HomeMy WebLinkAboutAgenda Packet 1993/01/12
IIJ declare under penalty of perjury ~at 1 am
employed by the City of Chula Vista in the
Q,lice of the City Clerk and that I posted
t.,;s A_-:on :~INotico on the Bulletin Board at
oI-he...LI1.... ~',.,<.v'(.CG Du'L~inc1 and at Ci~ Hall on
;';'"E', 7(1'6?:' S:G:J~\I...'>~ ..
Tuesday, January 12, 1993 -- ' --.- D
6:00 p.m.
Council Chambers
Public Services Building
Rel!Ular Meetin~ of the City of Chula Vista City Council
CALL TO ORDER
Councilmembers Fox -' Horton -' Moore _' Rindone _, and Mayor
Nader _
1.
ROlL CALL:
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3, APPROVAL OF MlNlITES: January 5,1993
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Eloy Villa - Civil Service Commission.
CONSENT CALENDAR
(Items 5 through 13)
The staff recommendations regarding W following items listed under W Consent Calendor will be e1UlCWi by W
CoundI by one motion without discussion unless a Councilmember, a member of W public or CilJI staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please ft1l out a "Requut to
Speak Form" available in W lobby and submit it to w CilJI Clerk prior to the meeting. (Complete W green form
to speak in favor of W staff recommendation; complete W pink form to speak in opposition to w staff
reco1ll11lellllmion) Items pulled from W Consent Calendar will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by W public will be W first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting Council direct staff to provide the status of the proposed "incompanble
activities code" or allow the Board of Ethics to calendar their revised code of ethics during
January 1993 - Jerry W. McNutt, 522 Tallow Court, Chula Vista, CA 91911-5636.
6. RESOLUTION 16949 ADOPTING THE INCOMPATIBLE ACTIVITIES CODE FOR THE CI1Y OF
CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA - Pursuant to Council direction, staff has developed, and all
bargaining units have agreed, to an incompatible activities code which
applies to all employees and officers of the City. Staff recommends
approval of the resolution. (Director of Personnel)
7. RESOLUTION 16950 REVISING THE EXECUTIVE SALARY BANDS FOR FISCAL YEAR 1992-93 -
Staff recommends approval of the resolution. (Administration)
8. RESOLUTION 16951 APPROVING SUBCONTRACT AGREEMENT WITH THE COUNTY OF SAN
DIEGO TO PERFORM TASKS FOR THE CITY'S HOUSEHOlD HAZARDOUS
WASTE EDUCATION PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXERCISE THE OPTION TO EXTEND THE SUBCONTRACT AS DEEMED
APPROPRIATE - In July, 1992, Council approved acceptance of a $25,050
grant to develop a household hazardous waste education project. The
Agenda
-2-
January 12, 1993
resolution will approve a subcontract with the Counry of San Diego
Department of Health Services, Household Hazardous Materials
Management Program to perform tasks originally planned in the grant and
not able to be completed by City staff. Staff recommends approval of the
resolution. (Administration)
9.A. RESOLUTION 16952 ACCEPTING A COUN1Y OF SAN DIEGO TECHNICAL ASSISTANCE
PROGRAM GRANT TO EXPAND CHULA VISTA'S BUSINESS RECYCLING
OUTREAQ-I PROJECT AND AUTHORIZING THE crrY MANAGER TO
EXECUTE A SERVICE AGREEMENT Willi THE COUN1Y OF SAN DIEGO -
The grant will allow the City to expand its business Recycling Outreach
Project to assist all businesses required to recycle under the mandatory
recycling ordinance, promote retail, school and recreational area recycling,
and expand the waste exchange project. Staff recommends approval of the
resolutions. (Administration)
B. RESOLUTION 16953 AMENDING FISCAL YEAR 1993-93 BUDGET TO ADD A TEMPORARY,
PART-TIME POSITION IN UNCLASSIFIED SERVICE IN THE WASTE
MANAGEMENT PROGRAM AND APPROPRIATING FUNDS THEREFORE -
4/5th's vote required.
10. RESOLUTION 16954 APPROPRIATING FUNDS FOR THE PURrnASE OF ALERT/WARNING
PAGING EQUIPMENT UNDER A GRANT RECEIVED BY THE crrY - The
Fire Department (Disaster Services Office) requests the appropriation of
funds to purchase radio receivers for disaster alert notification. The funds
will be totally reimbursed to the City with Federal grant funds. Staff
recommends approval of the resolution. (Fire Chief) 4/5th's vote required.
11. RESOLUTION 16955 APPROVING AGREEMENT Willi THE SWEETWATER UNION HIGH
SQ-IOOL DISTRICT PROVIDING FOR MASS FEEDING OF crrY WORKERS
DURING A MAJOR EMERGENCY OR DISASTER - The City's Disaster
Services Office desires to enter into an agreement with the Sweetwater
Union High School District to have them provide meals to City disaster
workers during a major emergency or disaster. Staff recommends approval
of the resolution. (Fire Chief)
12. RESOLUTION 16956 AMENDING THE SWEETWATER PARK PROJECT AGREEMENT Willi THE
STATE OF CAIJFORNIA - In 1984, San Diego Counry transferred
Sweetwater Park to the City as part of a court settlement. The grant
agreement which indicates who will operate and maintain the parkland
was never amended to provide for the new ownership. Staff recommends
approval of the resolution. (Director of Parks and Recreation)
13.A. REPORT REQUEST FOR APPROVAL TO UTIIJZE PARKS AND RECREATION
DEPARTMENT TRUST FUNDS FOR PURrnASING RECREATION AND
PARKS SUPPIJES AND EQUIPMENT UNDER A TRUST FUND
EXPENDITURE POIJCY - The Parks and Recreation Department is
requesting to use its Trust Funds to purchase needed equipment and
Agenda
-3-
January 12, 1993
supplies to support its programs for the community. In light of current and
future budget constraints, the Department must be innovative in managing
its resources. To this end, and as a result of Council direction in 1991, the
Department is in the process of structuring a Revenue Enhancement Plan
which would raise revenue for the Department and relieve the General
Fund from Department program expenditures. Staff recommends Council
accept the report and approve the resolution. (Director of Parks and
Recreation)
B. RESOLlTTION 16957 APPROPRIATING $21,300 FOR EXPENDITURE FOR SUPPUES AND
EQillPMENT AND AUTHORIZING TRANSFER OF PARKS AND
RECREATION TRUST FUNDS TO TIiE GENERAL FUND - 4/5th's vote
required.
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLlTTIONS AND ORDINANCES
The following iJems IuJve been advertised and/or posted as public hearings as required by law. [fyou wish to speak
to any item, p/eflse fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual.
14.
PUBUC HEARING
LOCAL CONSISTENCY CHECKlJST FOR TIiE REGIONAL GROwrH
MANAGEMENT STRATEGY AND CONGESTION MANAGEMENT PROGRAM
The "self certification" checklist was prepared by SANDAG to be used by
local and regional government agencies to evaluate consistency of their
general and community plans, policies, regulations, and ordinances with
the Regional Growth Management Strategy. Staff recommends approval
of the resolution. (Director of Planning)
RESOLlTTION 16958 TRANSMITTING TIiE LOCAL CONSISTENCY CHECKlJSf FOR TIiE
REGIONAL GROwrH MANAGEMENT PROGRAM
15.
PUBUC HEARING
PCM-93-07: CONSIDERATION TO CHANGE TIiE NAME OF OTAY LAKES
ROAD TO TELEGRAPH CANYON ROAD BE1WEENTIiE INTERSECTION OF
OTAYLAKES ROAD AND TELEGRAPH CANYON ROAD TO WOESTE ROAD
- CITY INITIATED - In July 1992, Council directed staff to proceed with the
renaming of the east/west segment of Otay Lakes Road (approximately 3.5
miles) to Telegraph Canyon Road.' Staff recommends approval of the
resolution. (Director of Planning)
RESOLlTTION 16959 APPROVING TIiE STREET NAME CHANGE FOR OTAY LAKES ROAD TO
TELEGRAPH CANYON ROAD BE1WEEN TIiE INTERSECTION OF OTAY
LAKES ROAD AND TELEGRAPH CANYON ROAD TO WOESTE ROAD
16.
PUBUC HEARING
PCS-93-03: CONSIDERATION OF TIiE TENTATIVE MAP, STATEMENT OF
OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING
PROGRAM, AND STREET NAMES FOR TELEGRAPH CANYON ESTATES -
BALDWIN VISTA ASSOCIATES - The applicant proposes to subdivide 112
acres of presently unincorporated property located on the north side of
Agenda
-4-
January 12,1993
Otay Lakes Road directly east of Otay Lakes Lodge mobile home park and
directly south of EastLake Shores. The proposal calls for 345 single family
lots, 2 recreation areas, and 4 open space lots containing over 26 acres.
Staff recommends the public hearing be continued to the 1/19/93 meeting.
(Director of Planning)
RESOLIYnON 16960 APPROVING TIlE TENTATIVE SUBDMSION MAP FOR TELEGRAPH
CANYON ESTATES, CHULA VISTA TRACf 93-03, AND MAKING TIlE
NECESSARY FINDINGS, AND READOPTING TIlE STATEMENf OF
OVERRIDING CONSIDERATIONS AND TIlE MITIGATION MONITORING
PROGRAM FOR TELEGRAPH CANYON ESTATES E1R 91"()5
ORAL COMMUNICATIONS
This is an opponunily for the general publiL: to address the city Council on any subject mJlt1er wilhin the Council's
jurisdU:tion that is not an item on this agenda. (State law, Iwwever, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish ta address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Contl7UJllii;ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those woo wish to speak, please give your name and address
for record purposes and fo/law up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whU:h have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendoJions may in certain cases be presented in the alternative. Those woo wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
17. RESOLIYnON 16961 EXPRESSING TIlE CITY'S PREFERENCE THAT TIlE TRANSFER OF JONES
CABLE INTERESTS IN TIlE CITY OF CHULA VISTA TO COX CABLE
SHOULD NOT OCCUR - Staff recommends approval of the resolution.
(Administration)
18. RESOLIYnON 16962 RESCINDING RESOLIYnON 15591 WHICH PROHIBITS ON-STREET
PARKING IN TIlE 400 BLOCK OF "L" STREET - On 3/17/92, Council
requested a six month evaluation report regarding the effectiveness of the
painted median island in place on "L" Street, keeping the westerly end open
allowing left turn access. Staff recommends approval of the resolution.
(Director of Public Works)
Agenda
-5-
January 12,1993
19.
REPORT
FLOORAREARATIO REQillREMENTS FOR SINGLE-FAMILY RESIDENTIAL
ZONES - Council requested that staff provide input as to whether the City's
existing Floor Area Ratio system is the best method to use regarding
requirements for single-family zones, what other alternatives exist, and
whether different FAR requirements should be imposed in older parts of
the Ciry. Staff recommends that Council direct staff to prepare an
amendment to the Municipal Code which would modify the Floor Area
Ratio requirement for single-family zones to exclude open patio covers, and
would provide for a "sliding.scale" FAR requirement in certain Planned
Communities. (Director of Planning)
ITEMS PULLED FROM TIiE CONSENT CALENDAR
This is the time the City Cowu:iI will discuss items whU:h have been removed from the Consent CaIeruJJu. Agenda
items puJlJ!d at the request of the pub/u; will be considered prior to those pulled by Counci1members. Public
comments are limited to five mi1wtes per individual
OTHER BUSINESS
20. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
21. MAYOR'S REPORT(S)
a. Report on vehicle usage.
b. Local Coastal Permit Revision Ordinance: review of local coastal ordinance to give the Ciry
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.
c. CEQA training for members of the Council, staff, Planning Commission, Resource
Conservation Commission, and the public.
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.
e. Direction to staff to provide cross training of staff so that a single person can coordinate the
handling of an entire project application.
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.
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
Agenda
-6-
January 12, 1993
the Zoning Administrator rendering an advisory opinion at the Planning Commission
hearing.
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.
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.
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.
k. 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.
1. Modify the Economic Development Commission work plan to assign "high priority" to the
review of the administration of the CUP process.
m. Deliberate on all aspects of the Bayfront LCP and LUP including but not limited to the City's
strategy, the City's presentation to the Coastal Commission, the official response to the
Coastal Commission staffs report, and any and all other matters relating to the submission
of the City's LCP and LUP to the Coastal Commission.
22. COUNCIL COMMENTS
Councilman Fox
a. Strategies for amacting environmentally sound businesses to Chula Vista. Continued from
the 1/5/93 meeting.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators re compensation for represented or unrepresented employees pursuant
to Government Code Section 54957.6
The meeting will adjourn to (a closed session and thence to) a Special City Council MeetingIWorksession
on Thursday, January 14, 1993 at 5:00 p.m. at the Emergency Command Center, thence to a Special City
Council Meeting on Friday, January 15, 1993 at 9:00 a.m. at the California Coastal Commission Meeting,
Holiday Inn - Bayview Plaza, 530 Pico Boulevard, Santa Monica, CA, and thence to the Regular City Council
Meeting on January 19,1993 at 6:00 p.m. in the City Council Chambers.
.
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RECEIVED
'92 IE 29 P12 X)6
A
CITY OF CHULA VISTA
GlTY CLERK'S OFFICE
'-5636
Honorable Mayor and City Council
City of Chula Vista
476 Fourth Avenue
Chula Vista, Ca 91910
Dear Mayor and City Council:
I bel ieve the Board of Ethics, Ci ty stc.ff, c.nd Ci ty Counc! I have
reached an impasse in their collective efforts to develop and adop:
a framework of standards and conduct that are incompatible wi th
responsible government. In April 1992, members of the Board voted
to submit a revised code of ethics to the City Council. In early
June 1992, the board agreed to delay submission of the revised code
to the Council with the understanding that the employee's
"incompatible activities code" was being finalized for submission
to the C it y Manager and hopeful 1 y approva 1 by the Ce.unc i I . In
October 1992, members of the Board of Ethics we~e again advised
that the "incompatible activities code" would be forwarded to the
Ce.unci I wi thin two weeks. To my knowledge, the incompat ibie
activities code has yet to be placed on the Council's agenda.
I am frustrated by the delay and disheartened that the Council has
not aspired to principles which would move us all closer to a goal
of realizing a society in which people act more ethically in thei~
personal and professional lives and where individuals and
institutions live up to their highest moral aspirations.
In vie~.of the above, I would ask that the Council direct staff to
provide the status of the proposed" incompatiable activi ties code"
or allow the Board of Ethics to calendar th ir revised code of
ethics during January 1993. Your assistance in this matter is
appreciated.
Jrz~.~~~/
Harriet Acton, Member, Board of Ethics
Leo Kelly, Member, Board of Ethics
Stephen Padilla. Member. Board of Ethics
Janet Richter, Member. Board of Ethics
Donald Swanson, Member. Board of Ethics
Susan Herney, Member. Board of Ethics
cc~~/";) WRlnEN COMMUNICATIONS
1f';P ~d ~ j/;~'?;>/1
So.. - )
COUNCIL AGENOA STATEMENT
ITEM
MEETING DATE
[p
/ /;2/4-.3
l (
ITEM TITLE: RESOLUTION /I./Z<li.dopting the Incompatible Activities Code for the
City of Chula Vista and the Redevelopment Agency of the City of Chula Vista.
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF PERSONNEL~
CITY MANAGER ~
(4/5th Vote: Yes__ NO~
,~~
RECOMMENDATION: Staff recommends the approval of the resolution. ~~~
"i.~ .
BOARD COMMISSION RECOMMENDATION: At its April 7, 1992 meeting ~nutes
attached, the Board of Ethics unanimously recommended adoption of an earlier
draft of the Code wi th amendments they suggested at that meeti ng. Thei r
suggestions have been incorporated in the proposed Code.
OISCUSSION: Pursuant to Council di rect i on and authori zed by Ca 1 Horn i a
Government Code 1126, staff has developed the proposed Incompatible Activities
Code for the City of Chula Vista and the Redevelopment Agency of the City of
Chul a Vi sta. Thi s code wi 11 apply to employees and offi cers and provi des general
prohi bi ti ons as we 11 as spec Hi c prohi bi ti ons for manageri a 1 employees and Pol i ce
Department employees (consistent with the existing Police Department manual).
As directed by Council in instructions to negotiators, the Personnel Director and
Assistant City Attorney met and conferred at great length with representatives
of LA.F.F., P.D.A., W.C.E., and C.V.E.A. and unrepresented employees and
provided numerous forums for employees and their representatives to ask questions
and provide feedback on the Code. While this admittedly extended the process
beyond what was originally anticipated the result is a Code that has the
acceptance of employees. This acceptance is critical to positive
emp 1 oyer/emp 1 oyee re 1 ati ons as we 11 as meani ngful enforcement of the Code itself.
Per Section V of the Code, those currently engaged in a outside activity for
compensation which may be considered incompatible by the Code must file an
application for determination within 30 days of the adoption of the Code.
FISCAL IMPACT: N/A
b -I
RESOLUTION NO. Ilc'N'{
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE INCOMPATIBLE
ACTIVITIES CODE FOR THE CITY OF CHULA VISTA
AND THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
WHEREAS, pursuant to Council direction on 4/7/92, staff
has developed the proposed Incompatible Activities Code for the
City of Chula vista and the Redevelopment Agency of the city of
Chula Vista; and
WHEREAS, this Code will apply to employees and officers
including members of Boards, Commissions, and Committees and
provides general prohibitions as well as specific prohibitions for
managerial employees and Police Department employees (consistent
with the existing Police Department manual); and
WHEREAS, as directed by Council in instructions to
negotiators, the Personnel Director and Assistant City Attorney met
and conferred at length with represented and unrepresented
employees to discuss the proposed Code; and
WHEREAS, the four represented bargaining groups of the
City of Chula vista (LA.F.F, P.O.A., C.V.E.A, and W.C.E) have
signed the Incompatible Activities Code; and
WHEREAS, additional meetings were held
Unrepresented, Mid-Management, and Executive groups and
of the Code was acknowledged by those groups; and
WHEREAS, per sectlOii-'v---o.t the Code, those currently
engaged in a outside activity for '~co~ensation which may be
considered incompatible by the Code must ~"an application for
determination within 30 days of the adoption ort-l:le"..code; and
with the
acceptance
WHEREAS, the Board of Ethics, at its meeting of April~7,
1992, recommended the adoption of the Incompatible Activities Code.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby adopt the Incompatible
Activities Code for the City of Chula vista and the Redevelopment
Agency of the city of Chula vista, as set forth in t attached
Exhibit "A".
Presented by
Candy Boshell, Director of
Personnel
F:\home\attomey\incompat.cod
",~2
INCOMPATIBLE ACTIVITIES CODE
FOR THE
CITY OF CHULA VISTA
AND
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
I. PURPOSE
This Code is adopted to provide notice to employees and officers, of the
determination of prohibited activities; furnish a uniform code for determining
incompatible activities; give notice of disciplinary procedures for engaging in
prohibited incompatible activities; establish appeal processes from such
determinations. Thp requirements herein apply to all employees and officers of
the City of Chula Vista (City) and its Redevelopment Agency (Agency) and are in
addition to the requirements of the Political Reform Act, Government Code 1090,
the Conflict of Interest Code of Chula Vista and the Redevelopment Agency of the
City of Chula Vista, any other state and local laws and official departmental
policies pertaining to conflicts of interest. This Code does not apply to the
Mayor and members of the Ci ty Council or to members of advi sory boards,
commissions and committees.
II. PROHIBITED INCOMPATIBLE ACTIVITIES
A. General Prohibitions
All employees and officers of the City and Agency are prohibited from engaging
in any outside employment, enterprise, or activity for compensation that is not
EXPRESSLY AUTHORIZED by the City or Agency which:
1. i nvo 1 ves the use of the Ci ty' s or Agency's facil i ti es, equi pment or
supp li es; or
2. involves the use of a City or Agency badge, uniform, letterhead, or any
symbol which represents the City or Agency; or
3. involves the use of the City's or Agency's time, prestige, influence, or
confidential information; or
4. involves compensation from an outside source for duties which the employee
or officer is already being compensated for by the City or Agency; or
5. may be subject to direct or indirect inspection, review, audit, control,
approval, or enforcement by any City or Agency employee or officer; or
6. is for an employer whose business activity within the City of Chula Vista
may be subject to direct or indirect inspection, review, audit, control,
approval, or enforcement of any City or Agency employee or officer; or
7. involves such time or physical demands that would hinder the performance of
the employee's or officer's duties.
~~3
B. Specific Prohibitions
1. Police Department
a. The following are specifically prohibited incompatible activities
unique to the Police Department and apply to all classifications
within that Department. These prohibitions are to be considered in
addition to the General Prohibitions.
1. Employment by any business which would reflect unfavorably on
the police department.
2. Employment by any business while the employee is carried on
sick or injury on duty status unless first approved by the
Police Chief.
3. Employment by any private investigative agency.
b. The following are specifically prohibited incompatible activities
unique to sworn Police Department employees in the classifications
of Peace Officer, Police Agent, Police Sergeant and Police
lieutenant. These prohibitions are to be considered in addition to
the General Prohibitions.
1. Employment by any business which engages in the sale or
dispensing of alcoholic beverage.
2. Employment by any private police agency within city limits of
Chula Vista.
3. Employment by any business which would be considered
inconsistent with the proper performance of police duties.
2. Managerial Employees
The following are specifically prohibited incompatible activities unique
to managerial employees. For purposes of this Code managerial employees
are all employees of the City and Agency described as mid-management and
above in the Executive and Mid-Management Fringe Benefit Resolution, and
the term 'doing business' includes any interaction with the City which
may be subject to Section II (A)(6). These specific prohibitions are in
addition to the General Prohibitions but do not apply when services are
provided to educational institutions or governmental agencies. When
services are provided to educational institutions or governmental
agencies for compensation and there may be a conflict as described in
Section II (A) , General Prohibitions, then a determination of
compatibility shall be made in accordance with Section III, hereof.
Managerial employees are specifically prohibited from engaging in any
activity for compensation for any person or business entity that;
a. has done business with the City within the previous twenty-four (24)
months; or
b. is currently doing business with the City or Agency; or
c. is determined by the City Manager as likely to do business in the
future with the City or Agency.
~~tf
III DETERMINATION OF PROHIBITED INCOMPATIBLE ACTIVITIES
A. Initial Application
Any employee, or officer who wishes to engage in an outside activity, enterprise
or employment for compensation which may be considered an incompatible activity
prohibited by this Code shall complete an application form promulgated by the
Director of Personnel and submit it to their Department Head or other appointing
authority for a determination of whether the activity is prohibited, PRIOR to
engaging in the activity. Except for the City Council, each Department Head
shall approve or disapprove the application following consultation with, and upon
the advice of the City Manager, or the City Manager's designee, and will give
notice of the decision to the applicant within ten working days of the date of
application. If the appointing authority is the City Council the application
shall be placed on the next Council Agenda for a determination.
B. Subsequent Applications
Any employee or officer who is engaging in an activity which is covered by this
Code with proper written authorization from the City or Agency shall submit a new
application annually, and prior to any of the following events;
1. Change in employer.
2. Change in the scope or character of the outside activity.
3. Change in the scope or character of the employer's business.
4. Change in the scope or assignment of the employee's City or Agency
employment duties.
IV. APPEAL OF DETERMINATIONS
An employee or officer may appeal a determination of a prohibited incompatible
activity through the Complaint Resolution Procedure.
V. NOTICE OF THE REOUIREMENTS OF THIS CODE
Adoption of this Code serves as notice to all employees and officers of the City
and Agency of the Requirements of this Code, and the possibility of disciplinary
action for any violations of this Code. The City and Agency shall provide a copy
of this Code to all employees and officers.
Persons currently engaged in an outside activity for compensation which may be
considered incompatible by this Code shall file an application in accordance with
Section III (A) within thirty (30) days of the adoption of this Code.
VI. DISCIPLINARY ACTIONS FOR ENGAGING IN PROHIBITED ACTIVITIES
Any employee or officer who engages in an incompatible activity without prior
written approval, as authorized by this Code, may be subject to disciplinary
action, up to and including termination of service.
VII. APPEAL OF DISCIPLINARY ACTIONS
An employee or officer may appeal any di~ci~li~ary action that is the res~lt of
the provisions of this Code through the dlsclpllnary appeal procedure appllcable
" -b
.
to his or her classification: According to the Civil Service Rules for classified
employees; or, the Complaint Resolution Procedure for unclassified employees and
offi cers; Charter Secti on 500 (b) procedure for termi nati on of unclassifi ed
personnel.
VIII. INCOMPATIBLE ACTIVITIES CODE INFORMATIONAL TRAINING
The City and Agency shall establish and continue on a yearly basis an education
program designed to inform employees and officers of the requirements of this
Code and to address specific issues raised by this Code. Similar individual
training will be provided for new employees and officers as part of their
orientation process. .
I hereby agree to the provisions of the Incompatible Activities Code for the City
of Chula Vista and the Redevelopment Agency of the City of Chula Vista.
Q
-v..-'"\..-
//-s-- /2-
Date
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Bryan Treul, POA
s:
/2... /0 -q2-
Date
1/-;;"0 -q>.--
Sue Brown, CVEA
Date
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Date I (
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JaN1J'1'ES OF A
BOARD OF BTBICS MEETING
CITY OF CB1JLA nSTA, CALIPORNZA
lV01's
C~eJ)
April 7, 1992
city Attorney's Conference Room
4:30 P.M.
MEMBER ABSENT:
STAFF PRESENT:
Harriet Acton, Leo !telly, Donald SWanson,
Stephen Padilla and Jerry McNutt
Susan Herney and Janet Richter
Ruth Fritsch, Assistant City Attorney
MEMBERS PRESENT:
1. The meeting was called to order by Chairperson Acton at
4:33 p.m.
2. MSUC (Swanson/Relly) to approve the minutes for the
March 24, 1991 meeting.
3. There was a discussion of the proposed Incompatible Activities
Code given by Candy Boshell, Director of Personnel, and Byron Wade,
Public Works Inspector. Ms. Boshell and Mr. Wade expressed that
they had been working closely with Rich Rudolf in the City
Attorney's Office and talked to department heads and employees to
get feedback and they presented the Board of Ethics with a final
draft. There was discussion 'of the draft and suggestions for
revisions were made which Mr. Wade said would be incorporated.
MSUC (Swanson/Padilla) to accept the Code with amendments and to
endorse its adoption.
With respect to final revisions of the Code of Ethics, Harriet
Acton asked Assistant city Attorney Ruth Fritsch to discuss ber
review of the proposed final draft. Ms. Fritsch stated the
following:
a. While "gifts" and "honorarium" are both extensively
defined, they are nowhere prohibited in the Code. The
Board has the option of either deleting those definitions
or considering bow to implement those definitions .into
prOhibited activities. Ma. Fritsch pointed out that under
the current definition of gift, if .ccep~ce of any gift
was made illegal, then evan a donation of . candy bar .to a
City employee by someone who does business with the city
would be considered imProper.. 1f.1Il~s Acton, Padilla and
Relly expressed their opinions that, 9ivan the likely
acceptance of the Incompatible Activities Code, the
revisions that have previously been suggested to tha Code
of Ethics might not be necessary with respect to its
attempt to embrace all employees within its embit.
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Board of Ethics Minutes
April 7, 1992
Page 2
b. Ms. Fritsch reported on her discussion with Tony Alperin,
the attorney for the Los Angeles Ethics Commission,
specifically that a Superior Court Judge has enjoined the
City from enforcing any of its provisions. Further, the
City Attorney is recommending to the Board of Ethics that
it confine its reach to, at most, -designated employees"
under the Political Reform Act.
4. There was discussion about the purpose of the Code of Ethics
and who it was really necessary to reach. There was a discussion
with regard to the independence of the Board of Ethics and the
suggestion was made that if the Incompatible Activities Code was
going to be policing the employees, perhaps the focus of the Board
ought to be to police the politicians. Member Padilla commented
that in his view, the.taxpayers were looking to the Board of Ethics
to police the politicians primarily. There was discussion about
potentially making the Board more independent from the City
council.
5. There was discussion about having a schedule for meetings to
address the scheduling problems that have plaqued the Board of
Ethics in the past.
6. MSUC (Swanson/Acton) to adjourn the meeting at 6:30 p.m. to the
April 21, 1992 meeting at 4:00 p.m. MG. Fritsch explained that she
could not be present. Chairperson Acton a~ ed that one of the
members would take the minutes.
ClIlnut..\EthZl
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COUNCIL AGENDA STATEMENT
Item 7
ITEM TITLE:
Meeting Date 1/12/93
Resolution /bqS~Revising the Executive Salary Bands for FY
1992-93
SUBMITTED BY:
City Managz;?
4/5ths Vote: Yes___ No--X-)
When the Council adopted Counc i 1 Po 1 icy No. 120-01 on December 8, 1992, the
Assistant City Manager was requested to turn in his City vehicle in exchange for
a monthly vehicle allowance, and a one-time salary increase of $230 per month.
This additional $230 per month salary resulted in an annual salary which would
exceed the maximum limit of Executive salary band E-5.
RECOMMENDATION: Adopt resolution.
DISCUSSION
Resolution No. 16889-5 adopted the Executive Salary Bands for Fiscal Year 1992-
93. The maximum limit of Executive Salary Band E-5 will be increased from
$113,460 to $116,220 annually. Also, at the time the executive benefit schedule
was adopted on November 17, 1992, the 1992-93 flexible benefit plan amount for
the Assistant City Manager had not yet been establ ished. It is therefore
necessary at this time to increase the flex plan for this position to $7,000.
FISCAL IMPACT:
Sufficient funds exist in the Administration salary account to effect these
changes.
..,--1/1--J,
RESOLUTION NO. Ib15'D
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REVISING THE EXECUTIVE SALARY
BANDS FOR FY 1992-93
WHEREAS, when the Council adopted Council Policy No. 120-
01 on December 8, 1992, the Assistant City Manager was requested to
turn in his city vehicle in exchange for a monthly vehicle
allowance, and a one-time salary increase of $230 per month; and
WHEREAS, this additional $230 per month salary resulted
in an annual salary which would exceed the maximum limit of
Executive Salary Band E-5; and
WHEREAS, Resolution No 16889-5 adopted the Executive
Salary Bands for FY 1992-93; and
WHEREAS, the maximum limit of Executive Salary Band E-5
will be increased from $113,460 to $116,220 annually; and
WHEREAS, at the time the Executive Benefit Schedule was
adopted on November 17, 1992, the 1992-93 flexible benefit plan
amount for the Assistant City Manager had not been established and
it is necessary at this time to increase the flex plan for this
position to $7,000.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby revise the Executive Salary
Bands for FY 1992-93 to increase the maximum limit of Executive
Salary Band E-5 from $113,460 to $116,220 annually, as set forth in
Attachment 1 and incorporated herein by reference as if set forth
in full.
BE IT FURTHER RESOLVED that the flexible benefit plan for
the Assistant City Manager will be $7,000 for FY 1992-93.
John D. Goss, City Manager
Approved as to form by
B=c=o~~~torneY
Presented by
F:\home\auomey\\ACMsal.ben
(,,3
ATTACHMENT 1
EXECUTIVE SALARY SCHEDULE
Executive Salarv Bank
E-5
Minimum Limit
$6,955/month
$B3,460/year
Maximum Limit
$9,685/month
$116,220/year
Assigned Positions:
Assistant City Manager
Chief of Police
E-4
$6,109/month
$73,308/year
$8,725/month
$104,700/year
Assigned Positions:
Assistant City Attorney
Deputy City Manager
Director of Public Works
E-3
$5,586/month
$67,035/year
$8,035/month
$96,420/year
Assigned Positions:
Director of Community Development
Director of Finance
Director of Parks & Recreation
Director of Planning
Fire Chief
Library Di rector
E-2
$5,064/month
$60,762/year
$7,340/month
$88,080/year
Assigned Positions:
Assistant to the City Manager
Director of Building & Housing
Director of Management & Information Services
Director of Personnel
Deputy Director of Public Works
City Engi neer
Executive Director, Nature Interpretive Center
E-l
$4,541/month
$54,489/year
$6,850/month
$82,200/year
Assigned Positions:
Budget Manager
Revenue Manager
Assistant Director of Finance
Assistant Director of Building & Housing
Assistant Director of Planning
Assistant Library Director
Assistant Director of Community Development
Assistant Director of Management & Information Services
Assistant Director of Personnel
Police Captain
Special Projects Manager
l-4
COUNCIL AGENDA STATEMENT
Item ?
Meeting Date 01/12/93
ITEM TITLE:
Resolution )lJ1 S I Approving Subcontract
Agreement with the County of San Diego to Perform
Tasks for the City's Household Hazardous Waste
Education Project and Authorizing the Mayor to
Execute the Subcontract Agreement and Authorizing
the city Manager to Exercise the Option to Extend
the Subcontract as Deemed Appropriate.
SUBMITTED BY: Conservation coordinator~Cf>
REVIEWED BY: city Manage~ (4j5ths Vote: Yes-X-No___)
BACKGROUND: Last July, Council approved acceptance of a $25,050
grant received by State of California, Integrated Waste Management
Board ("Board") to develop a Household Hazardous Waste Reduction,
Alternatives and Disposal Educational Awareness Project ("RAD
Project") .
California State Health and Safety Code prohibits the disposal of
hazardous waste I including household hazardous waste, at solid
waste landfills. Through the RAD Project, staff is fostering a
greater awareness about the importance of reducing hazardous waste
usage as well as proper disposal of hazardous waste. Additionally,
AB 939 requires jurisdictions to participate in household hazardous
waste educational activities.
In August, an intern was hired to assist the Conservation
Coordinator in implementing the RAD project. Contacts with the
School Districts, businesses and various civic organizations have
been made to begin to provide information to Chula Vista residents
and school children about the importance of using alternatives to
toxic household hazardous products when available and to properly
dispose of household hazardous waste.
Council action is now required to approve a subcontract with the
county of San Diego, Department of Health services, Household
Hazardous Materials Management Program to perform tasks originally
planned in the grant to be handled by the County and not able to be
completed by City staff.
RECOMMENDATION: Approve the resolutions.
1
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BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission will review this report at their January 11th, 1992
meeting. Minutes can be forwarded to Council after the RCC action;
a brief oral report of the RCC member's comments may be given to
Council at this meeting, if requested.
DISCUSSION:
Through the Household Hazardous Waste Reduction, Alternatives, and
Disposal Educational Awareness Project ("RAD Project") staff has
begun to provide information and educational materials to school
children and adults in the Chula Vista community. The RAD Project
involves targeting classrooms for household hazardous waste
curricula usage, conducting presentations, arranging for use of a
mobil educational display unit throughout the City, distributing
consumer awareness materials and small business hazardous materials
awareness outreach.
As originally proposed and approved by Council, the RAD Project
utilizes materials and services developed by the County of San
Diego, including professional development trainings for teachers,
school and community presentations, and curricula and educational
materials, in order to foster a consistent, regional approach to
hazardous waste reduction. A detailed work statement for the RAD
Project is contained in the proposed subcontract agreement
(Attachment A). NOTSCAi",1'iED
As Council has approved, a portion of the grant funds, $7,695, is
being utilized to fund the salary, benefits and mileage
reimbursement of the RAD Project intern. Grant funds amounting to
$1,226 are also being used to purchase a mobile educational
display, and $526 will be utilized to purchase educational stickers
for young children.
Additionally Council approved, in concept, the allocation of
$10,428 of the grant funding to be utilized to subcontract with the
County of San Diego, Department of Health Services, Household
Hazardous Materials Program to assist RAD Project staff (the
Conservation Coordinator and RAD Project Intern) in providing
classroom presentations, teacher in-service trainings and
corresponding curricula, and presentations to adults (both in
English and in Spanish), as well as $5,175 to purchase consumer
awareness brochures (English and Spanish).
Staff now requests Council approval to authorize the subcontract
with the County. The tasks to be performed require specific
expertise and time not able to be completed by RAD Project staff,
and originally intended for subcontracting to the County's
Household Hazardous Materials Program. No other agency can provide
the range of services, curricula and regional approach necessitated
by the scope of our RAD Project. Project staff will work with the
County and attend all presentations to ensure that specific issues
of concern in Chula Vista are addressed.
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FISCAL IMPACT: There is no fiscal impact as a result of this
action. The total cost of the proposed Household Hazardous Waste
Reduction, Alternatives, and Disposal Educational Awareness Project
is $33,383, which has already been appropriated. This includes
$25,050 for Project activities which will be fully reimbursed
through the grant, as well as the $300 in hard match from the City,
and soft match funds from both the City and County. The
subcontract with the County, proposed at $15,603 is appropriated,
and will be completely reimbursed by the grant funding.
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RESOLUTION NO. lloqs I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBCONTRACT AGREEMENT
WITH THE COUNTY OF SAN DIEGO TO PERFORM TASKS
FOR THE CITY'S HOUSEHOLD HAZARDOUS WASTE
EDUCATION PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT AND AUTHORIZING THE CITY
MANAGER TO EXERCISE THE OPTION TO EXTEND THE
SUBCONTRACT AS HE DEEMS APPROPRIATE
WHEREAS, last JUly, Council approved acceptance of a
$25,050 grant received by State of California, Integrated Waste
Management Board ("Board") to develop a Household Hazardous Waste
Reduction, Alternatives, and Disposal Educational Awareness
Project; and
WHEREAS, through the Project,
greater awareness about the importance of
waste usage as well as proper disposal of
939 requires jurisdictions to participate
waste educational activities; and
staff is fostering a
reducing our hazardous
hazardous waste and AB
in household hazardous
WHEREAS, in August, a Project intern was hired to assist
the Conservation Coordinator in implementing the Project and
contacts with the School Districts, businesses and various civic
organizations have been made to begin to provide information to
Chula vista residents and school children about the importance of
using alternatives to toxic household hazardous products when
available and to properly dispose of household hazardous waste; and
WHEREAS, Council action is now required to approve a
subcontract with the County of San Diego, Department of Health
Services, Household Hazardous Materials Management Program to
perform tasks originally planned in the grant to be handled by the
County and not able to be completed by city staff.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Agreement with the
county of San Diego for participation of the city of Chula vista in
the county of San Diego, Department of Health Services Household
Hazardous Materials Management Program, a copy of which is on file
in the office of the city Clerk.
f..S
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by
ity
BE IT FURTHER RESOLVED that the
authorized to exercise the option to exte
deems appropriate.
Athena Bradley, conservation
Coordinator
F: \bome\attomey\hazwaste
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ITEM TITLE: A.
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
COUNCIL AGENDA STATEMENT
Item~-l:.8
Meeting Date 1/12/93
13.
Resolution ~'t52 Accepting a County of San
Diego Technical Assistance Program Grant to Expand
Chula Vista's Business Recycling Outreach Project
and Authorizing the City Manager to Execute a
Service Agreement with the County.
Resolution 11olf!i3 Amending FY 1992-93 Budget to add a
Temporary, Part-time Position in Unclassified
Service in the Waste Management Program and
Appropriating Funds Therefor.
Conservation Coordinator AdB
City Manager~ (4/5ths Vote: Yes-K-No___)
In January, 1992, the City Council of Chula Vista adopted a
mandatory recycling ordinance requiring demolition and construction
industries to recycle by October 1992. Additionally, the ordinance
requires offices and office complexes 20,000 square feet or more
and all restaurants, bars and motels with food and beverage
services to recycle by July, 1993.
Last October, staff developed a proposal for the expansion of
commercial and industrial recycling projects in the City; Council
authorized a $16,434 grant application be submitted to the San
Diego County Recycling Technical Assistance Program (TAP) for
project funding. The City has now been notified that it has
received full fundinq of its grant proposal; Attachment A contains
the funding intent notice.
Under prior year grants from the County of San Diego's Technical
Assistance Program (FY 1990-1991 and FY 1991-1992) the City began
its Business Recycling Outreach Project. The Project has provided
a strong foundational basis for the development of the Citywide
commercial and industrial recycling programs. It is now staff's
intent to use the new TAP grant (FY 1993) to expand the Business
Recycling Outreach Project to assist all businesses required to
recycle under the mandatory recycling ordinance, as well as to
assist other interested businesses in establishing recycling.
This report describes the proposal to expand the Business Recycling
Outreach Project and requests Council approval of hard match funds
of $4200 to be appropriated from the Waste Management Trust Fund.
RECOMMENDATION: Adopt the Resolutions.
9- J
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission will review this report for its January 11th meeting.
An oral presentation of the RCC's discussion of this issue can be
presented at the Council meeting upon request.
DISCUSSION:
In fiscal year 1990-91, the City was awarded a TAP grant of $15,000
to implement the Model Office Recycling Program and establish the
Business Recycling Outreach Project which allowed staff to target
ten offices for recycling program set-up. In fiscal year 1991-92
the City was awarded another TAP grant, for $11,373, to expand the
Business Recycling Outreach Project to include not only outreach to
offices, but restaurants, bars and other hospitality establishments
as well as demolition and construction firms. This current qrant
will end in April. 1993.
With funding from the new grant (FY 1992-93), staff proposes to
expand the Business Recycling Outreach Project to include outreach
and assistance to all businesses required to recycle under the
Mandatory Recycling Ordinance, as well as retail establishments,
schools, recreational areas and landscapers. For example, there
are some 330 restaurants in the City that will be required to
recycle under the mandatory recycling ordinance. Additionally,
there are at least 18 office complexes 20,000 square feet or more
that are not currently recycling, not including single offices such
as banks that will also fall under the requirements of the
mandatory ordinance. The proposed expansion of the Business
Recycling Outreach Project will also benefit the City in helping
meet the AB 939 diversion goals.
The grant funds, amounting to $16,434, will be utilized to fund the
salary, benefits and mileage reimbursement of the Project Intern,
for 20-25 hours per week for a maximum of one year. Project staff,
to include the Intern and the City's Conservation Coordinator, will
conduct business-to-business information dissemination about
recycling, the County and City mandatory recycling ordinances,
source reduction, waste exchange and other aspects of commercial
recycling and waste reduction.
Project staff will target establishments for recycling program set-
up; conduct waste audits; and, develop and distribute guidebooks
and other educational and promotional materials. Project staff
will also conduct managerial and employee recycling trainings and
organize commercial recycling roundtables, meetings and
presentations. A detailed description of the proposed Project is
contained in Attachment B.
Providing the businesses with recycling guides and related project
information, as well as promotional materials (posters, table
tents, container labels, etc.) will not only reduce recycling costs
to the businesses, it will promote recycling to other businesses
2
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and customers, and assist in educating employees of the respective
businesses. Procurement of recycled products will be a primary
component of the expanded Project fostering the importance of
recycled product procurement for "closing the recycling loop."
The grant will also allow the purchase of a computer and software,
which will greatly assist Project staff performance. The
utilization of a data processing system for the "materials exchange
bank" will foster use of the bank regionwide. A listing of
available "waste" by-products will be maintained, as well as
listings of those "waste" materials that are "wanted" as
feedstocks. The information will be forwarded to the California
Integrated Waste Management Board for inclusion in their CALMAX
waste exchange program. Waste exchanges assist businesses who have
usable "waste" materials, from wood and drywall to furniture and
office supplies, by listing these materials for exchange instead of
having to recycle or dispose of the materials.
FISCAL IMPACT: The total cost of the proposed expanded Business
Recycling Outreach Project is $35,385, although this amount
includes a "soft match" of $14,751 for staff time which therefore
is currently appropriated. Included in this soft match is the time
to be spent on the project by the Conservation Coordinator
(approximately 10 hrs./wk.), Principal Management Assistant Snyder
(approximately 1 hr. /wk. ) , Public Information Coordinator
(approximately 1 hr./wk..) and Printing Staff (approximately 15
hrs. total). The remaining Pro ject costs of $20,634 require
appropriation at this time in order to accept the grant and proceed
with the Project.
The grant funding, amounting to $16,434 will reimburse the City for
the estimated costs associated with the Project Intern (salary &
benefits @ $10,284; mileage @ $598) and capital expenditures
(computer, modem and software @ $5,552). These funds can be
appropriated directly to the Waste Management Program budget unit.
It is required under the County's Technical Assistance Grant
Program that matching funds of 50 percent be appropriated for
projects receiving grant funds. At least 25 percent of these funds
must be in the form of cash or capital outlays ("hard match") and
25 percent as "soft match," such as in-kind donation of services.
The City's "hard match" will provide funding for phone and modem
charges associated with the Project, graphics, design and copying
and printing costs and postage, requiring an addi tional
appropriation of $4,200 (graphics design and layout @ $600;
printing and copying @ $1,800; phone, modem and computer on-line
service costs @ 1,500; and, postage @ $300). It is proposed that
this additional appropriation come from the Waste Management Trust
fund. A detailed project budget is contained in Attachment C.
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Attachment A
<1Il1untu of ~an ~ iego:
~ ~
JI\fool(S G. IAPP
D""CIO~
-"lit GDI.2920
...... :lo1Co..'IJ
DEPARTMENT OF PURCHASING AND CONTRACTING
~OJI.I.ANO^vt:N..JG.UUl..UWC 11
".0. UOX estlS. SA" OIEOO. CAltFORJrtiA "'M.GuIS
December 8,1992
NOTICE OF INTENT
TO AWARD
REQUEST FOR GRANT APPLICATIONS (RFGA) NO. 30045 - TECIINICAL ASSISTANCE PROGRAM
GRANTS (TAP IV), DEPARTMENT OF PUBLIC WORKS -SOLID WASTE DIVISION.
This is NOTICE that the County of San Diego announces its intent to Rward grants to the following firms:
F.ir.m/EntitxLMunicipali\)'
Fundina Amnl1nt
'.evel of Fundinr
Gridcore Systems International
Textile Recycling Ltd.
Lee's Landscaping
WYf..oc
City of Chula Vista, CA
$100,000.00
100,000.00
97,000.00
75,000.00
16.434.00
Full Cunding.
Full funding.
Full Cunding.
Full Cunding.
Full funding.
Total of full grants awarded:
s~
Questions or comment with regard to this Notice of ["tellt to Awcud should be directed to the undersigned
at (619) 495-5522 or at the address on tbe letterhead. 11.._
JAMES G. TAPP, Dire'1or
.7~~
H. M. MARTINEZ
COlftracting Officer
a:: Ms Krise. Mays.Hcnkcls, DPW.SW Div. (MS 0383).
Mr Ncbcm Olivas, DPW.SW Div. (MS 0383).
RFGA No. 30045 File.
O~I"_nc~ ......
Cf-l/
ZO'd 6tO'ON ~Z:St Z6'S Jaa
~ttS-9lS-6t9-9N1S~HJ~nd 0931a N~S AINnOJ.
_...~~.,-----_.. --_.'-""---~-
Attachment B
proiect Descriptions
1) Business Recycling Outreach Project
The proposal will expand Chula Vista's Business Recycling Outreach
Project ("Project") to allow for recycling program development at all
businesses required to begin recycling by July 1992 under the City and
County mandatory recycling ordinances. This will include offices or
office complexes 20,000 square feet or more, and all restaurants and
hospi tali ty establishments currently not recycling. Addi tionally,
Project staff will continue to work with demolition and construction
industry to ensure that all businesses in this sector are recycling.
Project staff will distribute the City's Office Recycling Guide,
Demolition and Construction Recycling Guide (now being finalized) and
the Restaurant Recycling Guide (currently being developed) to all
businesses requesting information. Additionally, Project staff will
be available to assist in waste audits, program development,
promotional and educational material distribution and employee
training.
A new aspect of the Business Recycling Outreach Project to be
developed will include outreach to retail establishments, schools,
recreational areas and landscapers. Businesses in these sectors have
not yet been actively targeted for recycling program development.
Project staff will promote recycling at all area malls and retail
centers. Particularly important will be outreach to area landscapers,
as landscape debris is required to be recycled under the Mandatory
Recycling Ordinance as of January, 1993.
2) Regional Materials Exchange Bank
A Regional Materials Exchange Bank, now being developed as part of TAP
fiscal year 1991-1992 funding, will be expanded to foster a greater
awareness of the concept of materials reuse as a viable source
reduction strategy. Staff will request information from businesses on
material by-products ("wastes") of respective manufacturing or
operational activities that could be utilized by other industries, as
well as to ascertain industries that utilize or could potentially
utilize industrial by-products in their manufacturing process. The
"bank" listings would then be distributed to area industries.
The City will work in conjunction with the State's CALMAX materials
exchange program to facilitate the distribution of this local listing
throughout the State, as well as provide State-wide information for
use by local establishments. Charitable organizations, "second-hand"
stores and market opportunities in Mexico will also be included in the
Materials Exchange Bank to encourage donation of used office
equipment, furniture, clothing, school and office supplies and other
useful items.
5
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proaram Budaet
CAPITAL EXPENDITURES
Modem
Auto Switch
Jet III Printer
Dell Computer
Paradox
Word Perfect 5.1
Total Capital Expenditures
PERSONNEL
Project Intern
Salary 378 hrs. x $7.55/hr. =
766 hrs. x $7.93/hr. =
Subtotal: 1,1441
Benefits $2,854 x 5.2% =
$6,074 x 5.2% =
Subtotal:
Overhead
$2,854 x 10% =
$6,074 x 10% =
Subtotal:
Mileage 50 mi/wk. x 46 wks. = 2,300
2,300 x .26/mile =
Total Personnel
TOTAL GRANT REQUES'l'
1 22 hours per week x 52 weeks = 1,144 total
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Attachment C
$144
$119
$1,450
$3,115
$477
$247
$5,552
$2,854
$6,074
$8,928
$148
$316
$464
$285
$607
$892
$598
$lO,1B2
$1.6,434
MATCHING FUNDS (16,434 x 50% = $8,217 required)
Hard match ($4,109 required)
Cash2
$4,200
. $450 for phone charges associated with the Project
. $1,050 for costs associated with modem hook-up,
on-line computer services and tax for computer purchase
. $600 for graphics design and lay-out
. $400 for printing of logo decals & bin labels
. $400 for printing of recycling guides
. $300 for printing of Re-Use Guide
. $300 for printing of table tents (restaurants)
. $400 for copying and additional printing needs
. $300 for postage costs
Soft Match
Conservation Coordinator
$21.14/hr. x 10 hr/wk. x 50 wks. = $10,570
Principal Management Assistant
$26.80/hr. x 1 hr./wk. x 50 wks. = $1,340
Public Information Coordinator
$25.53/hr. x 1 hr./wk. x 50 wks. = $1,277
Printing Staff
$14.87/hr. x 15 hrs. = $223
Overhead3 (10% x 13,410) $1,341
Subtotal Soft Match = $14,751
TOTAL MATCHING FUNDS: $18,951
TOTAL GRANT FUNDS REQUESTED. $16,434
PROORAM TOTAL. SE,lfi
2 All prices are estimated.
3 Standard formula, Includes clerical assistance, personnel assistance, office supplies and other essential staff and equipment.
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RESOLUTION NO. IlP4It S~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A COUNTY OF SAN DIEGO
TECHNICAL ASSISTANCE PROGRAM GRANT TO EXPAND
CHULA VISTA'S BUSINESS RECYCLING OUTREACH
PROJECT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A SERVICE AGREEMENT WITH THE COUNTY
WHEREAS, in January, 1992, the City Council of Chula
vista adopted a mandatory recycling ordinance requiring demolition
and construction industries to recycle by October 1992, which
ordinance additionally requires off ices and off ice complexes 20, 000
square feet or more and all restaurants, bars and hospitality
establishments to recycle by July, 1993; and,
WHEREAS, last october, staff developed a proposal for the
expansion of commercial and industrial recycling projects in the
city and Council authorized a $16,434 grant application to be
submitted to the San Diego County Recycling Technical Assistance
Program (TAP) for project funding; and
WHEREAS, the city has now been notified that it has
received full funding of its grant proposal and it is staff's
intent to use the new grant to expand the Business Recycling
Outreach Project to assist all businesses required to recycle under
the mandatory recycling ordinance, as well as .to assist other
interested businesses in establishing recycling.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept a county of San Diego
Technical Assistance Program Grant to expand Chula vista's Business
Recycling Outreach Project.
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to execute a Service Agreement with the County on behalf
of the City of Chula vista.
Presented by
A
as [;to fo
y I,
I
'Bruce M.
Attorney
Athena Bradley, Conservation
Coordinator
F:\home\attomey\tap
9A-1
.,
RESOLUTION NO. I (P~53
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1992-93 BUDGET TO ADD
A TEMPORARY, PART-TIME POSITION IN
UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT
PROGRAM AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the City of Chula vista has recently been
awarded a grant to expand the Business Recycling Outreach Program;
and
WHEREAS, the grant funds, amounting to $16,434, will be
utilized to fund the salary, benefits and mileage reimbursement of
the Project Intern, for 20-25 hours per week for a maximum of one
year and computer equipment and software for project supprot.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby amend the FY 1992-93 budget to
add a temporary, part-time position in the Unclassified Service in
the Waste Management Program.
BE IT FURTHER RESOLVED that the amount of $20,634 is
hereby appropriated from the unappropriated balance of the Waste
Management Trust Fund 270 and transferred into the following
accounts:
270-2706-5252
270-2706-5201
270-2706-5212
270-2706-5218
270-2706-5105
270-2706-5143
270-2706-5145
270-2706-5225
270-2706-5560
270-2706-5398
$ 1,500
600
1,800
300
8,928
464
892
598
4,565
987
$20,634
Athena Bradley, Conservation
Coordinator
a"~
Presented by
F:\home\auomey\intem.tap
9S-/
COUNCIL AGENDA STATEMENT
It em I D
Meeting Date 01/12/93
ITEM TITLE:
IIAS'lj-
Resolution appropriating funds for the purchase of
alert/warning paging equipment under a grant
received from the Federal Government.
Fire Chief ?~.
City Managertf
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote:
Yes~ No _>
On December 2, 1992 the City of Chula Vista Disaster Services
Office was notified that they had been awarded a matching funds
grant from the Federal Government to purchase radio receivers for
key City administrative and operational staff offices for disaster
alert notification. The Fire Department (Disaster Services)
requests the appropriation of funds in the amount of $1,250, which
will be totally reimbursed to the City with Federal grant funds.
RECOMMENDATION: That the City Council approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
At the August 11, 1992 City Council meeting, the Council approved
Resolution No. 16747 authorizing and supporting the submittal of a
grant application to the Federal Emergency Management Agency,
through the State of California, for matching funds to purchase
alert/warning paging equipment. On December 2, 1992, the City
received notification of approval of our grant application.
These purchases are part of a three phase program to improve our
City's Disaster Alert/Warning System. Phase one included the
purchase of a low band radio base station, a tone encoder system,
and the cost of FCC radio licensing with funds allocated at the end
of FY 92. These items have been installed in the City's Emergency
Command Center.
The funds requested by this resolution will complete phase two of
the program, which includes the purchase of five or six pager/quick
call alert receivers for disaster alert notification. These alert
receivers or pagers would be placed in the offices of key
administrative and operational staff for notification during
working hours. This program was outlined to the City Council in
the Council informational report of September 21, 1992 (a~ached).
O)>SC
~e~
/D-I
Meeting Date 01/12)93
Page ~ Item'
The final phase of the program wi 11 be addressed in FY 94 as a
c.r.p. to purchase a number of pagers or alert receivers for 24
hour notification of all required City staff. Future matching fund
grants may also reduce the cost by half for this final phase.
This form of warning network will greatly enhance the notification
of all key City personnel during disasters or major emergencies.
FISCAL IMPACT: The City Council appropriation
fully reimbursable by the Federal grant.
appropriated to account #100-1250-5568.
of $1,250 will be
Funds should be
10,2-
RESOLUTION NO. t\oct5~-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR THE
PURCHASE OF ALERT/WARNING PAGING EQUIPMENT
UNDER A GRANT RECEIVED BY THE CITY.
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Federal Emergency Management Agency has awarded
the city of Chula vista a matChing funds grant to purchase
communications warning equipment; and,
WHEREAS, the funds appropriated will be entirely reimbursed by
the Federal Government; and,
WHEREAS, said radio equipment would be used for the benefit of
the entire south Bay Area of San Diego County during times of
disaster or major emergency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula vista does hereby authorize the appropriation of
$1,250 for the purchase of communications warning equipment.
BE IT FURTHER RESOLVED, that these funds be appropriated from
the unappropriated balance of the General Fund Reser s to Account
#100-1250-5568.
Bruce M. Boogaar
city Attorney
Presented by
Sam G. Lopez
Fire Chief
/~~3
\
.-'
STATE OF CALIFORNIA
,
PETE WILSON, Governor
=====--===--==-=--==========*============-=----============-=====-=====~
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Region VI O~~ice
2151 E. D St., Suite .203A
Ontario, CA 91764
~
';of\(.t.~
Subject:
Your Federal Assistance Form 424
Matching ~unds under the SLDCW
1992/1993.
requesting Federal
WCS program FFY
(909) 391-4485
(909) 391-3984 FAX
November 24, 1992
Mr. Robert S. Nelson
Disaster Preparedness Specialist
City o~ Chula Vista, Disaster Services
447 F Street
Chula Vista,California 91910
Dear Mr. Nelson;
.
Pursuant to OW" telephone conversat ions and I"eceipt of your letter
dated Nol,-ember 12,1992, this lettew is to notify I con~irm that the
City6f Chula Vista has been approved to purchase the equipment you listed
on your proposal. Once you purchase the equipment, if there are "left-
over" monies, you may purchase additional communications equipment to
support your program, not to exceed the total amount list~d on the
Federal Fot"m 424. '
Please remember to send original invoices -- not carbons or copies.
I~ your City must keep the originals, the State Controller's O~~ice
requires a certi~ied copy marked "THIS IS AN ORIGINAL INVOICE TO STATE
DES". This statement must be signed and dated in ink immediately
adjacent on all invoices. In addition to signing the invoices, please
include a cover letter on Agency letterhead stating that "THE ATTACHED
INVOICES AR:E ORIGINALS TO STATE DES".
I~ you have any questions or need additional in~ormation, let me
know. I am not always in the office, so feel ~ree to utilize the
contact numbers provided.
'>"
John Noland Hudson III, Assistant Chie~
Telecommunications Division, Region VI
D-Ffice (909) 391--4485 .
Cellular (714) 803-0273
Pager (714) 802-3180
1/)-5"
.
MEMORANDUM
DATE: september 21, 1992
TO: The Honorable Mayor and City Council
VIA: John D. Goss, city Manager,_k, 1)(\:'J:.~l;\
FROM: Sam G. Lopez, Fire Chief ),)<3--
SUBJECT: council Referral No. 2646 - Disaster Alert Notification
At the August 11, 1992 City Council meeting, during discussion of
the grant application for FEMA funds to purchase alert/warning
paging equipment, Council directed staff to return with a brief
report detailing the 24-hour disaster notification plan and the
utilization of this new equipment therein. The purpose of this
memo is to outline the current disaster notification plan, address
its effectiveness, and discuss how the new plan with the
integration of the radio paging system will affect disaster
notification.
Current Procedures
Currently, as an integral part of the city's new Emergency Response
Plan, the City uses a notification "callback" system to alert
personnel of a disaster. with this system, a Police Department
dispatcher places a call by telephone to each of the five key
members of the Disaster Direction and Control group (city Manager,
Fire Chief, Police Chief, Parks and Recreation Director, and the
Public Works Director/or their designated alternates). Each of
these people then call five or six others, using a telephone tree
network (see Attachment A). During normal working hours, the
telephone calls are placed to the business offices, and during non-
working hours the calls are placed to the individual's residence.
Where necessary, individuals assigned telephone-activated pagers
can be paged.
Effectiveness of Current Procedures
The current callback plan has been exercised twice, and has been
shown to be effective within the circumstances and parameters in
which it was tested. Both instances were disaster drill situations
and took place during working hours. The average response time for
the "Command" group was 23 minutes, and all 37 of the Emergency
Command Center key positions and assignments were staffed within 34
If) -10
The Honorable Mayor and city Council
Disaster Notification System
Page 2.
minutes. In making an objective evaluation of the actual
effectiveness of the current system, however, a number of points
need to be addressed, taking into account the artificialities of
drill scenarios:
Availabilitv of Kev Personnel or Desionated Alternates:
Because the exercises were conducted during working hours, key
personnel were readily available to staff the Command Center.
During off hours, staffing becomes more difficult due to
personal schedules, and how quickly messages are received by
the individual.
proximitv of Available Kev Personnel:
During the exercises, available key personnel were, generally,
located within a few miles of the Command Center. During off
hours, the physical proximity of the available personnel will
vary widely as will their ability to use normal modes of
transportation which can be affected by congestion and road
closures.
Availabilitv of communication Lines:
The current method of contacting personnel relies heavily on
telephone communications (including most pagers). In the
event of telephone communications failure, there is currently
no method available to directly contact personnel. Radio and
television spots would be the only method of alerting
personnel of the need for their assistance.
Notwithstanding the above considerations, staff believes that the
demonstrated drill response times fall within an acceptable range.
Staff will continue to conduct drills, under varying circumstances,
to ensure that an effective and responsive disaster team is
maintained.
Notifioation Prooedure Imorovements
As noted above, the FEMA grant was applied for to take the next
incremental step toward a long-term restructuring of the current
disaster alert notification system; that is - incorporating the
greater reliability of radio communications in lieu of the more
vulnerable current telephone communications system. Specifically,
the restructuring plan involves the utilization of a radio paging
system for primary disaster alert notifications. This system will
afford some of the same flexibility as standard pagers, but will
require no interface with telephone circuits; the radio pagers are
activated by a self-contained radio frequency paging system.
Moreover, a 11 system units can be paged simultaneously, thereby
eliminating the need to individually page each unit as is necessary
with telephone pagers.
1/)-7
The Honorable Mayor and City Council
Disaster Notification System
Page 3.
The Emergency Command Center has recently been outfitted with the
first component of the radio paging system - a radio base station
and a paging encoder board (Phase I). Phase II of the radio paging
system, the subject of the FEMA grant application, involves the
purchase of six radio pagers which will form the nucleus of the
disaster notification system for the key command personnel. These
pagers will be initially located in the business offices of the key
personnel, being readily accessible to any available staff person
to initiate further staff notification through available means
(direct contact, telephone, pager, etc.) Non-working hours
notification will, for the present, continue to be made through
telephone/pager contact.
Expansion of the system will take place in future phases as funding
is made available through similar grant processes. The acquisition
of additional pagers and amplifiers will permit notification of a
greater number of personnel over a wider geographical range. As
each phase is completed, a branch of the telephone callback tree
can be eliminated as a primary notification tool. Until a complete
paging system is fully operational, staff will continue to use the
telephone callback plan for working and non-working hours
notification as necessary.
Attachment
930923
jo-t
J:lOW
Fire and Police Dispatchers wlll verify the emergency message with one
another. These dispatchers have the Initial alerting responsibility. The
alerting process begins by:
POLICE DISPATCH CENTER CALLS:
POLICE/PIRE DISPATCH
CALLS
FIRE CHIEF: POLICE CHIEP:
Sam Lopez Richard Emenon
Home: 585-7270 Home: 575-4141
Work: 691-5055 Work: 691-5185
Pager: 973-7500
(Calls List) (Calls List)
PAR~S & REC DIR.: PUBLIC NOR~8 DIR. I
Jess Valenzuela John Lippitt
Home: 482-1432 Home: 470-2888
Work: 691-5071 Work: 691-5294
(Calls List) (Calh List)
CITY MANAGER
John Go..
Home: 691-0801
Work: 691-5031
(Call. List)
MESSAGE: There has been a (STATE TYPE OF EMERGENCY)
in the Chula Vista Area. The City's Emergency
Command Center has been activated. Pleaee
initiate your "Callback Li.t" and report to
your assigned die.ster location for workeite.
ATTACHMENT A
)0-9 .
. ,
DISASTER CALLBACK ASSIGNMENTS
"CITY MANAGER"
CITY MANAGER GOSS CALLS:
1. Mayor Tim Nader
HOME: 425-8356
WORK: 691-5044
ALTERNATE: Councilman Moore
HOME: 420-9126
WORK: 691-5044
Mayor Nader notifies other members of the City
Council.
2. Assistant City Manager Morris
HOME: 422-2243
WORK: 691-5031
Mr. Morris notifies required listed staff (see list).
4. Deputy City Manager Krempl
HOME: 585-9685
WORK: 691-5031
Mr. Krempl notifies required listed staff (see list).
5. Deputy City Manager Thomson
HOME: 229-0173
WORK: 691-5031
Mr. Thomson notifies required listed staff (see list).
6. City Attorney Boogard
HOME: 470-1423
WORK: 691-5037
ALTERNATE: Assistant City Attorney Fritsch
HOME: 563-8062
WORK: 691-5265
Mr. Boogard notifies the Assistant City Attorney, and
any required staff.
1/92
/t1-IO
.
. .~
RESOLUTION NO. 16747
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING AND SUPPORTING THE SUBMITTAL OF A
GRANT APPLICATION 10 THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR A MATCHING FUNDS GRANT FOR THE PURCHASE OF
ALERT/WARNING PAGING EQUIPMENT, SUrpORTING THE CITY'S
DISASTER PREPAREDNESS PROGRAM
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the Federal Emergency Management Agency has grant moni es avail ab 1 e
to city disaster programs to purchase comrt)unications warning equipment, and,
WHEREAS, the Fire Department recommends that the City submit a vrant
application for $1,250 to purchase needed radio equipment for this Clty'S
Disaster Alert/Warning System; and,
WHEREAS, said radio equipment woul.d be lIsed for the benefit of the entire
South Bay Area of San Diego County during times of disaster or major emergency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the submittal of a grant application in the amount
of $1,250 to the Federal Emergency Management Agency. .
BE IT FURTHER RESOLVED, that the City Managp.r of the City of Chula Vista
is authori zed to sign the App 1 i cat i on for Federa 1 A,s i stance (Standard Form 424) .
Presented by
Approved as to form by
dtt4dJ
L Ruth M. Fritsch
Assistant City Attorney
~~.~
Sam G. Lopez
Fire Chief
/tJ-I!
. Resoiution No. 16747
P,age ,:;;:,
, .
PASSED, APPROVED and ADOPTED by the City Council of the City of Chul a
Vista, California, this 11th day of August, 1992, by the follol".jng vote:
YES: Council members : Horton, .~indone, Nader
NOES: Council members : None
ABSENT: Council members : Mal colm, ~oore
ABSTAIN: Councilmembers: None
~ ~/J--
Tim Nader, Mayor
ATTEST:
.
~~ C a,Jt~l
Beverly . Authelet, City Clerk
)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
ss.
I, Beverly A. Authelet, City Clerk of the City of ch~la Vista, California, do
hereby certify that the foregoing Resolution No, 16741 was duly passed, approved,
and adopted by the City Council held on the 11th day of August, 1992. '
Executed this 11th day of August, 1992.
)
/ tJ,.12
COUNCIL AGENDA STATEMENT
ITEM TITLE:
)/P 'f'5S;
Resolution approving agreement between the City of
Chula Vista and the Sweetwater Union High School
District providing for mass feeding of City workers
during a major emergency or disaster.
Meeting Date
It em II
01/12/93
SUBMITTED BY: Fire Chief ).>~
REVIEWED BY: City Manager~
The City of Chula Vista Disaster Services Office desires to enter
into an agreement with the Sweetwater Union High School District
(SUHSD)to have them provide meals to City disaster workers during
a major emergency or disaster.
(4/5ths Vote: Yes
No -.lL)
RECOMMENDATION:
between the ci ty
School District.
That the Ci ty Council
of Chula Vista and the
approve the agreement
Sweetwater Union High
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In the event of a major emergency or disaster, it would be
necessary to provide meals to disaster workers. As school
cafeterias are equipped to serve large numbers, this would be the
ideal source for providing these meals. The Sweetwater Union High
School District and the City of Chula Vista have reached an
agreement whereby the SUHSD will provide the use of its facilities
and staff as mass feeding locations for disaster workers. The City
agrees to reimburse the SUHSD wi thin 30 days for any foods or
supplies that may be consumed.
FISCAL IMPACT: Reimbursement for foods and supplies consumed
during a disaster or major emergency.
I {~/
RESOLUTION NO.
f&l1ss
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE SWEETWATER UNION
HIGH SCHOOL DISTRICT PROVIDING FOR MASS
FEEDING OF CITY WORKERS DURING A MAJOR
EMERGENCY OR DISASTER
The ci ty Counci I of the ci ty of Chul a Vista does hereby
resolve as follows:
WHEREAS, there exists the possibility of disasters and/or
major emergencies within the City of Chula Vista; and,
WHEREAS, it will be necessary to feed disaster workers in the
event of a major emergency or disaster; and
WHEREAS, the Sweetwater Union High School District has a
number of school cafeterias in various locations throughout the
City,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby approve the agreement between the
City of Chula Vista and the Sweetwater Union High School District
to provide for the mass feeding of City workers du a disaster
or major emergency.
~.n.~
Sam G."Lopez
Fire Chief
Bruce M. Boogaard
City Attorney
Presented by
/1;2
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND
THE SWEETWATER UNION HIGH SCHOOL DISTRICT PROVIDING
FOR MASS FEEDING OF CITY WORKERS DURING A MAJOR
EMERGENCY OR DISASTER.
This agreement is made and entered into between the governing board of the
Sweetwater Union High School District of San Diego County, State of California, and
the City Council for the City of Chula Vista.
WHEREAS, there exists the possibility of disasters and/or major emergencies within
the City of Chula Vista; and,
WHEREAS, the parties hereto mutually desire to reach an understanding that will
result in making the aforesaid facilities of Sweetwater Union High School District
available to the City of Chula Vista for the aforesaid use. Now, therefore, it is mutually
agreed between the parties as follows:
The Sweetwater Union High School District agrees that after meeting its responsibilities
to pupils, it will permit to the extent of its ability and upon request by the City of Chula
Vista, the use of its physical facilities and staff by the City as mass feeding locations for
city workers during disasters or other major emergencies.
The City of Chula Vista agrees that it shall exercise reasonable care in the conduct of
its activities in such facilities and further agrees to r _imburse Sweetwater Union High
School District for any foods or supplies that may bl' consumed by city employees nat
payment within 30 days.
In witness thereof, the governing board of the Sweetwater Union High School District
has caused this agreement to be executed by the President of its governing board, and
the City of Chula Vista's City Council has caused this agreement to be executed by its
Mayor, said agreement to become effective and operative upon the fixing of the last
signature hereto, by both Parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
19th day of November, 1992.
CITY OF CHULA VISTA
SWEETWATER UNION HIGH SCHOOL
DISTRICT
Mayor
~, Fis Services
City Clerk
11-3
~~Illf1NJAWID W~()<I)~ OO()(j)OO ~<COO<I)<I)ll.lJ)I)QU'f.:9Il<tU'
1130 FIFTH AVENUE
CHULA VISTA, CAUFORNIA 91911
(61&) 691-5550
Fiscal Services
November23,1992
Mr. Robert S. Nelson
Disaster Preparedness Specialist
City of ChuJa Vista
447 F Street
ChuJa Vista CA 91910
Dear Mr. Nelson:
At the November 19,1992 meeting of the board of trustees of the Sweetwater Union High School
District, approval was granted to enter into an agreement with the City of Chula Vista to provide
services to workers in times of emergency or disaster.
Attached are two original copies of said agreement. Please arrange to acqnire the proper
signatures and return one original to me.
Sincerely,
~d
Barry S. D:r--
Director Fis~ervices
opt
cc: w /0 attachments
Sid Morris, Asst. City Manager
Sam Lopez, Fire Chief
Bruce Boogaard, City Attorney
James Espinosa, Purchasing Agent
I~:.-:: s,,'w-;:
Sllfl1tlf'''f ~ ~ tr"'~.f"
11-</
COUNCIL AGENDA STATEMENT
ITEM TITLE:
I~qs/p
Resolution Amending the Sweetwater Park Project Agreement
with the State of California
Director of Parks and RecreatioV
ITEM /)...,
MEETING DATE 1/12/93
SUBMITTED BY:
REVIEWED BY:
City Manager ~
(4/5th Vote: Yes_NolO
In 1984, San Diego County transferred Sweetwater Park to the City of Chula Vista as part of a
court settlement. The grant agreement which indicates who will operate and maintain the
parkland was never amended to provide for the new ownership.
RECOMMENDATION: That Council authorize the City Manager to execute this amendment to
the project agreement with the State of California Department of Parks and Recreation.
BOARDS AND COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In 1979, the County of San Diego received a matching grant from the Land and
Water Conservation Fund Act to develop 22 acres of land as a community park, to be known as
Sweetwater Park. In 1984, the Park was deeded to the City of Chula Vista.
.
The San Diego County Parks and Recreation Department was recently notified by the State Parks
and Recreation Department that an amendment to the project agreement was needed to clarify
the change in ownership.
Under the terms of the attached agreement, the obligation of the City of Chula Vista is to
maintain the property described in the project agreement (Exhibit A) consistent with the Land and
Water Conservation Fund Act, in perpetuity.
The City Attorney's office had concerns regarding the flood insurance requirement and the formal
bidding minimum amount of $10,000. The California Department of Parks and Recreation
responded with the attached letter (Exhibit B) indicating flood insurance as a requirement for
structures in the flood plain and the $10,000 formal bid requirement applied to the County during
the construction. The City has flood insurance in effect, therefore, this requirement will not have
any fiscal impact to the City.
FISCAL IMPACT: NONE. The amendment is primarily an administrative housecleaning to
properly record ownership of project area.
swater.a13
12-1
RESOLUTION NO. (&/150
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE SWEETWATER PARK
PROJECT AGREEMENT WITH THE STATE OF CALIFORNIA
WHEREAS, in 1984, San Diego County transferred Sweetwater
Park to the City of Chula vista as part of a court settlement; and
WHEREAS, the grant agreement which indicates who will
operate and maintain the parkland was never amended to provide for
the new ownership; and
WHEREAS, the San Diego County Parks and Recreation
Department was recently notified by the State Parks and Recreation
Department that an amendment to the project agreement was needed to
clarify the change in ownership; and
WHEREAS, under the terms of the agreement, the obligation
of the City of Chula vista is to maintain the property described in
the project agreement consistent with the Land and Water
Conservation Fund Act, in perpetuity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an Amendment to Project
Agreement No. 06-00452 for the Sweetwater Regional Park Development
with the State of California Department of Parks and Recreation, a
copy of which is on file on the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager of the City
of Chula vista is hereby authorized and directed execute said
Amendment for and on behalf of the City f Chula ta.
Jess Valenzuela, Director of
Parks and Recreation
Presented by
F: \home\attomey\SWeetPrk
12-2
LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT
Exhibit "A"
I. Definitlonl
( A-
..
C.
O.
E.
F.
G.
H.
I.
J.
II.
(
(
The term ..NPS....... Mrein "-II the NmonII Pwk ServicI. Unit.:l StMes Dl~ t.......tofthllmerior.
The t8m'I ~irIctor". '*'IS herein ~ the DirIctor of tht _tone! Pwks.nricll.Of-.vnp._..tlI6IM&awfuIIVde,...tld
'1M eumoritY to ect for aICh Dir'KtOr.
TIw .", "LiliIoft OH...... . UIId ......n ....,. the c.lifomil Dnr:tDr of Pwk& INS "ec::rwtion. or atNr SUte officer .s
"i~ by 1M CoAmOl from tirM to time Iftd ~ Dy tM State ~....
The wnn ............. UIICII twNin ......... the NMionIII hrk s.mce .....,.1. formerly 1he au,... of Outdoor Recreation
_l~ _ion_n-Aid Monuoll.
The term "1troiec1".. UIId twwin....... the IIf'OiKt or proict...,.wn:....ich is_ IUbiec! of ttliI.......nt.. defined in
.... I'rojoct "'-I.
Tho...... "l'rojoct "-'" ..- .....in __ .... form ..... 011 __ _........ .- to.....ibo..... ...Im...
the COlt of pl8nni"l. lClQuilition, or dwelocamem project fn.. with tM L.iIliIon Officer In IUPPOn of en .-pliClltion for
fIdIrIl finencill ..manc:e.
The tem'l "Itatt.. . UIId ......in ~ns the lIMe of Cellfomil. _'or ill Off...1 ,...,.1MiYl. the Dep&. ..mint of 'arks
.., RlCf'Mtlon.
The term "Participent" . .... ...,.in rMlftI the rwciPient of the fedtrll fundi to be diiDurwd in eccordancI with the
wnnl of this ......,..."1:.
The term UStlte Fundi" .. \1M herein met'" thole moneys mede ewillble by the State .. mMChing money for proiect.
und.. the UncI .nd W.... CO_ion Fund Act of '185.7' Stet. 197 11t1641.
The ...rm uLe-.d LInd" or ..~.. .. UIId twein ...,. IencI ..... from IN Fec:iwaJ Gowmment.
Condnui", A__
Tho parti.. ,.. the project ..._nt ~lcally .-gniu thlt the L8nd IftlI WIU. ConIefYltlon Fund lllinanco
project __ .. abligltlon ,.. lMi....in the propeny cIacrlbed in the project ...../flllnt oomlnant with tho
L8nd and WIU. eo..",ltion Fund Al:llftll the foil_I", requi,.menu.
Further. It is eck-*l;-' i_ of the ...,au hInto thIt NCiplents of _iSUnCO will \III moneyl ,,1nt8d h...
und.. for the pIIrpoMI of this .wo..-. IftlI thlt _1_ ..... frfIm the Fund will ,..It in I nit increase.
oom_..u It ~ with the s_ _....,.. In . I*ticiPlnt'I outdoor fICfIItIon. It is i....ndId. by both
plrti.. ho..,.. thIt __ frfIm the Fund will blllIdIII,... rIther thIIl.._ o. blaabnitutld fo.. S_.nd
'-I outd_ -uon fundi.
A.
The panici""t ..... .. rwciPtent of this ..iance. tNt it willll'lN1 the following lPKific l'eQuiremenu end thI terms of
the project ....-mInt.
..
The l)II"iciNnt...... tftat the property dacribld in the projtIct ...._....nt end the c:IatId lH'OiKt boundlirv map midi "I"
of thlt egreement i. being KQuirtCI or ....10Pld with Lind Ind Water Comtrwtion Fund Ulinance or il in,..1 10 such
ecQu~tion or dwllooment. end thet. without the ~I of tile LiaiIon Officer. the DirwctOr. and/or the Secretlry of
the intmor. it._11 not be corwemd to Other ttwnlMtUC outdoor rwcrwtion ... but "'11 be nwin1lliMd in public outdoor
recrwtion in l*'PIItUity or for the twrrn of the... in .... of -..cI property. 11te1h..._ it ....I_row MICh COft\I'tI'Iion
only if hi finds it to be in ICCOI'd with thI thin ..ilting ~1.IM,,&iW __..... outdoor rwcrwMion plen'" only upon
~ COftCIitiona. he dMmI. ... to -.re "" IUbRiIution of other ....150" .......lift of at ~ 1QU81 feir merket
w'''' end of ~y t1QuhJelent .-ful.- .... 1ocIItion. TIt. IJpr. I ...l tInd bIcofMIlUtlliKt 10 IIction 8(fl 13)
protICtion. TN ~I of ........bI. nil... 81 IN tOle d.....,~. of tM ~._lf. or ft.......... PriOr to the com-
plebon Of _ 1WOi1Ct. .... ....lcipInt. .... ~ Offiolt'...... .... D_ -. _Iy _.... _ J _ in th.
projIct ............t end the __ projtct: 1tIlou1llllM'Y..... 10 IIf"O'lfidI' the.... ~.~r~b;).1' ......ic outdoor NC:NMion unit,
_-_-..........--.CflI31"'--Llo...F--...--.
In the ewn' the HaloNl Pwk IerviDI ~ L.and end ..... C&..._ _dol. Fund . h. .. for ... 811QUiIition IJ1wJ/or
dl'lilll.,4 .....l of propertY IUbiICt to,......, .........with _111II1lO.... J_ of __ ....Iiol.., ......... eonwrsion of
laid IIf'CIPWtY ID oiNr ....,.lMIbIic....... .__4\...I.........n "'... ,....._1' ............ _A-d it~-
1l"OWCI. In fWIIIn of tills........ .... p..oIl' or II....-....cIty...... of.. _~....41_..1OOft .lNIIIible end to
.-Ie ~ of ...~._.l""""" In __...,... .......... IMfWIh .__,.._ bdana. The,... re'. 1.tfunh.r
...- to......... .,.. ._.t whhin.. ~'1 ..... '" time. r:d'1 . ...............conwnion of
......-rv......... The PlO...... of.. ___-.II................ to: '-di)o__....ulf"Ildend/fK__loped
whh Fund _11". ..... .. __ II ..,. 111 ~ ....or tD Ie: full wm .. 10 .. ..._~_ '" lM1WiIionl in IUCh ....
_ ..... ...- tD by .... _:..... ..._............ tD _ -.................._ _..., .-,It in.
........lion _ _........- tD by"'_.
2
12~J
C. Tho porticl_' _ tho< "'" _it to III _Iwd by "'" _ _ "'" full _1_ by .... poni_, with th.
.",. of this .._..."t is the _..Nation, IN'ONCtion. end the M'l -...- in ......itv of public outdOor ,.,...tlon
f..i1itios..... _... with ... _1Ib1. to "'" ~. of .... S_ ..... of.... Unitlod S_...... _ _i'._ '0
en ~...rn .Il_rlb" end u.......rIIIbte extent IN -"OUm of money furniIhId ~ the Stale by wev of.-n.nce under the
..".. of mil ............1. The .."icipent ..... that ~t by '1M .-lJ or "'l to thlll:8III of en emount lQual to the
.-nount of ~ l,.,tI...cIed under \tlit -._.41\.1 by ttw ... would tie ill . ~ _ ~._4ion to the Swn for anv
...-..ch Do; dw .."ic6pent of "'..._.....l. ThI,..lo 'f il fw1Mr..-. Nt _......Ie~ in tMtwnt of .
breKh by thepentcipMt of th....~t nil bI the lI.ifie .....L..__ of thiI..._.....t.
D. Tho ponicipont _ to -v with "'" IIOlioios ..... .._.... _ ill... _ .....k _ G......-in.Aid
lIIInual. "'cwiIionI of IMd 1IIIftUII.. i._~...d IntO ..medI.1*'1 of "" proiea .._._..t.
E. The ..,uciOem ..... thai: 1M property _ flcilitiel' iMd in the prajIct ..._.....l...1 be....... 8ftd tNintained
_Ih_ ~ by ........,.ll'lQUiMIMftU:.
F, The .."icipent: __1hM. _.._..ill'8CDl'd ..II" t-.n in tM.-," ,l"public praperry rICOf'dIn ewailalblt for
public i_ion to.... _ _ tho _ r _ in .... _ of............. __._.n.......... _ DrOi-
tIounderv IMP "... pan of Nt ...~~..,.t. .. been _und Dr JiL.rll r . with &..d MId W8twr eor.rwtion Fund
_i u".ct and Nt it mnnot 1M 001/\...... toother~ public 0UId00r .__Uw.. ..-withoUt lhewrtnen ~l of the
UIioonOff......"'" Di_.OIlctI"'...._...... of....'_.
G. Nondilc:rimil'Wtion
,. Tho ponio_' ....1' _tv _ Tltto VI of .... ;:lvil ....... Act of ,_ <<P.l" 3521 ..... In _.... wl,h
Titlt V I of thet Act. no .-non In the United S..\ thell. on the .-ound of r'8I:e, religion, color. or national origin,
txcllolllMd tram .."ieipnion in. be denied the beNrfia of. or be od'6..... ..bill*' to cfilCrimination in the use
of any JW'OI*tY or fecilitY ecQuired or dewlOPMi punuent 10 the project ......nt. The .-rtic_nt ....'1 imrnIdiltely
Qk. any rnNIUm ......rv to I'f'f8ctuan: thil provision. This MlUrMCI ..,.11 be binding on the .."iciNnt or .ny
poJlticlll subdivilion or other eppropriltt pUblic III"CV to whict\ Fund -..nee or property ecQuirwd or developed
with Fund Mlittanee '* been trenIfIrred for public rwr:Netion I>>UI'POIII.
2. Tht penicipant lhell comPly with IJtll VI of the Civil Righa A.ctof 11M (42 U.s.C. 2000d1 proh;ttitingemployment
discrimination where (1) the cnimerv PUrpoM of . pant is to IM'OYide .-nployment or (2) dicriminatOry employmtnt
Pl'lCticft will f'IIUlt in unlQuel tratment of personl who .. or should be benefitting from the trlnt..idId lCtivitY.
3. The c-"iciJMInt thell comply with the l'WIulationl and guidelines promulllUd punuent to the Civil Rightl Act of
1164 by me Secretary of the Interior end me Netional Park Service.
4. The provisions of m. first three peregrIlDhl IIPPIV to any "n of the rec:rution sysrem within which the misttd
fKilitV or property Ixins.
5. Tht PlniciNnt shIIll not ditcriminatt .inn eny ptr'lOn on the bail of ....idIncI. ._cept to the txt8nt mlt rtl:lOnlbl.
difftNnc:ft in Idmillion or other fttI mey be meinuined on the bItIil of rwidlttC8 . lit forth in the manuel.
III. l'rojecn A__
A. Applicabl. Fed,,..1 Circuli"
Tht Stitt shill comply with IPPlicIlblt regulations. poliei... guidtlines .nd rtlQui,.,..entl including OffiCi of Menegement
end Budget Circuli" No. A.102 (Uniform Idministrative reQuiremenu for F8"U",n4id to Stm and localgoYlmmtnul, Ji".
,,-8' (Cost principles for St.tt and 10C81 gowrnfnlnul, end ...128 (Audits of State end 10CII1 fOWrnfnlntl.. thty rel.tl to
the epplication.lCClPtlftCltnd ua of Feder.t fundi for thil ftdarally _ined proiect.
8. Pr~ilCt ~pC$l1
1. The project SWQIIOIIl for Stlft _~ bllring tht.-neprojtc1numb1t...__,..AtIndMilDCitted documents
is by thil.."".,," fNdI. PI" Of thil..._"ent.
2. The PlFtM:ipent P .. ... IUthoritv 1O..tv for 1M.,.nt. end to fl...-Ind COftIINC't 1M ~ 1..11 r .... ftciliti....
A NIOlution. motion or limiler lCtion .. been duty ~ or .... lUIftoriZi"l the filing of the proiect
_I. Inotucli.. 011 "........41... ..... __ _..... _n...... C1-.;ng..... _11l............,n
identified. the officii! l__..~llw of the .- Lk.....t 10 ICt in ......l'io.~ with w I'IIOiKt: IWaIIOIII end to
~ _ _I'_lnf_ion......... _I.....
3. Tho ponic:ipon, .... "'" IIblllty ..... _ion to 11_ .... __ _ of "'" _ fO< .............. IIllfleion'
fundi will be twi..... to -..,. tffectiw ..-iOn 8IId Intin___ of the faciltt" _.'Ii.. or ....1. Id by thl
.........
C. I'noioet E.....'ion
,. hit ....._. ~ by "'" ponios__.....__.....'_i_........_ofc.llfomiofunCllfO<....__
COItI dtlcribld herein. The ....11.:..PUll MrIby prom_. in..Ol U ~. of.. swam_...... by." Li8ilOn
Officer ....1". . execute the proiect..... ibid .......". In ....4Q,. witIII .... ...... of "'.. ..,..,.nt. Any
C1iDl_ _ _1_1lI_....-..... _1__..._by....UIioon Off....._
.... H.lIonel ...... _. TIIit Item _I _ _tv _ "'" _r'J .,.... _ of "'" _ of CoIlfomio.
3
/,;-1/
(
2. n. Lieilon Off_ ..... prom... in ..o.l"dlrtt;on of the prom_ fNdI by IN JlWIiCipInt .....in. to 8CCePt
___ _ _ for _IIU_ of _project IIld dial.. __... ___I_t up to
10 _ of _ e1iglbto project ... not ... _ SO _ of _ d.... project... _ ;n tII;. _nt;
__ for a..-" for adm;n_....... ba _1*,....1oot __ __ of diNct e1;g;bla _ioct COlt..
The IUI"CttIrgt it to _ .......~ from the ~11,... from'" ~ Ca.J...""6..t -.aplicllble to this
IM'OiKI end will be ~ at 1M ,..,..1'1 ... D "lid IUI'CIW'II ,.. in effKt. the time the billing it lUbmitUd to
the ,..... Go.!. ....~"t. .
. 3. T1w praiect period tMll ..in with 1M data of IPPfOlMI of 1M JII"DiIct ...._.Ant or 1M etfIctivI *'" of. Wliver of
_lvI,., IIld _, ,"""Inata at _ ond of __ or _........ project _ un'" _ll'Oioct iI-'lPlotod
or wmi__ IDOftIr in which ......n: the project .....iod "'1 ... Oft the dine of GDII'IP1etion or wmination, For
projocl -.. _ ... a __ prajoct. _ prajoct _ will _n on _ _ _ prajoct _nt I.
"'4Ad.
... TN .-1;.;.I~Ft witllC8Ull work Oft the PI"Oict: 1D III _.,,~..__ within I. _'I timlafwr..-iPtofnotificatiOrl
_ _ __ _0._ 1Ild..... _ _ projectwUI iso...-......_wltll_lodiligonce.
5. Tho S_ will ....ul.. _ faclUt'( ... ba -.- ... _y _ ___... Iarrion Act of 1.. (Pubic Law
.0....))._ 001 Section 11M R8gu6llionl (43 CFR Pwt n.. ,......willblr..UfI.ibleforconductlneiftlPlCtiOns
by the _.l,_tl"".
eo The ~ ftI'lICUfec:omptftion ofttwworit in J ~1lOI-"".-._Ad ~ ItIem.-.1lP1Cifications.
and _1___";'" 011_1_ _......._ _1Ild _lotion..
,. In the event the lWOiect cowwec:I by the cwoieCt ... _....nt. .including tuture..... of the ptaiKt. C8nnot be compleftd
in aacordancI with tN PlanS end --=Ificltiona for 1M P"Oiec:t: the lIlIr'riciNnt ......1 bring the proiect to _ point of
recrwtioRlI ...-fu'MII ....-a upon by tne pe"iciPlnt end. the OitwCtOf or hil deligMl. .-nd the UIIison Officer.
8. The pertici.-m will provide for end ....intain QAmCllle..t end .ac.uan erchitec:tural engineering IUpervision end
iftIpeCtion at the COftItT'UC'tion lite to iNure thIt the COII'\CIoI\..-.4 work conforms with dI. IPProved pl.ns .nd
lIMCificltionl: met it will fumtsh Pf'OFISI rwpom end -..ch other infOt1Ntion . the NPS may rwQuirl.
8. . The SW1ic.nt will compfy with the terms of Titl. II end Title III. the Uniform Relocation AIIisunet end Rill
"'-'tV AcQui.ition Polcial"''' of 1870 (P.L. 81_1." Stat. ,.. 118701. one! __'icablo regulotion. ond
Orocadures imolememing wch Act for III ,..1 0f'0PIf'tY ecquilitions end where eppliclbl. shill allUrl thlt the Act
haI been complied with for property to be ..~ with MIiIrance under the oroiIct ....,.,.nt.
(
10. The ","iciNnt will comply with the provisions of: Executive Oider "". reltting to hlilultion of flood hlurds:
Executive Order 11288. relltin8 to thl prevention, contrOl. and .tl..1OIl:ln,nt or...tar OQflution, Ind ExecutiYl Order
11180, releti"8 to the orotKtion of wetlands.
11. The ",rtic:ilNmt will comply with the flood in..ranee pu~ requirwnentl of Slction 1024.) of the Flood oillSfer
Protection Act of '873. Public Law 83.2:M. 87 Stat. 875, _'0.... o-mtlo, 31. '876. Soctlon 102101 ,""U;'H.
on end .tter March 2. 1175, the purcftlu' of flood inlurwnc:e in c:ommunitiel wMre we;h insurence il lVIIillbl. IS I
condition for tftI ,..iptof eny federll financilllAittWlCl' for ClOftnructiOn or lCQulsit;:;.n OUI'OOlll for use in .ny
..... that h8I bien identified by the S1cmery of the Oepemnent of Housing tnd Un:-n Developmtm II In lrea
hiving lPKitl flood hlurdl. The pI'I'" ....., fi~ial _iItanCI" includlleny form of lOin, ..nt, 8ulrlnty,
insurence "yment, rebllte. lUbIidy. dilllWr .unance IMn or .-nt. or tny other form of direct or indirect federl'
_nlnee.
12. The ""icipant will i"",... thIt the fecilitiel under its ownershiP..... Dr lUl*Yilion which shill be utilized in thl
eccomplilhrnent of me project are not Iiltld on tM E"vironmentlll Protwction AetncY'. tEPA) lilt of Violltin;
F.citities, pu.....nt to 40 CFR, Pe" 15.20 end that it will notify .. Sute end NPS of thl receipt of Iny
CommvniCIti=~ from tftt DirKtor of the EPA Office of FIdIrII Activities indiclting mat. facilitY to be utiliztd in
the project is under conaidlrltion for lilting bY the EPA. The lWticipent ...... to complV with all appliClble
mnderds. CWftn. or NlUlniom ..... OUnuM\t to the titan Air Act of 1'70. The perticiNnt further .... to
i,." tt1i1 ct8u. into any contrIICt or Jut.x ,t,_l'Ift..... of "00.000. .
(
13. Tho ......k:lpont..;lI_ __1Ild NPS ..111_.._ _ Soction l060t ___H_r._..at;on
Act of ,.. ___ (18 U.S.C. "'01. I_I.. 00tIar 1I6113.1Ild _.....,".I"'~.11Ild HistOric _ion
Act of ,.. lI6 U.s.C. _1 at ..1 by (aI_it... witll _ S_ H'-Ie "'_-'Ion 00_ on _ conduct
of _...io... _ . . ,. ... _Ify ...-.iall_ 1ft or 0I1gIbIa for __ ;n _ _ ....i_ of
H_ _ _ ... aubjoct... _ 1_ CFR .....100.8) by _ activIty.1Ild notify... _ -., .....tor
_ ot _a._ of any _ ..._....1Ild by'lbl ~Ing - all __ __ by tIIo
___..._ orm.....____...-._.
D. ConotructIon c...~_.... for by _....11<1...." _I _ _ Pol........ "--,
1. Comtacu for _;n 0_ of .10.000 _Iba _ """"'" a _ of _dol.. bidding 1_v1ng
_I _ising, _ _....-. ~.Ion. _ _. IIld publk: _.... Copial of all ad,,""I..
_._.ando-.of___lba__foril. _by_D_IIld_~.
2. The peniciPem ....... inform .1 biddIrI on ~..._t. tor _ thM ....... funds .. being UIId to _in in
conrtrUCtion.
4
/ ,Z--S'"
3. Wrlnen CMnge onHn Nil be itIued for III ,...rv chIIngII In me fecility being c:onttrvCttIdundlr contrKts of
'10.000 or monl. Such change orden lhall be mMIe . pen of the praiKt fUe encIlhould be k-.:>>t avttil8l?le for audit.
4. ContrlC'tl for conaruction "'1 metude I IWOViIiOn tor COIfIIIlI__ with "" Copeland ooAmi-Kickbeck" Act (18
u.s.C.I7.'.. pp' ._.ttd by DIp.nmon, of ..- __121I CFR. """ 31.
I. Tho _ipom will CIIITlllIv _ _ __, ._..... of OMI Circulor A.'O:Z. A.-mon, O. .._, 10.
IW'OWiIions reta1tId 10 carnplillnct with Devil ..... Act ...............,. ..... NlQUlrwd by I program providing
.,pp6lfnena;1 funding). Should IUPPIememaI funding be IIfO'IriCIed wl\ich ,,"ui" compliance with Davil Becon Act
NQUlrements, ..I c:onmvction contr'KU ..rdlld by the ...'" and ...,..,.. in ._ of S21JOO shIll include I
provision for c:cwnpIianca with IUCh Act (410 U.5.C. 27. to ..1. encI . aupplemllnted by Oepenrnem of L.lbor
__.. (29 CFR. """ II.
, ,
I. The pertidpent ......, ia__.b.. or au. to bit incDl",.-d. into all canrtruetion ~OMt_t. eac:elding $10.000
I_I..... 101_1.. """,islonS:
-Duri...... portomonoo of "'is c:ormoct .... oon_ _.101-.:
.'(1) The contr8CtOf' will not dilc:riminne _nst ...y employ.. or .-aiclm for ernptoymlftt .... of ,..c,.
religion. color. .., or natiorW origin. TN ~..t._l.... will .. affirrMtM IICtton to ensure thet eppliclnts
.. employed. 8ftd that employ_ .... tNMIId during ....-vfMftt. without .....,a to _Ir fIIClI, Cl"ftd. color
or noli_ origin. Such oction 11Io11 _. 1M" _ lit 1_ 10. "" 101-": ......Ioymom: _,od:"ll:
demotion or tr8ftIfer: recruitment or recruiUMnt 8dwertiling: ...,off or .,.,iMtlon; ..... Of pay or Othlr
forms of ~naation: 8ftd ..ection for _nlng. inducting __...l~ip. The contr"8CtOt' ...... to polt in
Il:ONDlcuous pieces. ..ilabll to .-nplo~ end ....icentl for ..'oyl'l'lltlt, ftOticeIlO be provided bv the
contr8Cting off.... .ming forth the prcwilioftl of this nonaiacriminetion CIMI..
..12. The contrlCtOf' wilt, In .IIIOI;cllftloftl or...... l.;..menu for employ.. placed by or Oft tiehatf of the contrlctor .
It8ft thlt III Quelifi~ IPPltcenU will Neel... aonlid....tion for employment wlthout.....rd to race, religion.
color ."x. or national orllin.
"131 The COntrKtOr will IMd to eech I8bor union or ,..,....t8tM of work.. wim which h. has . collective
berplninl ..,..."..1"' or Other COntrIlCt or ur4...t.ncllng. I Mta.to be provid~ by the ...ncy contracting
officer. adviling m. lebOr union or work..' ,..."....nmive of the contrKtor's commltl'Mnu under Section
202 of e.acutiv'l Order No. 11246 as amended (3 CFR ,. 111741. and shill polt COPi.. of notices in
eofttpCYOYI plecelewilable to ernptovNl .nd .,..Iic:llntl for employment.
"141 The contractOr will comPly with III provisions of Executive Order No. 11246. .. .....dld. Ind the rules.
regulations. Ind relevant orders of the Secreterv of L.Ibor.
"(5) The COfttrKtOr will 'ymilh III information Ind reports rtlQuirwd by Executive Order No, 11246. at amendld.
.nd by the ruf". regulations. Ind orden of the Secreurv of LIbor, or punuant tMreto, and will permit
ecc:ea to hil book., records, Ind accountl by the contr8Cting ...ncv, the Satt, and the Secretlry of L.abor
for I)Uf1;)DMI of inY'lltitltion to lllCer'Uin COftIplience with IUch rules, NgUlltionl. .nd orders.
"16) In the h'ent of the contr8CtOr'l noncompli.nce with me nonditerimlnation ellU" of this contrect or with
Iny of such rul.. regulltions. or orden. this contrKt may be canctt~, terminated. or SUJPeftdld in who I. or
In pen Ind the contreCtOr may be dIcI..... lneligibl. for furmer gowrnment contrKtl in eccordlnCI with
procedures authorized in ExecutiYl Ord.r No. 11246,. eml.ded. 1nc::l1Uctl om.,. unctions mtv be imposed
Ind remedies invoked u provided in Executiw Order No. "246. lIamenOld, or bV ruin. regulltions. or
oreler. of the Secrftlrv Of Labor. or .. otherwise provided bV law.
"111 The contreC1or wilt include the provisions of ~s (11 through (1) in every IUbcantrKt or purchase
order unleu.xemPttd by rYI.., .....lations. or orders of the s....._i of LIbor iaued punu.nt to Section
204 of EXICYtive Order 112..e. . .-nendId. 10 thet such provisions will be binding upon nch subcontractor
or wndor. Tt.. contrlCt~ wiil take such ectton with reIDKt to ....y 1lI'b"~D .(tKl or POIrcf'tuI order .s the
contrecti", I9I""=Y may di~ . I "..ns of enforcing IUCI'I prowisions including _netions for noncom.
plienca: Provided. however. the'( in tM twnt "" aon1nlCtOr taecorMIlnwNwd in, or is thruttntd with,
Utigltion with I .. b C" a .H._.or or wndor . I ,..,It of IUCh cfiNction by tM COfttr8CtI", egency. th.
contrICtOI' I'nrf rllQU8It the United .... to ...., into such litilltion to proteCt the i~ Of the United
I......
7. Tho ponic-.....i1 ('I_v.IdI.... _ _in __ -rtiotou'by _'.121 _in ond
Ul.Q .tl.lICtiwty with '1M ~.t.... of 1M Interior end _ ....._.. of LIbor in oI::aining the complience of
ODntreCtOfl end ..mnl.l._~1 with tM IIbo'lIIe IOMI'IlCt 1II"G.1IIoI. end wtm "" "'... NgUIationI, Md rellvent
_ 0' .... _rv 01 "-.131 _n ond fumiolllD "" ......~. of.... I_or ond 10.... Socmarv 01
L8b0r IUct'I information. dWy mey l"IIQuil"l for ... III rl. .IelD" of aICh .".pI..... 141 enforce the obligation of
OO..l.-,1.~' end ". L ..,_b-os under IUCh 1N'04iIIcM., N". .....11Iio.... end ordIrI. CI. .,.., out .-nctionl Ind
.......Itiel for viotMion of IUCh obligatioN .... ..-n _.~_t\.... end po L ,b_l_1 by tM Statt, -or the
......... f of "-r. or.... _..... of.... 1_ _ 10 """ II,~ D. of _.. 0nI0r No. 112.-&,
. ......IldecI, end Ie. ........in from entering tnto.., 0DI'IU'Cl wfdI. _....__ .......... from 10.-. ._.4ftt contr8CtI
_ """ II. ~ D. of E........ 0nI0r No. ,,_.. _.....-. 1ft __..... _1_' _ thO'! :1 i,
"ill or _10 _ _ _ _.......... _!NY _ _ or III of.... loI_i.. _ions: ConeOl.
wrminen. or ........, in whole or in PIIrt this ....t; refrain from ...~....ing eny furtMr ..m.nce to tNapolicant
under _ .....,..." with ,...ct to which the faliuI"I or I'I'f.- 00CUf'Nd until lItitfectorv ...ranee of fUNrt
compliance .. been ~ from IUCh IPPlicent: and ,.,.. __ _ 10 the aIP_ ...._I.t of.latice for approprilte
....' _I....
5
1.2~'
"
E. Conflict of ..........
(
1. No otficilll or employ.. of the caenic""t. ..... or ""'1 Gowmment who if authorlnd in his offici.1 ClPKity
10 negotiate. makl. -..n. or ~ow. or .. I*'t in _ d1cilioni fWIIII'ding . contrllC't or IUbcontrKt in
_ion _ "'illWOioct _I _ ony f_ or__ _ in___or _.rect.
2. No.-.on...,torming .... for the .- .. .l in .-._..tiwn with tIIIit IM"OiICt "'1 hewI . fm.nci81 or other
....-.onet ...... cnMr 1fIen his ernDfoyment or ...~.lk)n t:Pt the ....'J;iClUll. in .rry camr8Ct or IUbcontrKt in con.
ftICtion with thillWOicl. Nooff_or~I"4... "'such 1Iet"IOI'''''' by ......,.. .t "'11 hew...y finaneilll
or atNr ....... inI8fWI in any ,. Ilif'QIMrtY eDQUil'lld for this I\W'DiKt ....... aueh ~ is QCMnly diKlOIMi upon
tM public recorda of '1M CllIttiCIDInt. ... ... otfar. .......-V. or IIlII'IOf' ... not i*1'icipMed in the ecQuilition
for or on ......1' of tM .... {I ;pent.
3. No __ of or....... to ~ _1110 __ to _ _ or..... of "'iI_n.. or to ony .....,;. to
trill hIo~..;,tpC.". un_ such benefit Nil be in the form of en ...__-"1 "... with . ~ion for its gene1'81
blInI'fit.
ill. The .- t'rl9l"'II. 118tI. ~ me DirectOr ..." be felPQftlible for ..-forcing the -.ow conflict of inw.n provisions.
F. _...'"
The perticipWtt will comPly with 1M provisions of 1M Hatch Act which providft th8t no otfic:ef or emplOY" of the
Plf'ticipent ~ principal employment it in connection with any KtivitY which il fin.nctld in whol. or in PI" purlulnt
to mil ..._.4m nIl tilt. PIn in eny of the polital ectivity prescribed in the H8tch Polltal ActivitY Act. 5 U.S.C. Sec.
'18k I1ttW). with die IXClPtionl therein enumerated.
G. Proj... Corts
,. ProiRt COItI Iligibll for ..manca shall be dI1ermined UPOn thl buil of thl criteria set forth in thl manu,l Ind
OMS Circul'r A-87.
2. The ...-mtnt may includl the u.. of thl indirect COst 1"8tl currently epproved. in KCOrdenCI with A-87. for the
pa"icipant thet is a partY to this Ifreernant.
H. Projaet Administration
(
1. The "niciplnt shlU promptly submit such repons .ncl documentation.. thl Director or L.ilison Officer mlY
reQuest.
2. Any moneys advanced to thl panicipant Ire "public moneys" and Ihall be deposited in I bank with FDIC insurlnce
coverage and the "lances exceeding thl FDIC cover. shell be coltaterally leCuracl as proviCfld for in 12 U.S.C. 265.
3. The participant shell u. any fundi recei"'<l by wey of advenct ....,mant from thl State under thl terms of this
IJIf'"n\Int solelv for the project or project IU9I dllCfibld in the aoramlnt.
4. Properti.. Ira fecilitiellCQulred or develOSMd with Fund lIIiltllncl shill be lveilable for inll'lCtion bV thl Stlte or
thl NPS It such intenl8ls11 thl L.iaison Officer or the Director shall reQuirl.
l. Retention and Custodill F1eaulremenu for Records
,. Financial records. MlPPQrting documenu. ltItistiClI records. ai'acl III other recOrdl pertinent to this grlnt shill be
fWtlined for I I*'iod of thl"ft yurs; IXeept me records snail be retained beYond m. three"Vur period if .udit
findings haw not bean rwolVld. .
2. TIlo ......ion _iods...... from .... ... of .... finol ._iN" -' to< .... project Of .... _ide.... projec.
ot_.
(
3. ItMe end Iocalgo._ I..._..t. ere autnoriZlld to IUbltitvte microfilm.... i_n lieu of OriIil"llll records.
.. ". Uei.on Officer. a.-.~y of thllntwior."1M ~..t\.~1Ier General of _-United ,.... or...,. of their
clulv euthorind .___..tli.lMl. Nil ...... ... . IftY boOks. ~ -..,tI.. ...... end rcordI of the .,-riciJ)llnt
end "'ir ~... which ere pertinent to . .-:Ifk CIlI'Oiect for the pu~ of mlking Mit, euminttion,
.---.
J. '-oj... Torm_ion
1.. TIlo Lioilon Off_ of.... 0;_""" _11y _ ..... _ _.........itct pondl.. _ive
lICtion by thl pet1icipent or pending. dIciIion1O wminlte _.-ant by tM NPS or the StatI.
2. The perticipent m.v uni........ly wrmlMte 1M IWOitlCt or conaoIideted profct etImInt It lilY time prior to 1M fint
Nyment on the project or conIOIkiattd project element. After the initial peyment. thl CH'OiICt may be terminatld,
modified. or .,....4ecI by the pertic:ipam only by mutual ..._._nt.
8
!2~7
3. n. u.IIon 0fftclIr or IN Dnctor INY t8rmm.t. 1M JM"OiIct in whole. or in pm:. at ."y time before the date of
~.... ~...., It II ......inod _ "'" _ ... f8110d lID _y _ "'" __ of tile .....t. The
~ 0fIDr '" D_ will promptly notify "'" _.1 Jr.. in _... of "'"......_ _ "'" __ for
1M tlnftiNRion. toIIfther wf1tt the effMtiw...,..,..,.. nwdI to'" ....I.~.r I .t or ..uc. . lei by ttw Sw. under
........... __ for _ _1110 In _ with "'"......._ _ _lIdo1 of "'".......
.. The Director. ..... or ... t.. .L. IMY ......... ....... in ...... or ill ..., . -'Y time before tM dati of !:Om.
pin.... when both I*'tiII ..... tt.I 1M continuation of .. IWOitct woutd not CIII"OduCe beneficial mults com-
1MftIUrM'I with the further expendhurw of fundi. The 'IIlfO I*'tift ..,1 .... upon ... wminelion c:onclitions.
iMfuI:IinI IN effectiW.. .... hi 1M .. of ...... wminmoft conditions. Incfudi,. the effective d8te ,nd. in the
_ of PII"ri8I wmiMtion. the portion ... the eHec:tiw elite... "'1 ... . nwny outII8ftding obIitltions ,.
1ICIIIibII. TN Scan "'8Y IIlow full cndit to thI N-tk;cae... for the ... .... of the f\,oI~all'" obliption..
...-,. _by","_prlorllD__ion.
I. T.....inlItionI either for ..... or for conwnience NQuirw tMt 1he proiecI in .-rion be brought to . illite of
.__u.....oI _1_ ...- lItlOn by "'" ponIcipont. "'" ~ Off.... '" tfIO D......'. '" _ oil fund.
...-bytflO __I'ork _..._.
. 1(. Fund Ack~IA..-..nt
The llel'ticipent will .......~..ntl., __ley in . l>>u.i~N>>V' ... , bronze ....ue whicft ckncwtlldlll und ,nd W.t.r
Coneervation Fund _nance. The pleqwe will tie prowidIId .," 1M Stile CU_rtmInt of Parks _ "ecrntion ,nd its
.....I.a. by me peniciplnt will tie f'lQUif'ld upon init... _..IDCW\tent of '1M ~.
L. _ _loa
The Pl:niciCtent shell indemnify the Stat. of Californi, ,nd its officerl.1lII"1I MCI employ.. ...inst end hold the ..ml
free ,nd h8rmlea from ,nv .nd .11 cl,lm.. demand.. cIerMgn. ~. COlt'. and/or ..pen.. of lilbilitV' due to. or 'ri'lng
out Of. eith,r in whol. or in pan. whither dirtC'tIV or indirectlV. me OI'gIniution. dlvelooment. conltnlction. QPlrltion. or
maintenance of tt\I project.
M. The ""k:iCNInt will comply with tt'l, provisioncl of OMS Circullr A.128 ertIlbli....ing audit '"ui,....,..nu for stlte Ind local
IOvernrnln" mlt receive f.er.IMlin,nCI.
7
1JS1)
/2 ~f'
Exhibit "B"
STATE OF CALIFORNIA - RESOURCES AGENCY
DEPARTMENT OF PARKS AND RECREATION
P.o. BOX 942896
SACRAMENTO 94296-0001
(916) 653-5097
PETE WilSON, Governor
December 18, 1992
Jerry Foncerrada
Deputy Director
Parks and Recreation
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 91912-
Dear Mr. Foncerrada:
Land and Water Conservation Fund Provisions 06-00452
The city recently requested information on the provision requirements of the
above grant. The city has assumed responsibility for all the provisions of the previous
Land and Water project when the land was transferred from the county to the city, so
it must sign the agreements or transfer the property back to the county.
The flood insurance provision is a requirement on all federal grants only for
facilities located in the flood plain. In this case the cost would be minimal because the
insurance is only require for structures. The restroom facility if located in the flood
plain may need to be covered by insurance, but the picnic shelter and other facilities
will not need to be covered by the insurance.
The requirement of a formal contract for a-project of $ 10,000 or more only
pertain to the construction of the facilities that the county constructed under the
contract and does not pertain to future contracts funded solely with state or local
funds at the site. It also does not effect any other contracts the city administers at
other sites.
Sincerely,
~
Barry Jones
Project Officer
/2-9
COUNCIL AGENDA STATEMENT
Item--'3~
Meeting Date 01/12193
SUBMTITED BY:
Report: Request for Approval to Utilize Parks and Recreation
Department Trust Funds for Purchasing Recreation and Parks Supplies and
Equipment Under a Trust Fund Expenditure Policy
Resolution ~C(51 Appropriating $21,300 for Expenditures for Supplies and
Equipment and Authorizing Transfer of Parks and Recreation Trust Funds to
the General Fund
Director of Parks and Recreatio~
City Manager (
(4/5ths Vote: Yes X No_)
ITEM 1TITE:
REVIEWED BY:
The Parks and Recreation Department is requesting to use its Trust Funds to purchase needed
equipment and supplies to support its programs for the community. In light of current and future
budget constraints, the Department must be innovative in managing its resources. To this end, and
as a result of Council direction in 1991, the Department is in the process of structuring a Revenue
Enhancement Plan which would raise revenue for the Department and relieve the General Fund
from Department program expenditures.
The use of Trust Funds for these expenditures is an integral component of a Revenue Enhancement
Plan. The enactment of a Trust Fund Expenditure Policy at mid-year of FY 92/93 will enable the
Department to purchase equipment which will be in place before the active summer recreation
schedule. The equipment will provide additional safety for the users of. the parks, enhance the
summer athletic leagues, and the picnic shelter users, with a more efficient registration system;
accelerate the printing and distribution of the summer recreation class brochure; and supplement the
summer concerts in the park. This report will outline the background and source of the trust fund
revenues, the Municipal Code provisions for the use of the funds, and the proposed purchases and
their justification.
RECOMMENDATION: That the Council approve the use of Parks and Recreation Department
Trust Funds for expenditures for parks and recreation programs under a Trust Fund Expenditure
Policy; and, approve the Resolution appropriating $21,300 in FY 92/93 for certain purchases.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND: The Department has a system of trust fund accounts which were established in
1975 when the Adult Advisory Committee was disbanded. The Adult Advisory Committee acted as
a quasi-non-profit corporation and managed the City's recreation classes, including all fee and
monetary transactions, which were deposited into a private checking account. The funds in the
Advisory Committee's checking accounts were transferred to City trust funds in 1975.
[trustpurj
1
/3.-1
Item J.3
Meeting Date 01/12/93
The trust fund system has evolved to over 100 accounts. For audit purposes, these accounts are
individualized for the deposit of funds for the purpose collected. There are funds for sports, a fund
for each recreation class, and funds for special events. These funds act as individual pass-through
accounts for deposits of revenues and expenditures for recreation class instructor's salaries, equipment
and supplies. These funds also transfer a percentage of annual revenue (approximately $30,000) from
classes and programs to the General Fund, a form of full cost recovery. The majority of the funds
have a low balance due to the pass-through procedures; however, some funds have collected surplus
revenues over the years. The funds are:
Adult Advisory is funded from a percentage of fees collected from all recreation programs and
classes. These funds are replenished quarterly.
Rohr Park Softball is funded from fees collected from reservations made for two ballfields at Rohr
Park (and now Discovery Park). These funds are replenished weekly.
Park Reservations is funded from fees collected for picnic shelter reservations at Rohr Park and
Eucalyptus Park. These funds are replenished weekly.
Youth Basketball is funded from fees collected from registration to participate in the youth basketball
programs. These funds are replenished annually.
The four (4) funds discussed above do not contain any funds collected from the new non-resident
surcharge.
These trust funds are available for use for Department program development, as stated in the
Municipal Code, Section 3.22.010, Trustee designated-Disposition procedures, which states, in its
entirety:
A All moneys collected from participants in recreation programs shall be held in trust
by the director of parks and recreation, who shall act as trustee. The moneys shall
be kept in individual accounts and shall be used, as necessary throughout the fiscal
year for special leadership and/or enrichment of the programs for which they were
collected.
B. Remaining moneys in individual account at the end of the fiscal year may be used for
the continuation of the programs for which they were collected into the next fiscal
year, or they may be transferred to the adult advisory account for other program
development.
C. Remaining moneys in accounts of programs which have been terminated shall be
transferred to the adult advisory account for other oro~ram develooment. [emphasis
added]
2
1.3,Z
Item J.3
Meeting Date 01/12/93
In summary, the trust funds are an on-going source of revenue; the Director has Municipal Code
Authority to utilize the funds; and the funds may be expended for program development. However,
staff is bringing this report forward to the Council to formalize a Trust Fund Expenditure Policy.
DISCUSSION: The intent of a Trust Fund Expenditure Policy is to allow the Department to take
full advantage of its revenue sources to benefit its programs. Although a portion of the policy is to
propose future budgets for the trust funds, staff believes there are current needs to be addressed
before the next fiscal year.
The Trust Fund Expenditure PoliCY:
The Parks and Recreation Department currently manages trust fund accounts whose source of
revenue is derived from various recreation programs, fees and charges. These trust funds, in the past,
have been a source of revenue for expenditures related to support of recreation programs. The Parks
and Recreation Department wishes to continue to utilize the trust funds for expenditures to support
its programs and to expand the jurisdiction of these expenditures to include capital expenditures. The
Parks and Recreation Department will, each budget year, present to the City Council, a proposed
budget for selected trust funds which accumulate revenues from generalized program sources.
In addition to the formalized budget which the Department will present each year, the Department
will, from time to time, expend the trust funds for non-personnel needs required to support the
Department's parks and recreation programs. It is the Department's intent that these expenditures
will have a clearly defined nexus to the source of the funds.
Proposals for Use of the Current Trust Fund Monies and Their Justification:
The proposed equipment requests listed below can be purchased with existing surplus fund balances,
as follows:
FUNDING SOURCES AND AMOUNT OF SURPLUS FUNDS NOW AVAILABLE
A01
Adult Advisory
$25,000
A02
Rohr Park
Softball
$ 5,000
All
Park Reservations
an
Youth Basketball
$ 2,000
$ 18,000
= $50,000
The current requests for Council consideration are:
ComDuters: The past five years has seen explosive growth for the Parks and Recreation Department.
The eastern territories has increased the population base who utilize the Department's programs.
There has been a steady increase in programs, services and the resultant need for staff support.
3
J 3 -.3
ltem~_
Meeting Date 01/12193
However, the Department has lagged substantially in productivity due mainly to lack of technology
to automate its services. The increase in recreation classes (the number of classes has tripled in the
last five years), where participants pay a fee, has brought in revenue which should be now utilized
to upgrade the Department's technology.
The Department presently has five personal computers, two of which are located centrally in the
Administration Division, and three which are used exclusively by employees in their respective offices.
The Department also has three printers, one for central use and two which are dedicated to
individual users. The two central computers are available to 10+ employees who use a computer for
their work tasks on a regular basis. In addition, one of the two centralized computers is utilized for
the extensive mail-in registration program for recreation/fee classes. During this time intensive period
(4 times a year - 2 weeks each), one of the computers is dedicated to class registration information
entry and form printing.
As part of the Department's Three Year Strategic Plan, there is an approved process to de-centralize
the Department's recreation program information and class/facility registration system outward to the
community. As a result of the Strategic Plan, and the Department's efforts to be more responsive
to customer services, staff believes there is a need to de-centralize the registration procedures and
allow the community to register at recreation centers during more convenient hours. This new
procedure would not only permit registrants to send in their applications for classes via the mail, but
also allow them to register at recreation centers that are open as late as 10:00 P.M. It is envisioned
that this customer services plan would be phased in through a pilot program. Thus, the requests
below for computers are the first phase, or pilot program, to extend reservation services into the
community.
Computer (1) (including Software) for De-Centralized Reservations
$ 3,800
This computer and printer will be the first phase of the de-centralized reservation system in the Parks
and Recreation Department. The location will be Parkway Center, where the ballfield rentals and
league scheduling is currently performed. As this Center is open until 10:00 P.M., the community
residents will have access to the Department's reservation system after the regular hours at City Hall.
As a part of this request for a computer to de-centralize services, it would be staffs intent to
purchase computer software for a facility reservations program which will automate the registration
system.
Computer (1) for Picnic Reservations & Software
$ 6,100
At the present time, all reservations for picnic shelters must be processed by the applicant, at City
Hall, from 8:30 a.m. to 4:30 p.m., Monday through Friday. The application process is performed by
the clerical staff manually; computers are not available to facilitate the paperwork flow. During
calendar year 1992, the Department processed 600 applications for picnic shelters.
4
/.3 - If
Item 1-3
Meeting Date 01/12193
The use of trust funds to purchase a computer will automate the park reservation system and the
clerical support functions for the Department. The software requested is for word processing. Any
additional software required for picnic shelter reservations, would be the same software described
above for ballfield rental and league scheduling. The software would also function as a facility
(park/picnic) computerized reservation program. This type of software is purchased under a
manufacturer's license agreement and is appropriate for use in several locations.
The purchase of a computer would upgrade clerical production, automate the reservation information
for filing and retrieval, assist the residents with accurate information regarding availability of rentals,
perform the financial accounting for fees and refunds, and place a computer in City Hall for a
park/picnic reservation computerized network system. Once this is accomplished, it is staffs intent
to continue the de-centralization program by having park/picnic reservations available to the public
in the recreation centers.
Printer (1) for Graphics
$2,200
The Department is requesting an enhanced printer for graphics. Since 1990, Parks and Recreation
has employed a .50 FIE computer graphics artist to design and implement all graphic productions
for the recreation programs. An employee solely designated for graphics work was approved by the
Council because it was determined the technical and artistic tasks which encompass the Department's
graphics were being performed by recreation personnel, who did not possess the necessary expertise
to accomplish the graphics in the most efficient manner. The graphic artist works 20 hours a week.
The main task of the graphic artist is to completely design and produce the Department's fee classes
and information brochure, which is published 4 times a year. Flyers for all sports programs,
specialized camps, special events, and promotional items are also generated in-house by the graphic
artist.
The graphic artist also utilizes special existing software for the design and production of graphics for
the brochure and all program notices, T-shirt design, special event programs, and at times, assists
other Departments in the City with graphic needs (Personnel, Management and Information
Services). The software needs a special graphics component in a printer to be used efficiently. The
printer requested would fill this need, and also support the printing requirements for the remaining
computers in the Department; thereby increasing the productivity of the staff.
In the future, additional computers will be requested for the remaining recreation/community centers,
to facilitate the applicant's ability to access a parks and recreation program reservation system in their
neighborhood during the regular hours the Center is open, which exceeds the hours at City Hall.
The Director of Management Information Services has reviewed this request and concurs with the
composition and type of equipment required for the work tasks.
5
/3,S"
Item )3
Meeting Date 01/12193
Recreation Eauivment:
Light Pole Padding
$ 825
The padding is to be utilized as a safety wrapping around the light poles in the outfield at Rohr Park
and Discovery Park. There is a very high risk factor for the City, and for sports players, when the
light poles do not have the correct safety features which would prevent the potential for serious
incidents. The padding would protect ballplayers who are fielding balls and may collide into the pole,
causing injuries from an unprotected pole.
Scoreboard Controllers
$ 1,300
The present two (2) controllers were purchased over five (5) years ago. In the past few years, there
have been extensive mechanical problems with the controllers. Also, during games, the controllers
sometimes go "blank" and do not work. The controllers have been repaired several times; however,
the same problems re-occur.
Canopy for Stage
$ 4,700
A large stage canopy would be used to provide shade on the existing City-owned portable stage
during City special events; as well as events that the City co-sponsors with other organizations. The
vast majority of these events take place outdoors, and are often conducted when the weather is warm
and sunny. The canopy would provide shade for the stage, and add to the festive appearance of the
special events. An example of the use of the canopy over the stage at a special event would be: park
dedications, Dickens in the Park, Harbor Days, the Cl!ltural Arts Faire, Otay Community Fair, etc.
The canopy could also be used at Department functions, not necessarily requiring the use of the
stage, but to fill a need for a semi-sheltered area. An example of the use of the canopy, without the
stage, would be for a children's activity area during a park dedication.
The Parks and Recreation Department has developed a very cooperative working relationship with
McMillin Communities, and has co-sponsored a number of events with the developer. McMillin is
very interested in sharing the cost of the canopy for the stage with the City, and has pledged support
of $2,000 to help offset the cost of the canopy. The actual funding from McMillin has not yet been
received, due to financial complications with Home Fed. However, representatives from McMillin
have assured the Department that they will provide funding in this amount. McMillin was invoiced
for this amount (at their request) several months ago.
Storage Container
$2,300
The Department is currently renting a small storage unit for the archery program equipment at
Discovery Park. The archery equipment was donated by Easton Aluminum. The recreation programs
which would be supported by such a storage unit are the Archery Program, Adult Sports Leagues,
and Youth/Adult Sports Rentals. The storage unit rents for $50.00 per month.
6
Iii-'=-
,.
Item /3
Meeting Date 01/12/93
The Archery classes are very successful, and it is anticipated that the classes will be expanded to
include supervised "open shooting" periods. Revenues from the Archery classes during summer 1992
were approximately $250 (after instructor expenditures). Staff expects these revenues to continue.
The Adult Athletic Leagues have expressed an interest in utilizing the storage unit for small tools and
materials used for ballfield preparation and maintenance. These items are currently stored in the
permanent structure at the park, which is also utilized by the Parks Division. Storage is crowded in
the existing space, and the use of another storage unit would relieve this condition. As with the
Archery classes, a portion of the present fees for the leagues is deposited into the Adult Advisory
Trust Fund.
The storage unit would also be utilized by various youth/adult sports organizations who use the fields
at Discovery Park. These groups have rented their own storage containers in the past few years, and
it is anticipated the Department could offer these groups the use of one-half of the storage container
during the season at a reasonable market rental rate. Revenues from these rentals would eventually
offset a large portion of the original purchase price.
SUMMARY: The Trust Funds are a viable source of non-General Fund revenue for the
Department. There is a clear nexus to use the Trust Funds for programs. The purchases requested
are needed to support the Department's current programs. For FY 93/94, the Department will bring
forward budget requests for use of the Trust Funds.
FISCAL IMPACf: $21,300 for FY 92/93; from Trust Fund accounts 405-4050.
Total of Surplus Funds Available
Total Recommended:
McMillin Credit:
$ 50,000
$ 21,300
$ 2,000
7
/~-7
RESOLUTION NO. /100.. 57
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $21,300 FOR
EXPENDITURES FOR SUPPLIES AND EQUIPMENT AND
AUTHORIZING TRANSFER OF PARK AND RECREATION
TRUST FUNDS TO GENERAL FUND
WHEREAS, the Parks and Recreation Department is
requesting to use its Trust Funds to purchase needed equipment and
supplies to support its programs for the community; and
WHEREAS, as a result of Council direction in 1991, the
Department is in the process of structuring a Revenue Enhancement
Plan which would raise revenue for the Department and relieve the
General Fund from Department program expenditures; and
WHEREAS, the use of Trust Funds for these expenditures is
an integral component of a Revenue Enhancement Plan; and
WHEREAS, the following expenditures are proposed to be
made:
Computer (1) (including software) for
De-centralized Reservations
$4,500
Computer (1) for picnic Reservations
& Software
6,100
Printer (1) for Graphics
1,500
Recreation Equipment:
Light Pole Padding
Scoreboard Controllers
Canopy for Stage
Storage container
825
1,300
4,700
2,300
NOW, THEREFORE, BE IT RESOLVED that the city
the City of Chula vista does hereby appropriate $21,300
Fund Accounts 405-4050 as follows:
Council of
from Trust
From 405-4050-RTFA01,
From 405-4050-RTFA01,
From 405-4050-RTFA02,
From 405-4050-RTFA11,
From 405-4050-RTFC07,
transfer
transfer
transfer
transfer
transfer
$5,500 to 100-1511-5560
$11,600 to 100-1511-5398
$900 to 100- 511-5398
$ 000 to 1 0 1511-5398
1 300r~O 00 1511-5398
as 7l f by
Presented by
Jess Valenzuela, Director of
Parks and Recreation
F:\home\attomey\trustpur
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COUNCIL AGENDA STATEMENT
Item I t/
Meeting Date 1/12/93
ITEM TITLE: Public Hearing: Local Consistency Checklist for the Regional Growth
Management Strategy and Congestion Management Program
Resolution I to tt s ~ Transmitting the local consistency checklist for the
Regional Growth Management Strategy to SANDAG
SUBMITTED BY: Director of Planning If!J
REVIEWED BY:
City Manager '[J:'
(4/5ths Vote: Yes_NoX)
BACKGROUND:
A draft Regional Growth Management Strategy was prepared in response to voter approval of
Proposition "C" in November 1988, which called for the establishment of a Regional Planning
and Growth Management Review Board to prepare a regional strategy for managed growth.
Staff has been involved with SANDAG and a Technical Advisory Committee along with
seventeen other cities and the County of San Diego to prepare a Regional Growth Management
Strategy (RGMS) to comply with the provisions of Proposition "C". The RGMS takes a quality
of life approach to growth management, and contains standards and objectives and recommended
actions for eight Quality of Life factors: air quality, transportation/congestion management,
water, sewage disposal, sensitive lands preservation and open space protection, solid waste/
hazardous waste management and housing. Recommendations regarding public facilities
financing and siting, and growth rate, phasing and land use distribution will be forthcoming.
The Strategy also includes a self-certification process for determining local and regional agency
consistency.
RECOMMENDATION: That Council approve the attached Resolution transmitting the local
consistency checklist for the Regional Growth Management Strategy to SANDAG.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
A Negative Declaration was prepared by SANDAG for the Draft Regional Growth Management
Strategy in accordance with CEQA. The checklist does not require any environmental review.
The attached "self-certification" checklist was prepared by SANDAG to be used by local and
regional governmental agencies to evaluate consistency of their general and community plans,
policies, regulations and ordinances with the Regional Growth Management Strategy. The
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Page 2, Item / 'f
Meeting Date 1112/93
Strategy has set up a one-year time line to achieve compliance with all the checklist items.
Chula Vista is in substantial compliance with a majority of the checklist items, and an overall
level of compliance is as good as or better than a majority of jurisdictions that have responded
to SANDAG to date. Achieving the standards and objectives is the goal of the Strategy and will
serve as the primary measure of the Strategy's success.
Here are four main areas in which the City has not yet fully implemented items contained on the
checklist. In these cases, the City has either been awaiting final direction from another agency,
is nearing completion of an item, or, in the case of flood plains and wetlands, is regulating the
subject areas through means other than an ordinance. Each of these items is discussed below.
1. Regional Trip Reduction Program - (Ordinance and Trip Reduction Targets) The City
is currently awaiting the adoption of the Regional Trip Reduction Program by the Air
Pollution Control District (APCD) along with their Regional Trip Reduction Regulations.
2. Floodplain Preservation Ordinance - Floodplains are regulated under Chapter 18.54 of
the Chula Vista Municipal Code and through applicable provisions of certified Local
Coastal Program in order to protect life and property. The City of Chula Vista
Subdivision Manual also provides regulatory direction in establishing design criteria and
procedures to be followed in the design of drainage channel or system facilities.
Additionally, the Conservation and Open Space Element of the General Plan provides
language requiring floodplains to be protected from new development. These policies
and regulations, however, do not explicitly provide protection of the environmental
values of the natural floodplain (i.e., wetlands and riparian vegetation) or limit the
encroachment into the floodplain as per the Strategy's recommendations. The
requirements and potential impacts from the strict application of the proposed floodplain
provisions are currently being reviewed by the Engineering Division. Updating of the
above referenced regulatory documents will be included in the FY 1993-94 work
programs for the Planning Department and Public Works Department.
3. Wetlands Preservation Ordinance - Wetland habitat located within the local coastal zone
is regulated by the City's Local Coastal Program. Wetlands located outside the local
coastal zone are not addressed by the City Zoning Ordinance and are regulated by the
U.S. Army Corps of Engineers and California Department of Fish and Game. The
City's local CEQA review procedures are also used in evaluating and protecting wetland
and sensitive habitat areas located in the City. Preparation of a wetlands preservation
ordinance will be included in the Planning Department's FY 1993-94 work program.
4. Water Reclamation/Xeriscape Ordinance - The State Department of Water Resources has
reviewed the City's revised Landscape Manual, which addresses drought tolerant
plantings, fire retardant plantings, water management planning and establishes the
requirement for the use of reclaimed water when available, and has indicated that it is
consistent with AB 325. Council consideration of the revised Landscape Manual and
Water Efficient Landscape Ordinance is anticipated in February 1993.
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Page 3, Item Ilf
Meeting Date 1112/93
To summarize, the items on the consistency checklist with which the City has not yet fully
complied can all be addressed during the one-year compliance period, and staff will proceed on
each of these items as described above.
FISCAL IMPACT: None.
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RESOLUTION NO. )lJ(S ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSMITTING THE CONSISTENCY CHECKLIST FOR THE
REGIONAL GROWTH MANAGEMENT STRATEGY TO SANDAG
WHEREAS, Proposition C was approved by the voters in November 1988 and called for
the establishment of a Regional Planning and Growth Management Review Board and the
preparation of a Regional Growth Management Strategy; and
WHEREAS, SANDAG, serving as the Regional Planning and Growth Management
Review Board, prepared the Regional Growth Management Strategy, approved by the voters in
November 1988; and
WHEREAS, the City of Chula Vista considered the Regional Growth Management
Strategy on January 12, 1993 and recommended adoption of the Strategy; and
WHEREAS, the Regional Growth Management Strategy includes a self-certification
process to ensure consistency between the Strategy's Recommended Actions and relevant plans,
policies and ordinances of local jurisdictions and regional agencies; and
WHEREAS, the City of Chula Vista has completed the Consistency Checklist which
provides a status report regarding the consistency of its relevant plans, policies and ordinances
with the Strategy's Recommended Actions, and information regarding the region's progress
towards achieving the Quality of Life Standards and Objectives; and
WHEREAS, the City of Chula Vista has held a public hearing on the Consistency
Checklist.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista hereby transmits
the completed Consistency Checklist to the Regional Planning and Growth Management Review
Board, and agrees to take the actions identified therein to achieve consistency with the Strategy
and to adopt a self-certification resolution after holding a public hearing.
(rgm8~resJtt)
Bruce M. Boogaard
City Attorney
Presented by
Robert A. Leiter
Director of Planning
Itt - ~
LOCALIREGIONAL CONSISTENCY CHECKLIST
FOR THE
REGIONAL GROWTH MANAGEMENT STRATEGY
AND CONGESTION MANAGEMENT PROGRAM
Agency/Jurisdiction:
City of Chula Vista
Date of Public Hearing:
January 12, 1993
Date Submitted:
January 12, 1993
Contact Person:
Lance T. Fry
Telephone:
(619) 691-5101
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AIR QUALITY AND TRANSPORTATION/CONGFSTION MANAGEMENT
Regional Trip Reduction Program
I. Has the Regional Trip Reduction Ordinance, or an equivalent ordinance, been adopted?
Yes_
NoX
Other_
The City is currently awaiting the adoption of the Regional Trip Reduction
Program by APCD along with therr regional trip reduction regulations. In the
interim however, the City has developed or begun to study for implementation
several programs that are designed to reduce congestion and improve air quality.
These programs include city employee car pools, mixed use development, and
specific project design guidelines that support alternative travel modes including
walking, bicycle, and public transit. Also under consideration is increasing
residential densities along or adjacent to primary transportation routes and transit
corridors.
2. Has your jurisdiction achieved the regional trip reduction targets contained in the Trip
Reduction Ordinance?
Yes_
NoX
Other_
Please see response No. I above.
Transportation Capacity Expansion to Help Provide Alternatives to Driving Alone/Transit
Perfonnance Standards
3. Are the High Occupancy Vehicle (HOV) lanes shown in the current Regional
Transportation Plan (RTP) along local streets and roads located in your jurisdiction
shown in your General/ Community Plan(s)? Note: This currently applies only to
National City and the City of San Diego.
Yes_
Other X
No_
Not Applicable.
4. Does your General/Community Plan(s) identify existing and proposed bicycle facilities
and coordinate with other bicycle facility projects included in the current RTP and
Regional Transportation Improvement Program?
YesX
No_
Other_
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Section 2.34 of the General Plan Land Use Element identifies existing and
proposed bicycle facilities. As facilities are proposed and/or constructed they will
be included in the RTP and Regional Transportation Improvement Program.
5. List the total number of miles of bicycle facilities by type (Class 1 Bike Path, Class 2
Bike Lane and Class 3 Bike Route) that have been built in your jurisdiction and the
number built during the last year.
Class I Bike Path
Class IT Bike Lane
Class III Bike Route
Miles added
Total Miles last year
0.7 0.0
30.5 4.5
6.5 2.5
6. How many park-and-ride spaces are located within your jurisdiction, and how many
additional spaces were provided last year?
There are 25 park-and-ride spaces at one location; a second facility closed in
1991 due to the lack of need.
Land Use Actions/Level of Service Standards for Arterials and Freeways
7. Are the traffic level of service (LOS) objectives contained in your General/Community
Plan(s) equal to or better than those specified in the Strategy, i.e., Level Of Service "n"
for the freeways and the Regional Arterial System identified in the 1990 RTP?
Yes..x.
No_
Other_
The City's General Plan Circulation Element and Growth Management Element
contain goals, objectives and policies that are consistent with the traffic LOS
objectives in the Strategy. The City's traffic threshold standards require LOS
"C" or better at all signalized intersection, with the exception that during peak
hours LOS "n" may occur for a period not to exceed 2 hours per day. This
standard is based on the Highway Capacity Manual segment delay procedures.
Situations where the City's thresholds standards are exceeded could result in
temporary land development moratoriums for impacted areas of the City.
(Threshold/ Standards and Growth Management Oversight Commission Policy,
adopted on November 17, 1987, revised in November 1991, Resolution No.
13346)
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8. Has a traffic forecast been prepared based on the land uses and circulation system
contained in the General/Community Plan(s)?
Yes...x..
No_
Other_
A traffic forecast was conducted for the General Plan Update in July 1989, with
significant assistance from SANDAG usin~ the subregional model. Additional
traffic monitoring and forecasts were conducte4 upon preparation of the Eastern
Chula Vista Transportation Phasing Plan Update, January 1991, and is ongoing
as part of each major project's environmental review.
9. Do your traffic forecasts make use of a SANDAG-approved traffic forecasting model and
incorporate SANDAG's Regional Growth Forecasts as a uniform benchmark for
population and land use data? Note: This is a requirement of the Congestion
Management Plan statutes.
Yes...x..
No_
Other_
City traffic forecasts make use of the TRANPLAN regional or subregional traffic
forecasting model, which uses SANDAG population and land use data and/or
updated City data from its computerized land use information retrieval system.
In addition, the City conducts annual 12- to 18-month and 5- to 7-year residential
and non-residential development forecasts pursuant to its Growth Management
Program to monitor the impacts of growth on critical facilities and services within
its planning area.
10. Is the projected future level of service on the regional arterial system routes consistent
with the level of service (LOS) objective "D" in the strategy? Does your jurisdiction
have a program(s) to achieve the traffic level of service objectives identified in the
Strategy? NOTE: If a roadway will not be able to meet the Strategy's regional level of
service objectives for specific reasons such as preservation of landscaping, inadequate
room to widen, or other overriding considerations, these exceptions should be explained.
Yes...x..
No_
Other_
Citywide, the projected LOS on the regional arterial system is consistent with the
LOS "D" objective in the Strategy; however, certain segments of "H" Street have
been identified as having the potential to exceed the city's threshold standards in
the future. Actions currently being considered that address "H" Street include
. the elimination of on-street parking along impacted segments and alteration of
signalized intersection geometrics and signal timing to improve traffic flow.
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The following growth management provisions have been adopted which will
achieve the traffic LOS objectives identified in the Strategy:
Thresholds Standards Policy, November 1987, revised Nov. 1991;
General Plan Growth Management Element, April 1990
Growth Management Progra,m, April 1991
Growth Management Ordinance, May 1991
11. Has your agency adopted and implemented a process to evaluate and mitigate the traffic
impacts of large projects on the regional transportation system, including the level of
service standards and objectives of the Congestion Management Plan and Strategy? (The
definition of a "large" project as described in the Congestion Management Plan is any
project that upon its completion would be expected to generate either an equivalent of
2,400 or more average daily trips of 200 or more peak hour vehicle trips). Note: The
Congestion Management Plan statutes require that each city and the County adopt and
implement a program to analyze the impacts of land use decisions, including mitigation
costs, on the regional transportation system.
Yes...x..
No_
Other_
Effective October 19, 1992, the city's environmental review procedures were
amended administratively to incorporate the new Congestion Management Plan
analyses requirements for "large projects", including the enhanced CEQA review
process and a regional cumulative traffic analysis of projects.
12. Does the process include the traffic impacts on all freeways and the regional arterial
system affected by the project (including arterials and freeways in adjacent jurisdictions)?
Yes...x..
No_
Other_
The analysis of project related traffic impacts on freeways and the regional
arterial system will be conducted through implementation of the new procedures
referenced above.
It is recommended that staff from SANDAG and local jurisdictions form a
working task force to develop regional guidelines to ensure that all projects are
evaluated similarly, i.e. how to deal with cumulative impacts, effect of ramp
metering, and percent of project traffic that is considered significant.
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13. Does the process consider existing and future planned land uses, and reasonably foreseen
projects within the jurisdiction, and adjoining jurisdictions'!
Yes...x..
No_
Other_
Please refer to response No. 11 above.
14. Does your agency prepare and adopt Congestion Management Plan Deficiency Plans for
any state highway or Congestion Management Plan principal arterials within your
jurisdiction that are forecast to fall below the Congestion Management Plan traffic level
of service standards'! Note: The development and adoption of Deficiency Plans is a
requirement of the Congestion Management Plan statutes.
Yes...x..
Other_
No_
CMP Deficiency Plans will be prepared and adopted upon finding state highway
or principal arterials operating below CMP level-of-service standards within the
city's jurisdiction.
15. Is the existing traffic level of service on the regional arterial system routes in your
jurisdiction consistent with the Strategy's level of service objective of LOS "D",!
Note: If a roadway does not meet the Strategy's regional level of service objectives for
specific reasons such as preservation of landscaping, inadequate room to widen, or other
overriding considerations, these exceptions should be explained.
Yes...x..
Other_
No_
The fiscal year 1991-92 Growth Management Oversight Commission Annual
Thresholds Report has found the city in compliance with its traffic thresholds
standard.
Transportation System Management
16. Is there a plan in place to optimize the traffic signals in your jurisdiction to improve
traffic flow through a centralized traffic control system'!
Yes...x..
Other_
No_
A fully automated computer system is currently in operation to monitor all traffic
signals, quantity of traffic, and time intervals to optimize these signals.
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17. What is the status of the traffic signal optimization plan?
In operation.
Miscellaneous
18. Have the recommendations included in regional transportation studies (e.g. the Route 78
Corridor Study and Mid-County Transportation Study) been incorporated into local
general plans? Note: The recommendation in these studies do not apply to all
jurisdictions.
Yes_
No_
OtherX
Not Applicable.
WATER
1. Has a water reclamation ordinance based on the County Water Authority's model
ordinance been adopted?
Yes_
No X Other_
The State Department of Water Resources has reviewed the City's revised
Landscape Manual, which addresses drought tolerant plantings, fire retardant
plantings, water management planning and establishes the requirement for the use
of reclaimed water when available, and has indicated that it is consistent with AB
325. Council adoption of the revised Landscape Manual and Water Efficient
Landscape Ordinance is anticipated in February 1993.
The City also requires as a condition of Tentative Subdivision Map approval the
installation of double piping for future reclaimed water use; The City also
participates with the Clean Water Program in the planning for a water reclamation
plant in the Otay River Valley.
2. Has the State Department of Water Resources model xeriscape ordinance, or an
equivalent ordinance, been adopted for all new construction? (This also applies to
landscaping for single-family residential units "sfd" installed by developers prior to
occupancy.)
Yes_
NoX Other_
Please see response No. 1 above.
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3. Have you amended your local plumbing requirements to be in compliance with the
minimum state requirements for water conservation?
YesX
No_
Other_
An ordinance to prohibit high flow water fixtures was approved by Council on
March 5, 1992, Ord. No. 2446. In adition to the residential retro-fit ordinance,
the City is in the process of developing additional water conservation strategies
which may include an interim water offset policy and incentive programs which
would provide loans for energy and water conservation improvements.
4. Has an ordinance been adopted to ensure that a sufficient supply of water is available for
development dependent on groundwater and that groundwater supplies will not be
overdrafted? (This question applies only to those jurisdictions with development that is
dependent on groundwater.)
Yes_
No_
OtherX
Not applicable; not groundwater dependent.
5. Have the Best Management Practices (water conservation and demand management
programs and projects) contained in the County Water Authority's Water Resources Plan
been implemented?
Yes_
No_
OtherX
The City of Chula Vista is not a water purveyor; however, it is working with the
San Diego Water Authority, Sweetwater Authority, and Otay Municipal Water
District to implement best management practices, as stated within the Chula Vista
Municipal Code, Sec. 19.09, Growth Management Ordinance.
SEWAGE TREATMENT
1. Does your jurisdiction have guaranteed treatment capacity, or does it contract with
another agency for capacity, prior to approving development projects?
YesX
No_
Other_
The City has guaranteed treatment capacity with the City of San
Diego for 19.2 mgd but currently uses only 11 mgd of its
allocation.
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SENSITIVE LANDS PRESERVATION AND OPEN SPACE PROTECTION
I. Have ordinances been adopted which are consistent with the recommendations contained
in the Strategy's Definition of Regionally Significant Open Space for
a.
Steep Slopes
No_
Other X
Yes_
While the City does not have a steep slopes ordinance per se, it is consistent with
the intent of preserving steep slopes through the following existing policies,
guidelines and ordinances:
o local grading ordinance (Ordinance 1797 ~I, 1985) Revisions to the
grading ordinance regarding contour grading and brushing and clearing
requirements are currently being prepared.
o Design Criteria for Hillside Development, Resolution No~ 7633, 1975.
Due to the relative age of this document and the discretionary manner in
which these criteria may be applied, consideration is being given to the
updating of this document.
o Hillside Development Policy, Section 6.5 General Plan Land Use
Element.
o Land Development Policy, Section 7.7 General Plan Land Use Element.
b.
c.
Floodplains
Wetlands
Other_
Other_
Yes_
Yes_
NoX
NoX
Although the City has made efforts to preserve and protect both sensitive lands
and open space through policies in its General Plan and regulations in its
Municipal Code, it presently does not have ordinances which require the
consistent treatment of floodplains and wetlands as specified in the Strategy's
Definition of Regionally Significant Open Space.
2. Are actions being taken to acquire lands within your jurisdiction designated in your
General/Community Plan(s) for regional parks?
YesX
Other_
No_
The Parks and Recreation Element of the General Plan contains policies and
guidelines that support the establishment of a continuous 28-mile greenbelt system
around the city. Regional parks are a major component of the Chula Vista
Greenbelt Plan and include Sweetwater Regional Park, Otay Lake County Park
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and the proposed Otay Valley Regional Park which is currently in the planning
stages.
A Resource Enhancement Plan (REP) for the western portion of the Otay Valley
Regional Park (between S.D. Bay to the west and Heritage Road to the east) has
been prepared for the City of Chula Vista. The purpose of the REP is to provide
a guide to the long-range planning of the Otay River Valley with respect to
preservation and enhancement of environmental resources.
A Joint Exercise of Powers Agreement which address the formation of a regional
park concept for the Otay River Valley has been reached between the cities of
Chula Vista and San Diego and the County of San Diego. A three member
Policy Committee of elected officials representing each jurisdiction is being
advised by a 3D-member Citizens Advisory Committee in the continued
development of the project.
3. How many acres of regional open space parks exist in your jurisdiction?
Approximately 62 acres of the Sweetwater Regional Park/Rohr Park are located
within the city's jurisdiction. The proposed Otay Valley Regional Park, as
defined by the Resource Enhancement Plan study area boundaries above, includes
approximately 1584 acres of privately owned land potentially available for
regional park purposes of which abOut half is located in the City of Chula Vista.
4. Are actions being taken to encourage the preservation of agricultural uses and rural
lands?
Yes..x.
No_
Other_
The Chula Vista General Plan does not currently contain any policies for the
permanent preservation of agricultural lands within the City, as these uses are
generally considered interim uses until such time as urban development, as
specified by the General Plan, is appropriate. In the planning of Otay Ranch,
however, the City is considering the establishment of community gardens and the
permanent preservation of some agricultural lands as part of its Resource
Management Plan. The City's corporate boundary, which is flanked by open
space and a circumferential greenbelt, effectively establishes an urban service
boundary line which presently protects these rural and agricultural areas. The
City continues to support reclaimed water use in agricultural areas, as well as the
continuation of Williamson Act contracts; however, "agricultural preserves" are
not indicated on the general plan map.
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SOLID WASTE MANAGEMENT
1.
Has a Source Reduction and Recycling Element (SSRE) been adopted to achieve the 25 %
reduction in 1995 and 50% reduction in 2000 goals of AB 939 as a part of the County's
Integrated Waste Management Plan'?
Yes..x..
No_
Other_
The Final Draft SRRE was adopted by City Council on December 15, 1992
through Resolution 16935.
2. Estimate the percentage of solid waste diverted last year.
The percentage of solid waste diverted was approximately 6%-8%.
3. Has a Household Hazardous Waste Element (HHWE) which meets the requirements of
AB 939 been adopted'?
Yes..x..
Other_
No_
The Final Draft HHWE was adopted by City Council on December 15, 1992
through Resolution 16935.
4. Estimate the percentage of Household Hazardous Waste diverted last year.
Approximately less than 1 % .
5. Have any permanent Household Hazardous Waste collection facilities been located in
your jurisdiction'?
Yes..x..
Other_
No_
Greenfield Environmental, Appropriate Technologies, Inc. (APTEC II).
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6. Has the Siting Element for solid waste disposal facilities required by AB 939 been
approved? (The Siting Element is required to be approve by the County of San Diego
and a majority of the cities by the beginning of 1994.)
Yes_
No_
Other X
The City is waiting on pending significant changes to the Ca. Integrated Waste
Management Board Regulations and is working with the County to develop its
Siting Element. The City's Conservation Coordinator sits on the Siting Element
Subcommittee for the Technical Advisory Committee.
HAZARDOUS WASTE MANAGEMENT
1. Has the San Diego County Hazardous Waste Management Plan (HWMP) or an
equivalent been adopted as required by state law?
Yes..x..
Other_
No_
An amendment to the Public Facilities Element of the General Plan implementing
and supplementing the approved County HWMP was approved by Council on
June 30, 1992 under Resolution 16704.
2. Have facility siting criteria that are consistent with the San Diego County Hazardous
Waste Management Plan been adopted?
Yes..x..
Other_
No_
As part of the above noted action.
3. Has a procedure to process permits on a case-by-case basis (e.g. conditional use permit)
been established for siting facilities.
Yes..x..
No_
Other_
The City has in place a conditional use permit procedure to process the siting of
hazardous waste facilities; however, the city is currently in the process of
amending the zoning ordinance to establish specialized conditional use permit
implementation, application, and review procedures consistent with its recently
adopted HWMP. The above referenced amendments are currently out for public
review. Adoption is anticipated in early 1993.
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4. Are the Southern California Hazardous Waste Management Plan and intergovernmental
agreements and incentives programs being used in the evaluation of facility proposals?
Yes..x.
No_
Other_
The City has adopted "fair share" provisions as part of its actions on the County
HWMP.
5. Is your jurisdiction, with the assistance of the County of San Diego, working with the
private sector to provide information, technical assistance, and incentives to achieve the
30 percent waste minimization goal of the Plan?
Yes..x.
No_
Other_
Staff is currently in the process of developing a hazardous waste reduction!
minimization program for industries that incorporates a hierarchy of waste
management alternatives. Staff is also beginning to offer technical assistance to
businesses to reduce hazardous waste in conjunction with the City's Business
Recycling Outreach Program.
6. How many hazardous waste facilities have been sited in your jurisdiction? One (large
size) to five (small size) facilities should be sited to meet San Diego's hazardous waste
management needs by the year 2000.
One. Greenfield Environmental, Appropriate Technologies, Inc. (APTEC II).
APTEC is the largest single hazardous waste treatment facility in San Diego
County, with an estimated total annual capacity of 32,000 tons (County HWMP,
1989).
HOUSING
1. Has the Housing Element of your General Plan been updated as. required by State Law?
Yes..x.
Other_
No_
The Housing Element of 1991 was adopted by City Council on March 3, 1992;
Resolution Number 16532.
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2. Has your Housing Element been found to be in substantial compliance by the State
Department of Housing and Community Development (RCD)?
Yes..x.
No_
Other_
A letter of compliance was issued by the State HCD on May 15, 1992.
3. Does your Housing Element include the regional share objective from the Regional
Housing Needs Statement which indicates the number of new units need by July 1996 for
all economic segments of the community consistent with state law?
Yes..x.
Other_
No_
Regional share allocations are discussed on pages II-27 to -29 of
the Housing Element.
4. Does your Housing Element contain policies to achieve the regional share objective for
all economic segments of the community consistent with state law?
Yes..x.
Other_
No_
Maximum feasible quantified objectives for each income group are summarized
on page III-2, and supported with subsequent programs as required by law.
5. What was your jurisdiction's progress toward meeting the regional share objectiv.e last
year? Please note the number of units constructed by income level. .
The City is in the process of conducting its first periodic implementation review
of the Housing Element, which will include a regional share new construction
affordability survey. Completion is anticipated by March 1993.
6. Does your Housing Element include the fair share objective from the Regional Housing
Needs Statement which indicates how many new and existing lower income households
should be assisted by July 1996?
Yes..x.
No_
Other_
Fair Share allocations are discussed on pages II-27 to -29 of the
Housing Element.
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7. Does your Housing Element contain policies to achieve the fair share objective?
Yes..x.
No_
Other_
Quantified objectives are summarized on page ill-2 of the Housing Element, and
will be achieved through a variety of policies and programs contained in Part III.
8. What was your jurisdiction's progress toward meeting the fair share objectives last year?
Please note the number of households assisted.
For the Calendar Year 1991, the following is a breakdown of lower-income
households assisted:
54 - Section" 8" projects
22 - Very Low Income Rentals (Dorothy Street Project)
2 - Low Income New Unit Purchases (MCC)
1 - Alcoholic Rehabilitation Facility (Nosotros-MAAC program, 12
persons capacity)
9. Has a Comprehensive Housing Affordability Strategy (CHAS) been prepared and
approved for your jurisdiction?
Yes..x.
No_
Other_
Council adopted the Strategy on April 21, 1992 (Resolution No. 16592) and it received HUD
approval on June 19, 1992.
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-15-
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File No.
PUBLIC HEARING CHECK LIST
SUBJECT
-.J~
12..
CITY COUNCIL PUBLIC HEARING DATE
h8E1:.TI8N
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SENT TO STAR NEWS FOR PUBLICATION -- BY FAX /; BY HAND ; BY MAIL
PUBLICATION DATE I / "2.-1 Cj & - -
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK 1"1../30 I q2-
COPlES TO:
Administration (4)
Planning /'
/
"
Originating Department
Engineering ,./
Others
City Clerk's Office (2)
"./
/'}...h I /(12....
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
.58.
JY /cJ)
.
.
DATE:
TO:
FROM:
SUBJECT:
December 22, 1992
Beverly Authelet, City Clerk
Nancy Ripley, Planning Department
Referral from Planning Commission meeting of
Please schedule the following for Council consideration at the meeting of
1/12/93
Forwarded herewith:
Forthcoming:
Public Hearing Notice(s) and Mailing List(s).
Resolution(s)
PH Consideration and transmission by resolution of the local consistency
checklist for the Re9ional Growth Management Strategy to SANDAG
/ 'I-~,;L
.
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL for the purpose of considering and transmitting by
resolution the local consistency checklist for the Regional Growth
Management Strategy to SANDAG. The "self certification" checklist
was prepared by SANDAG to be used by local and regional government
agencies to evaluate consistency of their general and community
plans, policies, regulations and ordinances with the Regional
Growth Management strategy.
The Regional Growth Management Strategy was prepared in response to
voter approval of Proposition"C" (the Regional Planning and Growth
Control Management Initiative) in November 1988. The Strategy
contains standards, objectives and recommended actions for eight
regional quality of life factors. The City of Chula vista is in
substantial compliance with the Strategy.
A negative declaration was prepared by SANDAG for the draft
Regional Growth Management strategy in accordance with CEQA. The
checklist does not require any environmental review.
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. If you wish to challenge the City'S action on these matters,
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 at or prior to
the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
January 12, 1993 at 6:00 p.m. in the Council Chambers located
within the Public Services Building, 276 Fourth Avenue, at which
time any person desiring to be heard may appear.
DATED:
12/21/92
Beverly Authelet
City Clerk
rgms....Pub.not
Jf~,) }
. .
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 and transmitting by resolution the local consistency checklist for
the Regional Growth Management Strategy to SANDAG.
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 Oerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
January 12, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: December 29, 1992
Beverly A Authelet
City Clerk
/tj~cJ t/
COUNCIL AGENDA STATEMENT
Item /...5
Meeting Date 1/12/93
ITEM TITLE:
PUBLIC HEARING: PCM-93-07: Consideration to change the name of
Otay Lakes Road to Telegraph Canyon Road between the intersection of
Otay Lakes Road and Telegraph Canyon Road to Wueste Road - City
initiated
RESOLUTION It.. 'IS'1 Approving the street name change for Otay
Lakes Road to Telegraph Canyon Road between the intersection of Otay
Lakes Road and Telegraph Canyon Road to Wueste Road.
SUBMITTED BY:
Director of Planning PI
City Manager $
(4/Sths Vote: Yes_No X)
Council Referral #2641
REVIEWED BY:
In July 1992, the City Council directed staff to proceed with the renaming of the east/west
segment of Otay Lakes Road (approximately 3.5 miles) to Telegraph Canyon Road.
RECOMMENDATION: That Council:
1) Approve the attached resolution approving the street name change for Otay Lakes Road
to Telegraph Canyon Road; and
2) Direct staff to continue to work with the County to have this name change east of Wueste
Road.
BOARDS/COMMISSIONS RECOMMENDATION: On December 2, 1992, the Planning
Commission voted unanimously (7-0) recommending that Council approve the street name
change in accordance with Resolution PCM-93-07.
DISCUSSION:
Otay Lakes Road originates at Bonita Road and extends in a southeasterly direction to the
intersection with Telegraph Canyon Road, proceeding in an easterly direction for approximately
8 miles ending at Highway 94. Otay Lakes Road makes a right angle turn at Telegraph Canyon
Road and appears visually and physically like an extension of Telegraph Canyon Road rather
than Otay Lakes Road. This alignment causes confusion and problems for motorists unfamiliar
with the area.
15 ~ I
Page 2, Item /S'
Meeting Date 1112/93
The proposed street name change will affect the segment of atay Lakes Road from Telegraph
Canyon Road to Wueste Road, a distance of approximately 3 1/2 miles (See Exhibit "A"). With
the exception of approximately a quarter mile stretch east of Rutgers Road, the entire length of
the roadway proposed for change is located within the City Limits of Chula Vista. The quarter
mile area is the Telegraph Canyon Estates property which is in the process of being annexed to
the City. The street name change would be in effect at the time of annexation.
There are a limited number of properties with addresses on atay Lakes Road, the majority being
located within the atay Lakes Lodge mobilehome park. There also some structures on the atay
Ranch property which will be affected. These structures are subject to removal upon the
development of the atay Ranch Project. There are also other properties east of the atay Lakes
with addresses on atay Lakes Road. These properties would not be affected by this proposed
change: Discussions with the County indicated that there is no interest in changing the name in
the unincorporated areas at this time. The failure of the County to rename that portion of atay
Lakes Road extending east from Wueste Road to Highway 94 could lead to some confusion by
motorists. However, .street signs will be installed at the Wueste Road intersection. A letter has
been addressed to the County advising them of the City's intent to rename atay Lakes Road and
encourage similar action on the part of the County.
The properties with addresses on atay Lakes Road, including all mobilehome owners in the atay
Lakes Lodge Mobile Home Park, as well as the major developers that will be affected by this
change, have been notified of the proposed change and the hearing. To date no objections have
been received.
If this name change is approved, there will be a number of signs which will have to be replaced.
The signs are located at the following intersections: Telegraph Canyon Road (2 signs); Rutgers
Road (1 sign); Eastlake Parkway (2 signs); Lane Avenue (1 sign); and, Wueste Road (1 sign).
FISCAL IMPACT: Total cost of sign replacement is estimated at approximately $1,400.00;
these funds are available in the adopted FY 1992.3 operating budget.
(pcm9307 .cc)
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RESOLUTION NO. l/ells,
A RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL CHANGING THE NAME OF OTA Y LAKES ROAD
TO TELEGRAPH CANYON ROAD BETWEEN TELEGRAPH
CANYON ROAD AND WUESTE ROAD
WHEREAS, on July 28, 1992 the City Council directed that the City initiate a street
name change for the east/west segment of Otay Lakes Road to Telegraph Canyon Road between
Telegraph Canyon Road and Wueste Road; and
WHEREAS, the Planning Commission held a public hearing on December 2, 1992 and
voted 7 to 0 recommending that the City Council change the name of Otay Lakes Road to
Telegraph Canyon Road between Telegraph Canyon Road and Wueste Road; and
WHEREAS, the City Council set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and major developers
affected by said change at least ten days prior to the hearing in accordance with Chu1a Vista
Municipal Code Section 19.12.070; and
WHEREAS, the proposal is exempt from environmental review as a general rule
exemption.
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.
January 12, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED THAT from the facts presented to the City
Council, the Council finds that the proposed change will eliminate the confusion to persons
unfamiliar with the area.
BE IT FURTHER RESOLVED that the City Council hereby approves, directs and
authorizes the change of street name of Otay Lakes Road to Telegraph Canyon Road between
Telegraph Canyon Road and Wueste Road.
Presented by
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
pcm9303.cc
pcm9307r ,cc
/5.. if
RESOLUTION NO. PCM-93-07
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL CHANGE THE NAME OF OTAY LAKES ROAD
TO TELEGRAPH CANYON ROAD BETWEEN TELEGRAPH
CANYON ROAD AND WUESTE ROAD
WHEREAS, on July 28, 1992 the City Council directed that the City initiate a street
name change for the east/west segment of Otay Lakes Road to Telegraph Canyon Road between
Telegraph Canyon Road and Wueste Road, and
WHEREAS, the proposal is to change the name because it is confusing to people
unfamiliar with the area to encounter an unexpected street name change when there is no change
in direction, and,
WHEREAS, the Planning Commission set the time and place for a hearing on said street
name change and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city and its mailing to property owners and major
developers affected by said change at least 10 days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely December
2, 1992 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
WHEREAS, the proposal is exempt from environmental review as a general rule
exemption.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
based on the facts presented at the hearing, the Planning Commission recommends that the City
Council adopt the attached City Council Resolution changing the name of Otay Lakes Road to
Telegraph Canyon Road between Telegraph Canyon Road and Wueste Road.
That a copy of this resolution be transmitted to the City Council.
pcm9307r .pc
I~-S
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day 2nd day of December 1992 by the following vote, to-wit:
AYES:
Fuller, Carson, Martin, Moot, Ray, Tarantino, and Tuchscher
NOES:
None
ABSENT:
None
Susan Fuller, Chair
Attest:
Nancy Ripley, Secretary
pcm9307r .pc
l~--I,
Exceq>t from Draft Plannin~ Commission Minutes of 1212/92
ITEM 5:
PUBLIC HEARING: PCM-93-07; CONSIDERATION TO CHANGE THE
NAME OF OTAY LAKES ROAD TO TELEGRAPH CANYON ROAD
BETWEEN THE INTERSECTION OF OTAY LAKES ROAD AND
TELEGRAPH CANYON ROAD TO WUESTE ROAD - City Initiated
At the Commission's suggestion, there was no formal presentation. Commissioner Tuchscher
asked if there would be some confusion further east in the County portion of Otay Lakes Road.
Principal Planner Griffin agreed that it could, but the County had been contacted and they were
not interested in changing the name of that section. If the Otay Ranch proceeded as scheduled,
the City would have jurisdiction over a further portion of that in the future and would change
the name at that time. The demarcation between Telegraph and Otay would occur at Wueste
Road and there would be a sign there. At Commissioner Tuchscher's request, Assistant
Planning Director Lee stated staff would contact the County again regarding renaming the
eastern portion of Otay Lakes Road.
This being the time and the place as advertised, the public hearing was opened. No one wishing
to speak, the public hearing was closed.
MSUC (Ray/Tuchscher) 7-0 to adopt Resolution PCM-90-07 changing the name of Otay
Lakes Road to Telegraph Canyon Road between Telegraph Canyon Road and Wueste
Road.
1r5--7
COUNCIL AGENDA STATEMENT
Item If.,
Meeting Date 1/1~
ITEM TITLE: Public Hearing: PCS-93-03, Consideration of the
Tentative Map, statement of Overriding
Considerations and Mitigation Monitoring Program,
and street names for Telegraph Canyon Estates -
Baldwin vista Associates
~.'f//
SUBMITTED BY: Director of Planning ~~
REVIEWED BY: city Manager~
The applicant has requested a continuance of this hearing to
January 19, 1993, to allow further time to discuss proposed project
conditions with staff. We concur with this request.
11c-1
January 7, 1993
Agenda Item No. {~
Meeting Date 1L12 93
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Managerf'"
Transfer of Jones Cable Interests to Cox Cable
The City Attorney has advised that no agenda statement be provided for this
resolution, which is self-explanatory.
JDG:JRT:mab
17-/
RESOLUTION NO.
I~qlcl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXPRESSING ITS PREFERENCE THAT THE
TRANSFER OF JONES CABLE INTERESTS IN THE CITY
OF CHULA VISTA TO COX CABLE SHOULD NOT OCCUR.
WHEREAS, Jones Intercable has built cable television
facilities in the southern San Diego County area, both within and
outside, the territorial limits of the city of Chula vista and at
one time proposed to operate them to provide cable television
services to areas including the City of Chula Vista; and,
WHEREAS, Jones now proposes to sell such cable television
facilities to Cox Cable; and,
WHEREAS, based on past experience with competing cable
television providers, the quality of service has increased and the
cost of the product has decreased in areas with competing cable
operators; and,
WHEREAS, City believes that the ownership of the Jones
Cable system by Cox would have a deleterious effect on the
competitive provision of cable television services in the city of
Chula vista resulting in higher prices and lower quality of service
to our residents.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula Vista does hereby express its preference that the
sale or transfer of the Jones cable facilities to Cox should not
occur as 't believes ch sale or transfer would have a deleterious
effect 0 cable tel v'sion prices and service.
d and ~\'
Bruce M. Boogaard, City
F:\home\attomey\jonesS
/7-2./1'1- 7
~ ,1
January 12, 1993
Cox Cable San Diego, Inc.
5159 Federal Boulevard
San Diego, CA 92105
Attention: Robert G. McRann, Senior vice President
Cox Cable Communications Inc.
1400 Lake Hearn Drive
Alanta, Georgia 30319
Attention: corporate Secretary
Re: Demand for Records Inspection and Information
Dear Ladies or Gentlemen,
The City has been informed that an agreement has been struck
between Jones Intercable and Cox Cable for a sale ("Sale") of
Jones' assets in Chula vista and other undefined areas of San Diego
County to Cox ("Sales Transaction") and, on the basis thereof, an
application has been made by either you or Jones, or both, to the
Federal Trade Commission ("FTC") for approval of said Sale.
On its face, staff is concerned that the Sale to you, a Jones-
competitor, is an anti-competitive act which may have a deliterious
effect on price, and quality, of cable service in the City. The
City has the right to express its opposition to the Sale and to
request that the FTC disapprove the Sale. In this regard, we have
previously sent you a draft of a resolution we have submitted for
Council action, expressing our preference that the Sale not occur.
On further considering our position, it seems that we have
very little information on this transaction. Neither Cox nor Jones
formally advised the city in the manner required by the ordinance
of the proposed Sale, and the Staff of the FTC only asked us
questions but provided us with no response to our inquiries.
In that regard, please note that Section 17 of your franchise
with the City provides as follows:
"Section 17.
Agencies.
Copies of all petitions, applications and communications
of all types submitted by Grantee or city to the Federal Com
Filings and Communcation with Regulatory
J7~3
January 12, 1993
Cox Cable San Diego, Inc.
Attention: Robert G. McRann, Senior vice President
Cox Cable communications Inc.
Attention: Corporate Secretary
Re: Demand for Records Inspection and Information
Page 2
munications Commission, California Public utilities Commis-
sion, or any other Federal or State regulatory commission or
agency having jurisdiction over any matter affecting operation
of Grantee's Cable Television System shall be submitted simul-
ataneously to the City or Grantee. A copy of each document
filed by the Grantee with the city Clerk in accordance with
this section shall be deemed to be delivered."
Furthermore, section 18, entitled: "Inspection of Property
and Records" of your franchise provides in pertinent part as
follows:
"At all reasonable times, the Grantee shall permit any
duly authorized representative of the City to . . .examine all
. . . records kept or maintained by the Grantee, which treat
the operations, affairs, transactions or property of the
Grantee with respect thereto. . .."
Th~r.efore, before the City makes a final decision of opposi-
tion, demand is hereby politely and curteously made that you
provide us with more information regarding the Sale, including the
following:
1. The purchase and sale agreement, and all collateral
agreements thereto, including any documentation required to be
executed by such agreement.
2. The application made to the Federal Trade Commission
for approval of the Sale, and all collateral exhibits, addendum,
appendices, etc. thereto.
3. A report to the City Engineer identifing:
A. the location of the assets which may be the
subject of the sale, and the price to paid for
them.
B. the applicant for Federal Trade Commission
approval of the sale.
Until we receive this information and have had time to analyze
/7- /
January 12, 1993
Cox Cable San Diego, Inc.
Attention: Robert G. McRann, Senior vice President
Cox Cable communications Inc.
Attention: corporate Secretary
Re: Demand for Records Inspection and Information
Page 3
same and find it sufficient to answer our concerns, the staff is
going to request that the Council amend the proposed resolution to
oppose the Sale in the interim and until the information has been
submitted, analyzed and a practical recommendation can be made
therefrom. A copy of the proposed revised resolution is attached.
Until such information is received from you, or another
decision is made by the Council based on the additional information
received, the City is reserving judgment as to whether to assume
the following positions:
1. If Cox was a cosponsor of the application for approval of
the sale transaction, or Cox designated Jones by the Sale Trans-
action or otherwise, to apply for approval, Jones was operating as
Cox's agent in filing for approval from the FTC, and the applica-
tion for FTC approval of the Sale without the simultaneous submit-
tal of same to the City was a material breach of your franchise.
Cox should take mitigation measures to immediately make the City
whole such as wH~hdrawal of its application for approval with the
FTC. The city will be evaluating, in the next few months, whether
the application without simultaneous filing with the City consti-
tuted a default of the franchise. In the meantime, any FTC ap-
proval should be suspended, and no subsequent Cox pricing scheme
should permit recovery to Cox of the costs of the Sales Transac-
tion.
2. Conduit installed by Jones in city's rights-of-way was
objected to by the city, and all permits issued were issued under
protest and pursuant to an outstanding temporary injunction (As an
example, see Utility Permit No. P 44124, attached). They are the
assets of the City either by operation of law, or an Agreement to
Toll Statutory Time Period Within Which to Grant or Deny Cable
Television Franchise, dated May 22, 1990, between the City and
Jones ("Tolling Agreement")ll and are not available for resale by
1. Please note section 4 of the Tolling Agreement between the
City and Jones, now terminated, provided:
". . .in the event that the franchise is not granted to Jones
(continued. . .)
/'
)7-~
January 12, 1993
Cox Cable San Diego, Inc.
Attention: Robert G. McRann, Senior Vice President
Cox Cable communications Inc.
Attention: Corporate Secretary
Re: Demand for Records Inspection and Information
Page 4
Jones to Cox.
3. The ratepayers of the City should not have to be saddled
with paying for the cost of the anti-competitive Sales Transaction,
and when the City obtains "rate regulation authority" as is antici-
pated in early April of this year, it will not, to the extent of
its authority, permit recovery of the cost of the Sales Transaction
to Cox in the rate structure.
We look forward to your prompt response.
Sincerely,
Bruce M. Boogaard,
city Attorney
John D. Goss,
City Manager
cc: Jones Intercable, Inc.
jones6.wp
1. ( . . . continued)
to conduct a cable television service, the City shall be
vested with all of Jones' right, title and interest in and to
the conduit without charge except that if said conduit is used
by a cable service provider to the exclusion of Jones, City
shall use good faith and best efforts to require any addi-
tional cable franchise providers occupying said conduit to pay
to Jones a sum equal to the direct cost of laying conduit
without consideration of Jones' administrative overhead and
other nondirect costs."
J?-~
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"'-
.t'"
Utility Permit '.EiLLJIJf.
APPLICATION POR CONSTRDO'l'ION PRRMIT
JONES INTERCABLE OF SAN DIEGO, INC., hereby requests permission
to exoavate or otherwise work in the fOllowing streets or other
publio plaoes:
to trench and place PVC conduit approximately IS" behind proposed
sidewalk on Fairway Oaks Drive and Forest Oaks Drive
TB 70N
hame of Job TAMARISK 88-3. Unit 7 cO-...i:tl~ ~
B-3
for the purpose of plaoing, replaoing or removinq Ii" and I" CATV
160 PVC conduit for cable television service
to be approximately
as shown on attached
2245' X 12ft X IS" & 30" (see map)
(DimenSions, Lenqth, Width,
sketoh.
Depth)
,.-.,. ,
CERTIFICATB AUTHORIZING WORK
Permittee is to apply for inspecti~n of installation 24 hours in
advanoe of baok fill or oonorete p~ur and otherwise required by
the Direotor of Publio Works. This jOb will be restored in kind
in accordance with the City of Chula Vista standard Drawinqs and
Speoifioations. Please see attaohed sketch.
DEPARTMENT OF PUBLIC WORKS
CITY OF HULA VISTA
~
neer
JONES INTERCABLB
OF S~DIEGO, INC.
By: 'Nc.~"';;.Q_ _:,
, Permit Aqent:.
Date:_l - ~- q I
By:
Date: /-//-91
SPECIAL
CONDITIONS
IT APPROVED UNDER PROTEST AND ONLY PURSUANT TO TEMPORARY
INJUNCTIVE ORDER.
Job Complete
~
By:
(Date)
PUblic Works Inspector
Job No.
PLl tll;}4
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,.'
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXPRESSING ITS PREFERENCE THAT THE
TRANSFER OF JONES CABLE INTERESTS IN THE CITY
OF CHULA VISTA TO COX CABLE SHOULD NOT OCCUR.
WHEREAS, Jones Intercable has built cable television
facilities in the southern San Diego County area, both within and
outside, the territorial limits of the city of Chula vista and at
one time propos~d to operate them to provide cable television
services to areas including the City of Chula Vista; and,
WHEREAS, it appears that Jones now proposes to sell such
cable television facilities to Cox Cable; and,
WHEREAS, based on past experience with competing cable
television providers, the quality of service has increased and the
cost of the product has decreased in areas with competing cable
operators; and,
WHEREAS, City believes that the ownership of the Jones
Cable system by Cox would have a deleterious effect on the competi-
tive provision of cable television services in the city of Chula
vista resulting in higher prices and lower quality of service to
our residents.
WHEREAS, neither Jones nor Cox has advised the Council of
the fact of the proposed Sale, or of the 't.erms and conditions of
the Sale, and in that regard the Council needs additional
information or documentation as may be requested by staff,
including the following:
1. The purchase and sale agreement, and all collateral
agreements thereto, including any documentation required
to be executed by such agreement.
2. The application made to the Federal Trade Commission
for approval of the Sale, and all collateral exhibits,
addendum, appendices, etc. thereto.
3. The location of the assets which may be the subject
of the sale, and the price to paid for them.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby express its preference that the
sale or transfer of the Jones cable facilities to Cox should not
occur until information regarding the Sale has been received by the
City, analyzed and a recommendation can be made by Staff with
regard thereto.
J7~7
,
BE IT FURTHER RESOLVED that, in the absence of rece~v~ng
contradictory information, the City Council believes that such sale
or transfer would have a deleterious effect on cable television
prices and service.
BE IT FURTHER RESOLVED that, to the extent Cox was a
joint applicant of FTC approval of the Sale, or designated Jones as
their agent to ob in FTC approval, Cox was required to file a copy
of said applicat 0 with the city simulataneous with requesting FTC
approv
form by
rney
F:Ihome_\joaeaS
/7-1
COUNCIL AGENDA STATEMENT
Item n:
Meeting Date 1/12/93
REVIEWED BY:
Resolution )l.oClfa.l. Rescinding Resolution 15591
prohibits on-street parking in the 400 block of L Street
Director of Public Works ~
City Manager~
which
ITEM TITLE:
SUBMITTED BY:
(4/5ths Vote: Yes_No..XJ
Council Referral: 2576. 2578
The City Council on April 17, 1992, voted 3-0 to approve Resolution 15591
prohibiting parking on both sides of the entire block of L Street between Fourth
Avenue and Fifth Avenue. The parking prohibition was deemed necessary because
of the construction of the Youth Community Center.
At the meeting of March 17,1992, the City Council, as a result of property owner's
objections, directed staff to retain all on-street parking in the 400 block of "L" Street
and to install a 4-foot wide painted centerline median island for the entire block. At
the City Council meeting of March 24, 1992, Council reconsidered their previous
action to allow restriping of the easterly 800 ft. only so that left turn access in the
area of the Southwestern Christian Schools, Inc. could be retained. At that time, staff
was instructed to return with a six month evaluation report regarding the
effectiveness of the painted median island in place on "L" Street, keeping the westerly
end open allowing left turn access.
RECOMMENDATION: That the City Council accept staff's report and rescind
Resolution 15591 prohibiting street parking in the 400 block of L Street and direct
staff to install yellow reflective pylons within the existing painted median island.
BOARDS/COMMISSIONS RECOMMENDATION: At the November 12,1992 Safety
Commission meeting, the Safety Commission voted 5-0-2 (Matacia/Pitts absent) to
accept staff's report and recommend to the City Council to retain on-street parking
in the 400 block of L Street and add yellow reflective pylons within the painted
median island.
DISCUSSION:
The City Council, on April 17, 1990, voted 3-0 to approve Resolution 15591
prohibiting parking on both sides of the entire block of L Street between Fourth
Avenue and Fifth Avenue. The parking prohibition was deemed necessary because
of the construction of the 17,000 sq. ft. Youth Community Center. Staff was not to
implement this parking prohibition until the Youth Community Center was completed.
/;-/
Page 2. Item ) ~
Meeting Date 1/12/93
At the meeting of March 17, 1992, the City Council voted 3-2 on a motion that
directed staff to retain all on-street parking in the 400 block of "L" Street and to
install a 4-foot wide painted centerline median for the entire block. At the City
Council meeting of March 24, 1992, Council reconsidered their previous action to
allow restriping of the easterly 800 ft. only so that left turn access in the area of the
Southwestern Christian Schools, Inc. (482 "L" Street) could be retained. At that time,
staff was instructed to return with a six month report regarding the effectiveness of
the painted median in place on "L" Street, keeping the westerly end open allowing left
turn access. Resolution 15591 prohibiting on-street parking for both sides of "L"
Street between Fourth Avenue and Fifth Avenue is still in force and should be
rescinded if parking is to be left on the street in the 400 block of "L" Street.
The pair of double yellow centerline stripes to simulate a raised median island were
installed on April 8, 1992. Since that date our records indicate that there was one
reported accident in the 400 block of "L" Street. This accident was a rear end type
involving vehicles in the #2 westbound lane near the Chula Vista High School football
field fence.
Staff and the Chula Vista Police Department have observed numerous violations of the
painted centerline median, i.e. left turns from driveways across the median and
vehicles stopping in the number 1 lane to turn left into driveways. Approximately 8
vehicles per hour continue to make this illegal left turn during the 7:00 - 8:00 a.m.
and 4:00 - 5:00 p.m. peak periods. During specialevents at the Youth Center, this
rate is even higher. While, as indicated above, there have been no significant number
of accidents, left-turns across the painted median island have the potential to increase
the number of rear-end accidents of cars stopped to make the left turn. Sideswipe
accidents may also increase due to motorists attempting unsafe lane changes to the
right in order to avoid the stopped vehicle waiting for a gap in opposing traffic to
make the illegal left turn. Further, this segment of roadway is heavily used during all
hours of the day and vehicles stopping to turn left severely restrict capacity of the
roadway. Staff feels that the illegal left turns can be eliminated by one of three
methods: (1) installation of 75 yellow reflective pylons within the painted median
($2,000); (2) construction of a raised asphalt median within the existing painted
median area ($8,GOO); (3) construction of G-inch raised decorative concrete median
4 ft. wide and GOO ft. long ($2G,800). A raised median, asphalt or concrete, would
be more effective than pylons in preventing left turns. Although the asphalt median
is approximately one-third the cost of a concrete median, the asphalt median requires
greater maintenance. Additionally, asphalt medians are not as aesthetically pleasing
as decorative concrete medians. Staff is recommending the installation of the pylons
because of the cost differential to install either of the medians.
At the City Council meeting of March 10, 1992, one of the alternatives discussed was
a two foot wide raised median with a fence for the entire 1,200 ft. at a cost of
$30,000. The raised medians discussed in this report are only GOO feet long to
!~'2.
Page 3, Item I 'i(
Meeting Date 1/12/93
coincide with the painted double-double median. Property owners have previously
supported a raised median as opposed to removing parking.
All residents affected by the installation of pylons, Chula Vista High School, Pop
Warner, AYSO, YMCA, the Boys and Girls Club, and Southwestern Christian School
have all been notified of tonight's meeting. At the November 12, 1992 Safety
Commission meeting, the residents indicated they do not have any objection to the
raised medians or pylons as long as on-street parking is retained. Southwestern
Christian School also does not object to either of these proposed solutions as long as
the raised median is not extended further to the west than the existing painted
median.
FISCAL IMPACT: $2,000. Funds are available in the operating budget for this
purpose. Costs to be reimbursed with Gas Tax Funds.
Attachments:
Area Plats
City Council minutes of 4/17/90; 3/17/92; 3/24/92 NOT SCANNED
Safety ~ommission minutes of 11/12/92 NOT SCANNli',
Resolution 15591 NOT SCANNED "'-'
FXR:JO-043
WPC F:IHOMElENGINEERIAGENDAILST-CC.REP
010693
/f"3
RESOLUTION NO. {loq I..:>d-.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RESCINDING RESOLUTION 15591 WHICH
PROHIBITS ON-STREET PARKING IN THE 400 BLOCK
OF L STREET
WHEREAS, at the meeting of March 17, 1992, the City
Council directed staff to retain all on-street parking in the 400
block of "L" Street and to install a 4-foot wide painted centerline
median for the entire block; and,
WHEREAS, at the City Council meeting of March 24, 1992,
Council reconsidered their previous action to allow restriping of
the easterly 800 ft. only so that left turn access in the area of
the Southwestern Christian Schools, Inc. could be retained; and
WHEREAS, at that time, staff was instructed to return
with a six month evaluation report regarding the effectiveness of
the painted median in place on "L" Street, keeping the westerly end
open allowing left turn access; and,
WHEREAS, Resolution #15591, adopted on April 17, 1992,
prohibiting parking on both sides of the entire block of "L" Street
between Fourth Avenue and Fifth Avenue was deemed necessary because
of the construction of the Youth Community Center, and is still in
force and should be rescinded if parking is to be left on the
street in the 400 block of "L" Street; and,
WHEREAS, at its November 12, 1992 meeting, the Safety
Commission voted 5-0 to accept staff's recommendation to retain on-
street parking in the 400 block of L Street and add yellow
reflective pylons within the painted median island.
NOW, THEREFpRE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby rescind Resolution No. 15591
which prohibited on-street parking in the 400 block of L Street and
hereby approves of on-street parking in the 400 bloc f L Street.
John P. Lippitt, Director of
Public Works
lO
Presented by
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MINtTI'ES
06-
April 17. 1990
CouncIlman .wcolm ltatecl that Broadway Equities MoWd aclcIrea why they cIicl DOt keep tbelr cd of the
Mrialn when the City cIicl.He _u1d1llte to have al~ up1aln1na why they cIicl DOt put In whatner they
had committed to and why CounclIlbould OftmIIe their C--...I..lons.
CoImdIwoman Jokl".."41iN IIOIIecI the ftl..r_ clurina the publlc bearIDp to the SDGIoE rflht<<-ways and
the Dltd for dUll up.
Mayor Coli darlfiecI the fact that the usap IDr the SDGU easement had DOt been decIdecI but that there
wu a lptCIaI Jt\IcIy beina concIuetecl with the ncommenclatlons due In approzlmately 18 lIIonths. He
iDf'onDed the CounclI that the app1icaDt _u1d be out of WWD \IIltD 5/at90 aDCl ~d be UDaftIlable for
the 511190 meetiDa.
.
MSC (CozIMcCaDdIfIa) to I'<< l'T.o\cIerprior 1II'llCf<<- to __.. ...2OAaDCl 2C8 to the v ''''I of 511190.
Apa4v,..d 3-G-2 with C----.. MacnINacIer -,,"-p
MSC (Co~) to CIIlIII:IDIIt bIIl20A aIIlI2C8 to the ,.....- 1111 .1.., of 5IInO. Arl"'V~ 3-G-2
with Co\lll~'''''llIn MooR/Nadtlr -,,"-,
21. PUBUC HEARING CONSlDERA11ON OF PIlOHlB111ON OF 0N-St1lEf:I' ,ARJaNG PORnm
400 BLOQC OF "1," smEET . The Sweetwater Union Hi~ School Disuict and the llecIeve10plllent Aaency
1ft propo'lngto bulld a 17,000 tQ. ft. Youth Center mid.block on "1," Street between Pourth Avenue and
Pifth Avenue In the Cbula Vista High School propeny. Sd ncOllllllenclt that Council: 1. conduct a public
hews; 2. adopt a resolution prohlbitlnS on-.treet parkins for the 400 block of "1," Street; and 3.
appropriate $2,700 from the General Pund for the requiredltriplns and alsn changes. (DIrector of Public
Works)
RESOLtmON 15591 APPROVING PIlOHlBmON OF ,ARJaNG PORnm 400 Bl.()CK OF "1,"
STREET AND APPROPRIATING $2.700 PROM nm UNAPPIlOPRIA1ED GENERAL PUNDS BALANCE
1blt being the time and place .. aclvertited. the public hearIna wu dedared opeD.
Halllotenberg, Tralfic Engineer. ltateel that during the Safety ComIIlistion bearlns there wu DO oppo.ition
to the parkins prohibition. The neJ&hborhoocl was notifieel of the pencllna parking prohibition.
There being no public testimony, the public bearing was dederecl dosed.
WOIJ1I10N 15591 OPPERED BY COUNauMN MALCXX.M, _";"1 of the tat - walftcI, puaecI anel
~.v...4 3-G-2 with 0--............ ~ p""-'
City Mlnarer Goa DOtecI that the reference to "appropriatiDa of lIIIlcIJ" bad been deleted from the reIOlution.
22. PUBUC HI!ARING JICf. 90 f11. Q)NS1DERA11ON or tHE atU1A VISTA GIlOWTH
MANAGEMENT " Il'UIlNT. ~ AMENDMENT 10 tHE GENERAL PLAN . a1Y 1NI11A1ED . 'I'bt Growth
Manlatlllent E1t11lent .. Part I of an --n Growth I4anqeIIItnt Prosram lIeIJpecl to fIIlpltlllent a
comprehensive Public 'acaltiu Pbaslns and PlDandq Propwm. lid ",,--.,. ....l"'v..J of the
resolution. (DIrector of Plannins)
RESOumON 15592 APPROVING JICA.9G.07 APPllCMNG tHE GJlOW'IH MANAGEMENT
ELEMENT. AN AMENDMENI' 10 nm GENERAL PLAN
1blt beIna the time anel place .. ~ the public hearfn& ... 4Iec1arecI open.
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If-7
Minutes
March 17, 1992
Page 8
Councilman Malcolm said he could not think of anything more important than the park residents becoming
the park ownen, but the residents would have to be very dedicated because it would be a long difficult
process.
Mr. Gustafson confirmed that staff would keep Council informed.
AC'I1ON ITEMS
17.A. REPORT pARJCING CONCERNS FOR nm 400 BLOCK OP"I." STREET AND nm
YOtnH CENTER PARICING LOT - On 4/17190. Council approved Resolution 15591 prohibiting parking on
both sides of "L" Street between fourth Avenue and fifth Avenue to allow for the addition of a two-way left
turn lane. Subsequent to the 4/17190 meeting. staff received a request from the homeownen to rescind
Resolution 15591 and retain on-street parking. In response to the homeownen appeal, a public hearing was
conducted by the Council on 11/12/91 at which time staff was directed to look at redesigning the Youth
Center parking lot and consider access from fifth Avenue or limiting access from "I." Street. Staff
recommends Council accept the report and approve the resolution. (Director of Public Works)
B. RESOLUTION 16537 ESTABUSHlNGANOPARICINGZONEON"I."STREETBETWEENPOURnI
AVENUE AND PIP11i AVENUE IN nm VIaNITY Of nm YOtnH CENTER PARICING LOT DRIVEWAY AND
nm CASA VIANNEY CONDOMINIUMS AND RESCNDING RESOumON 15591 WHIOi PROHIBITED ON-
S'l1U'El' PARICING POR nm ENTIRE 400 BLOCK Of "I." STREET
Hal Rosenberg, City Traffic Engineer, gave a presentation on the eight alternatives and stated that staff
recommended Alternative Six.
Margaret Helton. 162 Mankato Street. Chula Vista, CA 91910, spoke in opposition to staff recommendation.
Councilman Rindone said he undentood that the Safety Commission recommended prohibiting all parking.
Mr. Rosenberg confirmed that was correct.
Cheryl Sullivan, 440 "I." Street, No. B, Chula Vista. CA 91911. spoke in opposition to staff recommendation.
Chuck Schrader, 440"1." Street. No. I. Chula Vista, CA 91911, spoke in opposition to staff recommendation.
He presented photographs showing the parking and an article on the attendance at a football game at Chula
Vista High School. .
Councilman Rindone said there was a common sense approach that could accommodate most of the needs
of all parties. The need for parking there was unquestioned. He suggested: (1) a double double yellow line
the entire length of "I." Street which would not prohibit parking; or (2) a raised median down the street,
if the double double yellow line did not provide the effective safety standards that the Council wanted.
MS (Rindone/Grasser Horton) to direct staff to retain all parking me! put a double double yellow \iDe down
the entire block.
Councilmam Moore thought the safety hazard was compounded by not allowing left hand turns and that
maybe it should be left as it was.
Councilman Malcolm asked if the item would still be before Council if the Youth Center was not going in.
If--!
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Minutes
March 17. 1992
Page 9
Mr. Rosenberg answered no.
Councilman Malcolm suggested putting the double double yellow line down several hundred ~ rather than
the entire block to see if that worked. If there were still problems then it could be extended the rest of the
way on the block. He was trying to reduce traffic and impact the fewest number of people.
Mr. Rosenberg said the greatest number of can were turning left at the Youth Center and the condominium
project. If left turnS were prohibited just at that location it would certainly reduce the risk. . That would be
an option staff could exercise and then return to Council with a report as to whether or not it was successful
Counc~an Rindone said he had a concern with the suggestion because it was a highly traveled street and
that could create more of a safety hazard.
VOTE ON MOTION: 3-2 with eouncDman Malcolm and CouJIM1man Moore opposed.
Mayor Nader suggested that staff monitor the situation periodically and report back to Council if there
appeared to be a hazard.
CoI......1man Malcolm oaJSed at 7:13 p.m.
18. RESOUTnON 16538 LOWERINGnmSPEEDUMlTPOR nm 100BLOCKOP"E"STREIITPROM
3S MPH TO 30 MPH: AND AImlORlZlNG nm INSTALLATION OF APAINI'ED TRAPPlC MEDlANBETWEEN
SECOND AVENUE AND nm 100 BLOCK OF MINOT AVENUE . The recent resurfacing of"E" Street between
First Avenue and Third Avenue provides the opportunity to change the roadway striping between First
Avenue and Second Avenue to enhance traffic safety in the area. Staff recommends approval of the
resolution. (Director of Public Works) ,
Hal Rosenberg, City Traffic Engineer, presented a video of traveling on "E" Street.
Councilwoman Grasser Horton asked if lowering the speed limit by five mph was in the original
recommendation.
Cliff Swanson, City Engineer, answered that it was not in staffs original recommendation.
Mr. Rosenberg said the original recommendation was to provide a continuous left turn lane but to prohibit
parking on the north side.
Councilwoman Grasser Horton asked staff what they thought the ramification would be if only the first part
of the resolution was done and Council waited to see how that worked before doing the second part.
Mr. Swanson stated that staffs initial feeling was that it would probably not solve the problem.
Councilwoman Grasser Horton asked how many accidents there had been in the last year.
Mr. Swanson answered that in a four year period there had been eighteen.
Mr. Rosenberg said that the actUal accident rate, when compared with the state wide average for that type
of roadway, was a little higher.
If-9
Minutes
March 24,1992
Page 2
MS (Malcolm/Moore) to allow Mr. Wilson to remove the trees provided they were replaced with approved
trees (as per City code), at the ownen ezpense.
Dave Byers, Assistant Public Works Operations Director, requested clarification as to whether Mr. Wilson
removed the trees or the City removed the trees and Mr. Wilson reimburse the City. He stated the easiest
way for the property owner would be to have the City remove them. He informed Council that due to the
size of the trees they would have to be destroyed.
Councilman Malcolm responded that the City should remove the trees and Mr. Wilson reimburse the City.
Councilman Malcolm stated be would include that in his motion.
Mayor Nader felt it could be a moot point as the fee may be to high for the property owner. He was not
comfortable that he knew all the implications and was not sure the staff recommendation was based on
thought out policy or the established 1971 policy. He questioned whether staff needed more time to review
the request.
Mr. Byers responded that staff did not need additional time, this was only one instance and that the City
would receive numerous other requests in the future.
.
Councilman Malcolm referred to the policy that allowed property owners to remove trees and replace with
approved trees, at their cost, in the newly developed subdivisions. His motion allowed Mr. Wilson to do
what was allowed in other areas of the City.
John Lippitt, Director of Public Works, stated that in many of the older areas of town, trees were planted
before there were adopted standards. In new areas of town, he did not believe there was a policy that
allowed the property owner to remove and replace the trees.
SUBS1l1UfE MOTION: (Nader/Ma1colm) refer to staff for report back on 6isting policy regarding property
ownen removing trees, the precedent that would be set if approved, costs for removal, whether the policy
is different in separate parts of the City and why.
Councilman Moore stated that only 43% of the trees on the street were in conformance at the present time
and he could not support the substitute motion.
VOTE ON MOTION: approved 4-1 with Councilman Moore voting no.
c. Letter regarding a proposed San Diego Regional Horse Park. E. Allan Buck, 1662 Loma Lane, Chula
Vista, CA 91911. It is recommended that Mr. Buck's letter be received and filed, and that staff contact him
regarding the Otay River Valley Planning process. Pulled from the Consent Calendar.
The item had been pulled from the Consent Calendar by Mr. Buck who was not in attendance when called
to the podium.
MSUC (Rindone;Moore) to approve staff recommendation.
d. Letter regarding replacement for Planning Commissioner Robert Tugenberg . Susan J. Fuller,
Planning Commission Chairman. It is recommended that Ms. Fuller's letter be acknowledged, and that
Council take this request into consideration when filling this vacancy.
e. Letter requesting reconsideration of Council decision to restripe L Street between Pourth and Pifth
Street .Jim Hinton, Minister, Chula Vista Church of Christ, 482 L Street, Chula Vista, CA 91911; Ralph W.
Graves, Principal, Southwestern Christian School, 482 L Street, Chula Vista, CA 91911. It is recommended
that the letter be acknowledged and that no further action be taken. Pulled from the Consent Calendar.
!f-It)
Minutes
March 24,1992
Page 3
James Hinton, 470 "L" Street, Chula Vista, Ca, representing Church of Christ, stated they owned property
at 470 and 482 "L" Street on which were a church and school. He stated that the facilities were utilized six
days a week with most of the traffic traveling to the property from the east. With the proposed striping,
traffic would have to take an alternate route which would result in heavy traffic on Westby. He requested
that Council reconsider their previous action.
Councilman Rindone stated the issue had been discussed extensively and that Council was scheduled to
review the traffic patterns, etc. in six months. He would agree to moving the review period to 90 days.
MS (Rindone/Nader) staff report back to Council at the tint meeting in July with an asr-ent of the
traffic patterns and a comparison in number of accidents in that 90 days to the same 90 day period one year
ago.
Councilman Malcolm questioned why it could not be done the other way, i.e. leave the ends open for left
turn lanes with a review the first week of July. If it was found that it did not work then the entire street
could be restriped.
Mayor Nader questioned whether it would be illegal to make U-turns if the street was partially striped.
Clifford Swanson, City Engineer, responded that the street would be striped with "double-double" lines which
would make U-turns illegal.
Councilman Rindone stated the comments from staff the previous week regarding the traffic stopping mid-
block convinced him to vote for the striping of the entire street. It dealt with two sets of double lines on
only a portion of the street would create new safety conditions.
Mr. Swanson responded that it was still a valid concern.
Mayor Nader expressed his concern that by not striping the entire street it would encourage illegal U-turns
around the partial yellow striping. He had cast his vote last week in ignorance of the problem of the private
school and was inclined to support Councilman Malcolm's solution with the report to come back in a limited
period of time. If it was found that the partial striping was encouraging traffic hazards he would then
support Council's original action.
MOTION WlTIIDRAWN: (Rindone/Nader)
Councilman Malcolm questioned whether staff preferred to have both ends left open or just the westerly end.
Mr. Swanson responded that staff preferred that the westerly end be left open.
MSUC (MalcobnlNader) to leave the westerly end open with a report back to staff in six months.
6.A. ORDINANCE 2498 AMENDING CiAPTER. 3.48 OF lHE MUNICIPAL CODE TO AtmiORIZE
ISSUANCE OF REDEVELOPMENr BONDS TO FINANCE OR REFINANCE INDUSTRIAL, COMMEROAL, OR
UIlLITY PROJE<:rs LOCATED WITIiIN OR WlTHom lHE 01Y UPON A FINDING OF BENEFIT TO nm
01Y (first readinsr) . San Diego Gas and Electric (SDG&E) has requested City assistance in financing or
refinancing certain gas and electric generation, transmission and distribution facilities located outside the
City as well as within the City. Chapter 3.48 of the Municipal Code does not currently authorize the City
to issue revenue bonds to fmance or refmance projects outside the City. Staff recommends Council place
ordinance on first reading and approve the resolution. (City Attorney and Director of Finance) Pulled from
the Consent Calendar.
It~ 1/
Safety Commission Minutes
November 12, 1 992
Page 5
MSC (Thomas/Braden I that the Safety Commission accept staff's report and staff's recommendation
to Install Intersection wamlng signs with 20 MPH advisory plates and to Install 30 MPH pavement
markings at the 30 MPH sign for westbound traffic. Approved 4-1-2 with Commissioner Chidester
voting no, and Vice Chair Padilla and Commissioner Matacia absent.
9. REPORT on Request for Diagonal Parking at the 100 block of Quintard Street
Frank Rivera presented staff's report.
MSC (Chidester/Pitts) that the Sefety Commission accept staff's report and recommend to the City
Council to adopt a resolution allowing diagonal parking along the north curbline of Ouintard Street
between First and Second Avenue. Approved 5'().2 with Vice Chair Padilla and Commissioner Matacia
absent.
10. REPORT on Retaining on Street Parking in the 400 block of L Street
Frank Rivera presented staff's report.
Charles Schrader, 440 L Street #/, Chula Vista, CA 91910, spoke in favor of staff's recommendation.
He said that the homeowners in his complex had been obeying the law and entering from only one
direction. He said the violators of the painted median were users of the Youth Center. He supported
staff's recommendation as long as it did not affect on-street parking.
Mike Osborn, 29 Vista Way, Chula Vista, CA 91910, represented the Chula Vista Church of Christ
at 470 L Street. He said he was in favor of staff's recommendation and asked that staff make sure
that the median/delineators did not extend past the entrance to their church property. He said that
there were people at the church on Wednesdays and Sundays and they saw many violators of the
painted median turning into the Youth Center.
Michael Offerman, 440 L Street, #F, Chula Vista, CA 91910, spoke in favor of staff's recommenda-
tion. He said the problems were a result of the Youth Center and hopefully the delineators would be
a solution. He felt the traffic in the area with the Youth Center was poor planning and it was the
City's burden to find a solution without affecting the property owners parking.
MSC (Thomas/Koesterl that the Safety Commission accept staff's report and recommend to the City
Council to retain on-street parking In the 400 block of L Street and add yellow reflective pylons within
the painted median. Approved 5-0-2 with Vice Chair Pad~la and Commissioner Matacia absent. ~
11. ORAL COMMUNICATIONS None.
STAFF REPORTS
12. 1992-93 CIP Status ReDort - Distributed for Commissioner information.
13. Chula Vista Police DeDartment Traffic SummarY for SeDtember 1992 - Distributed for
Commissioner information.
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RESOLUTION NO. 15591
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SCHEDULE III OF THE CHULA VISTA MUNICIPAL CODE SECTION
10.52.280 AND APPROVING PROHIBITION OF PARKING FOR THE 400 BLOCK
OF "L" STREET
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the Sweetwater Union High School District and the Redevelopment
Agency are proposing to build a 17,000 sq. ft. Youth Center mid-block on "L"
Street between Fourth Avenue and Fifth Avenue in the Chula Vista High School
property, and
WHEREAS, in the interest of publ ic safety and in view of the proposed
development of a youth center and other developments within the City of Chula
Vista with their attendant traffic, staff recommends the prohibition of
parking on both sides of L Street between Fourth to Fifth Avenue to allow for
the creation of a continuous left turn lane, and
WHEREAS, the Safety Commission at its January 11, 1990 meeting voted 6-0
to accept staff's recommendation to prohibit on street parking for the 400
block of "L" Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the prohibition of parking for the 400 block of "L"
Street.
BE IT FURTHER RESOLVED that Schedul e II I of Chul a Vi sta t4uni ci pal Code
Section 10.52.280 is amended by adding "L" Street beginning at Fourth Avenue
and ending at Fifth Avenue on both sides as prohibited parking at all times.
Presented by
Approved as to form by
~~?,~ ~-~
D. R C ar RUdolf, ss s all't')
City Attorney ~
If~/3
Resolution No. 15591
Page 2
PASSED, APPROVED, and ADOPTED by the Ci ty Counci 1 of the C; ty of Chu1 a
Vista, California, this 17th day of April, 1990 by the following vote:
AYES: Counci1members: Malcolm, McCand1iss, Cox
NOES: Counci1members: None
ABSENT: Counci1members: Moore, Nader
ABSTAIN: Counci1members: None
~l~
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authe1et, City Clerk of the City of Chu1a Vista, California, do
hereby certify that the foregoing Resolution No. 15591 was duly passed,
approved, and adopted by the City Council of the City of Chu1a Vista,
California, at a regular meeting of said City Council held on the 17th day of
Apri1,1990.
Executed this 17th day of April, 1990.
7
If ~ If)
COUNCIL AGENDA STATEMENT
Item J!l
Meeting Date )/12/93
SUBMITTED BY:
Report on Floor Area Ratio Requirements for Single-Family Residential
Zones
Director of Planning ~~
City Manager ~
Council Referral No. 2672
(4/5ths Vote: Yes_No.lO
ITEM TITLE:
REVIEWED BY:
On September 15, 1992, the City Council requested staff to review the existing requirements in
the Municipal Code pertaining to "floor area ratio" (FAR) requirements for single-family zones.
These requirements regulate the total floor area of buildings permitted on a lot to a certain
percentage of the size of the lot. This referral was made in response to a letter received by the
City Council from Harold West, dated August 27, 1992, who had been in contact with staff
regarding a proposed building addition which would not conform to the City's requirements.
NOT SCANNBJ)Iched letter). Council requested that staff provide input as to whether the City's existing
FAR system is the best method, what other alternatives exist, and whether different FAR
requirements should be imposed in older parts of the City.
RECOMMENDATION: That Council direct staff to prepare an amendment to the Municipal
Code which would modify the Floor Area Ratio requirement for single-family zones to exclude
open patio covers, and would provide for a "sliding-scale" FAR requirement in certain Planned
Communities.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The existing floor area ratio requirements for single-family residential zones were adopted in
May 1986, largely in response to public controversy regarding a proposed large three-story home
in a developed residential neighborhood. The stated purpose of the regulations was to provide
a means of controlling the bulk and scale of residential development in the absence of a design
review procedure for single-family residential development. The specific regulations set a
maximum FAR of 45% for single-family residential zones, and 55% for two-family residential
zones, with specific FAR requirements ranging from 45 % to 55 % being established for each of
the single-family residential zoning districts in certain Planned Communities in Eastern Chula
Vista. In calculating the FAR's, floor area for all floors of all buildings, as well as patio
covers, is included, except in certain planned communities, where patio covers of less than 300
square feet are excluded.
/cr -(
Page 2, Item ~
Meeting Date . 1/12/93
The Municipal Code provides that property owners who wish to exceed the FAR requirements
may request a zoning variance, which is considered by the Zoning Administrator, and whose
decision may be appealed to the Planning Commission and City Council. Since the adoption of
the City's floor area ratio requirements for single-family residential wnes in 1986, there have
been nine requests for variances to allow projects which would exceed these requirements, of
which seven were approved and two was denied. Of those variances which were approved, the
FAR's ranged from 48% to 53%; the two variances which were denied were for FAR's of 54%
and 55%.
In surveying other cities in San Diego County, only two other cities (Coronado and San Diego)
directly regulate FAR's for single-family zones. Coronado's FAR limit is 75%, while the City
of San Diego's limit is 60%. The City of Solana Beach is currently considering an "FAR-type"
development standard which would result in a limit roughly equivalent to Chula Vista's. Other
cities typically regulate height and bulk through a combination of setback, height, and lot
coverage limitations.
Qptions
A. Retain Current Regulations
As noted above, there have been relatively few variance requests pertaining to the City's
FAR requirements, and the majority of variance requests have been for modest increases
in FAR, which have been approved. The factors which led to the City's adoption of
these requirements in 1986 do not appear to have changed substantially, and the impact
of the regulations on the ability of property owners to make reasonable use of their
property appears to have been minimal.
B. Modify the FAR Standard
There are several ways in which the City could modify the existing FAR requirements
to provide greater flexibility:
1) Increased FAR Standard
The City could revise the FAR standards across-the-board to a higher percentage
figure, such as 50% or 55% for single-family zones. However, as noted above,
there have been relatively few requests to exceed the 45 % standard.
2) "Sliding-scale" FAR Requirements Based On Lot Size
In the newer planned communities, such as Eastlake and Rancho del Rey, the
City has approved a sliding scale of FAR requirements, wherein lots of 5,000 to
/1,2.
Page 3, Item 11
Meeting Date 1/12/93
6,000 square feet are permitted an FAR of 55%; lots of 6,000 to 7,000 square
feet are permitted and FAR of50%; and lots of greater than 7,000 square feet are
limited to an FAR of 45 %. This sliding scale was based on the idea that it would
allow greater flexibility to smaller-lot projects in planned communities, which are
subject to a greater degree of design control than in older R-1-7 zoned areas, and
where all buyers would be aware of the regulations at the time of purchase.
The City could consider allowing "sliding-scale" FAR requirements in other areas
as well, particularly in older planned communities, such as Terra Nova, where
homeowners associations are in place, and property owners would be notified of
the change in rules through the action of amending the regulations. Staff would
recommend consideration of amending the FAR requirements for these older
planned communities to allow a 50% FAR for lots between 6,000 and 7,000
square feet, as is the case in the newer planned communities, provided that the
total floor area not exceed 45% of 7,000 square feet (3,150 square feet). Staff
would not recommend modifying the standard for lots below 6,000 square feet to
the 55% FAR, but instead would recommend that all lots below 7,000 square feet
in these areas be subject to the 50% requirement as suggested above.
3) Exlusion of Patio Covers from FAR Standard
The City has allowed patio covers of up to 300 square feet be be constructed
without counting toward the FAR requirement in newer planned communities.
The City could also exclude the calculation of open patio covers from the FAR
requirement for other areas. This approach would recognize that open patio
covers do not necessarily have the same impact on overall bulk and scale as do
buildings.
C. Eliminate FAR ReqJlirements
The City could return to the system which was in place prior to 1986, wherein bulk and
scale issues were regulated by height, setback, and lot coverage standards only. As was
determined in 1986, these regulations alone did not adequately address at least one
specific development proposal which would have met those requirements, but would have
resulted in a house which was deemed to be significantly out of character with the
surrounding neighborhood. While most other cities surveyed do not regulate FAR's, this
may be a result of how their other zoning regulations dealing with bulk and scale are
constituted, or may reflect different development patterns or community concerns on this
issue, and do not necessarily suggest that the City of Chula Vista's use of FAR's is
inappropriate.
D. Ap'ply Different FAR Standard to Older Neighborhoods
11~..3
Page 4, Item /1
Meeting Date 1/12/93
The City currently applies a uniform FAR requirement of 45% to all single-family
residential zones in existing developed areas, with the exception of existing Planned
Communities (Eastlake, Rancho del Rey, etc.) where the FAR's range from 45% to
55%. The variable range of FAR's in Planned Communities reflects unique
circumstances which are demonstrated in particular projects, such as lot size, lot
configuration, variable terrain, etc. Such circumstances have not been presented in the
existing R-I-7 and other single-family zoned areas. However, it would be possible to
change FAR requirements in specific areas, if unique circumstances were demonstrated.
CONCLUSION
While there are a variety of options available to the City to modify its current FAR regulations,
as discussed above, staff feels that overall the current system has worked effectively since its
adoption in 1986, and the existing variance procedure provides a means of dealing with unique
circumstances which may warrant an increase in FAR in limited cases. However, we do feel that
it would be reasonable at this time to consider amending the FAR regulations to exclude
calculation of open patio covers, much as they are excluded from other floor area calculations
(e.g., calculation of impact fees which are based on floor area.) In addition, we would
recommend consideration of a "sliding-scale" FAR requirement for older planned communities,
as discussed in Section B.2 above. If the City Council concurs with this approach, staff would
return with an ordinance amendment which would implement these changes.
FISCAL IMPACT: None.
(fad.all)
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August In. 1892
TIle Har.oo_ Jerry RIndone
CouncIlman. CIty ol ChuIa VIsla
278 4th Avenue
CIl..a VIsla. CA .1.10
Dear CouncIlman RIndone.
. 1_1d like \0 IaIc8 a moment ol your _ and bring \0 your _~I_I believe \0 be an
ovnghl by the CIty CouncIl and the PIou....... o.,..,.~
I':'
tUS3'."
Several yelII8 ago the CIIy CouncIl _ the PIIrl'*'ll Dep8l1meIlIO develop a ay-.n \0
--.01 the _ co... ol CIty nlIkIerIIaIlaIs. I believe IIlal . the _ there _ a
public uproer caII8CI by the lIIIl88 over building ol a 1Ine IlOIy home OIlllll8 piI1icIUr IaIIn
CIl... VIsla 11* _1UITOUIllled by llIl8l101y -. Aa a"'" the PIaI.1Ing IllIparIment
..- a meIhOd IIlal may be more .68IlIctlVe 1IIan the orIgInallnJIIII ol the CIty CouncIl.
TIle Pllnnlng 0...-1""" del.ll:,.ed _Is called a FAR. (FIoar A/u RallO). TeIelJhllIl8
CheCking haa _aIed 10 me thai Imperlal Beach. EI Cajon. NaIIllIlal CIty, and the Counly NIy OIl
lei b8Ck NqU~ only . their matn form ol--.ol. San DIego CIIy _ _ a F.~R. . a
l8le olllO%. CoronadO .... a I8l8 ol75%, not InCludIng pIIIo8 andlllRlJl8, Which II greaI8r
1IIan CIl.-a VIsla's by a I8l8 ol two to one.
K __ thai the main cause ol concem Is WlIh 1118 llnaller klla ollOOO aq. II. and .... and also
by counIIng 1118 MCllIld SlOry, -.s paIlo8 and -.s ..ot>.ll* .100% -.d ol a lOwer
I8l8 01 40% or -.
Many new hclr.- being buill today are buill 10 the maximum aIIOWIbIe a1ze and can IeIIIn 1118
Ialndreds ol1llousandS ol doIlara. Many ol_ home ___ are In for a Il.rprIse when they
IInd OUllllal they can'I _ InI1aIl a IetaI pallo _ much ... a needed bedroom.
UIlng a Iigunl ol 20 room mdIlIon8 a year . an ... COIl oll25,OOO.OO _ and 30 pallo
covers al an averaee COIl ol $3000.00 WlIh a IOlaI COIl ol _ 10 tllOO,OOO.OO -. ol
0llIlSlNClIllIl wOO< being denied because ol1l18 FAR. TIle CIty ol ChuIa VIlla llloe1ng Income
!rom Icel penntt tees. aaJes taxes not collecllld. IIlaI _ 1lIXes nOlIncrNHd. cIly employees
not needed (including building and planning depaJImenl employees). An employm&ra ataIIIIlc:Ian
may ftgure 10 10 20 workers unemployed In the tow....me.. and constlUClillIl reIaIed
InduSlr1es.
This mailer II Imponant \0 all home -... ol ChuIa VIsla not only for obvIOuS llconomlcal end
hardShip _ 1IlaI K ~ 100. but JlllIlIaIl8 _ more lmporlaI1Ily, the 8dd1llon ol
unnecessary ,_1cIIol1l 1IlaI are making our bll8uItIuI CIl.-a VIsla ... ....lI.. 10 1118 In,
_10 the poI..1Ilal pecpIll are Indll8d leaVIng the _ - - JaIonlld.
I am encIcelng a typical plot plan ola home 1IlaI_be 8dd8d llIl10 only '*-- ol the
.~ ol the FAR. ..... notice the IargI ..... y8d IIlalIn any other jurl8dlc\ton could
be buill \0 1118 lei b8Ck line. Many home _ _ pRIp8Ily mU1IaIn. a y8d 1Ilal1llge.
Maybe ... govemrne.. <<*1_ WlIh .. In ChuIa VIlla and maIle l's way to s..c.amll"lo and
hopllIuIIy all the way to W.....IgIllIl. III CIIlbe ol eervtcll pIeasll call.
Z;~tV4.
HaIokI D. Weal
_ Palm DrIve
ElonIIa, CA .1102
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January 12, 1993
TO:
City Council
,JE: /I-A..(,l.,
FROM:
Tim Nader, Mayor
SUBJECT:
Mayor's Automobile
As you know, part of the approved benefit package for the Mayor's position, long
preceding my tenure, is unlimited use of a City vehicle. This has been so well
understood to be a part of the Mayor's compensation package that the current salary
for the Mayor, set by the Council and approved by the voters in 1988, explicitly took
into account the personal benefit of unlimited auto use as a justification for setting
the Mayor's salary at what would otherwise be a relatively low level. During the
discussion on what salary the citizens should be asked to approve for the Mayor,
Councilman Malcolm made the point, with which I agreed, that the Mayor's salary did
not need to be set any higher than proposed in light of the Mayor's benefits package,
including personal use of an automobile.
The current arrangement, with some minor modifications, is advantageous for City
operations, and the taxpaying citizens.
During the recent Council discussion on use of City vehicles by other City officials,
some tigures have been used which I find surprising. For example, it has been
sugg~;;ted that personal use typically amounts to no more than 2,500 miles per year.
This is far less than I have been reporting. to the IRS and paying taxes on.
Admittedly, I may have been overestimating my personal use in order to assure that
I did not underestimate my tax liability; given the duties and hours of my job, and the
lack of staff support in the office, I simply do not have the time to keep meticulous
records of personal versus business use. Thus, I find it preferable, and a more
efficient use of my time on behalf of the City, to simply overstate my personal use
when reporting it for tax purposes. I have reported approximately 10,000 miles as
my personal use for 1992. While my actual personal use is probably less, I am sure
that I have not overstated it by 400%.
I do not believe it is acceptable to substitute a $550 a month auto allowance for the
personal use of an automobile. Such a situation would be inappropriate for two
reasons. First, it would cost more than a new automobile. An automobile should last
approximately 10 years or more as a useful piece of City equipment; over a mere five
year period, an auto allowance of the magnitude suggested in Council discussions
concerning other City officials would cost over $30,000, or nearly 50% over the cost
of a brand new automobile. While it has been suggested that gas, maintenance, and
insurance amounts to enough to make up the difference, I fail to see how this can be
so.
eJ,JcJv- -/
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If it is so, then the City is paying too much for gas, maintenance and insurance. I do
not believe there are many citizens who pay nearly that amount of money over that
period of time for gas, maintenance and insurance. Certainly, I never did prior to
becoming Mayor when I needed to rely on my own automobile (but had an income of
approximately $30,000 per year higher).
Second, the City has already expended the funds for the automobile which I currently
use, and if I am not switched to an "auto allowance", there need be no additional
capital expense to the City during the rest of my tenure as Mayor; in other words, the
City, having already expended the funds for my automobile, would be unwise to
expend even more funds for an auto allowance to get me out of my automobile.
I believe it is preferable to continue the current practice for other reasons as well. A
limitation on "personal use" poses significant problems which lend themselves to
inefficiency and controversy. As I indicated above, I simply do not have the time to
keep meticulous records of "personal" versus "business" use. Further, I do not
believe it is an efficient use of City's staff to process the paperwork that such a
distinction will generate.
A further complication is posed by the difficulty at times in drawing a clear distinction
between "personal" and "business" use. Many events which I attend on behalf of the
City nonetheless have a "personal" aspect to them; many events which I attend for
personal reasons nonetheless present the opportunity to conduct City business, which
I do when possible. I can imagine the City easily being further embroiled in
controversy over whether a given use should have been considered "personal" or
"business". As I i'ldicated above, my inclination is to overstate the amount of milage
which can be categorized as "personal" so as to avoid any appearance of tax evasion
or other impropriety; however, as a limitation on the use of the Mayor's automobile,
such a restriction on "personal" use could result in demands to forgo use of the
Mayor's automobile for numerous trips which in fact are related to City business,
simply to avoid the appearance, though not the substance of impropriety.
An additional inefficiency is posed if, when the limitation on personal milage is
reached, I am required to drive back to City Hall and change cars, or drive home and
change cars, whenever personal and business errands are interspersed with each
other.
While I believe the Mayor's current compensation, including use of the automobile is
adequate, it is well under half that of other City officials whose automobile use was
recently reviewed by the Council. However, if the Council believes the Mayor is
overcompensated, a more efficient solution would be to simply reduce my salary by
an amount deemed sufficient to offset some portion of personal use of my automobile
so that I could continue to use my automobile without generating additional
paperwork and controversy for the City.
TN:das
auto
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January 7, 1993
TO:
FROM:
SUBJECT:
Mayor Tim Nader
John D. Goss, City MCinager iff
AB 1236
Regarding Items B thru L under your Mayor's Comments, you should be aware that
these and possibly other items are the subject of a meeting of staff tomorrow as
a fo llow-up to a meet ing you convened with representat i ves of Rohr, Starboard and
staff last month on the issue of processing. Also, it is my understanding that
Patty Davis, Chair of the Economic Development Commission, will be writing a
letter to the City Council on some of these issues following tomorrow's meeting.
As I mentioned to you earlier this week, it appears that much of what is proposed
under Items H, I and J regarding building field inspectors is covered by AB 1236,
which went into law on January 1, 1993. A copy of that law is attached for your
information.
JDG:mab
cc: City Council
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1991-1992 REGULAR SESSION
cial institution from which the board (in consideration thereof) purchues other s
in tmenta. In computing the amount of investment pursuant to this section, the ard
may ect to include the dollar amount of commitments to purchue mortgag from
public venue bond programs in the year the commitment is given. Hower, that
election not exceed one-fifth of the total guideline amount. .
Nothing this section shsll be construed to require the acquisition of
or security at ss than the market rate.
If the board rmines during any fiseal year that compliance w' this section will
result in lower ove I earnings for the fund than obtainable from rnative investment
opportunities that wo d provide equal. or BUperigr~aeuril;y, ilw. .guaranteeof yield,
the board may substi those higher yielding investm,m , to. the extent actually
available for acquisition, the investmenta otherwise spe . ied by this section. Addi-
tionally, if (and to the exte that) adherence to the dive ication guideline specified in
this section would conflict wi 'to fiduciary obligations' violation of Section 9 of Article
1 of the California Constitution Section 10 of Arti I of the United States Constitu-
tion, or would conflict with the s ard for prude investment of the fund set forth in
Section 17 of Article XVI of the lifornia stitution, the board may substitute
alternative investmenta. In that eaa , the b d shall estimste the amount of funds
available for investment in substitute a I\'e investmenta and the amount of funds
mveste ursuant to e lr5t ara ra 0 1S sectlon an s a IU mit Ita reao utlon 0
10 lOgs an etermmatlons, toget er WI a crlption 0 the type, quantity, and yield of
the investmenta substituted, to the ernor a to the Joint Legislative Audit Commit-
tee within 20 days following the con sion of the . cal year. Within 30 days thereafter,
the Joint Legislative Audit Com . e shall transml e Auditor General's report to the
Speaker of the Assembly and e Senate Rules Co ittee for transmittal to affected
policy committees.
. . .
The board u n de 10m the final 'amount of funds Bable for investment in
IU stitute a temativ vestments an e estimate amount 0 n s mveste ursuant
to t e ll'8t ara 0 18 section s a au mil t at In ormatlo to e overnor an
e omt ve Au It mmittee. erea ter the omt is ve U It mmlt.
tee 8 a trans t e re ort I') t e u' ltor ehera to t e ea er 0 e sern an
e nate mmlttee on Ru es or transmltta to e a ecte 0 commIttees.
SEC. . This act is an urgency statute necessary for the immediate P ervation of
the pu c peace, health, or safety within t~e meaning of Article IV of the stitution
and . all go into immediate effect. J/-ll' f~J_?~t\l\ini.~~~?;;}~fr".
order for essential public retirernent-4und inve.t;;;;n'i~ilti;l1'ds to be main
is act must take effect immediately.
REAL PROPERTY-LAND USE-PLANS AND SPECIFICATIONS
CHAPTER 641
A.B. .No. 1236
AN ACT to .dd Chapter 11 (commen.lnl With Section 1.870)'to PUt a or DI.lllon 13 or the
Health and Safety Code, rel&Unl to land use.
[Approved by Governor AUlUBt 22, U92.]
[Filed with Secretary of State Augult 24, 1992.]
LEGISLATIVE COUNSEL'S DIGEST
AB 1236, Mountjoy. Land use: approval of plan! and specifications...
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Ch. 541
STATUTES OF 1992
Existing law prohibits, .under .certain .eonditions, imposition of additional eonditions
following, among other things, .approval or eo.nditional approval of a tentative map for a
subdivision of single or multiple family residential units. Existing law makes exception
from this prohibition IInder specifiedeoeditions. ,
This bill would prohibit the enforcement agency of any eity, county, or eity and eounty
from requiring II new or modified building requirement different from those specified in
the plans and specifications, as defined, approved during plan ehecking functions for
which a building permit is issued unless any of specified eonditions apply.
This bill would authorize 11 loeal enforcement egency, as defined, to require a permittee,
as a condition of receiving a building permit, to participate in a preconstruction eonference
to review the plans and specifications for consistency of building eode interpretations and
adequacy and sufficiency of building plan details.
The requirements of the bill would impose a state-mandated loeal program upon loeal
public agencies.
The California Constitution requires the state to reimburse loeal agencies and school
districts 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
reasoY;1.,~...;....&",,,...a:o:._ ..~. ..-Ai~. ~:.~...
The people of the Stote of California do .nact as follows:
SECTION 1. Chapter 11 (commencing with Section 19870) is added to Part 8 of
Division 13 of the Health and Safety Code, to read:
CHAPTER 11. PLA"S ANnl'PECIFICATlONS FOR DEVELOPMENT
19870. (a) As a result of construction inspection, an enforeement agency shall not
impose a new or modified building requirement different from those specified in the plans
and specifications approved during plan checkir,;; 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.
(8) 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
808 of the 1991 Uniform Building Code.
(b) As used in this chapter:
(1) "Building" requirement" means a bUildi"nlfitandard as defined in Section 18909, or
other standard adopted by a loeal agency pursuant to Section 17958 or subdivision (c) of
Section 18941.5, that was effective on the date of the application for the building permit.
(2) "Enforcement agency" meani any department of a local agency that has the
authority to illspect a eonstruction or renovation project and enforee health, safety, or
building codes including, but not limited to, the building department or building diviaion.
the fire department or fire district, and the liealth department.
(8) "Loeal agency" means a city, county, or city and county.
(4) "Plans and specifications" mean the plans, drawings, and specifications for a
construction or renovation project, for which abuilding permit was issued, which relates
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1991-1992 REGULAR SESSION
Ch. 541
to buildings classified for occupancy as a building of Group A, B, and R), purouantlO the
1991,' Edition of the Uniform Building Code of the International Conference of Building
OfficialB. "
(5) "Building inspector" means any employee of an enforcement. agency who performs
inspections of a eonstrUction or renovation project for tbe purpose of assuring compliance
with adopted uniform building codes and standards. .
(6) "Supervisor" means any employee of any enforcement agency to whom a building
inspector reports and who is responsible for reviewing a building inspector's project
spprovals or denials or modification orders.
(c) (1) If an enforcement agency requires thst s new or modified building requirement
be met pursuant to the condition set forth in paragraph (1) of subdivision (a), the building
inspector, within 48 hours of ordering the requirement shall provide the permittee, in
writing on a form prescribed by the enforcement 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 differing from the approved plans and specifications.
(2) If an enforcement agency requires that a new or modified building requirement be
met pursuant to the condition set forth in paragraph (2) of subdivision (a), the building
inspector. within 48 hours of ordering the requirement, shall provide the permittee, in
writing on a form prescribed by the enforcement agency, the applicable building 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 building permit is issued.
(3) If an enforcement 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 hours of ordering the requirement, shall provide the
permittee, in writing on a form prescribed by the el\forcement agency, the applicable
building code or standard that has been. violated .or not' complied with, and the deviations,
additions, or deletions from, or the modifications to, the plan, as the case may be, which
results in a violation or noncompliance with an applicable building code or standard.
(d) If an enforcement agency requires a .new or m.9dified building requirement that
results in a cumulative increase in the overall cost of the cor,truction or renovation
project of 10 percent or more, all findings made by a building inspector pursuant to
subdivision (c) shall be reviewed and approved in writing bi the supervisor of the
constrUction inspector within five working days of the order for a new or modified
building requirement. No certificau: of,occupancy rtl/'y be denied if the findings of a
constrUction supervisor are not so approved. ' , . . ,'., ': . : '
(e) A copy of all findings made by the building inspector pursuant to subdivision (c)
shall be sent to the department within the local agency that is responsible for reviewing
and approving the plans and specifications during the plan checking functions for which
the building permit is issued. '
(f) Compliance with subdivisions (c) and (d) shall not be required if, at the time an
enforcement agency imposes a new or modified building requirement, the building
inspector, the building inspector'a supervisor, and the .permittee consult with one another
within 48 hours of imposing the requirement, and the' permittee agrees with the enforce-
ment agency's order. .
19872. (a) An enforcement agency may require asa condi,ion of receiving a building
permit, that a permittee participate in a preconstruction conference prior to completion of
pian checking of the permittee'a aubmitted plans and specifications for the purpose of
reviewing the plans to ensure consiatency of building code interpretations, and adequacy
and sufficiency of plan detailB.
(b) If an enforcement agency requires a preeonstrUction conference, that enforcement
agency ahall request the participation of any other IJ'propriate enforcement agencies of
the loeal agency who may inspect a c01lslj'Uctipn or'''l.''!lvation project.: ",
.e" ,
1 Punctuation u In enrolled bU!.
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Ch. 541
STATUTES OF 1992
(c) An enforcement 'agenfY inayreW\ir~'\hePermittee to maintain at the site of the
construction or ,renovation project, s'ilet: of'p!aM 'and specifications that reflect any pointa
of discussion, understandings, ap!la~menl;/l-:derived from the preconstruction confer,
ence. . . "'_~ "'.:";' P. -n -.. .;"f~~~;.:~r?J:"
SEC, 2, No reimbursemerit is reguired'-.by, this act pursuant to Section 6 of Article
XIlI B of the California Constitution because't'he local agency or school diatrict has the
authority to levy aemee charge., fees, or'lS1lessmenta sufficient to pay for the program
or level of service mandated by this act. Notwithstanding Section 17580 of the Govern'
ment Code, unle.s otherwise specified in this act, the proviaions of thia act shall become
operative on the same date that the act takes effect pursuant to the California Conatitu'
tion.
CHAPTER 542
A,B, ,No: 275
COMMERCIAL LA W-UNF AIR TRADE PRACTICES-
CELLULAR TELEPHONE SALES
AN A to add Section 11026.1 to the BUline.. and Profe..lon. Code, N1
prac el.
[Apr,-oyed by Goyernor August 22, 1992,]
[filed with Secretary of State AUgllst 24, 2,]
LEGISLATIVE C,OUNSEL'S Dl
, ., .:,.r
AB 275, Connelly, Unfsir trade practices:- ',retail missions.
Exiating provisions 0 he Unfair Practices Act pr ibit any person engaged in \;~siness
within this state from se ' gany article or prod at less than the cost thereof, for the
purpose of injuring com pet rs or destroying c petition. The term "coat" is defined for
these purposes, Existing Is also provide. at where the secret payment of commi.-
sions or rebstes to certain pu asers and ot to all purchasers injures competitors and
destroys competition, it is unla L
This bill would provide that w' standing the definition of "cost" in the act,
commission. or rebates regularly e ed by the retailers of cellular telephones msy be
used to reduce cost not to exceed eater of 1~ of cost, as defined, or $20. Thi. bill
would allow providers of cellu serv s to sell, in specified circumstances, cellular
telephones below cost,
This bill would require al ellular tele'pbo 'retailers to post signs located at the point
of purchase, containing specified notice,' is bill would provide that a retailer of
cellular telephones shal ot refuse to sell a co lar telephone to any cuatomer based on
the customer's refus activate the telephone 'th a specified provider.
The bill would te that it does not affect authority of the Public Utilities
Commission to r late the payment of commissions rebates to distributors or vendors
of cellular tel one..
This bill uld become operative on January I, 1994.
ople of t/le Stole of California do enact... folio
5 ION 1, Section'17026,1 ia added to the Busineas and
7026.1. (a) (1) Notwithstanding the"provisions of Section 026, commiasions or
rebates regularly earned by 'the retailers of cellular telephones be used to reduce
cost, provided, that in no event s!;lallt)!e lI'edu~on exceed the pa of the following:
(A) Ten percent of cost,.. defined ill ;Section 17026.
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