a new nonprofit will be incorporated with the State of
California.
b. Golf Course Greens Status
Deputy Director Foncerrada called the Commission's attention to a report which addresses
the questions and concerns that Commissioner Roland expressed at the last Commission
meeting. In addition, he brought the Commission up to date on actions he had taken to
mitigate the problems.
Commissioner Roland expressed his thoughts on the history of the problems and stated that
he thinks that management of the golf course has been poor, both by City staff liaisons and
the golf course lessee. He feels that staff response to his ongoing complaints has been too
slow to be effective.
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PARKS AND RECREATION COMMISSION
October 15, 1992
PAGE 2
Commissioner HeIton stated that most golf courses have a citizen's group who monitor the
conditions of the course.
Commissioner Hall asked questions concerning the terms of the lease with American Golf as
it applies to golf course maintenance. He then asked Deputy Director Foncerrada's opinion
on certain maintenance procedures that are currentJybeing applied at the golf course. He
stated that his interest in asking the technical questions was to determine what kind of
preventative measures could be taken in the future.
Deputy Director Foncerrada stated that most of the greens that have a problem are .old"
greens that are nearing the end of their life and will soon need to be replaced completely.
Commissioner Willett expressed his concern about the amount of time the Commission
spends on an ongoing basis on the golf course when members of the Men's Club do not seem
to be concerned about the conditions. He suggests that a person be appointed to, perhaps
quarterly, do a quality audit.
Commissioner Roland registered a complaint that the No. 12 green is getting smaller.
5. ACTION ITEMS
Unfinished Business
OTAY PARK PROBLEMS
Deputy Director Foncerrada gave the Commission an update on the problematic activities at
atay Park. reviewed the various alternatives contained in the report and designated
Alternative #3 as staffs recommended alternative.
David Perez, Chair of the atay Committee, stated that the Otay Committee has been
complaining for over a year about the problems at atay Park. He stated that the soccer
leagues are playing from 10:00 am to evening most weekdays. The groups are consuming
large quantities of alcohol and prohibiting the residents and children of the neighborhood
from using the park.
Alberto Garcia, a resident of San Ysidro, stated that he was not aware of any problems. He
further stated that seven of the people on the league live in the Otay area. League members
work with children of the area teaching them to play soccer. League members range in age
from 18 to 31. He is willing to work with the Commission and the neighborhood to solve any
problems.
Jesus Garcia, a resident of San Ysidro, stated that much of the litter comes from other soccer
players who are not members of the league. The league has members who live in Otay or
at one time lived in atay. He does not feel that the league members cause any problem for
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PARKS AND RECREATION COMMISSION
October IS, 1992
PAGE 3
the people of the neighborhood who want to use the park. In January, the group plans to
start a youth league and work with the A YSO and CYSO to bring youth soccer to the area.
Commissioner Willett suggested that the president of the league make a chan of the dates
and times that the league is using the park.
Both Mr. Perez and Mr. Alberto Garcia stated that they would be pleased with the adoption
of Alternative #3, limiting the use of the park for soccer to home games only, to be
monitored by the Park Ranger.
Commissioner Willett expressed his concern that the Park Ranger was being overloaded with
duties and suggested the Police Community Services Officer could be used (similar to Hilltop
Park) to monitor the use of these park areas.
Motion to accept Alternative #3, limiting the use of the park for soccer to home games only,
to be monitored by the Park Ranger.
MSC HALL/CARPENTER 6-0 (Sandoval-Fernandez out)
New Business
Motion to add the Otay River Valley Resource Enhancement Plan to the Commission's
agenda as an emergency item due to the time sensitivity of this item.
MSC WILLETT/LIND 6-0 (Sandoval-Fernandez out)
A EASTLAKE JOINT USE AGREEMENT
Senior Management Assistant Nancy Woods reviewed the proposed joint use agreement
between the City of Chula Vista and the Sweetwater Union High School District and asked
the Commission if they had any questions regarding this proposed agreement.
Motion for the Commission to accept staffs recommendation on the EastLake Community
Park/School Joint Use Agreement.
MSC WILLETTtHALL 5-0 (Commissioner Carpenter abstained, conflict of interest, she is
employed by the School District) (Sandoval-Fernandez out)
B. AMERICAN LEGION AGREEMENT
Senior Management Assistant Woods called attention to the draft lease agreement between
the City of Chula Vista and the American Legion which had been included in the
Commission's information packet. She emphasized that while the agreement has not actually
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PARKS AND RECREATION COMMISSION
October 15, 1992
PAGE 4
been finalized, staff is looking for an indication from the Commission at this point as to
whether they support the agreement in concept.
Robert McCauley, a citizen of Chula Vista representing the American Legion, spoke in
support of the lease document.
Commissioner Carpenter asked for a clarification on how the selection of youth agencies who
will be recipients of the money will be handled. In addition, she pointed out that the lease
agreement calls out an annual figure for contributions, while the report presented to the
Commission designates a monthly figure. She feels that it would be clearer if any report
forwarded to Council were consistent with the lease in using the annual figure.
Commissioner Willett commended the Legion on their plans for improvement to the facility
and for their support of youth activities within the community.
Motion to support adoption of the lease terms as presented to the Commissioner and
endorsed by the American Legion.
MSC WILLETIIHEL TON 5-0 (Commissioner Lind abstained, conflict of interest due to his
membership in the American Legion) (Sandoval-Fernandez out)
C. OTAY RIVER VALLEY RESOURCE ENHANCEMENT PLAN
Landscape Architect Martin Schmidt summarized the study for the Commissioners and stated
that copies of the entire study were available if any of the Commissioners wish to read it in
its entirety. He responded to questions from the Commission regarding land acquisition and
procedures and the location of certain parcels of land.
Motion to recommend that Council endorse the Otay River Valley Resource Enhancement
Plan, Adopt Negative Declaration IS-92-37, and authorize the Mayor to send a letter of
support to the State Coastal Conservancy for disbursement of funds for future property
acquisition in the Otay Valley.
MSC HALUCARPENTER 6-0 (Sandoval-Fernandez out)
6. COMMUNICATIONS
a. Written Corresnondence
Invitations to the Sweetwater Union High School District's Career Awareness Center
dedication on October 19, 1992.
In addition, applications have been received for the Robert B. Botterman Humanitarian
Award and wiII forwarded to each Commissioner so that they may, if they so choose,
nominate someone for the award.
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PARKS AND RECREATION COMMISSION
October 15, 1992
PAGE 5
b. Commissioner's Comments
Commissioner Helton noted that Sr. Recreation Supervisor Joyce Beardsley is being
nominated for the CPRS Supervisor's Citation Award by the Norman Park Center's Senior
Club. She suggested that the Commission join the Qub in sponsoring Ms. Beardsley for that
award, and asked that the item be placed on next month's agenda as an action item. . - ...
Commissioner Hall commended the Commission on a productive evening.
Adjournment at 8:15 pm to the next regularly scheduled meeting of November 19, 1992.
Respectfully submitted,
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Joint Use Agreement
Between the
City of Chula Vista
and the
Sweetwater Union High School District
for the Facilities Located at
Chula Vista Community Park and Eastlake High School
This AGREEMENT, is made and entered into on February 2. 1993, for the purposes of
reference only, and effective as of the date last executed by the parties ("Effective Date"), by
and between the City of Chula Vista, a chartered municipal corporation of the State of California
("City") and the Sweetwater Union High School District ("District"), a political subdivision of
the State of California, and is made with reference to the following facts:
1. Recitals.
1.1 Whereas, cities, and school districts may cooperate with each other in the
development and execution of adequate programs of community recreation; and
1.2 Whereas, the City and District are mutually agreed that through cooperative
efforts, the best community recreation and athletic programs can be made with the least public
expenditure; and
1.3 Whereas, a need for community recreational facilities exist in the neighborhoods
of eastern Chula Vista which is of concern to both the City and the District; and
1.4 Whereas, the City and the District have mutually agreed that the provision of
adequate community recreation facilities and programs are essential for the physical well being
and general welfare of the people of Chula Vista; and
1.5 Whereas, land and funds exist under the control of the City and District which
could accommodate a joint use of facilities; and
1.6 Whereas, the City and the District now seek to enter into a formal agreement
defining the responsibilities and rights of the parties concerning the joint use of the parties
facilities.
jntusl0.wp
February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 1
'?-/J
2. Definitions.
2.1 Description of the Location and Facilities.
2.1.1 The City's Facilities. The City currently owns land on which it
will cause to have constructed and will operate two lighted softball fields with soccer field
overlays, a service road, storage facility and restrooms, and a parking lot ("City Facilities"),
located at Chula Vista Community Park, on Eastlake Parkway, in the City of Chula Vista,
County of San Diego, State of California, as diagrammatically presented in Exhibit "A,"
attached hereto and incorporated herein by this reference. X
2.1.2 The District's Facilities. The District currently owns land on which
exists, a parking lot, gymnasium, football and baseball fields, tennis courts, outdoor volleyball
and basketball courts, a track complex, and performing arts building and Library restrooms
when covered under a subseq).1ent use under Library building:. ("District Facilities") located at
EastLake High School, on EastLake Parkway, in the City of Chula Vista, County of San Diego,
State of California, as diagrammatically presented in Exhibit "A" hereto. District intends to
continue using and operating District Facilities throughout the term of this Agreement.
2.2 School and Non-School Hours Defined.
As the term is used herein, the term "School Hours" shall mean the hours, not exceeding
the first eight hours per School Day Illlt iH He evetlt later t!ll\ll 4:00 p.ffi., of a day officially
designated by the District as a school day of EastLake High School and during which the District
conducts regular academic classes for all or a substantial portion of the student body of students
within the official attendance area of EastLake High School ("School Day"). At the time of this
agreement, the School Hours are currently planned to be from 8:45 a.m. to 3:40 p.m., Monday
through Friday from September 12 to June 22, inclusive. These hours may be subject to
modification from time to time by official action of the District School Board, and such hours
will be controlled by both parties during the quarterly scheduling meetings. as referenced in this
agreement.
As the term is used herein, "Non-school hours", shall mean all hours other than School
Hours.
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February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 2
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2.3 Host and Guest Party.
As used herein, a "Host Party" shall mean the party which owns a Facility herein defined
in the context of describing or referring to that party's relationship with the party using said
Facility.
"Guest Party" shall mean the party which has the authority by the provisions of this
agreement to use a Facility herein defined, and owned by the Host Party, in the context of
describing or referring to that party's relationship with the Host Party.
2.4 Sponsored Group Defined.
As the term is used herein in the context of a Guest Party sponsoring a group who may
use a Host Party Facility, a "Sponsored Group" shall mean one or more persons who have been
given written permission by the Guest Party to use and conduct an activity at a Facility herein
defined owned by a Host Party pursuant to the license herein granted to the Guest Party.
3. Obligatory Provisions.
NOW THEREFORE, in consideration of their mutual promises, the parties agree as
follows:
3.1 Right of Use Between City and District.
3.1.1 Bilateral Grant of License to Use.
On the terms and conditions herein specified, and upon the condition that Guest
Party complies with the terms, conditions and covenants herein contained, the Host Party hereby
grants to the Guest Party, for the Term herein specified, a non-exclusive but preferential
(according to the terms herein contained) license for the Guest Party, and Guest Party's
Sponsored Groups to enter upon, occupy, use and operate said Host Party Facilities ("License").
At such time as the License herein granted to one party is terminated, both licenses shall
terminate.
3.1.2 License Inclusions.
The License herein granted to a Guest Party includes the right to temporarily place
materials and equipment necessary for conducting recreational or special event activities at the
Host Facilities, subject to written approval, which shall not be unreasonably withheld or
unreasonably conditioned, of the Host Party. Such materials and equipment shall be maintained
at the sole risk of the Guest Party placing or erecting them and are subject to removal at the
request of the Host Party upon a determination of the Host Party that the materials or equipment
jntuslO. wp
February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 3
7-if
constitutes a blighting influence, impedes recreational activity, or poses a threat to the health or
safety of the Host Party, or the public.
3.2 Term of Agreement.
The term of this Agreement shall commence on the Effective Date and expire on January
1, 2013 ("Nominal Term").
3.2.1.
Extensions of Nominal Term.
On the condition that the parties have a valid grant of license hereunder, the
parties agree that each will review and consider, at a public hearing of which the other party has
been given notice and the opportunity to be heard (not otherwise published except for listing on
the Agenda of the meeting of the governing board of each party), the advantages and
disadvantages of extending the Nominal Term of this agreement. Each Party agrees to use good
faith and best efforts to render a decision prior to the end of the Nominal Term.
3.2.2 Suspension of Licenses.
This Agreement may not, during the Nominal Term, be terminated by either party
for reasons herein specified, but, in addition to such other legal remedies as a party may have
for enforcement, the governing Board of either party may, upon the affirmative vote of 4/5ths
of their members, and a finding, reasonably determined, that there is good cause to suspend the
license, and identifying such cause, which finding shall be contained in a written resolution of
its governing board, suspend the licenses herein granted for a period of not to exceed three
months per suspension.
3.2.2.1 There shall be no limit on the number of successive
suspensions as long as the cause for the suspension remains.
3.2.2.2 "Good cause" for a suspension may include (1) one party
has engaged in a course of conduct of not performing its obligations under the terms of this
agreement; or (2) that a Host Party's Facilities are in a condition detrimental to the health and
safety of prospective users thereof; or (3) one party fails to appropriate sufficient funds for the
operation and maintenance of its Facilities.
3.2.2.3 "Good Cause" shall not include a spite motive, a personality
conflict, or political difference of opinions between the governments, or the members thereof,
or disputes between the two agencies over other business matters unrelated to the City Facilities
or District Facilities.
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February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 4
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3.2.2.4 A Superior Court, upon application by a party for a writ of
mandate ordering a party to reasonably determine that good cause exists, shall have the right to
independently review and make a judgment on the evidence as to whether good cause exists.
3.3. Termination, Removal or Suspension for Failure to Repair.
3.3.1 Termination for lTiirepaired Major Damage to a Facility. If the
Guest Party determines that the Host Party is not diligently pursuing the repair of a Facility
which has suffered damage greater than normal wear and tear, regardless of the availability of
funds to accomplish same, the Guest Party shall have the option of terminating this Agreement
on a one year notice, during which time the Host Party may attempt to accomplish the repair.
If the repair is substantially accomplished within the a one year notice period, this Agreement
shall not terminate. This right to terminate is independent of the right of a party to suspend or
right of a party to remove a Facility from the terms of this Agreement.
3.3.2 Removal of Facility for Unrepaired Major Damage to a Facility.
If the Guest Party determines that the Host Party is not diligently pursuing the repair of a
Facility which has suffered damage greater than normal wear and tear (regardless of the
availability of funds to accomplish same), but the damage is not of such a nature as to prohibit
all functional use of all Facilities of the Host Party, after giving the Host Party 90 days notice
of the need for said repair ("Notice of Need Period"), the Guest Party shall have the option of
removing all or a portion of the Facilities owned by the Guest Party from the provisions of the
License herein granted on 60 days advance written notice of intent to remove Facilities from the
provisions of the License herein granted ("Notice of Removal Period"). If the repair is
substantially accomplished prior to the expiration of the Notice of Removal Period, the Guest
Party's option right to remove a Facility is terminated. If the repair is accomplished after the
expiration of the Notice of Removal Period, the Guest Party shall re-include the previously
removed Facilities into the terms of the License herein granted. This right to remove a Facility
is independent of the right of a party to suspend or right of a party to terminate this Agreement.
3.3.3 Suspension. Nothing in this section shall preclude the right of
suspension hereinabove granted to a party for failure of the other party to timely effect a repair
as required by this Agreement.
3.4 Priority Access to a Facility.
3.4.1 Preferential Access to District Facilities.
3.4.1.1 Non-School Hours. Absent written agreement to the
contrary as to specific times and circumstances, the License herein granted to the City to use the
Facilities of the District shall, during Non-School Hours,1- _ preference over competing Dis- X
trict-proposed uses except for those competing District proposed-uses which occur during Non-
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February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 5
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School Hours on a School Day following School Hours until 4:00 p.m. of said School Day, and
then, only as to those District Facilities for which the District has indicated, in writing to City
60 days in advance of the required date, a need to conduct an after-school program for students
who are, in substantial part, enrolled at EastLake High School, and the after-school program is
either sponsored by the California Interscholastic Federation or is sponsored by the District as
a performing art activity.
3.4.1.2 School Hours. Absent written agreement to the contrary as
to specific times and circumstances and except for two (2) of the District's tennis courts. which
are open to the general public at all times, the License herein granted to the City to use the X
Facilities of the District shall, during School Hours/I' ,t have preference over actual
competing District uses, except for ten (10) days during a given calendar year for which the City
has indicated, in writing to District 60 days in advance of the required date, a need to conduct
an event during School Hours ("City Special Use Days"). City will use good faith efforts to
identify the 10 Special Use Days during the Scheduling Meetings.
3.4.2 Preferential Access to City Facilities.
3.4.2.1 Non-School Hours. Absent written agreement to the
contrary as to specific times and circumstances, the License herein granted to the District to use
the Facilities of the City shall, during Non-School Hours, not have preference over City-pro-
posed uses except as to those District proposed-uses which occur during Non-School Hours on
a School Day following School Hours until 4:00 p.m. of said School Day, and then, only as to
those City Facilities for which the District has indicated, in writing to City 60 days in advance
of the date of use, a need to conduct an after-school program for students who are, in substantial
part, enrolled at EastLake High School, and the after-school program is sponsored by the
California Interscholastic Federation.
3.4.2.2 School Hours. Absent written agreement to the contrary as
to specific times and circumstances, the License herein granted to the District to use the
Facilities of the City shall, during School Hours, have preference over actual City uses, except
for the ten (10) City Special Use Days pursuant to the procedure aforementioned.
3.5 Shared Use of Equipment.
The City and the District, from time-to-time may, for the purposes of conducting
recreational or special event activities, share equipment. A shared equipment arrangement shall
be requested in writing by the borrowing party and the agreed upon by the lending party of said
equipment. In the event that said equipment is lost, damaged or stolen, the borrowing party
shall replace said equipment within a period of ninety (90) days.
3.6. Use Limitations.
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February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 6
7~)~
It is expressly agreed that the Facilities licensed hereunder are to be used, and shall be
used, for the purposes of providing recreational and educational facilities and corresponding
projects and programs intended to promote physical, mental, and moral well being, and for such
other related or incidental purposes as may first be approved in writing by the chief executive
officer of the Host Party, and for no other purpose whatsoever. A Guest Party shall not use a
Host Party's Facilities for any other purpose ("Use Duty").
3.6.1. Specific Violations of Use Duty. Without limitation as to other
possible violations of the Use Duty, a Guest Party shall specifically not permit the following uses
by themselves or their Sponsored Groups:
3.6.1.1. Political Activities. A Guest Party shall not use and shall
not permit or tolerate the use of a Host Party Facility for campaigning or
otherwise working for the nomination or election of any individual to any public
office, partisan or nonpartisan, or for any ballot measure, including any initiative,
referendum, or advisory vote, except with the advance written permission of the
Host Party. A Guest Party may use a Host Party's Facility, with the advance
written permission of the City Council, as a forum for open public debate by
candidates on the condition that no member of the public shall be excluded
therefrom.
3.6.1.2 A Guest Party, while using a Host Party's Facilities,
shall abide by the policies, rules, regulations and ordinances adopted in good faith
by the Host Party as a restriction on the general use of the Facilities and other
similarly situated facilities of the Host Party.
3.7. Conflict Scheduling Duty; Scheduling Periods; Scheduling Meetings.
3.7.1. "Time Rights", as used herein, shall refer to the preferential right
of a party to use or operate a Facility as determined by this Agreement.
3.7.2. Duty to Hold Scheduling Meeting. On a quarter-year basis
commencing and occurring each year not later than January 5, AprilS, July 5 and October 5,
or -on such other date as the parties may agree, but in no event later than 70 days prior to the
commencement of the period which shall be the subject of the meeting ("Scheduling Period"),
City and District, by and through their respectively assigned staff members, shall meet and
confer jointly with regard to the specific time needs that each party shall require of the Facilities
subject to this Agreement during the next Scheduling Period that may occur outside of their own
Time Rights. Such meetings shall be referred to as "Scheduling Meetings". Each party is
required to attend Scheduling Meetings. It shall also be a permissible subject of such quarterly
meetings to discuss operational problems experienced by the Parties.
jntuslO. wp
February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 7
7-/1
3.7.3. Duty to Concede Time Rights. Upon any party's request
("Requesting Party") at a Scheduling Meeting of another party ("Requested Party") to concede
Time Rights otherwise granted to the Requested Party ("Requested Time"), the Requested Party
shall either concede their Time Rights, or advance, in good faith, legitimate justification for not
surrendering Time Rights, and in doing so, shall consider, among other things: (I) The ability
of the Requested Party to schedule reliable programming; (2) The public benefits achieved by
their proposed use of the Facility during the Requested Time as balanced against (3) the public
benefits to be achieved by the Requesting Party's proposed use of the Facility during the
Requested Time; (4) the purpose to which the Facility is to be put by each party; (5) the fact that
Time Rights were allotted to the Requested Party in the first instance in order to carry out a
particular function. Concession of Time Rights between the parties shall be made without
compensation, and no party shall demand or request same. If after this discussion, impasse is
reached at the staff level (including a meeting between the City Manager of the City and the
District's Superintendent), the City Council and the Board of the District shall meet in a joint
session to resolve the dispute. Except as otherwise provided herein, no party is required, at
such Scheduling Meetings, to surrender their Time Rights.
3.7.4. Duty to Reduce to Writing; Entitlement to Rely. If the parties
reach an agreement as to a transfer or a reprioritization of Time Rights to the other party for
a given Scheduling Period, such agreement shall be reduced to writing and upon execution, may
be relied upon by the Requesting Party to schedule events and programs during such transferred
time periods.
3.7.5. The duties imposed on the parties by this Section shall be referred
to as the "Conflict Scheduling Duties."
3.8. Duty to Supervise.
During all such times as all or part of a Host Party Facility is used by a Guest Party, or
a Sponsored Group of a Guest Party, as herein permitted, the Guest Party shall be responsible
for providing and shall provide, competent, on-site supervision of said Sponsored Group by an
appropriate contingent of responsible adults, and such appropriate security therefore necessary
to prevent property damage or intentional personal injury to any person.
3.9 Operation Expense, Maintenance and Repair.
Except as herein provided, the City and the District each agree to operate, maintain and
repair, at their own expense, their own Facilities in its condition as it exists upon completion
of construction of such Facilities, or a functional equivalent of their condition as its exists upon
completion of construction, normal wear and tear excepted.
3.9.1
Interim Mowing of City Facility Turf.
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February 2, 1993
EastLake High School/Park Joint Use Agreement
Page 8
7-.;.tJ
By virtue of other agreements and permit approvals, EastLake Development
Company ("EastLake") is responsible to the City to construct the Chula Vista Community Park
pursuant to City approved specifications which, among other things, will require the construction
contractor ("Park Contractor") to maintain the park, including turf mowing, for a given period
of time (approximately three months) ("Contractor Maintenance Period"). The District agrees
to mow, as needed pursuant to industry-accepted standards but not less than once weekly, the
turfed areas of Chula Vista Community Park commencing after the conclusion of the Contractor
Maintenance Period until June 30, 1993. The parties agree to meet and confer for the purpose
of reaching agreement on turf mowing services, and compensation therefore, that the District
may be willing to provide thereafter.
3.9.2 Tennis Court Facility Maintenance, Repair, and Revenues.
The City agrees to maintain the City-owned lighting and coin-operated timers for
the District-owned Tennis Court Facility, and to pay for the electricity necessary to operate
same. District to maintain court surfaces, repair court surfaces and fencing, install and replace
wind screens lI1!d nets. All revenues collected by City from the coin-operate4~ hall.>J
belong to the City.
3.9.3.
Major Repairs.
To the extent that a Major Repair to a Facility is required, the Host Party shall
diligently attempt, in good faith to secure the repair of the Facility by estimating the cost of
repair, budgeting funds for same, designing the repair, and implementing the design, all of
which shall be done to the extent that funds are available to do so.
3.9.4 Identifiable Damage.
Notwithstanding the foregoing, if a Guest Party, or one of its Sponsored Groups,
or one of their its members, guests or attendees, has caused damage to a Facility, regardless of
whether the damage was caused by the negligence of the Guest Party, the Guest Party shall pay,
or shall cause their insurance company to pay, for the repair of same.
3.9.5 Fee Waiver.
A Host Party shall make their respective Facilities available to the Guest Party,
or a Sponsored Group of a Guest Party, free of charge for athletic events, recreational activities,
special events, and any other event, unless a fee is charged to the users or attendees at such
event or activity. Pursuant to the provisions of Section 10902, no admission price shall be
charged by the District for events conducted by them under the license herein granted of the
City's Facilities except for amateur athletic contests, demonstrations, or exhibits and other
educational events. Nothing herein shall operate as a limitation on the right of the City to
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EastLake High School/Park Joint Use Agreement
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charge a fee for the use of the City's Facilities or the District's Facilities at such time when
same is under license to the City. If such a fee is charged, unless the parties otherwise agree,
the Host Party may impose a charge on the Guest Party for the use of the Facility but not on a
basis different from the rate at which the Guest Party charges the users or attendees, or in an
amount in excess of the fee charged by the Guest Party.
3.10. Facility Modification or Removal Rights.
Except with the written consent of the other party to this Agreement, granted by written
resolution of the governing board of said party, or for any of the following reasons, no Facility
shall be modified or removed from service:
3.10.1.
Restricted Uses.
From time-to-time, use of a Host Party's Facilities may be restricted for
maintenance, repair or improvement.
3.11. Operational Matters.
3.11.1 Procedure Training.
The Guest Party shall cause and train its employees to comply with procedures
in a manual ("Procedures Manual") prepared by the Host Party for the use of a Host Party's
Facility regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility
damage (including graffiti reporting).
3.11.2.
Signs.
The Host Party to a Facility may erect or display any banners, pennants, flags,
posters, signs, decorations, marquees, awnings, or similar devices or advertising ("Signs") on,
around, or in the immediate vicinity of the Facility without the prior written consent of the Guest
Party.
The Guest Party may, with the advance written permission of the Host Party,
erect or display any temporary Signs on, around, or in the immediate vicinity of the Facility.
If any Sign of a Guest Party is found on the premises of a Host Party in violation
of this section, Guest Party agrees to remove the Sign at its expense within 24 hours notice
thereof by the Host Party, or the Host Party may thereupon remove the item at the Guest Party's
cost.
3.11.3.
Hazardous Materials.
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If a party knows or has reasonable cause to believe, that any hazardous substance
has been released on or beneath the premises on which any Facility is located or proximate to,
that party shaH give written notice to the chief executive officer of the Board of the other party
within ten (10) days of receipt of such knowledge or cause for belief. Provided however, if a
party knows, or has reasonable cause to believe that such substance is an imminent and
substantial danger to public health and safety, said party shall notify the chief executive officer
immediately upon receipt of this knowledge or belief and shall take all actions necessary to
alleviate such danger. A party shall notify the other party immediately of any notice of violation
received or initiation of environmental actions or suits, publicly or privately brought, relative
to the premises. In addition, neither party shall utilize or seH any hazardous substance on the
property without the prior written consent of the other, except for normal cleaning, construction
or other similar types of supplies.
3.11.4.
Standard of Employees.
A Guest Party, and its employees and agents, shall at all times conduct themselves
and the operations a Host Party's Facility in a prudent manner.
3.11.5.
Staffing.
A Guest Party shall provide sufficient staffing of events and programs to be held
or conducted at a Host Party's Facility. .
3.11.6.
Normal Cleanup Maintenance.
Except for conditions which may be corrected by normal janitorial services, each
Guest Party shall leave a Host Party's Facility at the conclusion of their use in a neat and clean
condition and one that does not impose any additional duty on the janitorial and custodial
services staff, or upon the next occupant of the Facility. This includes the duty of each party
to place its Facility, after each usage by a party or Sponsored Group, to prepare the Facility for
the subsequent use.
3.11.7.
Other Rules Promulgated by City.
A Guest Party shall abide by any and all reasonable rules and procedures
promulgated by the Host Party, as same may be, from time to time amended, with regard to the
usage of the Facility.
3.12.
Insurance, Indemnity, and Risk Sharing Duties.
3.12.1.
Liability for Damage--Property and Personal Injury.
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A Guest Party shall be liable for all property damage and personal injury that
occurs by itself or a Sponsored Group of a Guest Party, or their members, guests or attendees,
while on the property of a Host Party regardless of whether it is at a Facility of the Host Party,
and shall hold the Host Party harmless from any and all such loss, adverse judgments,
settlements, or other liability, and shall defend the Host Party with regard to same at the request
and tender of the Host Party.
3.12.2. Reciprocal Indemnity for Invitee's, Employee's, or Trespasser's
Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair.
Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified
Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party,
against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good
faith settlement of, such a claim, including attorneys fees and court costs in defending such
claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of,
an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee
("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited
person, at the Facility (except to the extent that said claim is based on an act or omission of
design, construction, including building materials, maintenance or non-maintenance, repair or
non-repair by the Indemnifying Party) primarily caused by the act or omission of the
Indemnifying Party, their employees or invitees.
3.12.3. Reciprocal Indemnity for Property Damage Suffered by a Party Not
Caused by Design, Construction, Maintenance or Repair.
3.12.3.1. Property Damage. Each Party ("Indemnifying Party")
indemnifies each other Party ("Indemnified Party") and holds the Indemnified Party harmless,
from any property damage suffered by the Indemnified Party at the Facility primarily caused by
the act or omission of the Indemnifying Party, their employees or invitees, other than by acts
of design, construction (including building materials), maintenance or non-maintenance, repair
or non-repair.
3.12.3.2. Claim on Property Damage. Each Party ("Indemnifying
Party") indemnifies each other Party ("Indemnified Party") and holds the Indemnified Party
harmless from, and agrees to defend the Indemnified Party on, for any liability on any claim for
property damage suffered a Party at the Facility (except to the extent that such claim is based
on an act or omission of design, construction, including building materials, maintenance or non-
maintenance, repair or non-repair by the Indemnifying Party) primarily caused by the act or
omission of the Indemnifying Party, or their employees, other than by acts of design,
construction (including building materials), maintenance or non-maintenance, repair or non-
repair.
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EastLake High School/Park Joint Use Agreement
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3.12.4.
Liability for Design and Construction.
Loss, damage or liability sustained by a Party during the term of the Joint Use
Agreement, either directly or indirectly as a result of a third party claim of injury, damage, or
other loss, resulting primarily from, or claimed to be caused by, inadequate or improper design
of the Facility, construction of the Facility, choice of building materials I\sed in the Facility,
modifications of the Facility shall be borne equally by the City and the District. This covenant
shall survive the termination of this agreement.
3.12.5.
Liability for Losses Caused by Repair and Maintenance.
Losses sustained by a Party during the use of a license to a Guest Party, either
directly or indirectly as a result of a third party claim of injury, damage, or other loss, resulting
primarily from, or claimed to be caused by, inadequate or improper repair or non-repair of the
Facility, or maintenance or non-maintenance of the Facility, shall be borne equally by the
Parties. This covenant shall survive the termination of this agreement.
3.13. Insurance.
3.13.1. Property Damage Insurance. Host Party shall secure at their cost
fire, extended coverage, and vandalism insurance policy on all insurable Facilities owned by all
Parties on the premises in an amount to cover 100 percent of the replacement value, with not
to exceed a $10,000 deductible. Any proceeds from a loss shall be used as follows: rebuilding
or repairing the damaged property. Any damage loss which is within the limits of the $10,000
deductible shall be distributed to the parties in the same manner as Major Repairs.
3.13.2. Liability Insurance. Each Party shall, at their own expense,
throughout the term of this agreement, maintain an "occurrence" public liability policy in the
amount of not less than One Million Dollars ($1,000,000). Such policies shall cover all injury
or damage, including death, suffered by any party or parties present on the premises at the
behest of, or under the supervision of, such Party on or in connection with the use or operation
of the premises. The City and District may maintain its normal "self-insured retention ("SIR")
amount", and shall be responsible for all losses incurred with the amount of said SIR.
4. Rights Expressly Reserved by the Parties.
4.1. Related Council Actions. By the granting of this license, neither party is
obligating itself to any other governmental agent, board, commission,. or agency with regard to
any other discretionary action relating to development or operation of a Facility. Discretionary
action includes, but is not limited to re-zonings, variances, environmental clearances or any
other governmental agency approvals which may be required for the development and operation
of the Facility.
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4.2. No Liability for Lack of Quiet Enjoyment. If a Host Party for any reason
cannot deliver possession or quiet enjoyment of a Facility, or any portion thereof, or if a Host
Party is dispossessed therefrom, the Host Party shall not liable to Guest Party for any loss or
damage resulting therefrom, but such may be treated as a basis for suspension, termination or
removal in the same manner as a need for a Major Repair of a Facility.
4.3. Eminent Domain. Nothing herein shall be construed as an abandonment
of a party's right of eminent domain.
4.4. Rights Reserved. All rights not specifically granted ~s Agreement >( .
shall be specifically and generally reserved to th
5. Remedies for Breach.
5.1. If a party shall default in the performance of any covenant or condition
required by this Agreement to be performed by such party, then the other party will give the
breaching party written notice citing such default and demand the breaching party or any person
claiming rights through breaching party to correct such default noticed, and upon giving such
notice, the breaching party shall correct such default as soon as practicable, but in no event,
later than 30 days. Failure of breaching party to correct default shall not result in termination
of the License which is the subject matter of this Agreement, but may be the basis for an
injunctive order, writ of mandate, or other equitable action.
5.2. Waiver. Any waiver of a default by either party is not a waiver of any
other default. Any waiver of a default must be in writing and be executed by the chief executive
officer of the party in order to constitute a valid and binding waiver. Delay or failure to
exercise a remedy or right is not a waiver of that or any other remedy or right under this lease.
The use of one remedy or right for any default does not waive the use of another remedy or
right for the same default or for another or later default.
5.3. Miscellaneous.
5.3.1. Construction Against Draftsman.
This agreement has been fully negotiated by all parties, and no construction or
interpretation is to be made hereof on the basis of draftsmanship of the document.
5.3.2 Time is of Essence; Provisions Binding on Successors.
Time is of the essence of all of the terms, covenants and conditions of this lease
and, except as otherwise provided herein, all of the terms, covenants and conditions of this lease
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shall apply to, benefit and bind the successors and assigns of the respective parties, jointly and
individually.
5.3.3. Assignment and Subletting.
~ided, neither party shalf _' . _thiS license, or any X
interest therein, ____.____license the real property or any part thereof, or any right
or privilege appurtenant thereto, nor suffer any other person, except employees, agents, guests
and permittees of the party, to use or occupy the real property or any part thereof, without the
prior written consent of the other party in each instance. A consent to assignment, subletting,
occupation or use by any other person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use by another person. Any such assignment or subletting
without such consent shall be void. The license granted by this Agreement is personal to the
grantee.
5.3.4.
Encumbrance.
Neither party may encumber this license, its leasehold estate and its improvements
thereon by deed of trust, mortgage, chattel mortgage or other security instrument during the
terms hereof.
5.3.5.
No Inverse Condemnation.
The exercise of any right under this lease shall not be interpreted as an exercise
of the power of eminent domain and shall not impose any liability upon either party for inverse
condemnation.
5.3.6.
Notices.
All notices and demands shall be given in writing by personal delivery or first-
class mail, postage prepaid. Notices shall be addressed as appears below for the respective
Party; provided that, if any Party gives notice of a change of name or address, notices shall be
appropriately modified to reflect such changes. Notices shall be deemed received seventy-two
(72) hours after deposit in the United States mail.
Notice to the District:
Sweetwater Union High School District
Superintendent
1130 Fifth Avenue
Chula Vista, CA 92011
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Notice to the City:
City of Chula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 92010
5.3.7.
Compliance with Law.
Both parties shall at all times in the maintenance, occupancy, and operation of a
Facility comply with all applicable laws, statutes, ord. inances, and regulations of City, County, y
State,r . -ederal Governments, at that party's sole cost and expense. In addition, both parties / 'v
shall comply with any and all notices issued by the other party under the authority of any such
law, statute, ordinance, or regulation.
5.3.8.
City Approval.
The approval or consent of City, wherever required in this license, shall mean the
written approval or consent of the City Manager unless otherwise specified, without need for
further resolution by the City Council.
5.3.9.
Partial Invalidity.
If any term, covenant, condition, or provision of this license is found invalid,
void, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain
in full force and effect.
5.3.10.
Captions.
The section headings, and captions for various articles and paragraphs shall not
be held to define, limit, augment, or describe the scope, content, or intent of any or all parts
of this lease. The numbers of the paragraphs and pages of this lease may not be consecutive.
Such lack of consecutive numbers is intentional and shall have no effect on the enforceability
of this lease.
5.3.11.
Entire Understanding.
This license contains the entire understanding of the parties. Both parties, by
signing this agreement, agree that there are no other written or oral understandin~ between the
parties with respect to the licensed premises. Each party has relied on its own examination of
the premises, advice from its own attorneys, and the warranties, representations, and covenants
of the lease itself. Each of the parties in this license agrees that no other party, agent, or
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EastLake High School/Park Joint Use Agreement
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attorney of any other party has made any promise, representation, or warranty whatsoever which
is not contained in this lease.
The failure or refusal of any party to read the license or other documents, inspect
the premises, and obtain legal or other advice relevant to this transaction constitutes a waiver
of any objection, contention, or claim that might have been based on these actions. No
modification, amendment, or alteration of this lease will be valid unless it is in writing and
signed by all parties.
5.3.12
Disputes.
Any dispute involving this Agreement may be submitted in writing to the City's
Director of Parks and Recreation or his/her designee and to the District's Director of Planning
and Facilities and the District's High School Principal. The Parties, in good faith, shall attempt
to resolve said dispute before arbitration may be sought by either Party.
5.3.13
Amendment.
This Agreement may only be amended by the written consent of all the Parties
at the time of such amendment.
5.3.14
Entire Agreement.
This Agreement supersedes any prior agreement and contains the entire agreement
of the Parties on the matters covered. No other agreement, statement or promise made by any
Party or by any employee, officer or agent of any Party that is not in writing and signed by all
Parties shall be binding.
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5.3.15
Working Memorandum.
The City's Director of Parks and Recreation and the District's Director of
Planning and Facilities may enter into an operational memorandum ("Operational
Memorandum") which is intended to permit the two parties, at a staff level, to work
cooperatively together in dealing with the day-to-day operational problems that may be
encountered in the administration of jointly using eat:lJ others Facilities. Such Operational
Memorandum shall have no validity or effect on this Agreement whatsoever, and shall not
constitute a waiver of any of the provisions of this Agreement. If there is a disparity between
the provisions of such Operational Memorandum and the provisions of this Agreement, the
provisions of this Agreement shall control, except that neither party shall be liable for damages
to the other party for past acts conducted under the authority of such Operational Memorandum.
5.3.16
Exhibits.
All exhibits to which reference is made are deemed incorporated in this
Agreement, whether or not actually attached.
5.3.17
Further Assurances.
Each Party hereto agrees to perform any further acts and to execute and deliver
any further documents which may be reasonably necessary to carry out the provisions of this
Agreement.
5.3.18
Governing Law.
This Agreement has been executed in and shall be governed by the laws of the
State of California.
5.3.19
Headings and Interpretation.
This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and headings are for convenience and shall not be used in construing
meaning.
5.3.20
Counterparts.
The Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
5.3.21
Authority.
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The City and the District represent that the individuals signing this Agreement
have full right and. authority to bind their respective Parties to this Agreement.
5.3.22
Invalidity.
If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
5.3.23
No Strict Construction.
This Agreement shall not be strictly construed against any Party hereto.
5.3.24.
to either party. No party
Recorder's Office.
Nothing herein gives rise to a recordable interest in real property
shall cause or permit this Agreement to be recorded with the
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EastLake High School/Park Joint Use Agreement
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IN WITNESS HEREOF, the City and the District have executed this Agreement thereby
indicating they have read and understood the same, and indicate their full and complete consent
to its terms:
Dated:
,1993
City of Chula Vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce Boogaard, City Attorney
Dated:
, 1993
Sweetwater Union High
School District
by:
, President
Board of Trustees
by:
John Rindone
District Superintendent
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 02/02/93
gI'
ITEM TITLE:
Resolution It. , ';/, Reallocating $7,204 of Urban County CDBG
funds from the Woodlawn Park Community Center to the Neighborhood
Revitalization Program and requesting the County Board of Supervisors
to transfer said funds; Approving a contract amendment to the Agreement
between the City of Chula Vista and County of San Diego; and,
Reallocating $7,204 of City CDBG funds from the Otay Neighborhood
Revitalization Program to the Woodlawn Park Community Center
SUBMITTED BY:
Community Development Director C ,? '
REVIEWED BY: City Manage~
(4/Sths Vote: YES _ NO X)
BACKGROUND: In May 1992, the City Council reallocated funds from completed and
cancelled Urban County CDBG projects to the Woodlawn Park Community Center for a new
roof. However, because the Woodlawn Park Community Center is located in an ineligible
census tract, the County refused to reallocate the funds unless the City undertook an income
survey of the Woodlawn Park neighborhood. The City will lose the funds if they are not
expended within the next 3-4 months. The funds could be reallocated to the Neighborhood
Revitalization Program for design of the second phase of the Otay Area street improvements,
which is expected to get underway this month.
RECOMMENDATION: Approve the resolution reallocating $7204 of Urban County CDBG
funds from the Woodlawn Park Community Center to the Neighborhood Revitalization Program
and requesting the County Board of Supervisors to transfer said funds; approving a contract
amendment to the Agreement between the City of Chula Vista and County of San Diego; and,
reallocating $7,204 of City CDBG funds from the Otay Neighborhood Revitalization Program
to the Woodlawn Park Community Center
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In May 1992, the City Council approved the reallocation of $7204 of Urban County CDBG
funds (which were allocated to the Montgomery Area by the County prior to the annexation)
from completed and cancelled Montgomery Area projects to the Woodlawn Park Community
Center for a new roof. However, the Woodlawn Park Community Center is located in an
ineligible census tract (less than Sl % low-income households). The only other acceptable means
g".j
Page 2, Item
Meeting Date 02/02/93
i"
to qualify the project as CDBG-eligible is to undertake a door-to-door income survey in the
Woodlawn Park neighborhood. The City undertook an income survey about six years ago to
qualify the Woodlawn Park Community Center rehabilitation project, but the County is
concerned that HUD will not find this dated survey acceptable.
The County has informed the City that it must expend the remaining Urban County CDBG funds
immediately because the County runs the risk of HUD recapturing those funds which have not
been spent in a timely manner. The Engineering Division is ready to begin design of the Otay
Area street improvements. This project is in an eligible, low-income census tract and the Urban
County funds could be expended immediately for the initial survey and design work.
In order to reallocate the funds, the City must adopt the resolution requesting the County Board
of Supervisors to transfer the remaining Urban County CDBG funds (in account #643-6430-
PR140) and amend the contract between the City and the County (see attached).
Unlike the County, which is acting cautiously due to their lack of familiarity with Woodlawn
Park, staff is comfortable that the Woodlawn Park community is eligible and that the income
survey previously completed is still valid. Therefore, staff recommends that the disputed Urban
County funds be replaced with City CDBG funds. If HUD subsequently questions the survey
results, staff will update the income survey.
FISCAL IMPACT:
The resolution will enable the City to expend the $7,204 of Urban County CDBG funds in a
timely manner and maintain funding for the Woodlawn Park Community Center by simply
switching City and County CDBG funds between two projects. The resolution will reallocate
$7204 of Urban County CDBG funds from the Woodlawn Park Community Center to the
Neighborhood Revitalization Program and $7,204 of City CDBG funds from the Neighborhood
Revitalization Program to the Woodlawn Park Community Center.
8';;J.
RESOLUTION NO.
I~ , '7~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REALLOCATION OF $7,204
OF URBAN COUNTY CDBG FROM THE WOODLAWN PARK
COMMUNITY CENTER TO OTAY NEIGHBORHOOD
REVITALIZATION PROGRAM AND REQUESTING THE COUNTY
BOARD OF SUPERVISORS TO TRANSFER SAID FUNDS;
APPROVING A CONTRACT AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND COUNTY OF SAN
DIEGO; AND, REALLOCATING $7,204 OF CITY CDBG FUNDS
FROM THE OTAY NEIGHBORHOOD REVITALIZATION PROGRAM
TO THE WOODLAWN PARK COMMUNITY CENTER
The City Council of the city of Chula vista does hereby resolve
as follows:
WHEREAS, the County of San Diego requests that the City
expend the remaining $7,204 of Urban County Funds, which had
previously been allocated to the Woodlawn Park Community Center,
within the next 3 months; and,
WHEREAS, the County requires a new income survey of Woodlawn
Park in order to transfer funds to the Woodlawn Park Community
Center (which is located in an ineligible census tract); and,
WHEREAS, the City is ready, as part of the otay Neighborhood
Revitalization Program, to commence the design of the second
phase of the Otay Area street improvements and said project is
located in an eligible census tract;
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND,
DETERMINE, ORDER, AND RESOLVE AS FOLLOWS:
SECTION I. The City Council of the city of Chula vista does
hereby approve the reallocation of $7,204 from the Woodlawn Park
Community Center to the Otay Area Street Improvements, Phase II,
and requests the County Board of supervisors to transfer said
funds.
SECTION II. The city Council of the city of Chula vista
does hereby approve the contract amendment to the Agreement
between the City of Chula vista and County of San Diego, known as
document number , a copy of which is on file in the
office of the city Clerk, and does hereby direct and authorize
the Mayor to execute said contract for and on behalf of the City
of Chula vista.
SECTION III. The city Council of the City of Chula vista
does hereby approve the reallocation of $7,204 of CDBG funds from
~"
the Neighborhood Revitalization Program (RD204) to the Woodlawn
Park Community Center (BG140).
SECTION IV. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
SECTION V. The city Clerk shall certify to the passage
adoption of this Resolution; shall enter the same in the book
minute of
ting at
and
of
the
original Resolutions of said City; and shall make a
passage and adoption hereof in the minu~ s of the m
which the same is passed and adopted. /
,
~pr
t~uce M. Boogaa
City Attorney
pr~d~
Chrl.s Salomone
Community Development Director
ed aio
~r
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
This Agreement entered into by and between the CITY OF CHULA
VISTA (hereinafter referred to as "CITY"), and the COUNTY OF SAN
DIEGO (hereinafter referred to as "COUNTY"), on
WIT N E SSE T H:
WHEREAS, there has been enacted into law Public Law 93-383,
the Housing and Community Development Act of 1974, the primary
objective of which is the development of viable urban communities
by providing federal assistance for community development
activities in urban areas; and
WHEREAS, County as an "urban county" as that term is used in
the Act, is authorized to apply for and accept Community
Development grants with respect to its unincorporated territory and
with respect to included units of general local government to
undertake or to assist in the undertaking of essential community
development and housing assistance activities; and
WHEREAS, city is a unit of general local government located
within the territorial boundaries of the County; and
WHEREAS, it is the desire of the City and the County that the
Project be implemented by the city; and
WHEREAS, the City shall undertake the same obligations to the
County with respect to the Project in the County's aforesaid
application for participation in the Community Development Block
Grant program; NOW THEREFORE
IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: City agrees to implement the
Project described in Attachment "A" hereof (entitled "Scope of
Work") fully in accordance with the terms of the application made
by the county to the Department of Housing and Urban Development
(hereinafter referred to as "HUD") for funds to carry out the
Project and the assurances (HUD Form No. 7068) which were submitted
concurrently with the application. The Application and assurances
CCSF No. 70.01
B'~.s
form is hereby incorporated by reference into this agreement fully
as if set forth herein. City agrees that it undertakes hereby the
same obligations to the County that the County has undertaken to
BUD pursuant to said application and assurances. city agrees to
hold County harmless against any indemnity which it may suffer with
respect to BUD on account of any failure on the part of City to
comply with the requirements of any such obligation. The
obligations undertaken by City include, but are not limited to, the
obligation to comply with each of the following:
(a)
(b)
(c)
(d)
(e)
(f)
The Housing and Community Development Act of 1974 (Public
Law 93-383) as amended;
Regulations of the Department of Housing and Urban
Development relating to Community Development Block
Grants (Title 24, Chapter V, Part 570 of the Code of
Federal Regulations commencing with Section 570.1);
Regulations of the Department of Housing and Urban
Development relating to environmental review procedures
for the Community Development Block Grant program (Title
24, Subtitle A, Part 58 of the Code of Federal
Regulations, commencing at section 58.1);
Title VI of the civil Rights Act of 1964 (Public Law
88-352); Title VIII of the civil Rights Act of 1968
(Public Law 90-284); section 109 of the Housing and
Community Development Act of 1974; section 3 of the
Housing and Urban Development Act of 1968; Executive
Order 11246; Executive Order 11063; and any HUD
regulations heretofore issued or to be issued to
implement these authorities relating to civil rights;
The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and regulations adopted
to implement that Act in the Code of Federal Regulations,
Title 24, Part 42;
OMB Circular A-87 entitled "Cost Principles Applicable to
Grants and Contracts with State and Local Governments";
OMB Circular A-128 entitled "Audits of State and Local
Governments", and with 24 CFR Part 85 entitled "Uniform
Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments:. Reference is
particularly made to the following sections of 24 CFR
Part 85:
(1) Section 85.20, "Standards for financial management
systems", except paragraph (a).
(2) section 85.36, "Procurement", except paragraph (a).
8""
(g) section 570.504 "Program Income" of the Regulations of
the Department of Housing and Urban Development relating
to the Community Development Block Grant (CDBG) Program.
Any Program Income earned by City in carrying out the
activities of this Agreement shall be returned to the
County.
Upon expiration of this agreement, City agrees to
transfer to the County any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under City's
control acquired or improved in whole or in part with
CDBG funds in excess of $25,000 will either be:
(i)
Used to meet
outlined by
expiration of
one of the national objectives
HUD until five years after
the agreement; or
(ii) Disposed of in a manner that results in the
County being reimbursed in the amount of the
current fair market value of the property less
any portion of the value attributable to
expenditures of non-CDBG funds for acquisition
of, or. improvement to, the property.
Reimbursement is not required after the five
year period specified in paragraph (g) (i) of
this section.
provisions under paragraphs (i) and (ii)
shall survive five (5) years from
termination of this Agreement.
of this section
lethe date of
Program income on hand at the time of closeout and
subsequently received shall continue to be subject to all
applicable CDBG Program eligibility requirements,
provisions of section 570.504, and provisions of this
Agreement.
(h) section 570.505 "Use of Real Property" of the Regulations
of the Department of Housing and Urban Development
relating to the Community Development Block Grant
Program.
(i) The following laws and regulations relating to
preservation of historic places: Public Law 89-665 the
Archeological and Historical Preservation Act of 1974
(Public Law 93-291), and Executive Order 11593 including
the procedures prescribed by the Advisory Council on
Historic Preservation in 36 Code of Federal Regulations,
Part 800;
(j) The Labor Standards Regulations set forth in section
570.705 of 24 CFR, Part 570;
3''1
(k) The Architectural Barriers Act of 1968 (42 U.S.C. section
4151);
(1) The Rehabilitation Act of 1973 (Public Law 93-112) as
amended; including section 504 which relates to
nondiscrimination in Federal programs and Housing and
Urban Development Regulations set forth in 24 CFR Part 8.
(m) The Hatch Act relating to the conduct of political
activities (Chapter 15 of Title 5, U.S.C.);
(n) The Flood Disaster Protection Act of 1974 (Public Law
93-234 and the regulations adopted pursuant thereto) 24
CFR, Chapter X Subpart B;
(0)
(p)
(g)
(r)
(s)
(t)
The Clean Air Act (42 U.S.C. section 1857 et seg.) and
the Federal Water Pollution Control Act, as amended (33
U.S.C. section 1251 et seg.) and the regulations adopted
pursuant thereto (40 CFR, Part 15);
The Drug-Free Workplace Act of 1988 (Public Law 100-690) ;
The City will adopt a policy consistent with Board of
Supervisors I Policy B-39, "Minority and Women Business
Enterprise Program", in order to insure that every effort
is made to provide equal opportunity to every potential
minority and women business vendor, contractor and
subcontractor;
No member, officer or employee of the City, or its
designee or agents, no member of the governing body of
the locality in which the program is situated, and no
other public official of such locality or localities who
exercises any functions or responsibilities with respect
to the program during his/her tenure or for one year
thereafter, shall have any interest, direct, or indirect,
in any contract or subcontract, or the process thereof,
for work to be performed in connection with the program
assisted under the Grant, and that it shall incorporate,
or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest
pursuant to the purposes of this certification.
In accordance with Section 519 of Public Law 101-144, the
city certifies that it has adopted and is enforcing a
policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any
individuals engaged in nonviolent civil rights
demonstrations.
The City certifies, that in accordance with Section 319
of Public Law 101-121, to the best of its knowledge and
belief that:
1r"~
(1) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to
influence an officer or employee of any agency, a
Member of Congress, an officer or employee of
Congress, in connection with the awarding of any
Federal contract, the making of Federal grant, the
making of any rederal loan, the entering into of
any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of
a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and
submit standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its
instructions.
2. COMPLIANCE WITH LAWS: City agrees to comply with all
applicable state laws and regulations or local ordinances or
regulations in the implementation of the project.
3. COMPENSATION: County agrees to pay City total
compensation for implementing the Project described herein project
costs not to exceed the sum of $7,204.
4. COMPENSATION SCHEDULE: County agrees to pay City monthly
progress payments upon certification and submittal by City of a
statement of actual expenditures incurred, provided, however, that
not more than 90% of the total agreed compensation will be paid
during the performance of this Agreement. The balance due shall be
paid upon certification by city that all of the required services
have been completed. Payment by County is not to be construed as
final in the event HOD disallows reimbursement for the project or
any portion thereof.
5. EXPENDITURE STANDARD: In order to insure effective
administration and performance of approved Community Development
Block Grant Projects and to meet HOD performance standards, City
agrees that it shall not have more than 1.5 times its current
annual allocation in total unexpended funds available nine months
from the start of a program year. In the event that city's
unexpended balance is greater than 1.5 times the current
allocation, County shall notify City of the expenditure deficiency.
City will have a total of 60 calendar days, from the date of the
8"1
County's written notification, to correct the deficiency. If the
deficiency is not corrected within that time, City agrees that the
County may either reduce the City's next annual entitlement amount
or reallocate the amount of the expenditure deficiency to attain
the required expenditure standard.
6. ~: This agreement shall commence when executed by the
parties hereto and shall continue in full force and effect until
terminated as provided herein. The agreement may be terminated by
either party after 30 days notice of intention to terminate has
been given to the other party, provided, however, that no notice of
termination given by city shall be effective unless HUD has agreed
to release County from its obligations pursuant to the Projects.
Alternatively, the agreement will be automatically terminated in
the event that the United states Government terminates the
Community Development Block Grant Program or terminates the
Projects, which is the subject of the agreement.
7. TERMINATION OF AGREEMENT FOR CAUSE: ci ty and County
recognize that the County is the governmental entity which executed
the grant agreement received pursuant to its application and that
it has thereby become legally liable and responsible thereunder for
the proper performance of the Projects. If through any cause City
shall fail to fulfill in timely and proper manner its obligations
under this agreement to undertake, conduct or perform the project
identified in this agreement, or if city shall violate any state or
local laws or regulations in the implementation of the project, or
if City shall violate any of the covenants, agreements, or
stipulations of t:ds agreement, County shall thereupon have the
right to terminate this agreement by giving written notice to City
of such termination and specifying the effective date thereof at
least five days before the effective date of such termination.
Notwithstanding the above, City shall not be relieved of liability
to County for damages sustained by County by virtue of any breach
of the agreement by city and County may withhold any payments to
city for the purpose of set-off until such time as the exact amount
of damages due County from City is determined. City hereby
expressly waives any and all claims for damages for compensation
arising under this agreement except as set forth in this section in
the event of such termination.
8. CONTRACT ADMINISTRATION: The Director, Department of
Housing and Community Development shall administer this agreement
on behalf of the County. The City Manager shall administer this
agreement on behalf of the city. City agrees to supply to County
within a reasonable period of time after request, progress reports
or other documentation as shall be required by the county I s
contract administrator to audit performance of this agreement.
,-
S'''/d
9. RECORDS AND REPOR'.rS: The city shall maintain records and
make such reports as required by the Director, Department of
Housing and Community Development to enable the County to analyze
utilization of the City's program. All records of the City
respecting the Projects shall be open and available for inspection
by auditors assigned by BUD and/or the County during the normal
business hours of the City.
10. INDEMNIFICATION: The City agrees to fully indemnify,
defend and save harmless the County against any and all loss,
damage, liability, claim, dnmand, suit or cause of action resulting
from injury or harm to any person or property arising out of or in
any way connected with the performance of work under this contract,
excepting only such injury or harm as may be caused solely and
exclusively by the fault or negligence of the County.
11. NOTICE: Any notice or notices required or permitted to
be given pursuant to this agreement may be personally served on the
other party by the party giving such notice or may be served by
certified mail. Notices hereunder shall be sufficient if sent by
certified mail, postage prepaid to:
CITY:
COUNTY:
city Manager
city of Chula vista
276 Fourth Avenue
Chula Vista, CA. 91910
Clerk of the Board of
Supervisors
County Administration Center
1600 Pacific Highway
San Diego, CA 92101
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and the year first above written.
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
By
By
8'''//
ATTACHMENT "A"
SCOPE OF WORK
The City of Chula vista has a certain project to be'
under the community Development Block Grant Program.
be accomplished consists of the following:
implemented
The work to
1. surveys, design and preliminary engineering to determine
the location of curb, gutter, sidewalk and street
lighting in the eastern and southern portion of Otay,
which is bounded by,3rd Avenue on the west, Anita street
and Orange Avenue on the north, Albany street on the east
and Main street and Alvoca Way on the south.
2. Estimated Time Schedule: The city of Chula vista will
make all good faith and reasonable efforts to implement
the project in compliance with the following estimated
implementation schedule, or earlier:
Commence Survey
February 1993
Complete project
April 1993
3. Estimated Budqet: The City of Chula vista will make all
good faith and reasonable efforts to implement the
project in accordance with the following budget:
Survey, design and preliminary
engineering
$ 7,204
- - - - - - - - - - - - - - - - - - - - - - - - -
~,/~
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item~
Meeting Date 2/2/93
Resolution /~,? 7 Approving the FY 1993-94 claims for the
FY 1993-94 2% Non-Motorized Transportation Development Act
(TDA) Fund and Transportation Sales Tax (Transnet) Funds
Director of Public wor~ r
City Managerff" (4/5ths Vote: Yes_No.2S.J
ITEM TITLE:
SUBMITTED BY:
Annually, the City of Chula Vista submits an updated list of projects for inclusion in the
7-year implementation program of the non-motorized element of the Regional
Transportation Improvement Program. SANDAG regulations require that a set of claims
be submitted to SANDAG in order for projects to be considered by its Board of Directors
for funding. Council must pass a resolution authorizing submittal of the FY 1993-94
Bicycle Projects Claims for available Transportation Development Act and Transportation
Sales Tax Transnet Funds.
RECOMMENDATION: That Council approve the resolution as stated in the item title
above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Annually, the 2% Non-Motorized Transportation Development Act (TDA) Funds are made
available for the regional planning and construction of bicycle and pedestrian facilities.
TDA funds currently contribute about $1,500,000 per year to the implementation of non-
motorized projects in the San Diego region. Also, with the passage of Proposition A in
1987, an additional $ 1 million of Transportation Sales Tax (Transnet) revenues per year
is available for the implementation of said projects. The following is a listing of the
project claims that we propose to submit to SANDAG for FY 1993-94 funding.
1. Installation of sidewalk improvements at different locations along both sides of
Third Avenue between Orange Avenue and Main Street. The cost of the work is
estimated to be $ 1 73,000.
2. Street widening to provide for the installation of a bicycle lane along the south side
of East "H" Street between Buena Vista Way and the Southwestern College
driveway. The cost of the work is estimated to be $301,000.
3. Street widening to provide for the installation of a bicycle lane along the south side
of Bonita Road between Bonita Glen and 1-805. The cost of the work is estimated
to be $177,000.
9-/
Page 2, Item~
Meeting Date 2/2/93
4. Bicycle lane/Route Program, FY 93-94. Installation of striping and signage to
complete missing bicycle lanes and routes at various locations throughout the City.
The cost of the work is estimated to be $50,000. This work does not involve
street widening improvements.
5. Installation of sidewalk improvements along the east side of Fourth Avenue, south
of the new library site. The cost of the work is estimated to be $63,000.
Projects submitted to sANDAG must meet but are not limited to the following
requirements:
1 . Projects must be included in an adopted regional plan.
2. They must follow CalTrans bike route standards (if bike route projects).
3. Each project submitted must contain appropriate cross sections.
Projects are also subject to prioritization criteria such as elimination of problem areas on
routes to provide relatively safe travel use, service to high use activity centers, connection
to and continuity of longer routes.
The FY 1993-94 claims totaling an estimated $764,000 will be reviewed and prioritized
by the Bicycle Facilities Committee which is composed of representatives from each
sANDAG member agency. Based on the Committee's recommendations, the sANDAG
Board of Directors will authorize allocation of the available TDA and Transnet funds.
A copy of all Claim Forms are located in the City Clerk's Office for Council review.
FISCAL IMPACT: Potential total revenues to the City of $764,000. The actual amount
is dependent on which projects are approved for funding by the sANDAG Board of
Directors.
SMN:KY-036
WPC F:\home\englneer\agenda\tdaclaim
9; :J..
RESOLUTION NO.
1I,9'1?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FY 1993-94 CLAIMS FOR THE FY
93-94 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT
ACT FUND AND TRANSPORTATION SALES TAX (TRANSNET)
FUNDS
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, annually, the City of Chula vista submits an
updated list of projects for inclusion in the 7-year implementation
program of the non-motorized element of the Regional Transportation
Improvement Program; and
WHEREAS, SANDAG regulations require that a set of claims
be submitted to SANDAG in order for projects to be considered by
its Board of Directors for funding; and
WHEREAS, in order that claims for the projects may be
considered for funding by the SANDAG Board of Directors, Council
must pass a resolution authorizing submittal of the FY 1993-94
Bicycle Projects Claims for available Transportation Development
Act and Transportation Sales Tax Transnet Funds; and
WHEREAS, the following is a listing of the project claims
to be submitted:
COST
Sidewalk improvements along both sides
of Third Avenue between Orange Avenue
and Main Street $173,000
Bicycle lane along south side of
East H Street between Buena vista Way
and Southwestern college driveway
Bicycle lane along the south side of
Bonita Road between Bonita Glen and
I-80S
$301,000
$177,000
Bicycle Lane/Route Program, FY 93-94
Striping and Signage
50,000
Sidewalk improvements along the east
side of Fourth Avenue, south of the
new library site
$ 63,000
1
9--.3
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the FY 19 3-94 claims
for the FY 93-94 2% Non-motorized Transportation D lopment Act
Fund and Transportation Sales Tax (Tran t) funds.
John P. Lippitt, Director of
Public Works
Presented by
C:\rI\2% TDA
2
9',/
COUNCIL AGENDA STATEMENT
ITEM ) d
MEETING DATE 2/2/93
ITEM TITLE: Resolution 1"1'11" accepting California State Library -
California Library Services Act, Families For Literacy grant
funds awarded to the Chula Vista Literacy Team,
appropriating funds, and amending FY 1992-93 budget.
SUBMITTED BY: Acting Library Director O~
REVIEWED BY: City Managerff (4/5ths Vote: YES l NO _)
The Chula Vista Public Library has been notified by the California State
Library of their intent to issue the second half (Le. $11,000) of the original
$22,000 Families For Literacy grant awarded to the Chula Vista Literacy Team.
At the time the first $11,000 was appropriated (Council Resolution No. 16840)
the State Library was unable to guarantee full funding. At this time the full
amount has been guaranteed.
RECOMMENDATION: That Council adopt the resolution.
BOARD/<::OMMISSION RECOMMENDATION: On May 27, 1992 the Library
Board of Trustees voted to support the Library's application for CLSA
Families For Literacy grant funds.
DISCUSSION:
The additional grant funds will used to increase the service levels offered to
adult learners and their children enrolled in the Family Reading Program of
the Chula Vista Literacy Team, which was developed to break the
inter generational cycle of illiteracy. Outreach efforts will also be expanded.
Eligible families will now be provided with a home collection (estimated 20-
25 items) of quality children's books and magazines.
FISCAL IMP ACT: Accepting the final portion of the grant will provide an
additional $11,000 to implement this program through the Chula Vista
Literacy Team. These funds will be appropriated into fund 216-2163. (See
Attachment A).
/"~I /11) -2.
RESOLUTION NO.
/1;9'?r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY
- CALIFORNIA LIBRARY SERVICES ACT, FAMILIES
FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA
VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND
AMENDING FY 1992-93 BUDGET
WHEREAS, the Chula vista Public Library has been notified
by the California State Library of their intent to issue the second
half (i.e. $11,000) of the original $22,000 Families for Literacv
grant awarded to the Chula vista Literacy Team; and
WHEREAS, at the time the first $11,000 was appropriated
by Council Resolution No. 16840, the State Library was unable to
guarantee full funding; and
WHEREAS, at this time, the full amount has been
guaranteed; and
WHEREAS, on May 27, 1992, the Library Board of Trustees
voted to support the Library's application for CLSA Families for
Literacv grant funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept California State Library
- California Library Services Act, Families for Literacv grant
funds awarded to Chula vista Literacy Team.
BE IT FURTHER RESOLVED that the 1992-93 budget is hereby
amended by appropriating $11,000 from CLSA Fund 216 and
transferring said funds into the object accounts set forth on
Attachment A, incorporated herein by reference as if set forth in
full.
Presented by
as to
4
rrm;:Q
d, CJ.ty
David Palmer, Acting Library
Director
Bruce M.
Attorney
P,\home\atlomcy\CLSA
/I)-:J ;'0 - 'I
..-
.
FAMILIES FOR LITERACY BUDGET
FY 1992-93
1/20/93
BUDGET ACCOUNT: 216-2163
Original Additions
5105 - Hourly Wages:
$8,000.
5143 - Medicare:
5145 - PARS:
5319 - Family Literacy Resources:
$2,088.
5301 - Office/Program Supplies: $337.
5221 - Travel, Conference, Meeting: $200.
5298 - Other Contractual: $300.
5218 - Postage: $75.
TOTAL:
$11,000.
Id;5
$8,435.
$237.
$616.
$1,712.
$11,000.
ATT ACHMENT A
New Totals
$16,435.
$237.
$616.
$3,800.
$337.
$200.
$300.
$75.
$22,000.
COUNCIL AGENDA STATEMENT
ITEM I J
MEETING DATE 2/2/93
ITEM TITLE:
Report on application for grant funds from the Federal
Department of Education, Library Services and
Construction Act Title VI Library Literacy Program for FY
1993-94.
SUBMITTED BY:
Acting Library Director
9if
REVIEWED BY: City Manager '1' (4/5ths Vote: YES _ NO _XJ
Due to an application deadline, the Chula Vista Public Library has submitted a
request to the Federal Government for $34,845 in grant funds for the Federal
fiscal year 1993-94, under Title VI of the Library Services and Construction
Act, Library Literacy Program. We are currently recipients of a $32,800 Title VI
grant, whose cycle ends September 30,1993.
RECOMMENDATION: That Council approve the application.
BOARD/COMMISSION RECOMMENDATION: On January 27, 1993 the
Library Board of Trustees is expected to vote to support the Title VI grant
application.
DISCUSSION:
If approved, grant funds will be used to continue our Model Writing Project
for Adult Learners. Small group writing classes for learners enrolled in the
Chula Vista Literacy Team will be taught in the evenings at the Library at 365
F Street, and at the Castle Park/Otay Library. The classes will also serve as a
training ground for volunteer tutors to improve their techniques for teaching
basic writing skills. We anticipate serving 80-100 adult learners and training
40 volunteer tutors.
FISCAL IMPACT:
These funds cannot be used to supplant the existing tutor reading program,
however if we are successful in our application, $11,184 in salaries and $3,945
in benefits, budgeted in the Title VI grant, will be available to offset general
funds for the Chula Vista Literacy Team Coordinator and Administrative
Office Assistant II.
1/" I
COUNCIL AGENDA STATEMENT
Item 1.2-
Meeting Date 2/2/93
ITEM TITLE:
Public Hearing:
A. GPA-92-02 - Entertaining reconsideration of amendments to the
Public Facilities Element of the General Plan previously adopted
in June 1992, which implement and supplement the approved
County of San Diego Hazardous Waste Management Plan - City
initiated.
B. GPA-92-02A - Consideration of additional amendments to the
Public Facilities Element of the General Plan refining portions of
the June 1992 amendments, and re-stating the City's "fair share"
concepts regarding hazardous waste facilities - City initiated.
C. PCA-92-02 - Consideration of amendments to Title 19 of the
Municipal Code to define hazardous waste facilities as conditional
uses in the City's industrial zones, and to establish a specific
review procedure for conditional use permit applications for such
facilities consistent with State law - City initiated.
Resolution Adopting the proposed General Plan Amendments under
GPA-92-02A.
Ordinance Adding Sections 19.04.107 and 19.58.178 to, and
amending Sections 19.14.070, 19.42.040, 19.44.040 and 19.46.040 of,
the Chula Vista Municipal Code.
SUBMITTED BY: Director of Planning ;fit'
REVIEWED BY: City Manage~ (4/Sths Vote: Yes_No X)
Staff and the City Attorney request that consideration of these items be postponed. While a new
hearing date has not yet been determined, it is anticipated that approximately three weeks will
be necessary to resolve procedural matters related to the postponement.
/~-/
File No.
PUBLIC HEARING CHECK LIST
CI1Y COUNCIL PUBLIC HEARING DATE +"<..b "', '''\<13
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LOGGED IN AGENDA BOOK \ / I :s / Cj.3
I I
COPIES TO:
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Others
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
.58.
/.2- .3
~V~
=~-~
.-...::~~-..;
~~~~
ellY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER IEITER
Te1ecopier No. (619) 425-6184
DATE:
,/ls/qa
TO: Star News (.em I Julie
FAX NO: (619) 426-6346
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If all pages are not received. please call Lorna @ (619)691-5041.
/.2--5'
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5041
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHUlA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHUlA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering certain amendments to the Public Facilities Element of the City
General Plan and amendments to the City's Zoning Ordinance (Title 19).
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
February 2, 1993, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: January 15, 1993
Beverly A. Authelet
City Clerk
/",2 ,?
(
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL OF the City of Chula Vista, California for the purpose of considering
certain amendments to the Public Facilities Element of the City General Plan, and
amendments to the City's Zoning Ordinance (Title 19 of the Chula Vista Municipal Code),
pertaining to hazardous waste management, and the siting and permitting of hazardous
waste facilities within the City. The proposed General Plan amendments consist of the
potential reconsideration of the amendments approved in June 1992, which adopted
applicable provisions of the San Diego County Hazardous Waste Management Plan as
required by State law (AB 2948, Tanner (1986)); along with several additional, new
amendments which are intended to refine the previous amendments to the Public Facilities
Element, particularly "fair share" concepts regarding hazardous waste facilities. The
proposed Zoning Ordinance amendments are intended to implement provisions of the
Public Facilities Element amendments, and define hazardous waste facilities as conditional
uses in the City's industrial zone classifications, and establish specific application and
procedural requirements for considering conditional use permits for such facilities consistent
with the provisions of State law.
The Addendum to the Final Environmental Impact Report for the Hazardous Waste
Management Plan-County of San Diego (dated July 10, 1989, Sch. # 87120222) previously
prepared by the City under EIR-92-03, and considered in conjunction with the June 1992
amendments to the Public Facilities Element, may be reconsidered. The City's
Environmental Review Coordinator has determined that the new proposed additional
revisions to the Public Facilities Element, and the proposed Zoning Ordinance amendments
will not result in significant environmental effects, and has issued a separate Negative
Declaration under IS-93-14.
Copies of the proposed amendments, the Addendum, and the Negative Declaration are on
file in the office of the City Planning Department. Any petitions to be submitted to the City
Council must be received in the office of the City Clerk no later than noon of the hearing
date specified in this notice.
If you wish to challenge the City's action on these amendments in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City Council at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday.
FebruaJY 2. 1993 at 4:00 p.rn. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED:
CASE NO's:
January 14, 1993
EIR-92-03; IS-93-14; GPA-92-02j02A; PCA-92-02
I~ ., ?
COUNCIL AGENDA STATEMENT
Item /3
SUBMITTED BY:
Meeting Date 2/2/93
Resolution /'" 7 ~stablishing a policy on approval of Deferral and
Lien Agreements and approving the draft form of City's Deferral and Lien
Agreement A.' )
Director of Public wor~ Iff
City Manager~
(4/5 Vote: Yes_No..x.l
Council Referrals: 2608
2622
ITEM TITLE:
REVIEWED BY:
At its meetings of May 12 and June 9 of last year, Council expressed concerns regarding
requests for liens against properties in lieu of posting cash bonds for security for deferrals. The
concerns centered around 1) delegating the approval of lien agreement to staff up to a certain
limit and; 2) the inclusion of a clause in those agreements for increasing lien amounts to reflect
cost escalation. The subject Council Policy has been drafted to address those concerns. (See
Exhibit "A ")
RECOMMENDATION: That Council adopt a resolution establishing the attached policy.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
History/Back&round
Whenever an owner develops his land in the City, he or she must install any missing public
improvements in accordance with current standards as required by Section 12.24.040 of the
Municipal Code. In certain cases, however, those improvements may be deferred due to the
existing conditions surrounding the property. At the time the ordinance providing such deferrals
was adopted, security for the future completion of the improvements by the owner/developer
could be in the form of cash, surety bond, pass book, or a lien against the property in favor of
the City.
In the latter part of 1985 the Council accepted a report in which an explanation of problems with
different forms of security was included (see Exhibit "B"). The Council had previously
delegated authority to the City Engineer to approve deferrals and to accept liens on the property
to secure the deferral. The report recommended that security be only in the form of cash bonds
or, in the case of demonstrated hardship, the City accept a lien against the property being developed.
13-/
Page 2, Item I ;J
Meeting Date 2/2/93
After this authority was shifted, the department found that it was relatively easy to make a
determination of demonstrated hardship for an owner wanting to build a single family home,
remodel or add to his/her existing single family dwelling and, on his/her authority, accept a lien
in the place of the cash bond. In the case of all other types of development (Le., multi-family
residences, industrial and commercial buildings), since these uses are all "for-profit" ventures,
it was generally much more difficult to make the necessary determination of financial hardship.
As a result of this, liens were, as a general rule, not allowed for these later uses based solely
on staff's authority.
Recent Council Action
Council Referrals 2608 and 2622 were the result of three projects which appealed the
requirement to place cash as security for future improvements in lieu of a lien. Those projects
in which the City Engineer approved deferrals were:
A. In May of this year, Mr. Adolfo Castillo was allowed to defer the public
improvements at 3344 Main Street. He is currently operating a Mexican food
take-out restaurant.
B. In June, Dr. Gil Turullols requested and received a deferral for his property at
374 "H" Street. The doctor is building a new medical office on this lot.
C. Dr. Roberto Gratianne also requested and received a deferral for "H" Street
widening requirements at his proposed office project at 360 "H" Street when he
submitted plans to remodel an existing single-family house into office space.
Council approved the use of liens for all three of the projects indicated above. In addition,
Council directed staff to bring back a policy which would do the following:
1. Allow staff to approve a lien on any property up to a specific amount, and;
2. Develop an agreement that would provide the City with the surety needed in lieu
of a cash bond for deferrals. That agreement was to include provisions for a cost
escalation.
A sample agreement is attached (draft copy attached as Exhibit"C", see Page 3, Paragraph D)
which includes a provision to cover inflation costs over the life of the deferral. The amount of
the lien is stated, with an inflation factor built in which is linked to the Construction Cost Index
as listed in McGraw - Hill's weekly publication Engineering News Record.
1.3 --,;..
Page 3, Item 13
.
Meeting Date 2/2/93
The recommended policy contains the following:
1. Staff may approve lien agreements up to an amount of $30,000 for any approved
deferral whether residential, commercial or industrial property. That said amount
to be increased annually by the amount of the Construction Cost Index factor,
and;
2. Council to consider deferral and lien agreements which exceed those authorized
to be approved by staff, and;
3. Council approve the provisions contained in the draft agreement (see
Exhibit "C").
FISCAL IMPACT: None.
KY-158/PD-OOl
JWH
13'..3 / 13-'1
RESOLUTION NO. /69??
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A POLICY ON APPROVAL
OF DEFERRAL AND LIEN AGREEMENTS AND APPROVING
THE DRAFT FORM OF CITY'S DEFERRAL AND LIEN
AGREEMENT
WHEREAS, at its meetings of May 12 and June 9 of last
year, Council expressed concerns regarding requests for liens
against properties in lieu of posting cash bonds for security for
deferrals; and
WHEREAS, the concerns centered around delegating the
approval of lien agreement to staff up to a certain limit and the
inclusion of a clause in those agreements for increasing lien
amounts to reflect cost escalation; and
WHEREAS, the subject Council Policy has been drafted to
address those concerns as set forth in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby establish a policy on approval
of deferral as set forth in Exhibit "A" attached hereto and
incorporated herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista does hereby approve the draft form of city's
Deferral and Lien Agreement, as set forth in Exhibit "C" attached
hereto and incorporated herein by reference as if set forth in
full, and authorize the City Engineer to use same for deferrals
within his or her authority.
Presented by
Approved as to form by
iLlh.
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard City Attorney
F: Ihome\atromcyldefemll
1:1',5' /13""
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY EFFECTIVE PAGE
SUBJECT: NUMBER DATE NUMBER
.
Deferral and Lien Agreements
ADOPTED BY: Resolution No. DATED:
BACKGROUND
Several years ago, Council delegated the authority to the City Engineer to accept liens in lieu
of cash bonds for security for deferrals of public improvements. Since that time, the City
Engineer has required owners of commercial, industrial and multi-family projects to submit cash
bonds and not accept liens as security.
Recently, there has been a number of appeals to Council on denials by the City Engineer to
accept the liens offered by commercial property owners. Those appeals, in each case, were
upheld by Council.
PURPOSE
It is the purpose of this policy to provide a means of streamlining the deferral process and
curbing the number of appeals appearing on the Council's docket.
POLICY
The following Deferral and Lien Agreement Policy is hereby established:
1. Staff may approve deferral and lien agreements up to an amount of $30,000 for
any deferral granted by staff, whether residential, multi-residential, industrial or
commercial property.
2. That the above amount of authority is to be increased or decreased annually
beginning on the first of January of the year following the date of adoption of this
policy. The increase or decrease is to be determined by the Construction Cost
Index factor as presented in McGraw - Hill's national publication Engineering
News Record. (Construction Cost Index Value - 5059.07, Dec. 1992)
3. Council is to consider deferral and lien agreements which exceed those authorized
to be approved by staff.
EXHIBIT I~I
/3-'1
.
..
.
.
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
. Meeting Date 11/5/85
Report on placement of liens on personal and/or other property
for guaranteeing future installation of ~~d improvements
Director of Public Works/City Engineer ~,
City Manager (4/5ths Vote: Yes____No~)
SUBMImD BY:
REVIEWED BY:
At its August 13 meeting, Council requested that staff prepare a report
regarding the following:
1. Placement of liens against personal and/or other property as a guarantee
of future installation of improvements.
2. Past problems that the City has had with surety bonds as guarantee of
faithful performance.
The following is that report with recommendations included.
RECOMMENDATION: That Council accept this report and that Council direct
staff to prepare City Code revisions to implement recolll1lendations contained
herein.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Historically, when a developer of a parcel of land applies for a deferral of
the construction of public improvements and is granted such, he is required to
post security to guarantee future performance of the deferred work. The
security generally is in the form of:
1. A cash bond submitted to the Finance Department.
2. A lien in favor of the City against the property being developed;
3. A bond issued by a company dealing in securities and which must be
approved by the City Attorney;
According to the City Code, all these forms of guarantee are acceptable to the
City. The most desirable, from our standpoint, is the cash bond. It can most
readily be used for construction of the improvements should it become
necessary for the City to do the work.
EXHIBIT "BII
1:J...r
<
Page 2, Item
Meeting Date 11/5/85
The fi ndi ngs requi red for the granti ng of a deferral by Secti on 12.24.070 of
the City Code make it obvious that the deferral is a temporary relief from
construction of improvements. This temporary nature woul d be reinforced by
requi ring a cash bond, si nee there woul d be 1 i ttl e incentive to pursue a
deferral as a means of avoiding the expense of doing the work.
If the applicant chooses not to post a cash bond, our next preference is a
lien against the property being developed. The lien is a solid form of
bonding as the City has a legal hold on real property and the lien is recorded
with the County Recorder.
Third on the list of guarantees is the surety bond which is valid only if the
premiums are paid, usually on an annual basis. A search of our records shows
that the City has not needed to collect on a surety bond for a deferral that
has been terminated.
The City has not to our knowledge accepted a lien on anything other than the
real property that the owner is developing. The prospect of placing a lien
against someone's personal property is not appealing. It would be impractical
to accept title to personal belongings such as vehicles, etc. It would be
possible, however to place a lien against real property other than that being
developed if it is under the same ownership.
Bonding Problems
1. Cash Bonds: Thi s form of guarantee is the 1 east popul ar wi th develope"rs
and owners because they prefer to not tie their cash up for an indefinite
period. A record-search reveals only five instances where a cash bond has
been submitted in the approximately 90 deferrals that have been granted.
Cash bonds pose the least problem for the City. Even though the original
amount may be outdated after a few years, the interest gained by the City
will have helped offset the effects of inflation. Since justification for
a deferral is based upon physical surroundings (i .e., no improvements on
block thus because of drainage, impossible to install improvements nowl
rather than availability of private financing, a cash deposit should be no
more restrictive than installation of the improvements.
2. Liens: The major problem with liens is that placing a dollar amount in
the lien without an inflation factor leads the property owner to believe
that his obligation is limited to that amount. In fact, the property
owner is responsible for the installation of the improvements regardless
of the estimated amount of the work at the time of the deferral. This was
the opinion of the City Attorney in 1975.
Another problem, more minor in nature, is that it takes court action to
foreclose on a lien should such a foreclosure be necessary. However, the
City Code provides for the inclusion of attorney's fees in the lien amount.
3. Surety Bonds: The largest problem with this form of guarantee is that the
bonds are val i d only as long as the premi ums are pai d. The most common
premium period is one year. Some surety companies send the City status
inquiries on the bonds each year to see whether they must be renewed.
Many of the companies do not.
/.:1"
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. .
Page 3. Item
Meeting Date 11/5/85
The bond amounts do not include an inflation factor. therefore. the owner
may not be aware of his true total financial obligation.
Recommended Action
Section 12.24.070 of the City Code states that the City Engineer may grant a
deferral for a specified period and. from time to time. may extend the
deferral. Therefore. staff recommends the following:
1. Limit all deferrals of public improvements to three years. with the
stipulation that the deferral may be terminated upon written notice by the
City Engineer at any time within the three-year period.
2. Accept only cash bonds except in cases of demonstrated hardship. when a
lien on real property may be accepted.
The lien agreement would be worded in such a way as to bind the owner to
the full cost of installing the improvements at the time the deferral is
called up and not the amount estimated at the time the deferral is granted.
3. Initiate a tickler system whereby staff will be alerted in sufficient time
so as to 1 et the appl i cant know his deferral is about to expi re and
further action is necessary on his part before the date of expiration.
FISCAL IMPACT: None
JWH: fp/PDOOl
WPC 1678E
I :J,/t?
'.
Recording requested by and
please return to:
Public Wotks Department
Engineering Division Permits
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
... This space for Recorder's use, only ...
Assessors Parcel No(s).----------
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA
AND LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS ON THE PROPERTY OWNED BY -----------
AND WCATED AT --------------
THIS AGREEMENT, made and entered into this day of
, 19_, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter referred to as "City" and -----------, hereinafter referred to as "Property
Owner";
WII.MESSETH
WHEREAS, the property which is the subject matter of this agreement is commonly
known as ----------------- CHULA VISTA CA 9191- is identified in the County Assessor
, , ,
records as Parcel No. -----------, and is legally described as
In the City of Chula Vista, County of San Diego, State of California, more particularly
described as ------, recorded in the office of the Recorder of said County of San Diego
on ------------------.
("Property"); and,
WHEREAS, Property is owned by Property Owner; and,
WHEREAS, Property Owner is desirous of constructing a ---- ("Building") on the
Property; and,
WHEREAS, Section 12.24.040 of the Chula Vista Municipal Code provide, generally,
Deferral No. PD---
EXHIBIT "e"
Page 1
13"//
for the installation of certain public improvements upon any dedicated street or streets adjacent
to a lot or parcel upon which a structure or building is to be installed, erected, or moved upon;
and,
WHEREAS, Property Owner is obligated ("Improvement Duty"), by the above described
authority to install certain public street improvements ("Improvements") on the street right of
way abutting the Property to the specifications set by, and designed, surveyed, staked and
installed to the satisfaction of, the City Engineer, described as follows:
Curb, gutter & sidewalk, consisting of approximately ---linear feet to be built
along the Property frontage, a --foot wide driveway consisting of approximately -
-- square feet to be built within the street right of way, and approximately ---
square feet of A.C. paving, - feet wide by -- feet long.
WHEREAS, Property Owner has applied to the City Engineer of the City for a deferral
of the Improvement Duty; and,
WHEREAS, Section 12.24.070 provides that if the City Engineer, in his discretion, feels
that said installation of public improvements would cause a defective condition to the property
or it would be extremely impractical to install or construct the same, then the City Engineer,
upon finding that grounds for said deferral of the requirements of Section 12.24.040, may grant
said deferral, which may be limited to a specified period of time; and,
WHEREAS, the City Engineer does hereby fmd that the grounds for said request for a
deferral of the Improvement Duty exist on the conditions set forth in this Agreement, and the
granting of said deferral is in conformance with the requirements of Section 12.24.070;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto
as follows:
A. Grant of Deferral: City Engineer hereby grants a deferral of the Improvement
Duty until 30 days after such time in the future that the City Engineer may submit
a written demand upon the Property Owner or successor in interest to perform the
Improvement Duty, but in no event for a period of time later than three (3) years
from the date of execution of this agreement. .
B. Agreement to Perform Imnrovement Duty: Property Owner, or successor in
interest, in lieu of installing the Improvements specified herein prior to final
inspection or the giving of a Certificate of Occupancy by the City, agrees,
covenants and promises that Property Owner will perform the Improvement Duty
within thirty (30) days of written notice from the City Engineer to install said
improvements, or within three (3) years from the date of execution of this
agreement, whichever occurs first.
Deferral No. PD---
/3'1.2.
Page 2
C. Ae:reement Runs with the T and: The burden of this covenant is for the benefit
of the land owned by the City adjacent to the Property. The burden of this
covenant touches and concerns the Property. It is the intent of the parties, and
the parties agree, that this covenant shall be binding upon both the current
Property Owner(s), and upon the successors, heir, transferees and assigns of the
Property Owner(s), and run with, the ownership of the land which it burdens.
D. Grant of Lien: For the purpose of securing the faithful performance of the
promises and covenants herein contained, Property Owner(s) hereby grant(s) to
the City of Chula Vista a lien ("Lien") upon the Property in an amount equal to -
--- Thousand --- Hundred and 00/100 Dollars ($---.00) based upon the current
Construction Cost Index of --- as published weekly by the McGraw-Hill weekly
periodical, Engineering News Record ("Index") and which amount shall be
increased or decreased monthly in direct proportion to the increase or decrease
in the Index between the month in which the City forecloses upon said lien, and
the month in which this agreement was entered ("Lien Amount").
1. At any time during the period herein provided, Property Owner(s), may
make a cash deposit with the City in the then current Lien Amount to
cover the total cost of the improvements. If said cash deposit is made, the
City shall rescind the Lien granted by this Agreement, and shall record a
notice of rescission of same. The rescission of the Lien shall not
constitute a rescission of other covenants and property interests herein
granted, and shall not constitute a basis for not recording this Agreement.
2. In the event that said Index is no longer published, the City shall have the
right, upon notice to Property Owner(s), to calculate the Lien Amount on
the basis of any index which it reasonably determines reflects the cost of
living increases or decreases in the San Diego County area between the
date of this agreement and the date of foreclosure on the lien.
3. The Lien Amount shall operate as a maximum amount of the principal of
this Lien, exclusive of Attorney's Fees and Costs, and interest from the
date of filing of the foreclosure action on the Lien, which interest
Property Owner(s) agree(s) to pay at the rate of ten (10%) percent per
annum, compounded annually.
E. Grant of Conditional Easement: Property Owner(s) hereby grant(s) to City a
conditional easement over the Property to permit entry upon, design, survey,
staking and construction upon, and maintenance of, the Improvements which
easement shall be conditional upon the refusal or failure of the Property
Owner(s), including Property Owner(s') successors, to perform the Improvement
Duty as herein required.
F. Remedies: Nothing in this agreement shall constitute a limitation on the remedies
Page 3
/:3"/.:1
provided at law or equity. It is understood, agreed and acknowledged by
Property Owner that, upon failure of the Property Owner to perform the
Improvement Duty at the time and in the manner specified by this Agreement, the
City may, but is not required to, do any of the following:
1. Install or construct said improvements by contract or otherwise, and
permission is hereby granted to the City or its contractors and contractor's
employees to enter upon any portion or portions of said property
reasonably necessary for said construction, and the entire cost and expense
of said improvements shall be charged against said property and said cost
and expense shall be payable by Property Owner, his/her successors,
heirs, assigns or transferees, immediately upon completion of said
improvements, and in the event the same is not paid within thirty (30)
days, the City may foreclose on said lien, as provided by law for the
foreclosure of mortgages, and Property Owner agrees that the amount of
said lien includes attorneys' fees which shall be taxed as a cost in any suit .
or foreclosure.
2. Direct the City Engineer to estimate the cost of the work required to
complete said improvements, and foreclose said lien in said amount.
3. Foreclose said lien as a mortgage.
4. Pursue any other remedy, legal or equitable by law, for the foreclosure of
a lien, and Property Owner, his/her heirs and assigns, shall pay .
reasonable attorneys' fees and costs to be taxed as a cost in said
proceedings.
G. Covenant to Coo,perate in Improvement Petition: It is further understood and
agreed that Property Owner and/or his/her heirs, assignees or successors in
interest shall not protest any proceeding authorized under that chapter of Streets
and Highways Code, commencing at ~ 5000, et al. ("1911 Act Proceeding"), or
that chapter of said Code, commencing at ~ 7000, et al. ("1913 Act Proceeding")
to provide improvements that include any of the works of improvements for
which Property Owner is obligated as an Improvement Duty under this
Agreement.
Deferral No. PD----
I ~'/'1
Page 4
H. Miscellaneous Provisions:
1. Authority of City: Property Owner further agrees that, and agrees not to
protest the fact, that the City is vested with the authority to require the Property
Owner to perform the Improvement Duty forthwith.
2. Notices: Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement.
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile transmission shall
constitute personal delivery.
CITY OF CHULA VISTA
276 4th Ave.
Chula Vista, CA 92010
Attn: Public Works, Engineering Division
Property Owner
Chula Vista, Ca. 9191-
(A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph. Facsimile transmission shall constitute personal delivery).
3. Captions: Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
4. Entire A~reement: This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of no
force and effect.
5. Preoaration of A~reement: No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
Deferral No. PD--
13'1->
Page S
,.
6. Recitals: Exhibits: Any recitals set forth above are incorporated by reference
into this Agreement.
7. Attorneys' Fees: In the event of any dispute arising as to the enforcement of
an obligation created by this Agreement, but not as to any dispute arising as to
a claim or defense of the validity of this Agreement, the prevailing party in any
action shall be entitled to reasonable attorneys' fees in addition to any other costs,
damages, or remedies.
(End of Page. Next Page is Signature Page.)
Deferral No. PD---
13"'/~
Page 6
i
.
SIGNATURE PAGE FOR
DEFERRAL AND LIEN AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fIrst hereinabove set forth.
CITY OF CHULA VISTA
DATED:
BY:
CLIFFORD L. SWANSON, DEPUTY PUBLIC
WORKS DIRECTOR/CITY ENGINEER
Attest:
BEVERLY A. AUTHELET
CITY CLERK
Approved as to form:
BRUCE M. BOOGAARD
CITY ATTORNEY
PROPERTY OWNER(S)
DATED:
DATED:
(Attach notary acknowledgment for all signatories.)
NOTES: a. Each owner as reflected on the preliminary title report must sign.
b. Permittee is to submit a check or money order payable to County of San Diego
in the amount of $ for recordation of this agreement.
Deferral No. PD----
Page 7
13"'/7
.
.
.
.
January 28, 1993
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manaye~
February 2, 1993 Agenda Item 15-b thru 15-1
In connection with Agenda Items 15b thru 151 on the February 2, 1993 agenda
related to development processing, the following information is offered from
staff for your consideration.
15b. Local Coastal Permit Revision Ordinance: review of local coastal
ordinance to give the City the maximum level of possible coastal
permitting authority so as to limit the number and scope of items to be
given secondary review by the State.
Staff Comment
Even though it is our perception that the Coastal staff is attempting to limit
local decision-making even more than it is now, and expand the secondary review
by the State, staff is prepared to work with the City Attorney and the Coastal
Commission staff to evaluate potential for pursuing greater local latitude in
approving Coastal Development permits.
RECOMMENDATION:
That the City Council direct that staff work with the City Attorney and the
Coastal Commission staff to maximize the level of coastal permitting authority
by the City.
15c. CEQA training for members of the Council, staff, Planning Commission,
Resource Conservation Commission and the public
Staff Comment
By way of CEQA training of staff, the City Attorney's Office recently sponsored
a one-day CEQA panel of experts from the firm of Remy Thomas. Also, the Planning
Department provides training for all new Planning Commissioners taking office and
about once a year holds a CEQA workshop for the entire Planning Commission. The
last Planning Commission CEQA workshop was a hands-on process, where
Commissioners worked through a specific CEQA scenario, including filling out
forms, etc. It is understood that another workshop is planned in the next few
months. Perhaps the training provided the Planning Commission could be expanded
to include the City Council and the Resource Conservation Commission.
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In addition to the above, a Statewide CEQA conference is being held in San Diego
this Spring and is available to all interested parties. The City's CEQA staff
will be attend i ng, and perhaps attendance by interested members of the City
Council and City Commissions could also be arranged. Also, the Attorney's Office
could contact Remy Thomas to see if they would be willing to provide additional
training that would be available to members of the Council and Commissions in
addition to staff training.
RECOMMENDATION:
It is recommended that consideration be given to expanding the annual Planning
Commission workshop to include the City Counc;l and the Resource Conservation
Commission, as well as other interested members of Boards and Commissions. It
is further recommended that the City Council provide any direction appropriate
regarding any Councilmembers who may wish to attend a Statewide CEQA Conference
to be held in San Diego this Spring.
ISd. Resolution Procedure for Interdepartmental Conflicts on Projects. A
policy to require that any time representatives of two or more City
departments are not able to immediately determine which department has
jurisdiction over an application or project, the difference of opinion
would be immediately submitted to the City Manager or his designee who
would be responsible for resolving it promptly.
Staff Comment
The EDC's recommendations address the issue of interdepartmental "conflict" in
several ways. Whi le these recommendations may not specifically address the
concern represented in this item, at least for your information these
recommendations include the followir.g:
a. That either the Assistant City Manager or one of the Deputy City Managers
would be designated as a project review ombudsman. This would enable an
issue of conflict between the department and an applicant, or between two
departments and an applicant to be resolved quickly informally. This has
been done but needs to be formalized and publicized so that applicants are
aware of thi~ avenue for project resolution. It should be also pointed
out, however, conflicts can and should be resolved by supervisors of the
affected staff or their department heads. Many times an item may come to
the Mayor, members of the City Council, or the City Manager before a
department head is even aWl're that there is a problem and has an
opportunity to resolve it, which they are very capable of doing.
b. Currently the City has a project manager system with one person being
designated as a point person to coordinate a project intra and
interdepartmentally. Staff should work to optimize this system.
c.
The City also has an interdepartmental review process by way of weekly
meetings of the top managers of the departments involved with development,
plus Finance and Parks & Recreation. The purpose of these weekly meetings
is to identify current and prospective issues which will require
interdepartmental coordination and review.
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d. The EDC has recommended that interdepartmental training workshops be held
to enhance coordination by clarifying policies and procedures.
RECOMMENDATION:
It is recommended that:
a. The City Council adopt a policy that requires that if two or more City
departments cannot determine which department has jurisdiction over an
application or project, and the jurisdictional issue has not been resolved
by the heads of those departments, the difference be immediately submitted
to the City Manager or his designee, who woulo be responsible for
resolving it promptly.
b. The project manager system be optimized.
c. Interdepartmental training workshops be held to enhance coordination by
clarifying policies and procedures among development services departments.
lSe. Direction to staff to provide cross training of staff so that a single
person can coordinate the handling of an entire project application.
Staff Comment
Perhaps the intent of this proposal can be clarified. . Generally, however, given
the intricacies of the planning, zoning and design review ordinances, as well as
engineering and building code issues which are each very complex, it is probably
not realistic that a single person can be cros~.trained to the extent they can
handle an entire project application. Perhaps by setting certain specific areas
for this type of review, plus the use of the project manager system, the project
review process and the interdepartmental training discussed above can address at
least some of the concerns inherent in this item. I know this perspective is
shared by at least one member of the EDC.
RECOMMENDATION:
That staff be directed, in cooperation with the EDC, to take necessary steps to
simplify the processing of project applications, including the use of a project
manager where appropriate.
lSf. Direct staff to diagram a simple flow chart of the planning and
application process and to make this flow chart readily available for use
by the public and the applicant.
Staff Comment
Attached are two flow charts that show in the simplest terms the process a
project follows when it is in a redevelopment project area and when it is outside
a project area. The EDC has recommended that brochures be prepared for each
development department. These are being prepared by the Public Information
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Office in conjunction with these departments. To date, the Building & Housing
brochure has been completed (see attached). A business license and a community
appearance brochure are underway. In the near future, it is anticipated the
Planning Oepartment wi 11 prepare one or more brochures that wi 11 include a
processing flow chart for their applications.
RECOMMENDATION:
That the City Council endorse the EDC recommendation that brochures be prepared
for each development department and that staff be encouraged to facilitate the
brochures and flow charts currently being prepared.
15g. Direction to staff to prepare an ordinance and bring to Council next month
giving a project applicant in a situation requiring a decision by the
Zoning Administrator the option to bypass the Zoning Administrator and go
straight to a Planning Commission hearing with the Zoning Administrator
rendering an advisory opinion at the Planning Commission hearing.
Staff Comment
Staff already offers an applicant the option to bypass the Zoning Administrator
and go directly to the Planning Commission. Oftentimes, however, the applicant
finds that using the Zoning Administrator is a quicker process than going to the
Planning Commission. In any event, this option is available even though it has
not been codified. Staff certainly can formalize this in an ordinance and bring
it back to the City Council next month.
RECOMMENDATION
That City Council direct the City Attorney to prepare an o~dinance that provides
an app 1 i cant the opt ion to bypass the Zon i ng Admini strator and take .the i r
application directly to the Planning Commission for hearing.
ISh. Direction to staff to prepare and bring to Council next month an ordinance
making it a misdemeanor for a building field inspector to change or alter
previously ~pproved plans except for public safety reasons.
151. Direction to staff to modify the job description of building field
inspectors and to explicitly advise building field inspectors to their
responsibility to stick to previously approved plans except when public
safety dictates otherwise.
15j. Direction to staff to specifically advise building field inspectors of the
legal and potential job action consequences of acting beyond their
authority, and to provide a copy of the advertisement as an information
item to the Council.
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Staff Comment
To staff's knowledge, there have been no complaints regarding field inspectors
misusing their discretion and authority in the field, and if there is a change
in the previously approved plans because of a mistake in plan check, they only
do so for health and public safety reasons, along with citing the Code section
supporting the change. The Building & Housing Director checked with Ian Gill of
Starboard regarding the Rohr project and Ian did not recall any problems or
situations where building field inspectors misused their authority on the Rohr
project. (See also Art Sellgren's January II, 1993 letter to Mayor Nader, and
William Tuscher's January 22, 1993 letter to Ken Lee, which are attached.)
In any case, and as you know from our previous discussion, AB 1236 (attached)
went into effect January I, 1993, and prevents a bu i ld ing inspector from impos i ng
a new or modified building requirement different from those specified in the
plans and specifications unless it is necessary to correct a violation of the
governing code or standard and to protect the public health and safety; or the
plans and specifications do not reference the requirement or were not in
sufficient detail; or there is a deviation, addition or deletion from the plan;
or modifications to the plan by the permittee, etc. It further provides that if
a building inspector requires a new or modified building requirement in the
field, the inspector within 48 hours of ordering the requirement, shall provide
the permittee in writing on a" form prescribed by, in this case the City, a
description of the specific threat to public health and safety"and the section
of the appl icable building code or standard that has been violated or not
compl ied with, and the interpretations and reasons for differing from the
approved plans and specifications. In connection with this part of the law, our
City inspectors have been instructed to do this immediately, and not wait for 48
hours.
The Building & Housing Director indicates that City staff already conforms with
AB 1236 and that bui lding inspectors are directed not to change or alter
previously approved plans except for health and safety reasons and also to
immediately cite the code section and give the reason for the change. Training
has already been provided for these field inspectors.
One of the changes Art Sellgren suggested was that if there is a change made in
the field by an inspector which is not agreeable to the permittee, then the
permittee should have the right to appeal the field inspector decision to the
Director of Building & Housing and the Assistant City Manager, acting as an
ombudsman who shall render a decision based on evidence submitted within five
working days. This may be disadvantageous to the permittee in a sense that
normally the inspections are done during the course of construction and such a
delay may slow down construction of a building. On the other hand, this is a
choice that the permittee would need to make. In any case, I don't really see
a problem with a process where a decision of the field inspector could be
appealed, although I would suggest that it would be quite adequate to have that
appeal reviewed and determined by the Director of Building & Housing.
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RECOMMENDA TJ ON:
Direct staff to formalize and provide information to applicants on a process for
the applicant to appeal the field inspector's decision to the Director of
Building and Housing, and/or the Assistant City Manager.
15k. Modify the Economic Development Commission work plan to assign "high
priority" to the review of the administration of the CUP process.
Staff Comment
The EDC assigned a "medium priority" to the review of the administration of the
CUP process. Whether or not it should be placed as a "high priority" is
obviously a decision to be made by the Council.
151. Direction to staff regarding consideration of rezoning of industrial land.
Staff Comment
Except for the negotiations surrounding the recently approved Power Center, I am
unaware of any staff negotiations regarding the rezoning of industrial land.
Council needs to be assured that if any effort were to be considered to negotiate
for the rezoning of industrial land, it would be brought to the Council first.
Indicating this as Council policy would seem to be appropriate and consistent
with current practice. The only caution is that such a policy should not imply
that staff would not be precluded from answering General Plan, zoning and other
land use inquiries about industrial property, including possible rezones, fro~
businesses in or outside of Chula Vista. Otherwise, the ability of staff to
conduct routine business (answering inquiries) would be hampered.
RECOMMENDATION:
Establish the policy of the Council that no negotiation for the rezoning of
industrial property should occur without authorization first being obtained from
the City Council.
JDG:mab
Attachments
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DODD
DODD
RDHR
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ROHR, INC.
POST OFFICE BOX B78
CHULA VISTA. CALIFORNIA 91912.{)878
(619) ~91-4111 . TELEX, 69-5038
January 11, 1993
Tim Nader, Mayor
City of Chula Vista
276 Fourth Ave
Chula Vista, Ca. 91910
Ref. Your letter of December 22, 1992.
Dear Mayor Nader,
Thank you for your referenced letter. The following are my "redlined" comments.
I. Local Coastal Permit Revision Ordinance:
Review oflocal coastal ordinance to give the City the Maximum level of possible
coastal permitting authority so as to limit the number and scope of items to be given
secondary review by the State.
2. CEQA training for members of the City Council, staff, Planning Commission, Resource
Conservation Commission and the public.
3. Resolution Procedure ofInterdepartmental Conflicts on Projects. A policy to require
that any time representatives of two of more city departments are not able to immediately
determine which department has jurisdiction over an application or project or issue
associated with a project, the difference of opinion would be immediately submitted to
the City }.IMager ar his eesigBee wallie be resllallsible fer resabillg it flraffilltly Assistant
City Manager acting as an "Ombudsman" (or prompt resolution.
4. Dire;;tion to s.atT to provide cross training of staff so that a single person can
coordinate the handling of an entire project application. Also resolve which departments
have the lead responsibility (or bandling tbe processing (i.e. Community
Development or Planning ).
5. Direct staff to diagram 8 simple flow charts sbowing tbe different types of the
planning and application processes and to make tilts tbese flow charts readily available for
use by the public and applicant.
6. Direction to staff to prepare an ordinance and bring to Council next month giving a
project applicant in a situation requiring a decision by the Zoning Administrator the option
to bypass the Zoning Administrator and go straight to a Planning Commission hearing
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with the Zoning Administrator rendering an advisory opinion at the Planning Commission
hearing.
7. DireetieR t8 staff t8 preJ:'afe and hFiftg t8 CetlReil Rent lRaRta an eraiRanee malaAg it a
!l1isEieRuwmsr fer a tn:lihliRg field iRspeeter Ie shange af alter Jne-Jistlsly &pJlreved plans
elIeeJlt far Jllllllie 5lIfely rell5BlI5.
Direction to stafT to modify policy and procedures to provide that in the event that a
field inspector requires a field change in the previously approved and permitted
plans which is not agreeable to the permittee, then the permittee shall have the right
to appeal the field inspectors decision to the Director of Building and Housing and
the Assistant City Manager acting as an "Ombudsman" who shall render a decision
based on evidence submitted within 5 working days. Direction is also to be given to
stafT to review the total number of appeals attributable to each field inspector
annually with each department head and their validity shall be part of the basis of
the individual's performance review.
8. Direction to staff to lIlallify the jelllleseFiJ:ltiall arthe Illlilllillg Helll iasJleeters &1\11 te
explicitly advise the building field inspectors of their level of authority and their
responsibility to stick to previously approved plans except when public safety dictates
otherwise.
.
9. Direction to staff'to specifically advise building field inspectors of the legal and
potential job action consequences of action beyond their authority, and to provide a copy
of the advertisement as an information item to Council.
10. Direct staff to prepare and bring to Council an ordinance requiring advisory
commissions with authority to review a project to make their recommendations within a
fixed time line; staff to give said commissions an opportunity for input before bringing the
item to Council. If commissions do not respond within the fixed time line, the project
will be deemed approved by the Commission.
11. ModifY the Economic Development Commission work plan to assign "high priority"
to the review of the administration of the CUP process.
Thank you for the opportunity to provide my comments. I appreciate the time you are
dedicating to helping improve the City's processes.
Sincerely, ~
Arthur O. Sellgren
Director, Corporate Real Estate and Development
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r~:OOAM FR)M GRUaULLIS COMPANY
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Grubb6Ellis
MEMORANDUM
TO:
FROM:
RE:
DATE:
Ken Lee/Chule Vista City Planning
William Tuchscher iP
Mayor Nader's Proposals Regarding Building Inspectors
January 22, 1993
The purpose of this memorandum is to clarify my position relative to the proposals
being made by Mayor Nader to streamline the building permit process, and specifically
in reference to his ideas regarding building inspector field activities.
'.
An issue has been raised that building inspectors may often change construction
specifications while in the field even though plans have already been approved and
meet cIty codes. I have no knowledge of spacific circumstances in which this has
occurred. I would be surprised, if in fact this does occur, that it Mappens more than
a very small percentage of the time and is perhaps justifiable by the circumstances at
hand.
The concept of raising this issue end making sure this is not prevalent is in fact what
I endorse.
It is my feeling that Mayor Nader's proposal may be going too far, and that staff's
response to his proposals will lead to a heightened senSitivity to this issue, but
perhaps no formal changes to procedure, pOlicy or ordinance need to be instituted.
Further, It Is my assumption on this particular issue that the city attorney and
personnel departments will also have much concern with the legal ramifications
associated with Mayor Nader's idea that building inspector actions could be punishable
by law.
Other issues referenced in Mayor Nader's memorandum do not seem to be in conflict
with the Economic Development Commission's previous efforts to streamline the
planning and permitting process. However, the Commission has expressed some
concern about redundancy In Mayor Nader's proposal. The Commission is hopeful that
staff will be given the latitude and time to implement the streamlining actions
previously proposed. It is our hope that after implementation an evaluation will Occur
and progress will be monitored.
I hope that this clarifies my POsition relative to these issues. Should you have any
further queltlonl, please do not hesitate to contact me.
J'>: 'j
CC: Ken Larson. I;)lrector of Building and Housing
lInl"''''' &. ElIl) C~''''~'H:''_'. 1....__._
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1"1-1"2 REGULAR SESSION
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cial iMtitution from which the board (in conaidel'lltion thereof) purchases other s
in tments. In computing the amount of investment pursuant to this section, the ud
may ect to include the dollar amount of commitmentll to purchase mon,ag from
public venue bond programl in the year the commitment is given. Hower, that
election not exceed one-fifth of the totll1llUideline amuunt.
Nothing ia section shall be constrUed to require the acquisition uf
or security at .. than the market rate.
If the board rmines during any fiacal year that compliance w' this section will
result in lower ove I earnings for the fund than obtainable from mative investment
opportunities that wo d provide equal. or superillr.aecunty,)Qc .1 guarantee of yield,
the board may substi thOle higher yielding inV<!stmen , to. the extent actually
available for acquiaition, the investmenta otherwise spe . ied by thia section. Addi.
tionally, if (and to the ute that) adherence to the dive ication guideline specified in
thia section would conmct wi 'ta fiduciary obligations' violation of Section 9 of Article
I of the California Constitution Section 10 of Arti I of the 1.:nited States Constitu.
tion, or would conmet with the s ard for prude investment of the fund set forth in
Section 17 of Article XVI of the Iifomia stitution, the board may substitute
alternative investmenta. In that cas , the b rd shall estimste the amount of funds
available for investment in substitute ai n ve investments and the amount of funds
tnveste unuant to e lI'St ara ra 0 IS sectton an s a su mlt lta relo utlon 0
1ft mgs an etermmatlOns, toge er w\ a CrlptJon 0 the type, quantity, snd yield of
the investments substituted, to the G emor a to the Joint Legislative Audit Commit.
tee within 20 days following the con usion of the . eal year. Within 30 days thereafter,
the Joint Legislative Audit Com . e shall transml he Auditor General's report to the
Speaker of the ASSembLY and the Senate Rules Co Ittee for transmittal to affected
policy committees.
. . .
The board u n de inin the final amount of funds li.ble for investment in
IU stitute a ternat1ve nvestments an t e esumate amount 0 n S Investe ursuant
to t e ll'St ara 0 IS sectIon & a au mit t at an ormatlo to t e overnor an
e omt is ve U It mmittee. erea tar t e omt is Ive U it mmtt.
tee s a trans It e re ort 0 t e Au ltor enera to t e ea er 0 e Assem an
e enate mmlttee on u el or transmltta to tea eete 0 committees.
SEC. . This act ia an urgency statute necessary for the immediate P ervation of
the pu c peaco, health, or safety within toe meaning of Article IV of the stitution
and all go into immediate effect. .t/1' f"!4J~\l.i.Iitu~~~$~is~,~rr".
order for ellential public retiremenHund investmeni ''S'iandards to be main
ia act must take effect immediately.
REAL PROPERTY-LAND USE-PLANS AND SPECIFICATIONS
CHAPTER 641
A.B. No. 1236
AN Acr 10 odd Chapter II (commencln, With Sectlon \t11O) '10 PUt 3 or DI.lllon 13 or thl
RoUth .... Wet)' Code. rolaUn, 10 Ian. UN.
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[Approved b1 Govlmor AUJUlt 22, li92.]
[Filed with Secretary of State Aurust 24, 1992.]
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LEGISLATIVE COUNSEL'S DIGEST
AB 1236, MoUftijoy. Land use' approval of plans and lpecifications...
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Ch. 541
STATUTES OF 1992
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Existing law prohibita. under .certainconditions. imposition of additional conditionl
following. among other things. 'approval or conditional approval of a tentative mlp for a
subdivision of single or multiple family residential unita. Exilting law makes exception
from thil prohibition IInder lpecified conditionl. ,
This bill would prohibit the enforcement agency of any city. county. or city and county
from requirini . new or modified buildini requirement different from thO" lpecified in
the plans snd specifications, as defined, approved durini plan checking functions for
which a building permit is issued unless any of specified conditions apply.
This bill would authorize a local enfo",ement agency, as defined, to require a permittee.
as a condition of receiving a building permit. to participate in a preconstruction conference
to review the plans and specifications for consistency of building code interpretations and
adequacy and sufficiency of building plan detaill.
The requirementa of the bill would impose a state-mandated local procram upon local
public aiencies.
The California Constitution requires the state to reimburse local agencies and school
districta for certain costs mandated by the state. Statutory provisions establish proce-
dures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified
reaso~..._..;.;...~ ._ . -.,i'-'''!. .-..;:..:......
The people of the State of California do enc.ct '" fo//oll":
SECTION 1. Chapter 11 (commencing with Section 19870) is added to Part 3 of
Division 13 of the Health and Safety Code, to read:
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CKAI"TtR 11. Pt.A~S A~D ~PECmCATlO~S FOR DEVELOPMENT
19870. (a) As a result of construction inspection, an enforcement agency ahall not
impose a new or modified buildini requirement different from those apecified in the plans
and specifications approved during plan checking functions for which a building permit is
issued. unless any of the following apply:
(1) The requirement is necessary to correct a violation of the governing code or
standard and to protect the public health or safety.
(2) The plans and specifications did not reference the requirement or were not in
sufficient detail. . .
(3) There is a deviation, addition. or deletion from the plan.
(4) There are modifications to the plan by the permittee.
(5) The permit is deemed expired because the building or work authorized by the permit
is not commenced within 180 days from the date of the permit, or the permittee has
suspended or abandoned the work authorized by the permit at any time after the work is
commenced.
(6) The permit is deemed suspended or revoked pursuant to subdivision (e) of Section
303 of the 1991 Uniform Buildini Code.
(b) As used in this chapter: . .
(l) "Building' requirement" means a Duildiliiitaildard as defined in Section 18909. or
other standard adopted by a local aiency pursuant to Section 17958 or aubdivision (c) of
Section 18941.5. that was effective on the date of the application for the blli1dini permit.
(2) "Enforcement aiency" meani any department of a local aiency that has the
authority to illspect a construction or renovation project and enforce health. ..fety. or
buildini codes includini, but not limited to, the buildini department or blli1ding division.
the fire department or (11'8 district, and the liealth department. .
(3) "Local aiency" meana a city. county. or city and county.
(4) "Plans and specificationa" mean the plana, drawinp, and specifications for a
construction or renovation project. for which a buildini permit was issued. which relatea
1722 AdcIIItoOI If ........ 'oollcllld .., ......'111; --.., ......... . . .
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1991-1"2 REGULAR SESSION
Ch. 541
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to buildinp classified for occupancy as . building of Group A, B, and R.I, pUfluanlto the
1991,' Edition of the Uniform Suildinl Code of the lotemational Conference of Suildini
Officiall. .- .
(5) "Suildini inspector" means any employee of an enforeement agency who performs
inspectiona of a construction or renovation project for the purpose of assurini compliance
with adopted uniform buildini cod.. and standar&. '
(6) "Supervisor" means any employee of any enforeement agency to whom a building
inspectorreporta and who is responsible for reviewing a buildini inspector's project
approvall or deniall or modification ordefl.
(c) (1) If an enforcement aiency requires that a new or modified buildini requirement
be met pu"uant to the condition set forth in parairaph (1) of subdivision (a), the buildini
inspector, within 48 hou" of ordering the requirement shall provide the permittee, in
writing on a form prescribed by the enforeement agency, a description of the specific
threat to public health and safety and the section of the applicable building code or
standard that has been violated or not complied with, and the interpretations and reasons
for differini from the approved plans and specifications.
(2) If an enforeement agency requires that a new or modified building requirement be
met pu"uant to the condition set forth in paragraph (2) of subdivision (a), the building
inspector, within 48 hou" of ordering the requirement, shall provide the permittee, in
writing on a form prescribed by the enforcement aiency, the applicable buildini code or
standard that has been violated or not complied with, and a description of how that
requirement is applicable and necessary to the construction or renovation project for
which the buildini permit is issued.
(3) If an enforeement agency requires that a new or modified building requirement be
met pursuant to the condition set forth in paragrapn (3) or (4) of subdivision (a), the
building inspector, within 48 hou" of ordering the requirement, shall provide the
permittee, in writing on a form prescribed by the e"forcement agency, the applicable
building code or standard that has been violated or not complied with, and the deviations,
sdditions, or deletions from, or the modifications to, the plan, as the case may be, which
resulta in a, violation or noncompliance with an applicable building code or standard.
(d) If an' enforcement aiency requires anew or mQdified building requirement that
resulta in a cumulative increase in the overall cost of the construction or renovation
project of 10 pereent or more, all findings made by a building inspector pursuant to
subdivision (e) shall be reviewed and approved in writing by the supervisor of the
conatruction inspector within five working days of the order for a new or modified
buildini requirement. No certificate of .occupancy ~y be denied if the findings of a
construction auperviaor are not sO approved. ' , ',' .
(e) A copy of all findings made by the building inspector pursuant to subdivision (c)
ahall be sent to the department within the local agency that is responsible for reviewing
and approving the plana and apecifications during the plan checking functions for which
the buildini permit is wued. .
(f) Compliance with subdiviaions (c) and (d) shall not be required if, at the time an
enforcement aiency imposea a new or modified building requirement, the building
inspector, the buildini inapector's supervisor, and the permittee consult with one another
within 48 houri of impoaini the requirement, and the permittee agrees with the enforce-
ment aiency'a order.
19872. (a) An enforeement agency may require as a condition of receiving a buildini
permit, that a permittee participate in a preconatruction conference prior to completion of
plan checking of the permittee's submitted plana and apecifications for the purpose of
reviewing the plana to ensure conaiatency of building code interpretations, and adequacy
and sufficiency of plan detaila.
(b) If an enforcement agency requires a preconstruction conference, that enforcement
agency shall request the participation of any other appropriate enforeement agencies of
the I~ aiency who may inspect a conatr"ction or .~~vation project..-
I PunetuatioD as in enrolled bill.
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Ch. 541
STATUTES OF 1"2
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(c) An tnforcementagen~y inaYrell.,\i~ '!,he permittee to maintain at the aite of the
construction or renovation project, a'lit of'plana 'and specifications that reflect any pointl
of discussion, understandings, ipd alf"emenp.:derivld from the preeonstruetion confer-
ence. '". . .... .:~. ":'}1 '... ;~':;'.~r.~;.:':.":"
SEC, 2, No reimbursement is required-by,_this act pursuant to Section 6 of Article
XIII B of the California Constitution because the local agency or school district has the
suthority to levy serVice charges, fees, or lISIesarnentlsufficient to pay for the prognm
or level of service mandated by this act, Notwithatanding Section 17580 of the Govern-
ment Code, unleu otherwise specifild in thia act, the proviaiona of thia act shall becoml
operative on the same date that the act tlkes effect pursuant to the California Constitu-
tion.
COMMERCIAL LAW-UNFAIR TRADE PRACfICE8-
CELL1:LAR TELEPHONE SALES
CHAPTER 542
A,B, -No,' 275 '
A~ A to add Section 17026,1 10 Ih. BUlln.u and I'1'of.ulonl Cod., ",I
pne el.
[Apr",ved by Governor A_lIllt 22, 1992,]
[Fil.d with Secretory of Stolt A_1Il11 24, 2,]
, LEGISLATIVE CpUNSEL'S D1
AB 27r Connelly, Unfair trade practices:-,retail c missions,
Existing provisions 0 he Unfair Practices Act pr ibit any person engaged in business
within tilis state from selling any artiele or prod at leas than the cost thereof, for the
purpose of injuring competi\on or destroying c petition. The term "cost" is defined for
these purposes. Existing I~ also provides at where the secret payment of commis-
sions or rebates to certain pu~asers and t to all purchasers injurls competitors and
destroys competition, it is unla~1.
This bill would provide that ,I.tw' standing thl definition of "cost" in the act,
commissions or rebates regularly e' ed by the retailers of cellular telephones may be
used to reduce cost not to exceed iteater of 10~ of cost, as defined, or $20. This bill
would allow providers of cellu serv"'s to sell, in specified circumstances, cellular
telephones below cost. ~
This bill would require al ellular telepho retailers to post signs located at the point
of purchase, containing specified notice,' ,is bill would provide that a retaillr of
cellular telephonea shal at refulI to sell a cellar telephonl to any euatomlr based on
the cu~tomer's refus activate the telephone ~~h a specified provider.
The bill would te that it does not affect ~authority of the Public Utilitiea
Commission to r late the payment of commiuiona rebates to diatn'butors or vendors
of cellular tel ones.
This bill uld becoml operative on January 1, 1994'~
The opl. o[ t/o. St4te o[ California do .nllCt IU [olio .
S ION 1. Section'17026.1 ia added to the Business and fl..iona Code, to read:
7026.1. (a) (1) Notwithstanding the,,'provisions of Slction 026, commiasiona or
rebates regularly earned by 'the retailers of cellular telephones be used to reduce
cost, provided, that in no eVlnt shall 'the ..eduction exceed the grea of the following:
(A) Ten percent of cost, as defined in 'Section 17026.
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