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Home My WebLink AboutAgenda Packet 1992/12/08 Tuesday, December 8, 1992 6:00 p.m. "I declare under penalty of perjury that i am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this AgenJ,,[NoUce on the Bulletin Board at the publi~ 17-liyes Bu:ldin, and at C'ty on Council Chambers DATED, /~9~ SIGNE ~ ''Public Services Building ar Meetin of the Ci of Ch a Vist i Council Re CALL TO ORDER 1. ROIL CAlL: Councilmembers Horton -' Malcolm -' Moore -' Rindone -' and Mayor Nader _ 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINtITES: November 17,1992 and November 30,1992. 4. SPEaAL ORDERS OF THE DAY: a. RESOLUTION 16913 RECITING THE FACT OF THE GENERAL MUNICIPAL ELEcnON HElD ON NOVEMBER 3,1992, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW - A General Municipal Election was held on 11/3/92. Results of the election have been certified to us by the County Registrar of Voters. Council must approve by resolution the results of that election. Staff recommends approval of the resolution. (City Clerk) b. Presentation to Mayor Pro Tern - By Mayor Nader. c. Oath of Office for newly elected City Councilmernbers. d. Comments by newly elected City Counci1mernbers. * * * * CITY COUNCIL WILL RECESS FOR A RECEPTION * * * * (Conference Room 1) 5. ROIL CAlL: Councilmembers Fox -' Horton -' Moore _, Rindone ~ and Mayor Nader _ CONSENT CALENDAR (Items 6 through 13) The 9UlJf m:ommendaIions regarrIing the following items listed under the Consent CaImdor will be entJded by the CoundI by one motion wiIhout disCl.lSsUm unless a Councilmanber, a member of the public or Cit.y 9UlJf requms tIuJt the item be pu1Ied for discussion. If you wish to spt1JJk 011 one of these items, please fill out a "Request to Speak Form" available ", the lobby and submit it to the Cily Clerfc prior to the meeting. (Complete the green form to spt1JJk in favor of the 9UlJf recommendaIion; complete the pink form to spt1JJk in opposiIion to the 9UlJf recommendation.) Items pu1Ied from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pu1Ied by the public will be the first items of business. 6. WRITTEN COMMUNICATIONS: a. Letter requesting adoption of a resolution to establish an uncompensated Veterans Advisory Commission - Robert L. McCauley, 1987 Bucknell St., Chula Vista, CA 91913. Continued from the meeting of 11/24/92. Agenda -2- December 8, 1992 7. ORDINANCE 2536 AMENDING TIiE ZONING MAP OR. MAPS ESTABUSHED BY SECUON 19.18.010 OP TIiE MUNICIPAL CODE REZONING 2.23 ACRES LOCATED AT TIiE NORTHEAST QUADRANT OP 1-805 AND BONITA ROAD TO c.c (second readiru!: and adootionl - The applicant owns the westerly parcel of the two separate parcels which constitute the property in question. Staff recommends Council place the ordinance on second reading and adoption and acceptance of the report. (Director of Planning) REPORT TIMING TO CONSTRUCT RIGlIT TURN LANE ON BONITA ROAD AT 1-805 8. RESOLunON 16914 AMENDING TIiE 1992 LEGISLATIVE PROGRAM POR 1993 AND ADOPTING A LEGISLATIVE WORK PROGRAM POR 1993 - The report proposes amendments to the Legislative Program to reflect issues and address concerns raised during the second half of the 1991-92 legislative session. In addition, a work program for 1993 has been formulated to guide staff and the City's legislative consultant throughout the session. The list of projects was developed after a series of meetings with departments and Councilmembers. Staff recommends approval of the resolution. (Administration) 9. RESOLunON 16915 APPROVING TIiE PIRSf AMENDMENT TO UCENSE AGREEMENT WITIi SDG&E AUTHORIZING TIiE MAYOR TO EXECUTE OmON POR TIiE LEASE OP SAN DffiGO GAS AND ELECfRIC PROPERTY ADJACENT TO MARINA VIEW PARK - A "park-use" license, generated by San Diego Gas & Electric Company (SDG&E) for the City's use of SDG&E property adjacent to Marina View Park, was approved by the Council on 3/1/88 and will expire on 12/31/92. The City has the option to extend the license for an additional five year period. Staff recommends approval of the resolution. (Director of Parks and Recreation) 10. RESOLunON 16916 APPROVING TIiE PROPOSED "TELEGRAPH CANYON EAST ANNEXATION" The Baldwin Company has proposed the annexation of a 120-acre area located on the north side of Otay Lakes Road, west of future State Route 125. The annexation will facilitate development of the Telegraph Canyon Estates project, for which Council has approved a General Development Plan and Sectional Planning Area Plan. Staff recommends approval of the resolution. (Director of Planning) 11. RESOLunON 16917 APPROVING FINAL MAP AND SUBDMSIONIMPROVEMENT AGREEMENT AND AUTHORIZING TIiE MAYOR TO EXECUTE SAID AGREEMENT POR TIiE RESUBDMSION OP LOTS 2, 5 AND 12 OP MAP 12757, CHULA VISTA TRACT 89-14, SANlBELLE - On 12/4/90, Council approved a fmal map (Map 12757) and associated improvement agreement for Sanibelle. The developer has processed a new final map resubdividing lots 2, 5 and 12 of that map under Tentative Map 89-14. The new map will create three additional lots for financing purposes but no additional condominium units. A new Subdivision Improvement Agreement between the new owner, Laura Alison - Sanibelle Partnership, and the City has also been submitted for approval. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 10/6/92. Agenda -3- December 8,1992 12. RESOLunON 16918 APPROVING SECOND AMENDMENT TO AGREEMENT Wl1H DARNELL AND ASSOCIATES, INC. TO PREPARE TRAFPlC SIGNAL PLANS FOR 1-5 AND PALOMAR STREET AND I-MS AND OTAY VAlLEY ROAD INTERCHANGE IMPROVEMENTS - On 10/2/90, Council approved an agreement with Darnell and Associates, Inc. (D&A) to prepare signal design plans for the 1-5 and Palomar Street and 1-805 and Otay Valley Road interchanges. Additionally, D&A was to prepare a Project Concept Report for the I-80S and Otay Valley Road interchange improvements. D&A have completed the design of the 1-5 and Palomar Street traffic signals and the project is presently under construction. However, at the 1-805 and Otay Valley Road interchange CalTrans is requesting additional ramp widening to be done in conjunction with the proposed traffic signals. The civil design work needed to meet CalTrans requirements will cost an additional $15,019 to complete. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLunON 16919 AMENDING SCHEDULE vm, SECl10N 10.52.400 OF THE MUNICIPAL CODE TO ALLOW DIAGONAL PARKING ON THE 100 BLOCK OF QillNTARD STREET . Staff received a request from Earl Wiens, Principal of Castle Park Middle School, to provide diagonal parking stalls along the entire frontage of the school. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLunONS AND ORDINANCES The following itona have been odvertised and/or posted as public hearingr as required by law. If you wish to speak to any item, please fiH out the "Request to Speok Form" available in the lobby and submit it to the City Clerk prior to the muting. (Complete the green form to speak in favor of the staffrecommendJJtion conlJ1IeU the pink form to speak in opposition to the staff recomnumdIl1ion) Comments are limited to five minutes per individuoL 14. PUBUC HEARING FOR THE PURPOSE OF CONSIDERING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX . On 10/25/92, Council established a maximum Transient Occupancy Tax (TOT) of ten percent and provided for annual abatement hearings at which time the maximum tax could be lowered. In keeping with previous years' action, staff recommends that the tax be abated and maintained at its current rate of eight percent. Staff recommends approval of the resolution. (Director of Finance) RESOLunON 16920 APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CALENDAR YEAR 1993 15. PUBUC HEARING CONSIDERING A ONE YEAR ABATEMENT OF THE SCHEDULED CALENDAR YEAR 1993 BUSINESS UCENSE TAX INCREASE TO RETAIN BUSINESS UCENSE TAXES AT THE CURRENT CALENDAR YEAR 1991 LEVEL . Staff recommends the Dublic hearinR: be opened and continued to 12/15/92. (Director of Finance) Agenda -4- December 8, 1992 A ORDINANCE 2537 TO AMEND TITI.E FIVE AND CHAPTER 9.13 OF TIIE MUNICIPAL CODE RELATED TO BUSINESS UCENSE TAXES AND REGULATIONS (unrencv ordinance) - 4/51h's vote required. This item does not require a public bearing but is a related item. B. RESOLUTION 16921 AMENDING TIIE MASTER FEE SCHEDULE TO INCLUDE INVESTIGATION FEES FOR UVE ENTERTAINMENT UCENSES AT TIIE LEVEL SPECIFIED IN CHAPTER 9.13 OF TIIE MUNICIPAL CODE - This item does not require a public hearing but is a related item. C. RESOLUTION 16922 ABATING TIIE SCHEDULED CALENDAR YEAR 1993 BUSINESS UCENSE TAX INCREASE FOR ONE YEAR AND RETAINING BUSINESS IJCENSE TAXES IN CALENDAR YEAR 1993 AT TIIE CALENDAR YEAR 1991 LEVEL, AS PROVIDED IN ORDINANCE 2408, WITH TIIE EXCEPTION OF TAXES ON SPECIFIC BUSINESSES ADOPTED BY ORDINANCE AFTER JANUARY 1, 1991 ORAL COMMUNICATIONS This is an oppol"lUllity for the general publil: to address the CUy Council 011 any subject matter within the Council's jurisdiction that is not an iu1m 011 this agenda. (State law, however; generally prohibits the CUy Council from Ulking oaion 011 any issues not i1u:1uded 011 the posted agmdiL) If you wish to address the Council 011 suda a subject, please cmnp/LU the yellow "Requm to Speak Under Oral Communications Fama" avaiIaIJle in the lobby and submit it to the CUy Clerk prior to the muting. 'I'IuMe who wish to speak, please give your nome and address for record purposes and follow up action. YtlIU time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the CUy Coundl wUl consido iu1ms whidJ have been forwarded to them for considoation by one of the CUy's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS TIu! iu1ms listed in this section of the agenda are expected to eIiI:it substantioI discussions and delibO'ations by the Cowu:il, staff, or members of the general public. TIu! iu1ms wUl be considered individually by the Council and stoff recommendations may in certIJin cases be presented in the aItemoIive. Those who wish to speak, please fill out a "Requm to Speak" fama avaiIaIJle in the lobby and submit it to the CUy Clerk prior to the muting. Publil: comments are limited to five minutes. 16. RESOLUTION 16904 APPROVING COUNCIL POUCY REGARDING USE OF CI1YVEHlCLES AND AUTO ALLOWANCES - On 6/30/92, Council directed staff to prepare a recommended policy regarding personal use of City vehicles and guidelines on the types of vehicles purchased for assignment to Executive Managers. Staff recommends Council approve the resolution, implement the Policy, and direct the Fleet Manager to prepare a report with recommended guidelines and recommendations. (Administration) Continued from the meeting of 11/24/92. Agenda -5- December 8, 1992 17. RESOLtmON 16923 APPROVING CHANGES TO THE APPUCATION FOR PROPOSmON 85 GRANT FUNDS; CERTIFYING THE AMENDED PROJECf BUDGET IN THE APPUCATION FOR FUNDS AVAILABLE FROM CAUFORNIA UBRARY CONSTRUCl10N AND RENOVATION BOND ACf FOR THE CONSTRUCl10N OF A NEW UBRARY AT ORANGE AND FOURnI AVENUES; COMMITTING THE OTY'S MATCHING FUNDS; CERTIFYING THE OTY'S ABIU1Y TO FINANCE THE SUPPLEMENTAL FUNDS NECESSARY TO COMPLETE THE PROJECf IN A TIMELY MANNER; CERTIFYING LOCAL MATCHING AND SUPPLEMENTAL FUNDS WILL BE AVAILABLE WHEN NEEDED TO MEET THE PROJEcrs CASH FLOW REQillREMENTS; CERTIFYING THE ACCURACY AND TRUTIIFULNESS OF ALL INFORMATION CONTAINED IN THE APPUCATION FORM; COMMITTING TO OPERATE THE COMPLETED FAClUIY AND PROVIDE DJRECf PUBUC UBRARY SERVICE - The architectural fIrm of LPA, Inc., in conjunction with the design architect, Ricardo Legorreta, has created a new conceptual plan for the South Chula Vista Library. Because the conceptual plan, consisting of a site plan, a floor plan, elevations and sectional drawings differs from the plan prepared for the City's original California Library Construction and Renovation Bond Act grant application, review by the California State Library was required. The State Librarian has informed the City that he has approved the new plans, but requires a new supporting resolution from Council. Staff recommends approval of the resolution. (Library Director) 18. REPORT UPDATE REGARDING FUNDING FOR THE NATURE INTERPRETIVE CENTER AND A LEASE, LOAN AND OPERATING AGREEMENT BETWEEN THE BAYFRONT CONSERVANCY TRUST, C1IT AND REDEVELOPMENT AGENCY - On 6/30/92, Council approved a report on funding for the Bayfront Conservancy TrustfNature Interpretive Center (BCT/NIC). One of the recommendations of that report was to freeze one half of the Fiscal Year (FY) 1992-93 BCT/NIC budget until satisfactory progress was made in addressing issues raised in the report. The current report offers an update on the significant progress that has been made in addressing those issues. Staff recommends Council unfreeze one quarter of the FY 1992-93 budget to provide funding through 3/31193. (Administration) ITEMS PULLED FROM THE CONSENT CALENDAR This is the timJ! the CiJ.y Cowu:il will discuss items whidl have bem remotIed from the Consent CaImdm. Agenda items pulled at the ""fW'St of the public will be considered prior to those pulled by CoU1u:iJmembers. Public comments are 1imiIed to five minutes per individun1. OrnER BUSINESS 19. C1IT MANAGER'S REPORTCS) a. Scheduling of meetings. Agenda -6- December 8, 1992 20. MAYOR'S REPORTfSl 21. COUNaL COMMENTS Councilman Bob Fox a. Strategies for attracting environmentally sound businesses to Chula Vista. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Institution of litigation regarding acquisition by eminent domain of certain real properties located in public rights-of-way throughout the City - pursuant to Government Code Sections 54956.8 and 54956.9(c) Participation in pending litigation between Laidlaw vs. Bay Cities and EDCO - pursuant to Government Code Section 54856.9 The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on December 15, 1992 at 6:00 p.m. in the City Council Chambers and thence to a joint City Council/County Board of Supervisors on Thursday, December 17, 1992 at 4:00 p.m. in the City Council Chambers. A Special Joint City CouncillRedevelopment Agency meeting will be held immediately following the City Council meeting. COUNCIL AGENDA STATEMENT Meeting Date Item ~ 12/8/92 ITEM TITLE: Resolution /"9/3 Reciting the Fact of the General Municipal Election held on November 3, 1992, declaring the result and such other matters as provided by law. I\ . '0 Beverly A. Authelet, City Cler~ (4j5ths Vote: Yes No -K-) SUBMITTED BY: A General Municipal Election was held on November 3, 1992. Results of the election have been certified to us by the County Registrar of Voters. Council must approve by Resolution the results of that election. RECOMMENDATION: It is recommended that the city Council declare the results of the General Municipal Election which was held on November 3, 1992 for the purpose of electing Members of city Council for Seat Nos. 3 and 4 and for presenting Propositions J through N to the electors. BACKGROUND: On August 4, 1992, City Council approved Resolution 16735 calling a General Municipal Election to be held on November 3, 1992 for the election of Councilmembers in Seats 3 and 4. The Resolution included five propositions to be presented to the voters. The election has been held, the ballots have been canvassed by the Registrar of voters, and the results have been certified to us. Attach. Resolution '-/0.- - / /J/ (hI- RESOLUTION NO. 16913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1992, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Chula Vista, California, on Tuesday, November 3, 1992, as required by law; and, WHEREAS, notice of the election was 9iven in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and, WHEREAS, pursuant to Reso 1 uti on No. 16735 adopted August 4, 1992, the Registrar of Voters canvassed the returns of the election and has certified the results to the City Council. The results are received and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the number of ballots cast at the polls was 36,466 with 10,296 absent voter ballots for a grand total number of ballots cast in the City of 46,762; and, SECTION 2. That the names of the persons voted for at the election for Members of the City Council are as follows: Names of Nominees for Seat No.3 Carmen Sandoval Fernandez Michael Bolger Brent H. Rivers Shirley Horton Robert "Bob" Piantedosi Names of Nominees for Seat No.4 Robert "Bob" Fox Xema Jacobson Donald M. Swanson Virginia Piantedosi Joseph D. Cummings t/a- ~. 3 Resolution No. 16913 Page 2 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does hereby declare Shirley Horton elected to Seat No.3 and Robert Fox elected to Seat No.4. SECTION 5. That the propositions voted for at the election are as follows: Propositions: Proposition J - Runoff Elections Proposition K - Vacancies Proposition L - Appointive Boards and & Commissions . Proposition M - Appointments, Terms, and Vacancies Proposition N - Public Works Contracts SECTION 6. That the City Council does hereby declare that Propositions J, K, M and N have received the votes necessary to become effective, and that the Charter is amended in the manner specified therein; and that Proposition L has failed to receive the required votes, and is accordingly not effective. SECTION 7. That the number of votes given at each precinct and the number of votes gi ven in the Ci ty to each propositi on is 1 i sted in Exhi bit "A" attached. SECTION 8. The City Clerk shall enter on the records of the City Council of the City of Chula Vista, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the propositions voted for; and (3) the number of votes given at each precinct to each proposition. PASSED, APPROVED, and ADOPTED this 8th day of December, 1992. Presented by ruce M. Boogaard City Attorney Beverly A. Authelet City Clerk '1~ - r Resolution No.16913 Page 3 EXHIBIT MAM I. 1:.......'8'8'8 . :HUj~OIII N CII CII ........~~I ~ OO!J ~~~ . ~: ....1:~1.... I S=lO~. . 01: ~:J8 ~ u 8 .13.iS . !~N lS....S .... ..CIII:.ob 0 '8=~~~.. ~ ........:J ........ 0...... ...... Q :5 ....l"lo.:lo 'tl .0 ~.. ~ ~ ~.j.~I~~ 1ft ~~ ~'8 a N 'i~r81:""i . .... ~ti=i"".c:!i ~ ~='I:!~ =,1: ~ ~'8 0;. ..1Il.... .. . ~o ~. ~ . .lJ~~0~10 .... .~.... ~ i=.c:='~: . .. IlIl .. I: : . I >o~ . .... lJ .c:0~8 ~ I: .... If........ .'81i~ .... .... l~i~.".I:"" 0 . . ..~ ~..="". 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C...Hll lQ (JI >It -- - -- nz -- -'" -- ~ '" ..'" -- 0 " --NUl < " A-.O m '" CClC7lACD '" n 0 z ~ C7l"",c:ncn '" lJlNO- ~ n NOAUl >It ~ '" '" -.. ... "'... ....AW Z '..,11.11 _w 0 WNWW ,,(DeDCD (DOcnUl >It J/a,. ' ~ n . . .... < 0 0 ." ." ." - n n :t c: ~ ,.. ,.. ~ n < ~ - z '" < .... ~ ~ '" '" - n 0 . z . ~ 0 '" ~ z o - m " o n ZO OC: <z m.... ,,< .. "''' "m z ",m . " ,. -,.. '" ",m "',.. m n .... o z , '" - , '" '" o ... '" CII " ~ " m '" " " '" . . . ORDINANCE NO. J...{'JJ, 'r:$)O<{j\-O~ AN ORDINANCE OF THE CITY OF CHULA.. ~ ~'\) AMENDING THE ZONING MAP OR MAPS_~~HED BY SECTION 19.18.010 OF THE CHULA ~'MuNICIPAL CODE REZONING 2.23 ACRES LOCATED AT THE NORTHEAST QUADRANT OF 1-805 AND BONITA ROAD TO C-C WHEREAS, a duly verified application for a rezoning was filed with the Planning Department of the City of Chula Vista on July 15, 1992 by Robinson Pacific, Inc., and WHEREAS, said application requested that the 2.23 acres located at the northeast quadrant ofI-805 and Bonita Road (the Property) be rezoned from C-V-P (Visitor Commercial with Precise Plan) and A-8 (Agricultural, minimum 8 acres) to C-C (Central Commercial), and WHEREAS, the Planning Commission held a public hearing on October 28, 1992 and voted 5 to 0 recommending that the City Council enact an ordinance to rezone said Property to C-C (Central Commercial); and WHEREAS, the City Council set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. November 24, 1992 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the Environmental Review Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-92- 35. NOW, THEREFORE the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: Environmental. The City Council finds that the project would have no significant environmental impacts and adopts the Negative Declaration issued on IS-92-35. pu93bor .cc ~ft. II/'~ (q ~ ~~~ >- d.l '" sf of( ~. ^ . <,,\L( t: '"1' 7-1 SECTION II: Findings. -.. The City Council finds that the rezoning is consistent with the City of Chula Vista General Plan as amended concurrently with this action and that the public necessity. convenience, general welfare, and good zoning practice support the rezoning to C-C. SECTION ill: Rezoning. Section 19.18.010 of the Chula Vista Municipal Code (being the zoning map) is hereby amended to rezone the Property to C-C .Central Commercial" as shown on the Exhibit attached hereto. Presented by Bruce M. Boogaard City Attorney Robert A. Leiter Director of Planning ~ ........, pc:z93bor .cc 7-2/7-10 . . . COUNCIL AGENDA STATEMENT Item Meetina Date J~f .)- ITEM TITLE: PUBLIC HEARING: GPA-93-02, PCM-93-03 and PCZ-93-B - Request to: 1) amend the General Plan from "Visitor Commercial" to "Retail Commercial; 2) adopt a specific plan to be known as "Bonita Gateway"; and, 3) rezone from C-V-P and A-8 to C-C for 2.23 acres of property located at the northeast quadrant of Bonita Road and 1-805 - Robinson Pacific, Inc. SUBMITTED BY: RESOLUTION I' 7" / Adopting GPA-93-02 and PCM-93-03 ? ,-; OOt'1\O~ ORDINANCE ~ -.:1" Enacting PCZ-9~~G ~O PI . ''''2/''t.CO~O R't.f>i Director of Planning ;t!?L City Manager 1 (4/Sths Vote: Yes _No..x> REVIEWED BY: The applicant, Robinson Pacific, Inc., is requesting: 1) an amendment to the General Plan from "Visitor Commercial" to "Retail Commercial"; 2) the adoption of a specific plan governing the development of 2.23 acres located at the northeast quadrant of Bonita Road and Interstate 805; and, 3) a change of zone for said property from C-V-P (Visitor Commercial with Precise Plan) and A-8 (Agricultural, 8 acre minimum) to C-C (Central Commercial). The applicant owns the westerly parcel of the two separate parcels which constitute the property in question. The Environmental Review Coordinator conducted an Initial Study, 15-92-35, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Mitigated Negative Declaration issued on 15-92-35. RECOMMENDATION: That Council adopt the resolution and ordinance approving GPA-92- 03, PCM-93-03 and PCZ-93-B. BOARDS AND COMMISSIONS RECOMMENDATION: On October 27, 1992, the Planning Commission voted 5-0 to recommend that Council approve GPA-93-03, PCM-92-03 and PCZ-93-B. 7 ....2.~~ Meeting Date 124 2 ."""" .. /~0~ DISCUSSION: Existin~ Site Characteristics The project Aite consists of two irregularly shaped vacant parcels totaling 2.23 acres of land bounded by Bonita Road to the south, 1-805 to the west and Plaza Bonita Road to the north and east. Easements across the easterly parcel provide the westerly parcel with access from Plaza Bonita Road and facilitate access from Bonita Road. The unusual configuration and inconsistent zoning of the properties is a result of property acquisition for the Sweetwater Regional Park and the subsequent realignment of Plaza Bonita Road to accommodate the 1-805 interchange. The entire area is subject to inundation from 1 DO-year storms according to the latest flood maps. Initial engineering studies indicate that fill up to 3' in height will be required. Adiacent General Plan Desi~nation. Zonin~ and Land Use The project site has been designated for "Visitor Commercial" since the adoption of the City's first comprehensive General Plan in 1964. The General Plan also designates this area as a "Gateway" to the Bonita Community. The westerly parcel is zoned C-V-P (Visitor Commercial subject to a precise plan) and the easterly parcel is zoned A-8 (Agricultural 8 acres minimum). ""'" The adjacent General Plan designations, zoning and land uses are as follows: General Plan ~ Land Use A70 Regional park (County) Open Space RRl & C37 Vacant & Office (County) building A70 Regional park (County) (vacant) Unzoned 1-805 Freeway (City) North: Open Space South: Low Res. East: Open Space West: Interchange Prior Develooment and Rezonin~ Pro.POsals Two prior development proposals were approved but never constructed on the westerly parcel; one for a sit-down restaurant, and one for a drive-thru restaurant. A later proposal to develop a self-serve gas station on the westerly parcel was denied by the Planning Commission. Finally, a proposal by the County of San Diego to rezone the easterly parcel from A-8 to C-V-P was denied by the Commission and the parcel was subsequently sold by the County. .~ 7- c2.. ""'" , . 7 Page 3, Item ~ Meeting Dat~ ~ J v i /7' 'i' 7 ,,:L The development of these properties and the implementation of the approved projects has been delayed in part by indecision on the future design of the 1-805 and Bonita Road interchange and other related traffic circulation issues. In 1988, a traffic study was undertaken by the City in conjunction with the County, National City and CalTrans in order to address interchange designs and traffic concerns in the Sweetwater Valley. Several interchange alternatives were considered by the study which determined a loop interchange as the preferred alternative to solve the problems in and around the I-80S/Bonita Road interchange. However, a follow-up study performed in 1990 by Caltrans determined that it was not cost effective to reconfigure the 1- 80S/Bonita Road interchange. The study concluded that since the area served by Bonita Road is relatively built out and since the completion of SR-S4 will provide sufficient capacity in the Bonita corridor, the traffic projected for Bonita Road and the 1-805 interchange will only be slightly higher than existing volumes. Because of the high cost associated with a modified interchange and because there would be relatively low benefit derived from the costly improvements, Caltrans concluded that sufficient capacity at the interchange could be accomplished by traffic operational improvements which have since been accomplished. The report and recommendations contained therein were accepted by the Council in 1991. . General Plan . Another factor which has hampered development is the visitor commercial designation/zoning, which provides for a very limited list of land uses which are further constrained based on the size, configuration, easements, and access to the two parcels. The two parcels may have to be consolidated or a joint partnership created in order to accommodate a hotel/motel or sit-down restaurant. Failing this, there may again be pressure to develop a drive-thru restaurant, service station or other uses not believed to be consistent with either the traffic constraints in the area or with the site's location at the gateway to the Bonita Community. It is staff s view that it is appropriate to redesignate the site to "Retail Commercial" to accommodate land uses which are more consistent with the site constraints, and which will foster appropriate development. This designation would also authorize land uses which are more in keeping with the "gateway" status of the site. Zonin!! An appropriate zoning classification to implement the General Plan "Retail Commercial" designation is the C-C (Central Commercial) zone. While this zone is primarily structured for the development of shopping centers, it has also been applied in other circumstances, such as along sections of Third Avenue and other areas where heavy commercial uses were considered inappropriate. However, there are certain land uses permitted in the C-C zone, as well as other standards such as height, setbacks, and signs, which are not particularly suited for this site. The 7 _ 4, _ ;:~. """ Meeting Date 9 .. J:Y17 J- attachment of the precise plan modifying district could address some of the concerns regarding development standards, but cannot be used to limit land uses. Specific Plan An alternative to the precise plan which would address not only the land use issue and development standards, but also issues regarding the coordination of development between the two parcels, is the adoption of a specific plan. The specific plan would allow the City to establish land uses most appropriate for the property and to establish development guidelines and standards which are sensitive to the area and take into consideration lot configuration, access and its proximity to a "gateway" into the Bonita Community. The proposed specific plan (Exhibit "CO) allows the two primary visitor commercial uses, hotels and restaurants, but prohibits certain land uses such as automotive repair, gas stations, drive thru restaurants, and other land uses which are allowed in the C-C zone but which are considered inappropriate for this site. The primary distinction between the development standards in the specific plan versus those in the C-C zone is a reduction in the setback from 25 ft. to 15 ft. for single-story structures adjacent to Bonita Road. This has been proposed in recognition of the irregular shape of the parcels, coupled with the desire to coordinate access and eventually parking between the two parcels. Also, the City has required an extraordinary 18 ft. dedication on Bonita Road in order to create an exclusive right turn lane onto the 1-805 on-ramp. The specific plan also establishes an overall height limit of 30 ft., whereas the C-C zone has no limit on height. ~ , With respect to signs, the C-C zone allows freestanding pole or monument signs up to a maximum of 150 sq. ft. and 50 sq. ft., respectively, primary wall signs up to three (3) sq. ft. of sign area per lineal ft. of building frontage, and secondary wall signs up to two (2) sq. ft. of sign area per lineal ft. of building frontage. The specific plan would allow only monument signs up to a maximum of 40 sq. ft., primary wall signs up to one (1) sq. ft. of sign area per lineal ft. of building frontage, and secondary wall signs up to 0.5 sq. ft. of sign area per lineal ft. of building frontage. Comments from Public Works The Public Works Department has reported that the following list of items will be required under the authority of the Chula Vista,Municipal Code in conjunction with any building permits issued for the parcels: a. A separate construction permit for work performed in the public right-of-way b. Sewer, traffic signal and development impact fees """ 3H~7-Y . c. d. e. f. g. h. . Page 5, Item Meeting Date Public improvements include, but are not limited to, the following: 1. driveway approaches 2. curb, gutter, and sidewalk (5.0') 3. pavement widening to 58' half width on Bonita Road 4. a street light, 50' west of driveway on Bonita Road 5. a 4' raised median along the frontage on Bonita Road An improvement plan A grading permit Underground utilities on site Dedication to provide 68' half right-of-way on Bonita Road Perhaps additional dedication and improvements on Plaza Bonita Road, to be determined in conjunction with County at time of development. CONCLUSION The property is located adjacent to the freeway on a heavily travelled road, yet it has not been developed in the manner as designated by the General Plan even though this designation has been in effect since 1964. Therefore, it would be good planning practice to consider some alternative land uses for the site which would encourage appropriate development. The redesignation of the site for retail commercial use, rezoning to C-C and the adoption of a specific plan to supplement the underlying zoning and specify a custom list of allowable uses and development standards which would address the constraints and coordination issues, should help foster appropriate development of the property. The applicant has prepared plans for the development of a retail structure on the westerly parcel (please see attached). The plans are in conformance with the development standards of the proposed specific plan, and were approved by the Design Review Committee subject to favorable action by the City on the General Plan amendment, rezoning and specific plan applications. The plans were also presented to and supported by the Sweetwater Community Planning group. A copy of the draft specific plan was forwarded to the owner of the easterly parcel, Mr. Jaime Bonilla, for comment. Mr. Bonilla and his representative, Mr. Mateo Camarillo, were also invited to meet with the city staff and the applicant to discuss the plan in detail. Mr. Camarillo reported that although they had some concerns with the land use limitations and other aspects of the plan, they would not object to anything agreed to between the City and the applicant. . p:<~?-~ ? ....., B... K Meeting Date ""'"'" /,,1../1~ .J- A provision has been included in the resolution adopting the General Plan Amendment which has the effect of combining it into a single action with any other General Plan Amendment adopted at the same meeting. This provision ensures that the City does not exceed the limitation on the number of General Plan Amendments it can adopt in anyone calendar year. FISCAL IMPACT: Not applicable o."'1l3.cc) ""'" .."""\ 4')- -f~ ~~ , .~ 0", 80NIT~BOAD _\ t_ - 6 _11TH Cue No. tICZ...3..... Acreege: ~.23 cele: ,. toO' .te:~ DrIM\ By: ~J-- Checked By: ,EXHIBIT "B" 7 HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE _~36 BY THE CITYC-oUNCIL ON 12-8-92 City Clerk illite ZONING MAP - 476 -. TInS PAGE BlANK -. """ 10/ ~?~/e COUNCIL AGENDA STATEMENT ltem2 Meeting Date 12/8/92 ITEM TITLE: Report on timing to construct right turn lane on Bonita Road at I-80S SUBMITI'ED BY: Director of Public wory ~ REVIEWED BY: City Manager? (4/5 Vote: Yes_No.X,,) At the November 24, 1992 City Council meeting, the City Council approved the first reading of an ordinance to amend the zoning of the properties at the northeast quadrant of Bonita Road and I-80S, but added a provision that no occupancy permits be given until an exclusive right turn lane is added on Bonita Road to I-80S. Staff was to return with a report on the timing of the project when the ordinance came back to the Council for the second reading. RECOMMENDATION: That the Council accept the report. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Robinson Pacific. Inc., the owner of one of the properties at the northeast quadrant of the intersection of Bonita Rd and I-80S requested an amendment of the general plan, adoption of a specific plan and rezone to a commercial designation. The amendment and rezone included both properties shown on the attached map. One of the conditions that has been applied is that the property owners dedicate right of way and widen Bonita Road to provide for 58 feet of pavement on 68 feet of right of way to accomodate a free right turn lane onto the freeway. The condition was added that no occupancy permits be given until the additional lane is complete. The attached map shows the area proposed"f~r.,widening to provide the right turn lane for the freeway. In order to provide the complete widening to make it available prior to occupancy, two separate property owners must improve their respective frontages and the City would have to widen the portion of Bonita Road within the Freeway right of way. In order to accomplish the later part of the widening, a major box culvert would have to be extended. The total cost of the widening to provide 58 feet of pavement is estimated to cost $250,000, including all engineering, inspection and administration costs. The major portion of this, $168,000, is within Caltrans' right of way, is due to the need to extend the box culvert and would have to be funded by the City. In order to determine a feasible schedule for the project, staff met with Caltrans' staff and reviewed the project. Caltrans advised us that, since they had performed a preliminary study of the intersection in 1990 there would be no need for any further project studies as long as the 7-1/ Page 2, Item Meeting Date 12/8/92 cost of the project is less than their guidelines for permit projects of $300,000. However, since our proposed project provides for one or two 11 foot wide lanes and a five foot bikepath, and Caltrans' and Federal Highway Administration's standards require a minimum 12 foot wide lane and an 8 foot shoulder, a design exception would have to be applied for and approved by Caltrans' Sacramento headquarters. Caltrans' local staff appeared to be able to support such a design exception based on the configuration of the remaining portions of roadway and the high cost to provide the minimal additional widening. Our estimate of the total project cost if we were denied a design exception increases to $270,000 of which the City's share is $185,000. The anticipated schedule to complete the environmental documents, contract with an engineering firm to do the design, process the design exception, prepare the plans, obtain Caltrans' review and approval, and get to the point of advertising for bids is 62 weeks from the time an agreement has been approved with both property owners to enter into a joint project. An additional 15 weeks will be required to advertise, open bids, award and begin construction. Construction will require approximately 16 weeks to complete the project. Therefore, the total schedule is 93 weeks from the time when the City can begin the project to the time an occupancy permit can be issued. It should be noted that this schedule requires both property owners to enter into an agreement with the City to fund their share and deposited the funds with the City, and for the City to identify a funding source for our share. An alternative that could allow the beginning of the process to happen sooner is that the first property owner wishing to begin development of their property would front the funds necessary for the City share, at least the design portion, and for the second property owners share. Under this alternative, the City would create a reimbursement district on the second property to pay their share on the cost when development takes place. Even if this schedule could be cut some, it appears that the street improvements may not be completed until after the property is developed and ready for occupancy. Therefore, Council may wish to consider an option to allow occupancy if the property owners shares have been guaranteed, the City share budgeted and the permit process with Caltrans has been started. FISCAL IMPACT: The cost of this proj ect to the City, if Caltrans approves the design exception for narrower lanes, is $168,000 and $188,000 if the design exception is not approved. No funds have been identified for this project and will either need to be included in the CIP budget before any work can proceed, or the property owner must front the City's share. CLS(CLS:C:BONITA.113) 7'/~ . ,Ii" ';::J' Cl IU w 0;: I I 0 - I fi' OJ ::lo I \!lCl: ~ I J@ I III > II( I ~ - I 0<>: ~ ~ -J ~ :z~ <t z :2 <:l ... ~~ t- _ ~<t ~M Cl'-' '.:l I I / / 1/ / I I / ~ /' ~<(l! / I '-4!' 1 \ 0 I I I' ,re /!< \ / .y 0" " J --- / 1 , / ~ --2- 001 =.1 \ , d IIC ---...~ ~ o IX) - q Q:: ~ <.J 2: '2H ....... () - ~ \l)u 0 z- l:Q _u. (0- OU <(I ~~ ~I ~ :f>J "'(;J ~ t()<I. ? S" ___, or ' 'J It" , I .0 1 \ ~ ;>1 , H tJ/ \ I \ I \ I \ I I ..e ~ 9~ \ ~ 0<;) ~~o ~ ....~ .. ll! ,-.. < ~ S < '" 5 po o AI"" ~~ ~ ~ l- ~ OcO CQ2 It) o lX) , I--f '-' \ , .' , , , , , " , , , ~ \ ~ \ ~. , ~ \ \ ~ 7-/3 COUNCIL AGENDA STATEMENT Item 8" Meeting Date December 8. 1992 ITEM TITLE: Resolution I~'PIY Amending the 1992 Legislative Program and Adopting a Legislative Work Program for 1993. ~I SUBMITTED BY: Assistant city Manager~~ _./.-/ ~ REVIEWED BY: city Manage~ (4/sths Vote: Yes___ No-l-l 1/ The Legislative Program was provided for in the Orqanization and Procedures on Leqislative matters affectinq the citv of Chula vista adopted as Council Policy in January 1987. The purpose of the Legislative Program is to identify and adopt position statements regarding a variety of issues which reflect the policy and direction of the Council/Agency. This action sets guidelines which permit staff to make timely responses consistent with Council's desires to sponsor, support or oppose bills during the legislative process. Historically, the program has been reviewed at the beginning of each 2-year legislative session and amended as necessary at the midpoint of the session. This report proposes amendments to the Legislative Program to reflect issues and address concerns raised during the second half of the 1991-92 Legislative session. In addition, a work program for 1993 has been formulated to guide staff and our legislative consultant throughout the session. The list of projects was developed after a series of meetings with departments and Councilmembers. RECOMMENDATION: That the City council adopt the proposed amendments to the Legislative Program and the Work Program. BOARD/COMMISSION RECOMMENDATION: This report has been reviewed by the Legislative Committee and reflects their comments as well as input from the department heads and Councilmembers. DISCUSSION: Leqislative Proqram The Legislative Program is divided into two categories. category I represents those items "which can be acted upon directly by staff with concurrence of the Legislative Committee", with category II consisting of legislative items "which require formal council action". Component areas include: g,,/ Item g" Meeting Date December 8. 1992 A. Bayfront/Redevelopment B. Fiscal support/Home Rule C. General Government D. Housing and community Development E. Land Use Planning F. Environmental Protection G. Public Employer/Employee Relations H. Public Liability I. Public Safety J. Transportation K. Recreation L. Library A number of amendments are proposed to update the City's Legislative Program. The copy, attached to the accompanying resolution as Exhibit 'A', denotes additions by underline, and deletions by strikeout. The items deleted (Section II, Environmental Protection and Public Safety) have been accomplished: E.2.b. support efforts to form a Special Act District, consistent with established Council direction and policy, for regional administration of the San Diego Metropolitan Waste Water Treatment System. Support efforts to establish an abandoned vehicle program allowing the immediate removal by the City of junk/abandoned vehicles. B.1.g. Noteworthy is the proposed addition of a Library section, which addresses support for continued State and Federal funding of Library and literacy programs. other proposed additions include: * Adjusting unitary tax roll procedures so that the jurisdiction in which major utility projects are constructed receives substantially more benefit than is currently provided for; * seeking fiscal reform for local government funding; * Subjecting the Legislature to the Brown Act; * Processing of a Master EIR for biomedical industrial development; * Requiring minimum content standards for use of recycled materials in manufacturing; * clarifying exemptions to the Fair Labor Standards Act for salaried employees; * Identification of beer kegs to curb under-age drinking; ~~ Item ~ Meeting Date December 8. 1992 * staffing of Photo Radar posts by properly trained, non- sworn personnel, and allowing the issuance of a photo radar citation to trigger the arrest warrant process. Work Proaram In an effort to maximize our resources and impact at the state level, the work program, attached to the accompanying resolution as Exhibit 'B', has been developed to guide staff and our legislative consultant. This document is the result of several meetings with departments, councilmembers, and our legislative consultant. It serves several purposes: a) as a work plan for staff and the legislative consultant; b) narrows the scope of the legislative arena to specific issues of concern to Chula vista; and, c) serves as a valuable tool for setting the city's agenda and evaluating our lobbying efforts in the state legislative process. The proposed work program is divided by department and priority. Included is a description of each request and recommended follow-up action. The priority assigned to projects is based on the following criteria: 1. Urgency (i.e., significant cost or need) 2. Timing/political climate in Sacramento 3. Feasibility Although priorities have been set, the Work Program should not be considered a static document. It will be reviewed by staff and the Legislative Committee and amended throughout the year to take advantage of the legislative agendas at the local and state level. It is staff's intent to continue to update the Work Program as needed and provide Council with quarterly status reports on progress. FISCAL IMPACT: Although adoption of the Legislative Program and Work Program for 1993 does not result in any cost to the City, the contract with Advocation, Inc., as amended and approved by Council on 11/17/92, constitutes an annual cost of $74,040 inclusive of the base contract and reimbursable expenses. B:\(Al13)\LEGISLAT.PRO 8"~3 / 8,1./ RESOLUTION NO. /~9JLI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 1992 LEGISLATIVE PROGRAM FOR 1993 AND ADOPTING A LEGISLATIVE WORK PROGRAM FOR 1993 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in January, 1992, the City Council adopted its 1992 Legislative Program in order to set forth the guidelines for reviewing and establishing a City position related to State and Federal legislation and policies; and, WHEREAS, amendments to the Legislative Program to reflect issues and address concerns raised during the 1991-92 State Legislative Session are contained in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full; and, WHEREAS, as a result of meetings between City staff, Advocation, Inc. and members of the City Council in November 1992, a Legislative Work Program, attached hereto as Exhibit "B", was developed for 1993 to guide the work of staff and Advocation, Inc. regarding issues of immediate concern; and, WHEREAS, Exhibits "A" and "B" have been reviewed by the Legislative Committee and reflect their comments as well as input from the City Council and department heads. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the 1992 Legislative Program as set forth in Exhibit "A", and as amended, same shall be known as the 1993 Legislative Program of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Council does hereby adopt the 1993 Legislative Work Program as set forth in Exhibit "B". BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement these programs. F:\bomI>\atton>>y\kJPftl&.tell Presented by Sid Morris Assistant City Manager ~'5 / 8,,& EXHIBIT "A" 1993 LEGISLATIVE PROGRAM I. LEGISLATION WIllCH CAN BE ACTED UPON DIRECTLY BY STAFF WITH CONCURRENCE OF LEGISLATIVE COMMITTEE. A. Bayfront - Redevelopment. \. Support legislation adjusting Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). 2. Support Coordination of Federal Coastal Zone Management Act, Environmental Protection Agency (EP A) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts. 3. Oppose efforts to further control tax increments in redevelopment projects. 4. Seek Port District-State Lands Conunission reorganization of tidelands boundaries in cooperation with Rohr and Chula Vista Investors in an effort to make beller use of land available for development. 5. Support legislation to provide additional funding for the Nature Interpretive Center (NIC) exhibits from the Environmental License Plate (ELP) Fund. 6. Oppose efforts to reduce the number of San Diego Unified Port District Conunissioners andlor require conunissioners to be elected members of the City Council which they represent. 7. Support efforts which provide funding for urban waterfront restoration projects and the enhancement of the waterfront within the southern San Diego Bay. 8. Oppose efforts to discontinue State supplemental subvention for redevelopment agencies. 9. Support efforts to amend the State Community Development law so as to allow a jurisdiction to combine tax increment from all projects for use in a specific project. 10. Support efforts to enhance business attraction and retention (Governor's Program of Competitiveness). ~-7 B. Fiscal Support - Home Rule. 1. Support efforts which: a. Permit retention and control by local governments of a greater portion of revenue generated by Federal, State, and local taxes. b. Require the Federal government and State to reimburse local governments for all mandated cost or regulatory actions. c. Retain maximum flexibility in the administration of Article XIlIB (the Gann Initiative). d. Expand local autonomy or the home rule authority to govern municipal affairs. e. Enhance the quality of urban life by funding the creation, improvement, or expansion of parks. libraries and community services. f. Provide state/federal funding for construction or renovation of public buildings such as community centers, libraries, civic center, etc. g. Expand the sales tax base to include mail order sales and home shopping sources. h. Provide that cities and school districts can issue general obligation debt with a majority vote instead of the current 2/3 vote requirement. i. Permit cities and counties to recover administrative costs from owners of impounded vehicles upon payment of towing and storage charges. J.,. Adiust the unitarY tax roll orocedures so that the iurisdiction in which maior utilitv oroiects are constructed receives substantiallv more fiscal benefit than is currentlv orovided for. k. Provide for fiscal reform in the form of ereater reliabilitv. certaintv. and e<luitabilitv of state fundine for local eovernments. 2. Oppose efforts which: a. Restrict Of allocate the use of Transient Occupancy Tax revenues. b. Exempt residential users from the Utility Users' Tax. c. Reallocate fines and forfeitures. d. Repeal Gas Tax exemption for local agencies. e. Reallocate sales and property tax revenue. l{rg'" C. General Govennnent. 1. Oppose efforts to impose greater restrictions on local government through amendment of the Brown Act. 2. SUDDort efforts to subiect the State Le.islature to the same reauirements for Dublic meetimls. advance 8l!enda. etc. as currently imDosed on cities throul!h the Brown Act. 3. Oppose efforts to mandate district elections in all cities and/or school districts. 4. Support legislation to eliminate the State's requirement which mandates Project Committee and/or Boards & Commissions members to complete a financial disclosure statement. 5. Support efforts to free the sample ballot of campaign rhetoric and distortion. 6. Support efforts to return the "positive purge" method of removing excess names from the voter registration roles. 7. Support efforts to limit to I % the amount of administrative costs and Board of Equalization may charge to administer local sales taxes such as San Diego' s 1/2 cent sales taxes for transportation and justice facility construction. 8. Oppose legislation which would limit franchise fees/taxes imposed on cable television operators and utilities. D. Housing & Community Development. 1. Support efforts which exclude redevelopment agencies from competitive bidding statues and fair market value restrictions for resale of public properties to permit joint development of public facilities by private developers upon findings of public benefit. 2. Oppose efforts which grant the State or Federal government approval or veto authority in the implementation of local redevelopment and rehabilitation projects. 3. Oppose efforts to prohibit any state agency from making subventions, financing, insurance or any other kind of assistance, available to any city or county which has in effect any rent control measure. 4. Support extension of the following three Federal Low-Income Housing Programs: a. Mortgage Credit Certificate Program for low/moderate income home buyers; b. Tax Credits for low income housing programs; and, c. Continue funding for HUD HOME and HOPE Programs. 5. Support change in Federal banking regulations to exempt banks from baving to count fmancing or Letters of Credit for low income housing in their risk capital limit calculations. {5' , E. Land Use Planning. 1. Support efforts which: a. Strengthen local government's powers and capacity to prepare, adopt and implement fiscal plans and programs for orderly growth, development, beautification, and conservation of their planning areas. b. Are consistent with the doctrine of "home rule" and the local exercise of police powers, through the planning and zoning processes, over local land use. c. Expand the land use, conservation, and growth management policies of municipalities to the unincorporated territories within their spheres of influence. d. Broaden local government's power to require developers and subdividers to provide the on-site and off-site facilities and infrastructure needed by their projects. e. Maximize the authority of the City to exercise Local Control over general plan decisions. f. Require special districts to adopt facility master plans which are consistent with City and County general plans and growth management programs, and to adopt five year capital improvement programs and financing plans which are consistent with their facility master plans. g" Permit processin2/provide fundin2 for a Master EIR for biomedical industrial development in Chula Vista. 2. Oppose efforts which abridge local government's ability to effectively plan, or regulate local land use including amendments to the laws governing the local agency formation (LAFCO). Specifically toward legislation which would financially overburden local governments during the course of their efforts to amend planning policy, regulate land use through removal of incompatible developments, redevelop blight areas, or annex territories which are within the spheres of influence. 3. Oppose efforts to site a regional or bi-national airport in the Otay Mesa area. F. Environmental Protection. 1. Support efforts to require an environmental impact report (EIR) for large projects/utility mergers. 2. Support efforts to obtain funding for wetlands and riparian habitat acquisition and restoration, and funding for acquisition of land needed for multi-species habitat conservation planning. 3. Support efforts to fund planning and land acqulslhon for Natural Community Conservation plans created by AB 2172 (Kelley) (1991). 4. Support efforts to obtain funding for a comprehensive environmental management planning effort for San Diego Bay. g'" "l ~ 5. Support measures prohibiting the granting of new leases for oil and gas development in state-owned coastal waters off of San Diego County. 6. Support efforts which encourage the installation of water conserving fixtures in existing residences and businesses. 7. Support efforts to obtain funding for water conservation to include the construction of reclaimed water distribution systems, and fixture and irrigation system renovation and retrofit. 8. Support legislation that will develop an ongoing, reliable statewide funding source to acquire, develop and/or maintain open space, greenbelts, rivers, streams and trails. 9. Support efforts to expand and utilize existing landfills in the county. 10. Support efforts which encourage post-consumer recycled products use in manufacturing, residential and business applications through incentives, educations, promotions, etc. 11. Support truth in labeling efforts which identify a product's regional recyclability, and its post-consumer recycled content. 12. Support efforts which require "disposal warning" labeling on household hazardous materials, which reduce the use of toxic materials, and which promote nontoxic alternatives to present materials. .u. SUDDort efforts to reauire minimum content standards for use of recvcled materials in manufacturinll nrocesses. G. Public Employer-Employee Relations. I. Support efforts to protect the rights of City's to establish conditions of employment, including hours, wages, employee benefits, the meet and confer process, appeal procedures, and management rights. 2. Oppose efforts which: a. Impose restrictions on the scope and authority of charter cities to control their own health plans or retirement systems. b. Mandate the inclusion of local government employees in the Social Security System and/or Medicare. c. Increase workers' compensation benefits without also making needed refoims. d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working conditions which are properly determined through the meeting and confer process. e. Mandate mental health coverage in group health insurance plans. f. Reduce local control over public employee disputes and impose regulations of an outside agency (such as PERS). <;]"/1 g. Prohibit an employer from testing an employee or applicant for employment for illegal substances. 3. Support efforts to reform California Workers' Compensation Program to reduce public costs and tighten restrictions. 4. SunDOrt le2islation amendin2 the Fair Labor Standards Act to ensure that executive. administrative and nrofessional emnlovees still aualifv as exemnt. H. Public Liability. 1. Support efforts to change the legal principal of 'joint and several liability' to protect, the City against 'deep pocket' liability. 2. Support efforts to reinforce public entity design and discretionary act immunity. 3. Oppose efforts to further erode government toward immunity. 4. Support legislation which would prohibit recovery by a plaintiff for injury where those injuries were caused as a result of avoiding a police pursuit. I. Public Safety. 1. Encourage efforts to strengthen local law enforcement. a. Support efforts that strengthen present State and Federal laws which give local governments the power to further restrict or regulate prostitution. b. Support legislation that increases penalties for the manufacture of sale for profit and/or dangerous drugs including but not limited to PCP, methamphetamine and narcotics. c. Support legislation that requires life sentences for dealers of deadly drugs and repeat offenders related to sale for profit and/or dangerous drugs. d. Support legislation which prohibits the sale and brandishing of replica or facsimile firearms. e. Support legislation to toughen drunk driving laws. f. Support legislation which requires notification be given to local law enforcement prior to the release of a prisoner in that County/City. g. Support legislation which strengthens the City's ability to regulate the public display of material which is harmful to minors. h. Oppose legislation which would preempt local ordinances concerning Fetal Alcohol Syndrome. i. Support legislation which increases drunk driving penalties and enhancements. J. Support legislation which provides a penalty of life imprisonment for individuals 8"" J~ convicted of selling deadly drugs for profit. k. Support legislation which would permit forfeiture of all assets of drug dealers which would then be committed to drug enforcement programs. L. Suooortle2islation which would allow la22in2 (ie. serialized identification) of beer ke2s in an effort to reduce under a2e consumotion of alcoholic bevera2es. ~ SuoDortle2islation which oermits the slaffin2 of Photo Radar nosts bv orooerlv trained non-sworn oersonnel. n. SUDDortle2islation which oermits the issuance of a ohoto radar citation to tri22er the arrest warrant nrocess. J. Transportation. I. Support clean-up legislation related to transportation funding. 2. Support efforts to provide funding which would complete missing links on interstates; emphasis on SR-125. 3. Support efforts to fund transportation. K. Recreation. I. Support legislation that will allow for Slate/Federal funding for City arts programs. 2. Support legislation which provides Slate/Federal funding for Child Care programs. 3. Support legislation which provides Slate/Federal funding for gang prevention and diversion in community-based recreation setting. 4. Support legislation which provides Slate/Federal funding for Drug Prevention and Intervention programs in a community-based recreation setting. L. Library. 1... SuoDortle2islation which orovides for continued slate fundin2 of the Public Librarv Fund (PLF) and California Librarv Services Act (CLSA). 2. SUODort le2islation which continues to Drovide for Slate/Federal fundin2 for literacv Dr02rams. ~ Suonortle2islation which Drovides for Slate/Federal fundin2 of librarv construction and renovation. 4. Suonortle2islation which orovides for continued Slate/Federal fundin2 of the Librarv Services and Construction Act (LSCA). <6"/3 II. LEGISLATIVE ITEMS REQUIRING FORMAL COUNCIL ACTION. A. Bayfront - Redevelopment. 1. Support consolidate control and administration of environmental regulations and enforcement; presently in Department of Interior; Corps of Engineers; Department of Commerce; (NOOA); Environmental Protection Agency (EPA). B. Environmental Protection. 1. Support efforts which: a. Approve the coordination of State, Federal and local agency responses to air quality control, energy, and environmental protection. h. Seek funds for facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. c. Encourage development of environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity. d. Provide funding to study the water quality/toxic pollution in San Diego Bay. e. Encourage development of water resources facilities and make improvements to the delta. f. Obtain financial assistance at the federal level to construct new and upgrade existing secondary treatment facilities in San Diego County. g. fefBl a Epeeial Aet DistFist, esasisteBt ,,:ilk estaeliskea CS\Hleil aireetisR aaB pelie)', fef fegiB8al admiaistFatisR sf the SaR Diege ~htr8'81itaB 'Hasler ',l,~ter TreatmeRt System. C. General Government. 1. Support efforts to fund school facility construction programs. 2. Support efforts to clarify the authority of school districts to impose facilities fees established by CH 887, Statutes of 1986 (AB 2926). D. Housing and Community Development. 1. Support efforts to: a. Develop Federal and State participation and fmancial support for creative programs to provide adequate housing for the elderly, handicapped, and low- income persons throughout the community. b. Maintain and create tax incentives for private revitalization of existing commercial, industrial and housing resources where such assistance benefits the City. g'~/t( E. Public Safety. 1. Oppose efforts to: a. Change/remove date and/or shift, to the employer, the burden of proof related to firefighter cancer presumption. b. Shift to the employer, the burden of proof related to Public Safety Aids presumption. 2. Support efforts to: a. Increase municioal {undine )lr8'liEl. for the removal of abandoned vehicles. B. Bstaelislt an at:umaBRs8 "shiels pfegFaIB alls\.:iBg tHe immeaiate fBlBBva] BY tile Cit~. af jum:'ahaRB8RBa vehieles. ,,- 'g';-IJ ~ 1 CI> = ~ VI .... r 5r .., - "0 ~ ~ ~ " w - ... g ~ Ii ~ ~~ ~c: .., (j !l 0 !;; 3 fi'O lflii _CI> g" i' o fi '""- ; a :E 0' ~ ~ .g g; "''0 ~, '8 " ::I Qc: '" (j 10= <ll 0;' a F 0 '"" ~1l > ~ 0 a ::1,11 ~ ""::1_ ['< ~ -~- o ::::-:.... _" 0 ~~~ ;~] "'1f- ~Q.~ n;' iii' ~ !'l S. m' er =-. '" " =.(JQ o _ " " O':E ... <l 5.&"" E'[ ~' S III !l '0 " -::c Q.,~:g ~G ..." :::."'1 ~=,,!lCl> ~s-!;;E~ 0.., !l la ... O'irc..i- ... " VI trlO~ ~oo cs """r::r_- ~. ~ ~ ~ Q o VI. 0 (IJ ~ o~... 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" .... .... !.. -< fti S"'" fti ~ 0 ~ " -' ~ S !! .. rn o ..., tv COUNCIL AGENDA STATEMENT Item 9 Meeting Date 12/8/92 ITEM TITLE: RESOLUTION /1" I f~uthorize the Mayor to execute option for the lease of San Diego Gas and Electric property adjacent to Marina View Park SUBMITTED BY: Director of Parks and Recreatio~ REVIEWED BY: City Manager 0:1 Pc1@r1 (415ths Vote: Yes_No..x> A "park-use" license, generated by San Diego Gas and Electric Company (SDG&E) for the City's use of SDG&E property adjacent to Marina View Park, was approved by the Council on March 1, 1988, and will expire on December 31, 1992. In accordance with Paragraph 5, "Extension" of License, the City has the option to extend the license for an additional five (5) year period. RECOMMENDATION: That the Council approve a five year extension for a park license with SDG&E for property adjacent to Marina View Park, and authorize the Mayor to execute the First Amendment to the license. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The City and SDG&E negotiated a lease agreement for the expansion of Marina View Park easterly to Bay Boulevard to enhance the entrance to the Marina area along West "J" Street and Bay Boulevard. The initial lease term was for five (5) years, with an option to extend for an additional five (5) years. The lease agreement requires the City to pay $10 for annual rent, plus the annual Board of Equalization levy against the property of approximately $510 a year. Annual maintenance cost is minimal. FISCAL IMPACT: Annual cost to the City, in addition to normal maintenance; is approximately $520, with possible minor adjustment each year by the Board of Equalization. WPC F:\home\parksrec\317.92 '1-/ /9-2 RESOLUTION NO. //,9/-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 1ST AMENDMENT TO LICENSE AGREEMENT WITH SDG&E AUTHORIZING THE MAYOR TO EXECUTE OPTION FOR THE LEASE OF SAN DIEGO GAS AND ELECTRIC PROPERTY ADJACENT TO MARINA VIEW PARK WHEREAS, a "park-use" license, generated by San Diego Gas and Electric Company (SDG&E) for the city's use of SDG&E property adjacent to Marina View Park, was approved by the Council on March 1, 1988, and will expire on December 31, 1992; and WHEREAS, in accordance with Paragraph 5, "Extension" of License, the City has the option to extend the license for an additional five (5) year period; and WHEREAS, staff recommends that the Council approve a five year extension for a park license with SDG&E for property adjacent to Marina View Park, and authorize the Mayor to execute the First Amendment to the license. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the 1st Amendment to License between San Diego Gas & Electric Company and the city of Chula vista for lease of the property adjacent to Marina View Park, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Amendment for and on behalf of the city of Chula vis o f r by Presented by Jess Valenzuela, Director of Parks and Recreation F:\home\attomey\SDO&Blic 'I' 3 /q-f J ), , 1 ST AMENDMENT TO LICENSE THIS 1 ST AMENDMENT TO LICENSE is made and entered into this _ day of ,1992, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "LICENSOR", and the CITY OF CHULA VISTA, hereinafter called "LICENSEE". WHEREAS, LICENSOR and LICENSEE entered into a License dated March 1, 1988 ("License") and, WHEREAS, LICENSEE and LICENSOR desire to amend the original License by extending the term for five (5) additional years. NOW THEREFORE, it is mutually agreed that the License is Clmended as follows: 1. The term of the License is extended for five (5) years beginning January 1, 1993 and ending December 31, 1997. 2. As rental for the above extension, LICENSEE agrees to pay LICENSOR the sum of $10.00 payable in advance on the first day of January 1993. 3. As additional consideration for,the above extension, LICENSEE agrees to continue to reimburse LICENSOR within ten (10) days after receiving written demand; therefore, a sum of money equivalent to the taxes levied or assessed against the licensed premises. 4. Except as expressly amended herein, the License remains unchanged and in full force and effect. IChulAmen.j2011 9-5' IN WITNESS WHEREOF, the parties hereto have caused this 1 ST AMENDMENT TO LICENSE to be executed by their authorized corporate officer as of the day and the year first above written. SAN DIEGO GAS & ELECTRIC COMPANY, a Corporation By: M. J. Loper, Manager Land Services Department CITY OF CHULA VISTA , a Municipal Corporation Tim Nader, Mayor By: IChu1Amen.j2011 2 9-6 , ~.; I l l t I I ~ I ~ ! iarr" _ I , :~ " ! .- " I, r ' I , .1 : 'I ti HI .- "1j ,~~I I fl ,'" .., ! . " -, ~ 'ilt }"'J I ih~, ': If : i~,If ~ j': i: t' c). , ; I , ( B:', ~, : ~ . ':.~ ' Jl-S-ili 1 ~ :: ~ ~'.. {allm ~ l' '~ i ~ >< ~I:. !,., t,: i; ~ == n~::i!, '. m U~ "H ~ .;:)C - lil1$~. 't' !; i lit CC' .11,11 ~l~! t .! Z - S fl. , ; i ~ __ I.' ~t' = I 0 --, t .1' 1 I. ! Z i 1 ~U:' - 'CCj) r '.. 'I ." > ~c::::4 I . "'1.1' ..' iI I, '.: "' , ... " t,2/..~~ ,". ~ ,~ ..~: :,&,ti, BLVD. ,~ .. ~ ( ,": I ' 'If I \ I I J t , I l l' 10 -7 "<' w.. ... ~. .;;::,,' " .,.... ..." : '!" . ( . " .. , I . , ~ i .. ; ij . " I. f , , I' I I., , I , i . ~l Ij j i~ ....' . , " ..... "'-- .I " ~ ~, t fl " >t .rr ,'l n': r > ~ 'va' '\ ~~' :t :,.. '- ,_.,,- . !~ "i'(' .:'.. r: i 6 ~ :Hnllll 'j ~ i1~ tii 'I' ~ 'it' I I ~ \ IHIP I :, t' f 'II ~r,1 , : ~ COUNCIL AGENDA STATEMENT Item ) t1 Meeting Date 12/8/92 ITEM TITLE: Approving the annexation of property known as the "Telegraph Canyon East Annexation" to the City of Chula Vista. SUBMITTED BY: Resolution I;' '7/" Approving the proposed "Telegraph Canyon East Annexation" Director of Plannin~/ City Manager J ~ b.O *' (4/5ths Vote: Yes_No X ) REVIEWED BY: An application was filed by landowner petition of The Baldwin Company with the Local Agency Formation Commission (LAFCO) in April 1992 for the annexation of the 120-acre Telegraph Canyon Estates project area from the unincorporated County to Chula Vista. The subject area lies north of Otay Lakes Road, south of Eastlake I, east of the Otay Lakes Lodge mobilehome park, and west of the future alignment of State Route 125. The entire annexation area is also within a LAFCO designated "Special Study Area" of the City's Sphere of Influence, thereby necessitating a concurrent amendment to the Sphere boundary (please see Exhibit A). The City Council previously approved the project's General Development Plan (GDP) and Sectional Planning Area Plan (SPA) in August/September 1992 under Ordinance No. 2527, and Resolution No. 16767. The proposed annexation area also includes an existing 3.59 acre water storage tank site owned by Otay Water District, and for which the District granted consent for inclusion. The City Council adopted Ordinance No. 2530 establishing 'R-1' prezoning for that site at a public hearing held September 15, 1992. An Environmental Impact Report (EIR-91-05) was prepared for the Telegraph Canyon Estates GDP/SPA in May 1992, and was certified according to the provisions of CEQA by the Chula Vista City Council at public hearings by Resolution No. 16767. At those hearings, the City Council also adopted the CEQA Findings and Statement of Overriding Considerations, and a Mitigation Monitoring Program under Resolution No. 16768. The Otay Water District tank site prezoning was found to be exempt from environmental review under Section 15305 of the State CEQA Guidelines. On November 9, 1992, LAFCO adopted (vote: 7-0-1) a written Statement of Determinations making changes to the Sphere of Influence boundary, and a resolution approving the proposed annexation (Reference Nos. SA92-5, CA92-1). Pursuant to requirements of the Cortese/Knox Local Government Reorganization Act of 1985, LAFCO has designated the City of Chula Vista as conducting authority and referred the matter for consideration without notice and hearing. /~-/ Page 2, Item J P Meeting Date 12/8/92 RECOMMENDATION: That Council adopt the necessary form of resolution approving the "Telegraph Canyon East Annexation". BOARDS/COMMiSSIONS RECOMMENDATION: Not applicable. DISCUSSION: Proiect Description The subject territory for the Sphere amendment and annexation is currently vacant, and encompasses the approximately 120-acre Telegraph Canyon Estates Planned Community. Pursuant to Council's recent approval of the GDP/SPA Plan, 350 single family dwelling units have been authorized, along with 5 acres of private parks, a community purpose facility site, and approximately 21 acres of open space. The Planning and Engineering Departments are currently reviewing a Tentative Subdivision Map for the project, which is anticipated to be brought forward for Planning Commission and City Council public hearing consideration in early 1993. Included within the 120-acre annexation is a 3.59 acre existing Otay Water District storage tank site which was added in order to avoid the creation of an unincorporated island. As previously noted this site was prezoned to the City's 'R-l' zone, and is not a part of the proposed project. The entire annexation area is more specifically described by the legal description and plat map attached as Exhibits C and D. Sphere of Influence The entire annexation area is within the northern portion of a LAFCO designated "Special Study Area" which includes the entire 9,500 acre Otay Valley parcel of Otay Ranch, and was established by LAFCO in 1985 because, at the time, the LAFCO Board determined that there was insufficient information to justify its inclusion within Chula Vista's Sphere. During the course of the Otay Ranch planning effort, the Otay Ranch Interjurisdictional Task Force decided in 1990 to separate the Telegraph Canyon Estates project area from the Otay Ranch planning process because the property is related more to existing and planned development within the Eastlake and College Estates neighborhoods than to the villages proposed in Otay Ranch. The Baldwin Company subsequently requested, and received LAFCO's authorization in January 1992, to process an annexation and sphere amendment for that portion of the study area. Such an authorization was necessary because a comprehensive review of the City's Sphere was scheduled to commence in 1992, and LAFCO's sphere review policy precludes the processing of individual sphere amendments once that review has begun. As it was determined the actual comprehensive review will not commence until mid-1993, the actions were allowed to proceed. / IJ - ..2.. Page 3, Item / () Meeting Date 12/8/92 Since the territory is bounded on three sides by existing and planned urban development already within Chula Vista, and urban services could be efficiently provided by the City, it represents a logical area for inclusion in the Sphere. Therefore, at its November 9, 1992 hearing, LAFCO adopted the required Statement of Determinations and resolution approving the Sphere amendment (refer to Exhibit B). No further action is required of Council on this matter. Municipal Services The primary purpose of the reorganization is to facilitate development of the Telegraph Canyon Estates project through the provision of a full range of municipal services by the City of Chula Vista. Pursuant to the City's Growth Management Program and Threshold Standards, a Public Facilities Financing Plan (PFFP) has been adopted for the project, tying development phasing to the provision of necessary facilities and services. The PFFP ensures that adequate facilities and services will be available in advance of, or concurrent with, development. FISCAL IMPACT: In addition to the required Fiscal Impact Analysis for the project, the reorganization is subject to the Master Property Tax Transfer Agreement with the County. Pursuant to that Agreement, Chula Vista will receive $4,692 in base property tax revenue annually, and 13.9% of future property tax increment revenues generated from the area. Pursuant to the conclusions of the Community Tax Structure analysis in the Final Environmental Impact Report (EIR-91-05), annexation and development of the project will result in a positive net fiscal impact on the City. (tceanncx.All) J~-3 I/O-If RESOLUTION NO. /~1/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED "TELEGRAPH CANYON EAST ANNEXATION" The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, an original application was filed by landowner petition of The Baldwin Company with the Local Agency Formation Commission (LAFCO) in April 1992 for the annexation of approximately 116 acres to the City of Chula Vista from the unincorporated area of the County; and, WHEREAS, that application was amended in July 1992 to include an adjacent, existing 3.59 acre Otay Water District storage tank site, necessary to avoid the creation of an unincorporated island; and, WHEREAS, Otay Water District, as property owner, consented to the inclusion of said site; and, WHEREAS, a Certificate of Filing was issued by LAFCO on October 26, 1992; and, WHEREAS, the final120-acre subject territory lies north of Otay Lakes Road, south of the EastLake I community, east of Otay Lakes Lodge mobilehome park, and west of the future alignment of State Route 125, being more specifically described in Exhibits C and D attached hereto (Exhibit A and B omitted); and, WHEREAS, the annexation area encompasses that land constituent to the Telegraph Canyon Estates planned community for which the City Council approved a General Development Plan, Sectional Planning Area Plan, and Public Facilities Financing Plan in August 1992; and, WHEREAS, the proposed annexation area is within a LAFCO designated "Special Study Area" of the City's Sphere of Influence, and thereby necessitates a partial boundary determination within that Study Area and a concurrent amendment to the City's sphere boundary; and, WHEREAS, on November 9, 1992, LAFCO adopted a written Statement of Determinations making the necessary amendment to the Sphere of Influence boundary, and adopted a resolution approving the proposed annexation (Reference No.'s SA92-5, CA92-l); and, WHEREAS, an Environmental Impact Report (EIR-9l-05) was prepared for the Telegraph Canyon Estates development project, and was certified according to the provisions 1 /1/- 5" of CEQA by the Chula Vista City Council at a public hearing held August 25, 1992, by Resolution No.'s 16767 and 16768; and, WHEREAS, LAFCO has designated the City of Chula Vista as conducting authority and referred the matter for determination without notice and hearing; and, WHEREAS, the purpose of the annexation is to facilitate development of the Telegraph Canyon Estates project through the provision of a full range of necessary municipal services by the City of Chula Vista; and, WHEREAS, the property to be annexed will not be taxed for general bonded indebtedness of Chula Vista; and, WHEREAS, the regular County assessment role shall be utilized. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, pursuant to the provisions of the Cortese/Knox Local Government Reorganization Act of 1985 as amended, approves the annexation with modified boundaries as described in Exhibits C and D (metes and bounds and plat map as approved by LAFCO, November 9, 1992) attached hereto. BE IF FURTHER RESOLVED that the City Council hereby finds as follows: 1. The boundaries of the territory as described in Exhibits C and D are definite and certain. 2. The boundaries of the territory do not conform to the lines of assessment and ownership. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby order said annexation. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to transmit certified copies of this resolution in accordance with Section 57200 of the Government Code. F:\home\planning\TCEANX.RSO Presented by Robert A. Leiter Director of Planning 2 I~--~ I I I -I I \\ -/~~ ,-t- t, OTAV RANCH --/~~\ L-..---) ~ \NOTE: ANNEXATION AREA IS UNINHABITED. PROPOSED TELEGRAPH CANYON EAST ANNEXATION AND AMENDMENT TO THE SPHERE OF INFLUENCE EXHIBIT A /t), ? I~ 1.eoo' I I o 8llO" FEET CITY OF CtU..A VISTA PLANlING DEPARTMENT - ADVANCE DIVISION. 11/24/94 C. DE LEON Ref. Nos.: SA92-5; CA92-1 RESOLtmON OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUN'IY OF SAN DIEGO ADOPTING AN AMENDMENT TO THE SPHERE OF INFLUENCE FOR THE cm OF CHULA VISTA AND MAKING DETERMINATIONS AND APPROVING THE "TELEGRAPH CANYON EAST ANNEXATION" TO THE CI1Y OF CHULA VISTA On motion of Commi~~ioner Bilbray, seconded by Commi~~ioner Shoemaker, the following resolution is adopted: WHEREAS, pursuant to Government Code Section 56425, the San Diego Local Agency Formation Commission is required to develop and determine a sphere of influence for each local governmental agency within the County; and WHEREAS, the Commi"ion .adopted" a sphere pf influence for the City of Chula Vista on September 9, 1985; and " WHEREAS, an: application bas been made to amend the sphere of influence for the City of Cbula Vista; and. WHEREAS, a petition was submitted to this Commission for annexation of territory totbe City of Cbula Vista, which petition was certified sufficient by the Executive Officer on October 26, 1992; and . WHEREAS, the territory proposed for a sphere. amendment and annexation is as des!=J'ibed in the application on file with the Local Agency Formation Commission; and WHEREAS, the Executive Officer of the Commission has filed her report on said " "sphere amendment and annexation, which report was received and considered by the " . Commi~ion; and WHEREAS, pursuant to Government Code Section 56427, the Executive Officer of thisCommi~$ion set a public hearing on the proposed sphere amendment for November 9, 1992, and gave notice of the date, time, and place of said hearing in accordance with Government Code Sections 56834 and 56835; "and WHEREAS, all owners of land have consented in writing to the annexation; NOW 1HEREFORE, BE IT RESOLVED, that this Commk~ion hereby finds, " determines, and orders as follows: Ex"hibit B / CJ'~ .Page 1 of 5 EXHIBIT B _~._....._____'._ ----_ ...".'.u__ __-_~ (1) The bearing was held on the date set therefore, and due notice of said hearing was given in the manner required by law. (2) At that hearing the Commi<Sion called for, heard, and considered all interested parties and read and considered the report of the Executive Officer. (3) The Commi~sion adopts, pursuant to Section lS096(h) of the State CEQA Guidelines, the Findings of Fact and Statement of Overriding Considerations previously adopted by the City of Chula Vista, as lead agency, as shown in Exhibit B attached hereto. (4) The Commission adopts the findings included in the resolution of approval of the City of ChuIa VISta for the impacts identified in the Environmental Impact Report, and certifies that the mitigation is within the jurisdiction of the City and not LAFCO because the affected resources and services will be within the city limits upon annexation. (5) The Commission has considered the factors enumerated in Section 56425 prior to adopting the amendment to the sphere of influence for the City of Chula Vista. (6) The Commission !1ereby determines that territory shall be included in the sphere of influence for the City of Chula Vista as that territory shown on Map B, attached hereto and adopts the Statement of Determinations as provided in Exhibit C pursuant to .Section 56425 of the Government Code. . (7) The Commission hereby approves the annexation with modified boundaries, .as described in :Exhibit A attached hereto. (8) The boundaries of the territory as described in Exhibit A are definite and certain. (9) The boundaries of the territory do not conform to lines of assessment and ownership. (10) The territory includes 120 acres and is uninhabited. (11) The territory proposed for annexation is hereby designated the 'Telegraph Canyon East .4nneution" to the City of Chula Vista. (12) The Commission hereby designates the City of Chula Vista as the conducting authority and authorizes the. City Council to conduct proceedings in compliance with this resolution without notice and hearing. (13) The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 568S3 of the Government Code. Exhi bit B Page 2 of 5 /~ '" 9 Passed and adopted by the Local Agency Formation Commkc;on of the County of San Diego this 9th day of November, 1992, by the following vote: AYES: Commiccioners Bilbray, Keller Childs, Fromm, Loscher, MacDonald, Sasso, and Shoemaker NOES: None ABSENT: Commi~~ioner Wolfsheimer ABSTAINING: None ----------------------------------------------- STATE OF CAliFORNIA) . . .) SS COUNTY OF SAN DIEGO) I, JANE P. MERRILL, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolut!on adopted by said Commission at its regular meeting on November 9, 1992, which original resolution is now on file in my office; and that same contains a full, true, and correct transcript therefrom and of the whole thereof. Witness my hand this 18th day of November, 1992. JANE P. MERRll.L Executive Officer San Diego Local Agency Formation Q>mmi~~ion Exhi bit B Page} of 5 It),. )0 . RECOMMENDED STATEMENT OF DETERMINATIONS PROPOSED AMENDMENT TO TIlE SPHERE OF INFLUENCE FOR TIlE CITY OF CHULA VISTA 'Telegraph Canyon East Annexation" The following statement of determinations is prepared pursuant to Section 56425 of the Government Code for designation of the area shown on the attached map as an amendment to the sphere of influence for the City of Chula Vista. - (1) The present and planned land uses in the area, including agricultural and open space lands. The .property is currently outside Chula Vista's city limits and within the northern portion of a LAFCO-designated special study area. In January: 1992, LAFCO approved the Baldwin Company's request to submit the Telegraph Canyon annexation on condition that the annexation proposal be submitted to LAFCO prior to the comprehensive update of the Chula Vista sphere. An update of the Chula Vista sphere is not scheduled to begin until mid- i993.. The. Telegraph Canyon property is part of 23,000 acre landholding owned by the Baldwin Company, called the Otay Ranch. An Interjurisdictional Task Force has been reviewing plans for the Otay Ranch for the past six years. In December .1990, the Task - Force removed the Telegraph Canyon property from the Otay Ranch planning process because the property relates more to existing and planned development within the Eastlake community in Chula Vista than the villages proposed in Otay Ranch. The territory is - currently vacant with County land use designations of Agriculture 19 (1 du/2-4-8 acres). The City has approved a General Development Plan (GDP) for the territory that provides an analysis and plan for the necessary public improvements, service requirements, and phasing of the proposed development. The GDP calls for development of 350 single-family residences on 81 acres; 9 acres would be reserved for the future State Route 125 right-of- way; and 30 acres would be designated for parks and permanent open space. (2) The present and probable need for public facilities and services in the area. Refer to (3). (3) The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. The City of Chula Vista is a full-service city except for the provision of water, which is provided by Otay Water District. The City has sufficient capacity to provide sewer service to the proposed development. At full buildout, the development will generate 87,500 gallons Exhibit B Page 4 of5 /&J~ // per day (gpd). ChuIa VISta'S atrrent sewage capacity reservation with the San Diego Metropolitan Sewage System is 19.2 mad; c:urrent fQta1 daily waste water flow is 12.2 mgd. The City of ChuIa Vista can also extend police and fire protection to the territory. A new fire station is planned within the Salt Creek commnnity and additional police officers will be hired to maintain current levels of service provided in other areas within Chula Vista. (4) The existe~ce of any social or economic communities of interest in the area if the COmmi~$ion determines that theY are relevant to the agency. - - - The territory is located northeast of Cmla VJSta'~ c:urrent city bolUldaries and is tied to the City's planned circulation improvements, sewe~ infrastructure improvements, and police and fire facilities. The site represents a logical exte~on of city services in this rapidly growing area. Approved Il1 the ~i AaeIlCY Formallorl ........ Commllllon 01 $en DiIIO ,.. NOV 9 1992 - - W *'-;;:U~~ ' . . Exhibit B Page 5 of 5 I (J :/.< - --- --,.._-- -.-----..- --..-. CA92.1 '"!'PI P.GRAPH CANYON EAST ANNEXATION" TO 1lIE CITY OF CHULA VISTA All that portion of the southwest quarter of Section 34, Township 17 south, Range 1 west, and that portion of the northwest quarter of Section 3, Township 18 south, Range 1 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, lying within the following described boundaries: Beginning at the southwest comer of Parcel 2 of Parcel Map No. 13883, filed in the County Recorder's Office of said county July 26, 1985, also being a point on the east line of said southwest quarter of Section 34; 1. Thence north 0"47'14" east 7.94 feet to a point on the arc of a 4,933.00 foot radius curve concave southeasterly, a radial1ine to said point bears north 27"18'19" west being the southeasterly line of Otay Lakes Road as described in "Parcel 4 Street Dedication" as per Final Order of Condemnation by Document 90-064524, recorded on February 5, 1990, records of said county and being the true point of beginning; 2. Thence along said Fmal Order of Condemnation the following described boundaries: : A southwesterly 355.15 feet along the arc of said curve through a central angle of 4"07'30"; B. south 58"34'11" west, 187.80 feet; C. south 60"47'23" west, 597.45 feet to the beginning of a tangent 4,933.00 foot radius curve concave southeasterly; D. southwesterly 446.65 feet along said curve through a central angle of 5011'16"; - E. south 55"36'07" west, 549.36 feet, to the beginning of a tangent 2,067.00 foot radius curve concave northwesterly; F. southwesterly along said curve to the westerly line of said northwest quarter of Section 3, Township 18, south, Range 1 west; 3. Thence northerly along said westerly line and the westerly line of said southwest quarter of Section 34, Township 17 south, Range 1 west to the northerly line of said southwest quarter; 4. Thence easterly along said northerly line to the easterly line of said southwest quarter; 5. Thence southerly along said easterly line to the true point of beginning Approved br the l<<al Aaency l'orrMtion - Commluion 01 San Dieao ih:na LAFCO 10/12/112 /~-IJ EXHIBIT C NOV 9 1992 eJ,:;~ "'~, >- ~ ~~SHORE :.: ::l DR. a: U '!I'!I ~ by thelocar Aeoney _~.__ " ~ot"nD~:;'~ 4- 2. 3 ""'rl ~,".,. .... T 17 S "'~'a""r'. T 18 '&, NOV 9 1992 ~J;;;,u... -........ . SEC 34-TI7S-RIW SEC 3-TIBS-RIW EXHIBIT 0 ~TE: 5-2-9 $CAlL: 1- BOO 1M MGE: 28 F DRAWN BV:BERGGREN MAPPING DIVISION LAfCO:CA 92-1 SAN DIEGO COUNTY ASSESSOR'S a=FICE MEA' 120 AC TELEGRAPH CANYOJ EAST ANNEXATION B/L:595-070-21 &22 CITY 0;0 C~~CA VISTpj?J-/,/ "HClWa BROS:70N-A3 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item I J Meeting Date~ RESOLUTION I"" /? Approving Final Map and Subdivision Im:r~~;!- Agreement and authorizing the Mayor to execute said Agreement for the Resubdivision of Lots 2, 5, and 12 of Mat 12757, Chula Vista Tract 89-14, Sanibelle Director of Public Worksr "7 City Manager ~ (4/Sths Vote: Yes_NoX) ITEM TITLE: REVIEWED BY: On December 4, 1990, by Resolution No. 15966, Council approved a final map (Map 12757) and associated improvement agreement for Sanibelle. The developer has processed a new final map resubdividing lots, 2, 5 and 12 of that map under Tentative Map 89-14. This new map will create three additional lots for financing purposes but no additional condominium units. A new Subdivision Improvement Agreement between the new owner, Laura Alison - Sanibelle Partnership, and the City has also been submitted for approval. The final map and associated agreement is now before Council for approval. RECOMMENDATION: That Council approve the final map and authorize the Mayor to sign the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located at the northeast comer of East "H" Street and Hidden Vista Drive. The developer is filing a new final map over Lots 1 through 13 of Map 12757. Map 12757 which was approved on December 4, 1990, consisted of 13 lots containing 230 condominiums and 4 lettered lots. This resubdivision is being proposed for 3 of the 13 condominium lots created by Map 12757 in order to decrease the number of condominiums per lot for financing purposes. The final map contains 230 condominiums within 16 lots. No additional condominiums are proposed and the identical design of the subdivision that was previously approved will be constructed. All easements and dedications shown and accepted on the previous map are shown on the final map being considered by you tonight. Under Section 66499.20 1/2 of the Subdivision Map Act those easements are retained; therefore, no dedication or acceptance of these items is necessary. The developer has previously paid all applicable fees. The new owner has posted replacement bonds to guarantee required improvements, and executed a subdivision improvement agreement in conjunction with the approval of the final map. A plat is available for Council viewing. FISCAL IMPACT: None. OV:EY-359 WPC F:\HOMB\ENGrNEBR\AGENDA\CVT89-14.SAN 091492 1/-////-2. RESOLUTION NO. /;, j /7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR THE RESUBDIVISION OF LOTS 2, 5 AND 12 OF MAP 12757 OF CHULA VISTA TRACT 89-14, SANIBELLE WHEREAS, the property which is the subject matter of this resolution was, in part, previously approved for subdivision into 13 condominium lots and 4 open space lots permitting 230 units by approval of Chula Vista Tentative Map No. 89-14, SANIBELLE ("Tentative Map") by Resolution No. 15414 on December 12, 1989, was granted fmal map ("First Final Map") approval on December 4, 1990 by Resolution No. 15966 ("Approving Resolution"), and was officially subdivided by the recording of said First Final Map on December 11, 1990, and is legally described as follows: Lots 1 through 13 inclusive of Chula Vista Tract 89-14, Sanibelle, in the City of Chula Vista, County of San Diego, State of California according to Map thereof No. 12757 filed in the office of the County Recorder of said County on December 11, 1990. ("Property"); and, WHEREAS, the owner of said Property has applied for the merger and resubdivision of the Property under the authority of the Subdivision Map Act, Section 64999.20 1/2 on or about August 10, 1992 to permit the resubdivision of the Property into 16 condominium lots containing the same number of units, to wit: 230 units, to facilitate the owner's financing needs; and, WHEREAS, the City has determined that, under the authority of Section 66456.1, the Tentative Map remains valid without the requirement for processing and obtaining reapproval of said Tentative Map; and, WHEREAS, the City has further determined that all conditions of said Tentative Map have been and continue to remain satisfied; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY DETERMINE, FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Chula Vista hereby finds that certain map survey entitled "Chula Vista Tract No. 89-14, Sanibelle", containing, at this point in time, an unnumbered Map No., and consisting of 6 sheets, being a resubdivision of the Property into 16 condominium lots containing 230 units, is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map ("Second Final Map") and subdivision of land shown thereon is hereby approved and accepted. . 11- 3 Section 2. That under Section 66499.20 1/2 "Merging and Resubdividing Without Reversion" of the Subdivision Map Act, all easements and dedications which were granted on the previous map shall be maintained. Section 3. That the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said Second Final Map. Section 4. That the City Clerk be, and she is hereby directed to transmit said Second Final Map to the Clerk of the Board of Supervisors of the County of San Diego. Section 5. That, under the authority of CEQA Guideline Section 15061 (b) (3), this project, including the merger and resubdivision of the Property, has no potential for causing a significant effect on the environment, and is therefore exempt from CEQA. The Environmental Review Coordinator is hereby directed to file a Notice of Exemption in the manner required by law. Section 6. That the Subdivision Improvement Agreement for Resubdivision of Lots 2,5, and 12 of Map 12757 of Chula Vista Tract 89-14, Sanibelle, is hereby approved and is on file in the Office of the City Clerk. Section 7. The Mayor of the City of Chula Vista is hereby authorized and directed to execute said Subdivision Improvement Agreement for and on behalf of the City of Chula Vista. Presented by S) John P. Lippitt Director of Public Works Bruce M. Boogaard City Attorney GV:EY-3S9 WPC F:\HOME\ENOINEER\AGENDA\CVT89-14.SAN 090992 I j- 'I I.LJ .... - en t:L. ~ ~LaJ ...J ><1 t-~ - 20 -z o - > 3AJl:Io VI\()N ~1::I3.l ~ ~ ~ ~ ~ ~ If , ~ I ~ ~ J... iii /! 0, .t- . J... 0, ~ .- - t - ) ~ z J ') ft .. c I.&. Ot- (")11) ....t- 1C'i ........ o · o bZ ~a. 1.&.< 0:;: Z .. O~ -.... ~W >m - - Cz m< ::>0 o . o Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 92010 No transfer tax is due as this is a conveyance to a public agency o( less than a fee interest for which no cash consideration has been aid or received. . Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this dv rr. , 1990, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and LAURA ALISON - SANIBELLE PARTNERSHIP, L.P., A CALIFORNIA LIMITED PARTNERSHIP, 16830 Ventura Blvd., suite 352, Encino, California, 91436, hereinafter called "Subdivider". }iI~HJ:;~.s.J:;~H WHEREAS, Subdivider is about to present to the city Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed Subdivision, to be known as CHULA VISTA TRACT 89-14, SANIBELLE, pursuant to the provisions of the Subdivision Map Act of the State of california, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map. and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and //-7 ~ WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 15414, approved on the 12th day of December, 1989 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 90-1076 through 90-1086 inclusive, on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of $253,000. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees, for itself and their successors in interest, an obligation, the burden of which encumbers and runs with the land, to comply with all of the terms, conditions and requirements of the Tentative Map Resolution: to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said Subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city: provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. //-y ~ . 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improv_ent Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula Vista, and the laws of the State of california applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, and approved improv_ent security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED TWENTY SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($126,500.00) which security shall quaranteethe faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED TWENTY SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($126,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously wit the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of EIGHT THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($8,200.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole'amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improv_ent security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. -3- 11-9 .' .~._,:....."_...;....",-"...~...",..~".~.",.~ t 10. It is also expressly aqreed and understood by the parties hereto that in no case will the city of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and aqreed by Subdivider that any enqineerinq costs (includinq plan checkinq, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street siqns and street trees as required by City and approved by the city Enqineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and aqreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damaqe to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and aqreed that Subdivider shall quarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arisinq durinq said period as a result of the acts or omission of Subdivider, its aqents or employees in the performance of the aqreements, and that upon acceptance of the work by City, Subdivider shall qrant to City, by appropriate conveyance, the public improvements constructed pursuant to this aqreement: provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and aqreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its aqents or employees, or to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arisinq out of acts or omissions of Subdivider, its aqents or employees, or indemnitee, related to this aqreement: provided, however, that the approved improvement security shall not be required to cover the provisions of this paraqraph. Such indemnification and aqreement to hold harmless shall extend to damaqes to adjacent or downstream properties or the takinq of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and -4- / I-It? ,I:. the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, aodification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the resul t of the construction and aaintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a Subdivision, which actio is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. Clerk SUBDIVIDER: LAURA ALISON- SANIBELLE PARTNERSHIP, LP, a California limited partnership By: Laura Alison General Partner, L.P. No.1 a California limited partnership, general partner By: Laura Alison Corp., a California ~a~ion, general partner. BY'0K..J.. 0--12 0- ~ ~_.. o.^-- Richard O. Werner President THE CITY OF CHOLA VISTA Mayor of the City of Chula Vista ATTEST (Attach Notary Acknowledgement) -5- //-/1 tr "i'.'" .,,>'!,,:~~:~,'~"""~'"~~:~ry.,~''r''' ,N",; A LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $126,500.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $126,500.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $8,200.00 Improvement Completion Date: Three years f date of Council approval of the Subdivision Improvement Agreement. form 0156a -6- //./-2- c,~,~"",/~",,,,~:);r:<~1I:'~;~!""'''''',~)~;~~,: COUNCIL AGENDA STATEMENT REVIEWED BY: Item l~ Meeting Date 12/8/92 Resolution I/, , / Y Approving Second Amendment to agreement with Darnell and Associates, Inc. to prepare traffic signal plans for 1-5 and Palomar Street and 1-805 and Otay Valley Road Interchan..ge improve1e~t.:A'/ Director of Public wor7 rr.v City Managey (4/5ths Vote: Yes_NolU ITEM TITLE: SUBMITTED BY: On October 2, 1990, City Council approved an agreement with Darnell and Associates, Inc. (D&A) to prepare signal design plans for the 1-5 and Palomar Street and 1-805 and Otay Valley road interchanges. Additionally, Darnell and Associates was to prepare a project concept report for the 1-805 and Otay Valley Road interchange improvements. D&A have completed the design of the 1-5 and Palomar Street traffic signals and the project is presently under construction. However, at the 1-805 and Otay Valley Road interchange, Caltrans is requesting additional ramp widening to be done in conjunction with the proposed traffic signals. :[1:!e civil design work needed to meet Caltrans requirements will cost an additional $~019 to complete. RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to execute said agreement amendment. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: 1. 1-5 and Palomar Street Sianalization This project is under construction. The traffic signal is due to be operational by December 29, 1992. The City's contract with the consultant Darnell and Associates to prepare the traffic signal plans is completed. 2. 1-805 and Otav Vallev Road sionalization Darnell and Associates was also retained to prepare traffic signal plans and project concept report for 1-805 and Otay Valley Road ramps intersections. When City staff were ready to submit construction drawing plans to CalTrans for review and approval, staff was informed that the design exceptions initially approved by Caltrans are not acceptable to the Federal Highway Administration (FHWA). I~-/ Page 2, Item / cJ... Meeting Date 12/8/92 Initially Caltrans approved a design exception to provide three 11-foot lanes for the 1-805 northbound off-ramp and the project design went forward under that exception. The option was pursued because 3-11 foot lanes could be built within the existing graded area for the ramp. However, FHWA rejected this design exception and ordered that three 12-foot lanes be provided on the northbound 1-805 off-ramp in conjunction the interchange signalization. Because of additional grading required on the ramp and striping changes, this requirement necessitates the preparation of civil design plans. The civil design work necessary to satisfy Caltrans' new requirements are field survey, detailed construction drawings, striping plans, and traffic signal design modification from the original design. Because of the additional design work required by Caltrans, it is now estimated that the construction of 1-805/0tay Valley Road ramps intersection which was scheduled to start late December 1992, will now start around the beginning of April 1993. It is recommended that the City Council amend Darnell and Associates' contract to include the civil design work and traffic signal and striping plans modifications for an amount not to exceed $15,019. This work was not anticipated initially and is outside the current agreement Scope of Work. FISCAL IMPACT: Funds are available in Project No. TF-220 (Interchange Traffic Signal Improvements). The proposed amendment will increase compensation to the consultant by $15,019 from $42,888 to $57,907. Additionally, the widening of the northbound off-ramp will increase the City's share of the construction cost. Although we have not completed a detailed estimate based on design plans, a preliminary estimate of the City's additional cost for construction is $15,000. ZAO/BR-043 WPC F:\home\engineer\agenda\darneU 120292 l;l ., e?--- RESOLUTION NO. /~9/g/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO AGREEMENT WITH DARNELL AND ASSOCIATES, INC. TO PREPARE TRAFFIC SIGNAL PLANS FOR I-5 AND PALOMAR STREET AND I-805 AND OTAY VALLEY ROAD INTERCHANGE IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY WHEREAS, on October 2, 1990, city Council approved an agreement with Darnell and Associates, Inc. (D&A) to prepare signal design plans for the I-5 and Palomar Street and I-805 and otay valley road interchanges; and WHEREAS, addi tionally , Darnell and Associates was to prepare a project concept report for the I-805 and Otay Valley Road interchange improvements; and WHEREAS, D&A have completed the design of the I-5 and Palomar Street traffic signals and the project is presently under construction; and WHEREAS, at the I-805 and Otay Valley Road interchange, Caltrans is requesting additional ramp widening to be done in conjunction with the proposed traffic signals; and WHEREAS, the civil design work needed to meet Caltrans requirements will cost an additional $15,019 to complete. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Second Amendment to Agreement between the City of Chula vista and Darnell and Associates, Incorporated to Prepare Traffic Signal Plans for Interstate 5 at Palomar Street Ramps and Interstate 805 at Otay Valley Road Ramps, a copy of which is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City 0 Chula vi a. John P. Lippitt, Director of Public Works aJ Bruce M. Attorney Presented by F:home\attomey\dameU ),2-3/1). -f SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND DARNELL AND ASSOCIATES, INCORPORATED TO PREPARE TRAFFIC SIGNAL PLANS FOR INTERSTATE 5 AT PALOMAR STREET RAMPS AND INTERSTATE 805 AT OTAY VALLEY ROAD RAMPS THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this day of , 1992, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "city", and DARNELL & ASSOCIATES, INC., a California corporation hereinafter referred to as "Consultant", whose address is 1202 Kettner Boulevard, suite B, San Diego, California, 92101, for professional engineering services in connection with the City of Chula vista (traffic signal construction at 1-5 and Palomar Street and I-80S and Otay Valley Road in the city of Chula vista. RECITAL A. WHEREAS, on October 2, 1990, by Council Resolution 15884, an agreement to provide engineering design services was entered into between the City and the consultant's predecessor corporation BASMACIYAN-DARNELL, INCORPORATED (BDI) for the design of traffic signals at the Interstate 5 at Palomar Street ramps and Interstate 805 at Otay Valley Road ramps and; B. WHEREAS, on June 23, 1992, by Council Resolution 16698, a first amendment to agreement with said consultant was approved to prepare Civil design drawings for the I-80S southbound offramp and; C. WHEREAS, Caltrans is requesting the I-80S northbound offramp to be widen to provide three (3) 12 foot lanes and two (2) 2 foot shoulders and; D. outside and; WHEREAS, the additional work requested by Caltrans is the original Scope of Work contained in original agreement E. with the resources WHEREAS, the City desires to proceed in a timely manner construction of this project and lacks sufficient to design the project in a timely manner and; /;J -J" G. WHEREAS, the Consultant represents that it is qualified and has personnel and facilities available necessary to accomplish the work within the required time, and consultant desires to undertake same. WITNESSETH THAT, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Consultant agree that the Original Agreement, as amended, is further amended as follows: I. section 1: Consultant's Duties, is amended to add at the end the following: (viii) prepare civil Engineering plans, construction cost estimates, and special provision specifications, and perform surveying for the widening of the I-805 northbound off ramp at Otay Valley Road. perform all necessary changes to the traffic signal and striping plans as a result of the northbound offramp widening. "(vii) II. section 2b: Compensation. existing text: Add the following after the "In addition to the compensation provided in the section above (the original agreement and First Amendment) the compensation to be paid by the City to consultant for all additional work required for the traffic signals as specified in this Second Amendment shall be a not to exceed fee of Fifteen Thousand Nineteen Dollars ($15,019) based upon the original fee schedule (Exhibit B) payable per task in monthly progress payments in an amount that the Public Works Director, or his designee, shall determine corresponds to the value provided to the City to the date of billing. Payments shall be based on the invoice and fee schedule per task set forth in Exhibit D. II III. Except as provided herein, all other items and conditions of the original agreement, as amended, remain in full force and effect. Jc2-~ IN WITNESS THEREOF, the parties hereto have executive this Second Amendment to Agreement on the day and year first-above written. CITY OF CHULA VISTA DARNELL AND ASSOCIATES, INC. TIM NADER MAYOR "-9Q E~ a QjJ BILL E. DARNELL, PRESIDENT Attest: B (ZA03\BASMACAM.FRM) /~.7 BXHIBIT D SCHEDULE OF HOURLY BILLING RATES (Effective January 1, 1992) Firm Principals Project Work ............................................. $120.00/hr. Public Hearings/Special Presentations. . . . . . . . . . . . . . . . . . . . . . . . . . . $135.00/hr. (4 hours minimum) Expert Witness Work Background Preparation ............................... $120.00/hr. Court Appearance (4 hours minimum) ..................... $135.00/hr. Principal Transportation Engineer/Planner ............................. $ 90.CO/hr. Senior Transportation Engineer/Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ as.CO/hr. Transportation Engineer/Planner .................................... $ 75.00/hr. Assistant Transportation EngineerlPlanner . . . . . . . . . . . . . . . .. . . . . . . . . . . .. $ 56.00/hr. Designer ..................................................... $ 50. CO/hr. Transportation Analyst ........................................... $ 42.00/hr. Traffic Engineering/Planning Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 44.CO/hr. Engineering/Planning Aide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 24.00/hr. Junior Engineering/Planning Aide ................................... $ 20.00/hr. Word Processor ............................................... . $ 30.00/hr. Necessary auto travel will be charged at $0.30 per mile. Subconsultants, reproduction, materials, and other non-wage costs will be invoiced at direct cost plus 10 percent administrative charge. /.,2 ~g/ COUNCIL AGENDA STATEMENT Item I:B Meeting Date 12/8/92 ITEM TITLE: Resolution /,,? J , Amending Schedule VIII, Section 10.52.400 of the Municipal Code to allow Diagonal Parking on the 100 block of Quintard SUBMITTED BY: Director of Public wor~ REVIEWED BY: City Manager 8) (4/5ths Vote: Yes_ No_XJ Staff received a request from Mr. Earl Wiens, Principal of Castle Park Middle School, to provide diagonal parking stalls along the entire frontage of the school. RECOMMENDATION: That the City Council adopt the resolution amending Schedule VIII, Section 10.52.400 of the Municipal Code, to allow diagonal parking along the north curbline of Quintard Street between First Avenue and Second Avenue. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission at their November 12, 1992 meeting voted 5-0 to accept staff's report and recommend to the City Council to adopt a resolution allowing diagonal parking along the north curbline of Quintard Street between First Avenue and Second Avenue. DISCUSSION: Quintard Street is a Class III collector with a 40' curb to curb width. The block between First Avenue and Second Avenue is 50 ft. wide with the additional 10 foot width all north of the centerline. Therefore, the eastbound traffic lane is 20 ft. wide with parallel parking while the westbound traffic lane is 30 ft. wide. The posted speed limit is 30 MPH except in the vicinity of Castle Park Middle School, where the speed limit is 25 MPH when children are present. Traffic counts completed by staff in May of 1991 show an Average Daily Traffic count (ADT) of 4,300 vehicles per day. A review of the accident history for this block for the period of 1/1/89 - 10/2/92 shows that there have been 4 reported accidents. A similar accident history review was done for Fifth Avenue south of G Street in front of Chula Vista Junior High School where there is diagonal parking along the east curbline and parallel parking along the west curbline. In comparing the two locations, there have been no reported accidents at either locations during the beginning and dismissal periods. On Fifth Avenue there have been no accidents attributed to the angle parking. Traffic Engineering staff marked 55 temporary diagonal parking spaces along the north curbline of Quintard Street for the week of October 12, 1992 for a special event recently held at the Castle Park Middle School campus. Where there were 37 parallel 13-1 Page 2, Item_ Meeting Date 12/8/92 parking spaces along the school frontage, staff has temporarily marked 55 - 45 degree parking stalls, thus leaving a 15 foot wide westbound lane versus a 22 foot wide lane which encouraged double and sometimes triple parking due to a lack of adequate parking spaces. The school staff has started using these angle parking stalls on a daily basis. Field investigations done at the 2:05 P.M. dismissal time show that the 55 angle parking stalls have significantly improved traffic flow during the peak periods and provided sufficient on-street parking spaces for parent's vehicles. The Chula Vista Police Department prefers the angle parking, since it is easier to enforce and cite illegally parked vehicles. The existing yellow curb area by the front entrance walkway will still be used as a passenger pick-up/drop-off area. CONCLUSION: Staff recommends that the City Council to adopt a resolution amending Schedule VIII, Section 10.52.400 of the Municipal Code, to allow diagonal parking along the north curbline of Quintard Street between First Avenue and Second Avenue. 10.52.400 Diagonal Parking - Permitted where - Schedule VIII. Name of Street Beginning at Ending at Side Quintard Street First Avenue Second Avenue North FISCAL IMPACT: $250. FXR:KY-119 WPC F:\home\engineer\agende\quintard.100 120292 Attachments: Area Plats Letter dated October 19, 1992 Htlr S'4IfNKe() Safety Commission minutes dated 11/12/92- Ktlr sCIf"NIIJ / :]..).. Castle Park Middle School ~' ~. ~:_ ~::: v~... i')~ )'-U'I~ I . JCNIGIITS hvatiOD .~: RecopitiOD . ~...l .DOlfcatiOD 'J ,:_..Escellenc:e_~ . ;- C 1-; ;:_~ ~!..4' . Office of the Principal 160 Quintard Street ChulaVista, CA 91911-4499 Phone: (619) 691-5490 Sweetwater Union High School District !-J-, 'r..~-- i:: ;",., ~:.. '-. ] ISSZ aCT 21 PM ':1 }~_I October 19, 1992 Bob Thomas Chairperson of Safety Commission 276 Fourth Avenue Chula Vista, CA 9191 0 Dear Mr. Thomas, At a recent meeting with Francisco X. Rivera, P.E. in a presentation for a reception/celebration at Castle Park Middle School for Gail Devers I was delighted to see diagonal parking being used to enhance the number of parking places. I would like to ask you to make parking on the north side d. of ->fb_JIi from Second Avenue to First Avenue diagonal parking all the Q,:,:"~ time. Our enrollment, has increased dramatically the last few years, .5tre. therefore, our visitors and parents have increased and more parking is needed. I believe this would also reduce the number of double parked cars and provide a safer environment for the delivery and pick-up of our students. . I appreciate your consideration in this matter. Thank you, ~~~ Earl Wiens Principal . EW/ck 13-7 Safety Commission Minutes November 12, 1992 Page 5 MSC 1Th0masIBradenl that the Safety Commission accept staff's report and staff's recommendation to Installlntersec:1ion wamlng signs with 20 MPH advisory plates and to Install 30 MPH pavement markings at the 30 MPH sign for westbound traffic. Approvad 4-'-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 IChldesterlPittsl that the Safety Commission accept ataff's report and recommend to the City Councl to adopt a resolution allowing diagonal parking along the north curbline of Ouintard Street between First and Second Avenue. Approved 5-0-2 with Vice Chair PadDle end Commissioner Matacia absent. 10. REPORT on Retaining on Street Parking in the 400 block of L Street Frank Rivera presented staff's report. ChllrfllS SCMllder, 440 L Street #1, Chulll Vistll, 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 Vistll WilY, Chulll Vistll, CA 91910, representeCl the Chula Vista Church of Christ at 470 L Straet. 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. Mic""",OffertJIIIn, 440 L Street #F, Chulll Vistll, 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 IThomas/Koesterl that the Setety Commission eccept ataff's report and recommend to the City CouncU to retain on-street parking In the 400 block of L Street and add yellow reflective pylons within the painted medien. Approved 5-0-2 with Vice Chair PadDla and Commissioner Matacia absent. " 11. ORAL COMMUNICATIONS None. STAFF REPORTS 12. 1992-93 CIP Status Reoort - Distributed for Commissioner information. 13. Chula Vista Police Oeoartment Traffic SummarY for Seotember '992 - Distributed for Commissioner information. ~ n~/~rr!':~Z;ZS3~'~'...S <",,, -'-..- ~ ~ 1"'"'" -~~,--; r. ,.. '"',. ..: ci':, " "",,'J\.;"""- ~\.;....~- ""'" /J~ g" :,'=.~:':=.,"~~-' ~ -- COUNCIL AGENDA STATEMENT Item d Meeting Date 12/8/92 ITEM TITLE: Public Hearing for the Purpose of Considering Abatement of the Transient Occupancy Tax Resolution I~~.?~pproving Abatement of the Transient Occupancy Tax From a Rate of Ten Percent to Eight Percent for Calendar Year 1993 SUBMITTED BY: Director of Finance~~ ~/) REVIEWED BY: city Manager Y (4/5ths Vote: Yes_No ~ ) v At its meeting of October 25, 1990, the city Council adopted Ordinance No. 2407, option 1, amending the Municipal Code regarding Transient Occupancy Tax (TOT) by establishing a maximum TOT rate of ten percent and providing for annual abatement hearings at which time the maximum tax could be lowered. In 1990 and 1991 the City Council held abatement hearings and set a TOT rate of eight percent for the subsequent calendar year, the same rate it has been since 1978. The purpose of tonight's action is to hold the annual abatement hearing and to consider reduction of the TOT rate from ten percent to eight percent. without an abatement hearing the TOT rate will automatically increase to ten percent. RECOMMENDATION: That Council hold the public hearing and adopt the resolution maintaining the TOT rate at eight percent. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As highlighted in the city Manager's annual Budget presentation, the structure of municipal revenue is an increasing problem for Chula vista and all other cities. While the property tax and sales tax revenues normally increase at a rate reflecting economic activity in the community, a number of other revenue sources are either "flat" or actually decrease. Accordingly, the city's overall revenue base does not keep up with the expenditures, resulting in a constant search for ways of providing services more efficiently and less costly, as well as ways to increase revenues. The city has come to rely to some extent on one time windfall revenues, or ongoing revenues from special funds to pay for general city operations. In order to address the structural 1'/-/ Page 2, Item ILl Meeting Date 1m/92 insufficiency in the municipal revenue base, the City has made efforts in the past three years to identify additional revenue possibilities, as well as taking steps to make overall operations more efficient. One outgrowth of these efforts was to bring the business license tax rates more in line with other cities. Although a three year phase-in of rate increases was scheduled, the past two years' proposed increases have been deferred because of the poor economy. The city council also agreed to increase the Transient Occupancy Tax from eight percent to ten percent, but held the increase in abeyance given the economic situation at the time, with the idea that an economic recovery might warrant an increase in TOT in future years. Unfortunately, the current economic environment has not improved from last year. There is some indication that the motel occupancy rate has declined over the past several months because of the recession and overbuilding in San Diego. In FY 1991-92, the city's actual TOT revenue declined slightly (less than one-half of one percent) for the third year in a row. Many economists are now predicting California will lag behind any economic recovery. In light of this discussion, staff is recommending that the TOT be maintained at its current rate of eight percent. Alternative As an alternative to the staff recommendation, council may wish to consider not abating the TOT rate and allowing it to automatically increase to ten percent or abating it to a rate somewhere between eight and ten percent. Each one percent in TOT rate equals approximately $150,000 in revenue. Therefore, if the TOT rate is abated to nine percent it will increase revenue by $150,000 and if the TOT rate is ten percent it will increase revenue by $300,000. Comcarison of TOT Rates in Neiahborina cities The following table indicates the TOT rate in neighboring cities: Previous Current Date city TOT Rate TOT Rate Chanaed Imperial Beach 7% 10% 7/1/90 Coronado 6% 7% 10/1/85 National city 8% 10% 7/1/92 San Diego 8% 9% 6/1/89 IJ./-t?-, Page 3, Meeting Item ) 'I Date1:2/8/92 The major change since council last considered this issue is that National city raised its rate from eight percent to ten percent (on 7/1/92) so that almost the entire Southbay area (except coronado) is higher than Chula vista's rate. This means that our motel/hotel operators would not be competing at a disadvantage with National city or Imperial Beach if Chula vista's rate was raised to nine or ten percent. Also, as you will recall, this is a tax that provides support for city services from non-residents of Chula Vista, so it will not have a direct impact on most Chula vista taxpayers. Finally, in light of the state's continuing budget woes the city may very well need this additional revenue at some point in time in order to support existing service levels. FISCAL IMPACT: By keeping the current TOT rate of eight percent, the city's TOT General Fund revenue for this fiscal year is anticipated to be approximately $1,200,000 which is about the same as the last three fiscal years. If the TOT rate is abated to nine percent, then it is estimated that the city will receive an annual revenue of $1,350,000. with a TOT rate of ten percent the city will receive $1,500,000 in revenue. 10/'3 //'-1-0/ RESOLUTION NO. I~ f)"x() RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CALENDAR YEAR 1993 WHEREAS, at its meeting of October 25, 1990, the city Council adopted Ordinance No. 2407, Option 1, amending the Municipal Code regarding Transient Occupancy Tax (TOT) by establishing a maximum TOT rate of ten percent and providing for annual abatement hearings at which time the maximum tax could be lowered; and WHEREAS, in 1990 and 1991, the city Council held abatement hearings and set a TOT rate of eight percent for the subsequent calendar year, the same rate it has been since 1978; and WHEREAS, the City Council, at a public hearing held on December 8, 1992, considered the reduction of the TOT rate from ten percent to eight percent and voted to maintain the TOT rate as eight percent. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the abatement of the Transient Occupancy Tax from a rate of ten percent to eight percent for calendar year 1993. F:home\aUomey\8%TOT , City Presented by Lyman Christopher, Director of Finance 1'-/5 460 SANDPIPER WAY CHULA VISTA, CA 91910 (619) 422-0111 - -- -- -,- ~ "'lJlII!IiIIII " ~.;.^'- r __ "'_I" CI-llJI.A VISTA 1:~'.:l::('''i..J:T. RECEIVED 'P2 IlC -7 P2:57 ~H 8[E~~4~imJf December 7, 1992 city Council Members city of Chula vista 276 Fourth Avenue Chula Vista, Califonria 91910 Re: TRANSIENT OCCUPANCY TAX RATE FOR THE CITY OF CHULA VISTA Dear city Council Member, Vacationers who visit Chula vista already balk at the cur- rent TOT level of 8%. Increasing the rate beyond this level would no doubt effect our ability to obtain repeat business and also, first time visitors. Considering the current depressed economic environment, which has severely impacted the vacation market, it would be a very poor decision to increase this tax and in the long run reduce revenue for everyone concerned. Please consider the city Managers recommendation and adopt the resolu- tion that would maintain the TOT rate at the current level of 8%. Sincerely, ~ Patricia Les} General Manager CHULA VISTA RV RESORT )1 ~r; A DEVELOPMENT OF IPiS INCOME PROPERTY GROUP 15. PUBUC HEARING COUNCIL AGENDA STATEMENT Item 15 Meeting Date: 12/8/92 CONSIDERING A ONE YEAR ABATEMENT OF TI-IE SCHEDULED CALENDAR YEAR 1993 BUSINESS UCENSE TAX INCREASE TO RETAIN BUSlNESS UCENSE TAXES AT TI-IE CURRENT CALENDAR YEAR 1991 LEVEL - Staff recommends the public hearimr be opened and continued to 12/15/92. (Director of Finance) /s:/ ITEM NUMBER: 15. RESOLUTION NUMBER: ORDINANCE NUMBER: OTHER: IV8(,1e, N4A~/lvt:. ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM DATE: (AGENDA PACKET SCANNED AT ABOVE DATE) ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO I~ /16' /f/~ DATE: MISCELLANEOUS INFORMATION: ttJNSIIJ~~/NG- II I)Nk YII9A. A8I9T.H6AJT l)F TI'IG .s~H4/)uL& I..) ~AtGNIJAIt. Y&lflt. 1993 .gillS/NESS U~CNSe rAX INtlEIfSS '-0 RErl9/A) .... TAXES IIr TN; ~1I"IlGAJr eALe~()1+1l 1941' 1..11'1'1-. 16-1 SUPPLEMENTAL REPORT Item No. /~ Meeting Date 12-8-92 December 3, 1992 TO: FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager~ Guidelines for Types of Vehicles The attached Council Agenda Statement on the use of City vehicles and auto allowances was previously on the agenda for the November 24 Council meeting but was continued to the December 8 meeting because of the length of time required to complete other items on the November 24 agenda. Recommendation #3 in the attached report concerned the completion of a report on several issues by the City's new Fleet Manager. Although pool car use and the leasing issue still need further review, the Fleet Manager has recently (subsequent to the November 24 report) deve loped the attached recommended guidelines for the types of sedans to be purchased in the future. Equipment Maintenance staff surveyed several cities in the County to determine if they had written policies on the types of vehicles purchased for executives and/or pool car use. Although the surveyed cities did not have formal written policies or guidelines, their unwritten policies were generally similar to the attached guidelines. RECOMMENDATION: That Council approve the attached guidelines. JOG:JRT:mab Attachment cars ~ "'I~k~ ~ ;b~ .. ~ I.'O'f It-! GUIDELINES FOR THE ASSIGNMENT OF VEHICLES TO EXECUTIVE AND POOL CARS SedaDa Mayor. City Manager. Assistant City Manager. City Attorney. Police Chief Department Head Pool car Full size sedan. van. or station wagon if there are anticipated passengers Intermediate 4-door sedan~ Example: Ford Taurus or Chrysler LH Intermediate 4-door sedan with wheel base 108-11 7 inches. Examples: Dodge Spirit. Ford Tempo. Ford Taurus. Chrysler LH WPC F:\HOME\WPC\PW\343.92 J~ -;2, COUNCIL AGENDA STATEMENT ITEM TITLE: ITEM: Iyl~ MEETING DATE~ /.2)0.:L Resolution I" 9~~prOVing Council Policy Regarding Use of City Vehicles and Auto Allowances City Manage~ (4/5ths Vote: Yes___No-1-) SUBMITTED BY: At its June 3D, 1992 meeting, the City Council directed staff to prepare a recommended policy regarding personal use of City vehicles and guidelines on the types of vehicles purchased for assignment to Executive Managers. As part of the discussion at that meeting, individual Councilmembers indicated a desire to move away from situations where employees are allowed the unlimited personal as well as business use of a City vehicle, but to make this transition gradually or in a manner that does not violate an employment or compensation agreement previously negot iated with affected employees. The proposed Council Policy and other recommendations below are intended to provide the Council with a mechanism for achieving those objectives. At a recent Council meeting, it was also suggested that staff review the City's pool cars. The City hired a new Fleet Manager on September 1, and one of his initial assignments is to review the City's overall fleet, including the number and type of poo 1 cars. Th i s rev iew, however, wi 11 take severa 1 months to complete so a subsequent report to the Council will address those issues as well as guidelines for the types of vehicles to be purchased in the future. RECOMMENDATION: That Council: 1. Adopt the resolution approving the proposed Council Policy regarding use of City vehicles and auto allowances. 2. Approve the proposed steps described in this report for implementing the Council Policy. 3. Direct the City's new Fleet Manager, in conjunction with the Purchasing Agent, to prepare a report wig recommended guidelines for the types of vehicles to be purchased in the future for use by Executive Managers or for pool cars, any recommendations regarding leasing rather than purchasing such vehicles, and a review of pool car use. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The remainder of this report is organized into three sections: a description of the current s ituat ion, a discuss ion of the proposed Counc i 1 Po 1 icy, and a description of the proposed steps for implementing the Council Policy. f?( (b-3 PAGE 2, ITEM: ) Y lb. MEETING DATE:~ / "'/ Jjt';;""" CURRENT SITUATION In preparing this report, staff reviewed all City departments regarding uses of City-owned vehicles that could be considered personal use. Such uses can be categorized into the following three groups: (I) discretionary personal use, which includes at least some discretionary personal use as well as cOlIIDuting; (2) cOlIIDuting and limited personal use while on call; and (3) cOlIIDuting only. The positions in the "discretionary personal use" category are the Mayor, City Manager, Assistant City Manager, City Attorney, Police Chief, Fire Chief, COlIIDunity Development Director, and Executive Director of the Bayfront Conservancy Trust. It should be noted, however, that the COlIIDunity Development Director, Executive Director of the BCT, and the Fire Chief have used their City vehicles primarily for work and commuting with very little discretionary personal use. The vehicles assigned to the Community Development Director and Executive Di rector of the BCT are a 1 so used as poo 1 veh i c les for their respect i ve departments. The positions in the "commuting and limited personal use while on call" category are all Police or Fire employees whose discretionary personal use is limited to when they are on call. The positions in this category are Police Captains, Fire Marshal, and Fire Inspectors in the Fire Prevention Bureau. The discretionary personal use while on call, which is primarily within the City boundaries of Chula Vista, is intended to allow these public safety positions to monitor field activities and/or to be able to respond quickly to emergency situations. The "commuting only" category includes Executive Managers, employees designated by their department head as "on call" and Police Officers who are assigned Police motorcycles or K-9 vehicles. The positions are in Parks and Recreation, Public Works, Building and Housing's Communication Division, and the Police Department. The Police motorcycles are used for commuting in order to facilitate the routine maintenance and cleaning of the motorcycles, and the K-9 officers use their vehicles to transport their K-9 partners to their homes where the officers take care of the animals. Aside from the Police motorcycle and K-9 officers, the other employees in this category are all on call for emergency or near-emergency situations after normal work hours. The following points may help provide some additional background regarding the current situation. . The practice of assigning a City vehicle to the Mayor, City Manager, and City Attorney for City as well as for personal use goes back a number of years, at least well into the '70s. In 1982 when the current City Manager was hired, with the expectation of an auto allowance similar to his previous job, the City Council offered a City car instead, which could be used for personal use. The Council probably felt that this would be cheaper for the City than an auto allowance since there was then an existing car assigned to the previous City Manager (a Ford LTD). ~ 16-~ PAGE 3, ITEM: / y l b MEETING DATE~ /..2/,)'/7A . There has been an informal Council policy that these types of execut i ve veh i c les be purchased from a loca 1 car dea ler without going through the bidding process. It may be less expensive to go through the bidding process or purchase such vehicles off an existing contract on a cooperative basis with a larger agency such as for police patrol sedans. . There has been an informal policy the Mayor's and City Manager's cars would be full-sized vehicles similar to police patrol cars, or their equivalent. With the informal local preference policy, this has meant a Chevrolet Caprice or Ford LTD (now Crown Victoria) or its equivalent in price. . In September 1989, the City Council authorized the City Manager to negotiate either an automobile or an auto allowance up to $285 per month for certain executive staff. It was found that the vast majority of comparably sized cities in California provided either an auto allowance or a vehicle. This authorization to the City Manager was thus intended to enhance the City's abil ity to attract and retain quality management staff, since this was a benefit employees received from their previous employers before they came to work in Chula Vista, as well as to help resolve inequities among management staff. It also made pool cars more accessible to other staff, thereby reducing the number of additional pool cars that the City would otherwise have to purchase. The amount of the 1989 auto allowance (up to $285 per month) was based on a survey of the auto allowances provided by other cities and on an analysis of the cost of providing and maintaining a City vehicle. The maximum auto allowance amount for executive managers has not been adjusted in the last three years. . In approving the compensation package for the City Manager in December, 1989, the Counc i 1 prov i ded the City Manager wi th the option of either a City-provided automobile or $330 per month as an auto allowance. . The International City Management Association (ICMA) publishes an annua 1 survey report on loca 1 government execut i ve sa 1 aries and fringe benefits. Chart A is from ICMA's 1992 Compensation Report regarding whether the City Manager/Chief Administrative Officer is provided an automobile. Of the total 1,423 agencies responding to the survey, 56.1% provided an automobile for the CAD's use. Of the 159 agencies with populations between 100,000 and 250,000, 65.4% provided automobiles. Of the 193 agencies on the Pacific Coast, 48.7% provided automobiles. To better determine how the City's current practices compared to other comparable agencies, staff surveyed the California cities normally used for comparison purposes for Executive and Middle Management compensation. Data was obtained from 21 comparison agencies: 15 California cities from outside San Diego County I>> ICo-5 . PAGE 4, ITEM: I ')/"1 \0 MEETING DATE:~ 0/;' /J..)~7.2. with similar organizational structures and populations from 100,000 to 200 000' and 6 .agencies ~ithin the County - San Diego City and County, Ocean~ide: Escond,do, El CaJon and Carlsbad. The results are summarized on Chart B. In addition, staff surveyed the South County cities of Imperial Beach, National City, and Coronado and those results are summarized in Chart C. The nine agencies within the County that are included in either Chart B or Chart Care summarized in Chart D. As indicated in the charts, the vast majority of the surveyed cities provide either an automobile or an auto allowance for the surveyed positions, with a trend toward auto allowances. The auto allowances provided for the positions varied from $150 per month to $674 per month, with the median allowances ranging from $250 to $437. PROPOSED COUNCIL POLICY The attached proposed Council Policy vehicles and automobile allowances. summarized below. addresses both the personal use of City The major provisions of the policy are The proposed policy would prohibit the use of City-owned vehicles for any employee's personal use, unless such use is explicitly authorized by the policy. The proposed policy provides that, in special circumstances the City Council may determine it is in the City's best interest to authorize an employee to use a City vehicle for the employee's unrestricted personal use as well as City business. The Mayor, City Manager, Assistant City Manager, City Attorney, Police Chief, and Fire Chief are currently authorized such use unless any of these positions switch to an auto allowance. Regarding "Public Safety On Call Service", the proposed policy provides that Police and Fire employees who are designated by the Police Chief or Fire Chief as "on call" may be authorized by the City Manager to use a City vehicle for limited personal use while they are on call, with such use limited to San Diego County or a portion thereof. In the "Commuting Only" category, the proposed policy provides that Executive Managers, employees designated by their department head as "on call" and Police Officers who are assigned police motorcycles or K-9 vehicles may be authorized by the City Manager to use a City vehicle for travel between their home and work and extremely minimal personal use in route or during the work day. In considering whether or under what conditions to authorize one of the above types of uses of City vehicles, the policy indicates that the department head and the City Manager shall take the following into account: The relative cost to the City of the proposed use of a City vehicle and of other alternatives. I-;f ~~ PAGE 5. ITEM: / ?/\ 1.0 MEETING DATE:~ /..:;/;;1;.2- The importance of the employee being able to respond quickly to emergency or near emergency situations after the employee's normal work schedule. The importance of the employee having access to special equipment installed in a City vehicle when the employee responds to situations after the employee's normal work schedule. The frequency of such call back situations. The geographic distance and response time from an employee's residence to work site(s). The importance of the employee's driving a City vehicle for special reasons such as enabling easier access at emergency scenes or other restricted access areas or for giving tours to visiting dignitaries. Other relevant considerations such as potential effects on the emp 1 oyee' s product i v ity or on the city image portrayed to the pub 1 ic. The policy also provides that City vehicles be purchased in accordance with normal purchasing procedures provided in the Municipal Code. In terms of auto allowances, the proposed policy provides for an Executive auto allowance and for a Senior Executive auto allowance. The Executive auto allowance is essentially the same as the auto allowance program approved in September 1989. Under the proposed policy, the City Manager would continue to be authorized to provide, at the Manager's discretion, an auto allowance for Executive Managers who do not have an assigned City vehicle. The City Council will periodically determine the maximum monthly amount of the Executive auto allowance and any positions outside the Executive Management group that are authorized to receive the Executive auto allowance. (Currently the only non- executive who has been authorized to receive an auto allowance is the Traffic Eng i neer, and th i s except ion is recommended to be cont inued. ) The proposed policy would keep the maximum monthly rate for the Executive auto allowance at $285 per month. At some point the Council may want to consider increasing this maximum amount to $300 (a 5.3% increase), since the amount has not been adjusted since it was established three years ago and the $300 is more in line with the median auto allowances provided in the survey cities. The proposed policy also establishes a Senior Executive auto allowance, for which the City Council will periodically determine the eligible positions and the maximum monthly amount. The proposed policy would provide that initially, the positions eligible for the rate if they do not have an assigned City vehicle will be the City Manager, City Attorney and Assistant City Manager. The proposed monthly rate for the Senior Executive auto allowance is a range of $400-550 per month. This proposed range is based on a combination of factors: the comparative data from other agencies, the cost to the City of providing and maintaining a ~ PAGE 6, ITEM: I Y I ~ MEETING DATE:::;~Rnnl'l J.?-;/ij5.J- City vehicle, and the alterqative cost to the employee of providing and maintaining their own vehicle. Although the City's cost of providing a specific vehicle varies from year to year depending on mileage, repairs, and accidents as well as on replacement cost, the overall cost to the City of providing a vehicle is generally equivalent to the cost of providing a car allowance. PROPOSED IMPLEMENTATION STEPS Implementation of the proposed Council Policy would involve the following initial steps: . Providing the option for the Assistant City Manager and City Attorney to switch to a Senior Executive auto allowance, instead of having vehicles assigned to them. . Limiting the use of the vehicles assigned to the Community Development Director and Executive Director of the Bayfront Conservancy Trust to the "Commuting Only" category. . Formalizing the administrative guidelines on the use of City vehicles by Police and Fire employees in the "Public Safety On Call Service" category. . Using the regular bidding process for all future vehicle purchases. Staff would also intend to further review and formalize the "Commuting Only" authorization for specified Executive Managers, employees designated by their department head as "on call," and Police Officers who are assigned Police motorcycles or K-9 vehicles. The City Manager will also review the appropriate level of auto allowances to provide to members of the Executive Management group. It would also be appropriate for the City Council to determine the appropriate level of auto allowance for the City Attorney if he switches to an allowance instead of a vehicle. The new Fleet Manager, who started work on September I, has been asked to prepare a report in conjunction with the Purchasing Agent with recommended guidelines for the types of vehicles to be purchased in the future for use by Executive Managers, and any recommendations regarding leas ing rather purchas ing such vehicles. The Public Works staff already had planned on assigning the new Fleet Manager a review of the guidelines for all sedans in the City's fleet, so these assignments have been merged. A review of the type and number of pool cars will also be addressed. 1 For example. the Automobile Club of Southern C.lifomia mimates the COlt of owning and operatin; a oompoatt. vehicle (IIlI' is _ on lvera;ad dlta lor I Ford ElCOn LX. I Ford Taurus L. and I Chevrol., Caprico) driven 15.000 mil" I year II se.971 por year or $58' por month. ~ PAGE 7. ITEM: I Y\ <.0 MEETING DATE:~ /..7/,p7..2 FISCAL IMPACT: The fiscal impact of the proposed policy would largely depend on potential changes in vehicle use or assignments and auto allowances. Since one of the potential effects of the above steps could be to free up vehicles, such as one or both of the Ford Explorers currently assigned to the City Attorney and Assistant City Manager, the City's new Fleet Manager, in conjunction with the Purchasing Agent, would be directed to determine the most cost effective disposition (public sale vs. other assigned use within the City fleet such as field inspections or Police work) of any vehicles made available for reassignment or sale as a result of the above steps. (A:AVEH) JYl l<a -9 TInS PAGE BLANK. ~ IIc:.-lO - ~-----~ RESOF":'ION NO. /~9tJY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COUNCIL POLICY REGARDING USE OF CITY VEHICLES AND AUTO ALLOWANCES WHEREAS, at its June 30, 1992 meeting, the City Council directed staff to prepare a recommended policy regarding personal use of City vehicles and guidelines on the types of vehicles purchased for assignment to Executive Managers; and WHEREAS, as part of the discussion at that meeting, individual councilmembers indicated a desire to move away from situations where employees are allowed the unlimited personal as well as business use of a City vehicle, but to make this transition gradually or in a manner that does not violate an employment or c,crnpensation agreement previously negotiated wi th affected employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista does hereby approve the Council Policy regarding Use of City Vehicles and Auto Allowance, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by John Goss, City Manager Bruce M. Boogaard, City Attorney F;\bol:n~\attornl:')'\cars TInS PAGE BlANK. ~ 1<O-L2. . CHART A Automobiles Provided for More Than Half of Managers aut.."o Prwldod fer eM) .... 10. aut..llo """dod nportl,. (Al lof ,. 10 (AI 10. lof 10. lof (AI (AI 10. report'"'...... 1421 '00 799~ Q4 &S.. '..lotion ...... . OYer ,,000,000..... ,. '00 " ...1 , n.1 500,000' '.000,000, D '00 IS -".7 '0 IO.S I5D,OOD' 499,000... 74 '00 42qw 12 &S.2 '00,000' 24'.'"... n. '00 104 is.4 15 14.' 10,000- "."'..... 'ID 100 99 . I' 61.' 25,000. ",999..... '63 '00 . t7 S'.5 .. ".S 10,000- 14,999..... ZI4 '00 .n8 55.' 126 44.4 5,000- ',999....... m '00 ". D.' ,as 46.4 1,500- '5999....... 117 '00 'Of SD.2 101 4t.1 ~r Z, 00........ n 100 12 44.4 .. 15.' .....ophlc _Ivlllon lew E"'land........ to '00 16 ... .. ,,,, Mid Atlantic....... ,. '00 77 S5.1 tt 44.1 lo.t lo.th Control. I" '00 'SO tt.' 11 ..4 wo.t lorth Control. 1S0 100 61 63.S 15 56.7 South AtlantIc..... sal '00 14. 61.4 '12 14.' lo.t South Control. . '00 IS a.5 n St.S WOIt South COntrol. 121 100 .. 54.S 15 6I.S Mount.'n........... '01 100 ::<!tb 12 11.7 '.clftc Coa.t...... ,tS '00 99 S'.' . 1II-23 ~ CHART B AUTO SURVEY SUMMARY CITY CITY ASST. CITY OCR. OF POUCE FIRE POUCE MANAGER ATTORNEY MANAGER COMM.DEV CHIEF CHIEF CAPTAIN # OF CITIES: 21 18** 21 21 18** 18** 18** A - No vehicle, no allowance or vehicle for work 3 5 5 5 3 4 4 only B - Vehicle work & commute 1 2 3 3 only C - Vehicle w/limited 2 1 4 3 2 personal use D - Vehicle w/unrestricted 2 2 1 3 1 1 personal use E - Option of vehicle or 1 allowance FOR CITIES PROVIDING ALLOWANCE Range of allowance 250 - 225 - 150. 192 - 250 - 250 - 228 - 674 519 500 519 400 400 350 Median allowance 380 320 300 300 275 300 250 TOTAL CITIES 13 11 15 15 6 7 7 (Auto Allowance) ** 3 CITIES DO NOT HAVE THIS POSITION OR CONTRACT FOR THE SERVICE. AGENCIES SURVEYED WERE: CARLSBAD, CONCORD, EL CAJON, ESCONDIDO, FREMONT, FULLERTON, HAYWARD, HUNTINGTON BEACH, IRVINE, MORENO VALLEY, OCEANSIDE, ONTARIO, ORANGE, PASADENA, POMONA, RANCHO CUCAMONGA, SAN BERNARDINO, CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, SUNNYVALE, AND THOUSAND OAKS. [WP:MISC....S.OO'J ~ llo- I ~ AUTO SURVEY SUMMARY FOR THE SOUTH BAY CHART C CORONADO - IMPERIAL BEACH - NATIONAL CITY CITY CITY ASST. CITY DlR. OF POUCE FIRE POUCE MANAGER ATTORNEY MANAGER COMM.DEV. CHIEF CHIEF CAPTAIN # OF CITIES: 3 2** 2 3 2** 3 2** A - No vehicle, no allowance 2 2 1 1*** or vehicle for work only B - Vehicle work & commute 1 1 2 2 1 only C - Vehicle w/limited personal 1 use D - Vehicle w/unrestricted 1 1 personal use E - Option of vehicle or allowance FOR CITIES PROVIDING ALLOWANCE Range of allowance 1@ N/A N/A N/A N/A N/A N/A $500 /MO Median allowance N/A N/A N/A N/A N/A N/A N/A TOTAL CITIES 1 0 0 0 0 0 0 (Auto Allowance) ** 1 CITY CONTRACTS FOR SERVICES *** HAS POOL CAR [WP,MISC.AS.OO2] CHART D AUTO SURVEY SUMMARY SAN DIEGO COUNTY CITIES CITY CITY ASST. CITY D1R. OF POUCE FIRE POUCE MANAGER ATTORNEY MANAGER COMM.OEV. CHIEF CHIEF CAPTAIN # OF CITIES: 9 8*** 8*** 9 8*** 8*** 8*** A - No vehicle, no allowance or vehicle for work 1 3 3 2 2 only B - Vehicle work & commute 1 1 3 3 2 only C - Vehicle w/limited 1 2 2 2 personal use D - Vehicle w/unrestricted 1 1 1 1 1 personal use E - Option of vehicle or allowance FOR CITIES PROVIDING ALLOWANCE Range of allowance $250 - $225 - $250 - $250 - $250 $250 $250 $674 $519 $400 $519 - - $300 $300 Median allowance $437 $375 N/A** $300 N/A** N/A** N/A" TOTAL CITIES 6 5 4 5 2 2 1 (Auto Allowance) ** RANGE TOO SMALL *.. 1 CITY DOES NOT HAVE THIS POSITION OR CONTRACTS FOR SERVICE AGENCIES SURVEYED WERE: CARLSBAD. EL CAJON, ESCONDIDO. OCEANSIDE. CITY OF SAN DIEGO. COUNTY OF SAN DIEGO. CORONADO, IMPERIAL BEACH, AND NATIONAL CITY. (WP:MISC.AS.OO8] fr1'I \to-/k, Page 1 of 3 COUNCIL POLICY REGARDING USE OF CITY VEHICLES AND AUTO ALLOWANCES BACKGROUND AND PURPOSE Members of the City Council and the public having expressed concern about personal use of City vehicles, the purpose of this policy is to provide formal guidelines regarding: (I.) personal use of City vehicles, and (II.) automobile allowances. The policies regarding these two issues are addressed separately below. I. POLICY REGARDING PERSONAL USE OF CITY VEHICLES The use of any City-owned vehicle for any employee's personal use or business (instead of for the City's official business) is prohibited, unless such use is explicitly authorized as provided below. A. In special circumstances, the City Council may determine it is in the City's best interest to authorize an employee to use a City vehicle for the employee's unrestricted personal use as well as City business. Any such agreements allowing an employee's unrestricted personal use of a City vehicle must be authorized by the City Council. B. The City Manager may, upon the recommendation of the appropriate department head, authorize the following types of personal use of City vehicles: 1. Commuting Only: Executive Managers, employees designated by their department head as "on call," and Police Officers who are assigned Police motorcycles or K-9 vehicles may be authorized to use a City vehicle for travel between their home and work and "de minimis" personal useJ in route or during the workday. 2. Public Safety On Call Service: Police and Fire employees who are designated by the Police Chief or Fire Chief as "on call" may be authorized to use a City vehicle for limited personal use while they are on call but such use shall be limited to San Diego County or a portion thereof. In considering whether or under what conditions to authorize one of the above types of uses of City vehicles, the department head and the City Manager shall take the following into account: The relative cost to the City of the proposed use of a City vehicle and of other alternatives. The importance of the employee being able to respond quickly 10. minimis personal",.. means. minimum amount of use that il cfearly secondary to the UIe for which the vehicle is primarily uMd. example: A short stop for a peraonaf errand on the way between work and the employee'. horn.. l 1<0-1/ Page 2 of 3 to emergency or near emergency situations after the employee's normal work schedule. The importance of the, emp loyee hav ing access to spec i a 1 equipment installed in a City vehicle when the employee responds to situations after the employee's normal work schedule. " The frequency of such call back situations. The geographic distance and response time from an employee's residence to work site(s). The importance of the employee's driving a City vehicle for special reasons such as enabling easier access at emergency scenes or other restricted access areas or for giving tours to visiting dignitaries. Other relevant considerations such as potential effects on the employee's productivity or on the City image portrayed to the public. City vehicles should generally be used in a manner that will minimize the number of miles traveled and the travel time involved. It therefore may be appropriate, subject to the approval of the employee's supervisor or department head, for an employee to stop for lunch or other authorized break s wh i le away from his or her norma 1 work stat ion, rather than returning to the work station first, if this action would appreciably reduce mileage and time use. The Finance Director will take prudent steps to insure the City complies with relevant IRS reporting regulations. E. City vehicles shall be purchased in accordance with normal purchasing procedures as provided in the Municipal Code. C. D. ( , II. AUTOMOBILE ALLOWANCE POLICY The City will compensate with a monthly auto allowance certain employees who may be required to frequently use, or regularly have available, a personal vehicle for City business. The following provisions shall apply: A. Senior Executive Rate: The City Council will periodically determine the eligible positions and the maximum monthly amount of the Senior Executive auto allowance. Initially, the positions eligible for this rate, if they do not have an assigned City vehicle, will be the City Manager, City Attorney, and Assistant City Manager. Initially, the monthly rate for the Senior Executive auto allowance will be a range of $400 - 550 per month. B. Executive Rate: The City Manager is authorized to provide, at the Manager's discretion, an auto allowance for Executive Managers who are not eligible for the above Senior Executive rate and who do not have an ~ 16-1~ Page 3 of 3 assigned City vehicle. The City Council will periodically determine the maximum monthly amount of the Executive auto allowance and any positions outside the Executive Management group that are authorized to receive the Execut i ve auto allowance. In i t i a lly, the max imum month ly rate for the Executive auto allowance will be $285 per month. C. The auto allowance amount, if any, for eligible positions that do not report to the City Manager will be determined by the appropriate appointing authority (City Council for City Manager, City Attorney, and City Clerk; City Attorney for Assistant City Attorney) up to the maximum amounts indicated above, or as those rates may subsequently be adjusted by the City Council. D. An employee receiving a monthly auto allowance will not be entitled to have an assigned City vehicle, to use a pool car, or to receive gas, mileage, or maintenance service or reimbursement for their personal vehicle. The only potential exception would involve business trips outside San Diego County. Subject to the authorization of the City Manager or his/her designee, an employee receiving a monthly auto allowance who needs to drive beyond San Diego County on City business may be allowed to use a City pool car if one is available or to receive mileage reimbursement, but any such mileage reimbursement would be only for the mileage outside San Diego County and would be calculated at half the normal reimbursement rate per mile. E. Upon the recommendation of the appropriate department head and the approval of the City Manager or the Manager's designee, the Fleet Manager may install appropriate City equipment (such as a two-way radio) on the personal vehicle of an employee receiving a monthly auto allowance. Such City equipment will be maintained by the City and will be returned to the City whenever the City deems its return to be appropriate. F. Employees receiving a monthly auto allowance may be required to show proof of insurance to the City annua 11 y, and the Risk Manager may determi ne minimum insurance coverage, subject to the approval of the City Manager. G. The Finance Director will take prudent steps to insure the City complies with relevant IRS reporting regulations. (A:VEHICLE) 1~-19 TInS PAGE BLANK 1. Effective on the City Attorney's surrender of the city vehicle assigned to him, the City Attorney's compensation package is amended in the following regards: A. 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P!:"'.....~'" I .., '< "')C ..ov ~~ "'-...oJ,' -,- ) h ---c22- ~ ~ ,AiL UF CA\,..,t'OIINIA . - ..-. EEMENT APPROVED BY THE STANDARD AGR - ATTORNEY GENERAL STD. .2 (REt,": ".90) CONTRACT NUMBER P85-032 AM.NO. #1 CONTRACTOR'S FEDERAL 1.0. NUMBER THlS AGREEMENT,made and entered into this 1st day of December .19~2, 95-6000690 in the State of California, by and between State of California, through its duly elected ",,;appointed, qualified and aCling TITlE OF OFFICER ACTING FOR STATE state Librarian CONTRACTOR'S NAME AGENCY CA state Library , hereafter called the State, and CITY OP CHUU VISTA ,hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants. conditions, agreements. and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows; (Setforlh service to be rendered by COn/rae/or, amount /0 be paid Con/ractor, lime/or peiformance or camp Ie/ion, and attach plans and specifications, i/ any.) To amend application (Exhibit A) as requested by Grant Recipient and approved by the state Librarian '., . . ... ;.. The following pages of said a'I:>i>t.iCatibn will' be replaced with the application pages attached hereto and incorporated into this agreement: Application Page(s) 3, 4, 5, 18, 27, 28, 33, and 34, (All documentation which supports the basis of the change approved by the state Librarian will be incorporated in and become an integral part of this agreement and are not attached hereto,) In addition, the project will August 30, 1993. All other terms and conditions shall remain unchanged and in full force and effect. begin construction no later than CONTINUED ON R SHEETS, EACH SEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNSSS WHEREOF, this agreement h.. been executed by the parti:s hereto~ upon the date first above written. STATE OF CALIFORNIA AGENCV ('t"'lifn't'",i" ~"""'''''A BV(A,UTHOAIZi~S ATURE)~ t> t2J 'C ~ PRINTED NAME PEASot SIGNJNG . Gary F.. . ,'ltronq TITLE T,ih'r";IlIJ""Y CONTRACTOR Avenue AMOUNT ENCUMSeRED BY THIS DOCUMENT $ -0- PAIOR AMOUtiT ENCUMBEReO FOR TI-I18 CONTRACT $ 6 747 528.00 TOTAL AMOUNT ENCUMBeRED TO JATE $ 6,747,528.00 PAOORAMICA TEGORY (CODe AND TITLE) FUND TiTlE Department of G.n".1 &rvlc.. UB. Only (OPTIONAL USEI I hereby certify upon my own personal know/o<:Ige that budgeto<:l lunds are available lor the period and purposa 01 the expenditure statad above. 3JGNA TURE OF N N&eHiCER /7-/ -3 ITEM > o CONTA.~CTOR o STATE AGENCY o DEPT, OF GEN, SER. o CONTROlLER o 90 "667 22 :s :24 25 :26 27 2S 29 33 :,1 Add",..:.. P.O. BOX 7~5 ~2 y, lJIL ),;p.~, r HHORJ:H. 9201 ~ :2 3 4 5 6 7 S 9 ]0 ]1 ]2 13 1~ 15 16 li lS ]9 20 21 ., .'- :~ 0' .'", :i :~, :9 "::1 41 .:; .t,:', u ~ 4~ ..: ~) " -I LS .:9 :,CI ~J ~': ,. ..' ~,~ " UERARY nJPJSDlCTION: > SOUTH CHULA VISTA LIERARY Lc&.J nUDe of libr..1)" lh,t ",ill openle lht Io-tr\'ia: Uj the blJildir'i Vb",')' Dirt-ctor Ntme: > ROSE'iARY LA1\E Tillt: .. LIBRARY DIRECTOR (619) 691-5167 Phone: > 365 "r" STREET Add,...., .. CHULA VISTA, CAL1fORNIA 91910 JJltmElt Contort Person: > DP.VlD PAU:ER Tille: .. ASSISTANT LJBRP.~Y DJRECTOR (619) 69]-5l70 Pbone: .. 365 "F" STREET Add,..55: > CHl'LA VISTA, U.l.1FORJilA 9]910 Vb",!")' Buildin& Consultonl: .. RAYI.:01\D H. HOLT (, ASSOCIATES (If IPplia.l>lt) Tille: .. LJ1'.RARY Bl1llDlJ,G COJiSl1LTA!'1 (6] 9) 755-7878 Phone: .. mhilH.t; .. JOE:; KI,T T 0); , UA J),C. lJrcnse #:': > C-] J 952 (f':O'";:::,r C:O:IHn.:nio:. 1.;.':l{c1 ~lj:;.Ht l. t':"~,cxj.a.1:1 r;HI~) Tille: .. 1'):11;CJPAL (6J9) 587..6665 Ilhonc:: t Aoor<""" 050 LA JOLLA \'JLHGE DR., STE ] 30 5P; IlJEGO, CI.LJrm:),]A 92122 Jr,1('rior Dc ~irntr: .. :':IIR51'.;,11 BO\'~; .. J ):URJ OR DESJ GHR. ]1;C. (lfli'l'liCil']r) 'Jitll': .. j>~;ISJ!)D\7 (6]9) 20)..2J71 l'!-JClnt: ... AOOr<'H:" 32 :i(l n rTH P.\'EH[ 5.L.1, j)][GO, CUlfOl,:,JA 92J03 ())TlC11.L l'/.'.lI: 01 ]'):0.11C1:, f(;:';!, Gnu. \'Jfl,. 11i;:!.i:Y Tim Nader ~ /7 /. Mayor = ~ h~'f 3 C~L II.. I ()l:'~ :' (11.';'.":-:'; ...~; S- o ..., o)u <=0) ",s- ...J'~ Cl >, s->, ",s- EE'" o)s- VI .<:l o'~ ex:...J ~ ~ ~ ~ '" <= .~ <= s-<= 0)'" ...,~ .~ 0- 0) ...J 4- o <(s- o ...,..., s- u 0) cu .os- o'~ ex: Cl 3 ": 5 6 i S 9 JO ]] J2 13 J4 ]S l6 ]i ]8 ]9 20 ':II :u :2.3 24 25 26 2i 28 29 :;~ 31 32 33 ?-l ;S >6 ;i ;8 -0 ,. ~~ q (2 13 " .... :5 :5 :7 ~-S (9 10 II ,2 CHAJ\GES IN PROJECT ThTORMATION Were Illele an)' cbanges in the proposed plojw information from that plo\idc.d during the pre-zpplication , 01 I prnious fPplicalion? Yes l!l No 0 If so, '-'ele changes made in In)' or the follo\\ing? Projec1 SqWlre Foouge ................."................... ~'es m No 0 Sun6;;ld Mellopoliun Sultistical AJu (SMSA) . . . . . . . . . . . . . . . . . . , . . . Yes 0 No [] Disunce 10 Ne.alesl Existing Public Libnry . . . . . . . . . . . . . . . . . . . . . ... . . ~'es 0 No EJ Square Miles in Plojec1 Scl\ice AJe.a .................. . . . . . . . . . , . ~'es 0 No [] Lihal)' Projec1's Scl\ice AJe.a ]99:) Population ..........,........... Yes ill No 0 Liblal)' Projec1's Scl\ice AJe.a U)]O Populalion ,...,................, Yes @ No 0 Age or exiSting public library building .......,.................... Yes 0 No () Date or IllOS1 recent Jeno\..lion or expansion or existing public libra!)' building ............................ Yes 0 No El Ekctronic lnIonm.tion Ddi"e!)' Units ............................ ::l'tS ill No 0 Mc.eling Room Space. . .". . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . ~'es 0 No [] PIOjC{'1 Budgel ............................................ :'!'<..\ l!l No 0 Neu1s Assessment .......................................... ::l'e.s ill No 0 elm,ging Concepts in Libl'll!)' Scl\ice .......................,.,.. ::l'e.s ill No 0 (This iLJ:mmtion "ill De Iltilil.c.d b)' Ihe S12te Libn!)' 10 1lf'd<1C Ibe projec1 6;;ub= ClUlc.d from lL~o,,,,,"ion prc;iously plO\idc.d during Ihe ple.rppliC<tion 01 zn urliellpplication,) omnu l\A..\IT Of PROJI:CT:. SOUTH (HULA VISTA lIE~ARY Tim Nader (,. .d /. Mayor ~ ~ Po., ( CSl..-t.4. rOLv., (1t~"":j 1-" o ..... Q)U t:Q) <01- -' '~ o >, 1->, <01- E<o Q)I- VI.o o'~ 0:: -' ~ ~ ~ '" t: '~ t: I-t: Q)<O .....~ '~o.. Q) -' 4- o <(I- o .......... I-U Q) Q) .DI- o'~ 0::0 " 3 ~ 5 " 7 8 9 10 11 12 13 1~ 15 16 17 18 19 20 21 22 23 2~ 25 26 27 2-8 :9 30 31 32 33 2-4 :5 :.;~ lYI'E or PUBLIC LIBRARY I'ROJECl [;: GROSS SQUARE rOOTAGE nTE or PROJECT: A) NewJluilding GROSS PROJECT !'QllARE FOOTAGE 37,032 .. SF E) Addition 6: Remodding 01 E'ilting Libra!)' Bldg, Cor: "fA SF .. "fA SF .. Ener!:)' Consen'Gtion Disllblt.d Access He.cJlh &. S.lel)' Yeii 0 No 0 Yeii 0 No 0 Yeii 0 No 0 C) Conversion (A.e:q~i.!.iljon of l Buildinr to convert ifllQ l public libr'"'f)' buildinr) IlfA SF .. 6: Remodding 01 Building lor: L. o +' Q)U <::Q) "'L. -' .~ Cl >, L.>, '" L. E'" Q)L. v>.a o.~ "" -' Ener!:)' Consen'ation Dis.blt.d Access He>.Jtl, &. S.fet)' Yeii 0 No D Yeii 0 No 0 Yeii 0 No D D) Remoot1ing 01 ru'ting Ubf1'.f)' Building for-. .. "fA SF En"D" Conscn'alion Di,,,bJed A=~s Hc-<l1h &. S,fcly Yt$D NoD Yu 0 No D Yu 0 No 0 SF ~ ~ ~ 0> <:: .~ <:: L. <:: Q)", +'~ .~C>. Q) -' ..... 0 c(L. sr 0 +' +' L. U OJ OJ .aL. o.~ "" Cl E) Remrdtlinr for Shlhing [" Built.in Djuil'ment: (Fo~ prr.jul' "111, It.i~ Hli'.il)' o~''''') ':/ A .. :; 3S :~ MULTll'n,POSE PROJECTS: J:!A ~2 Spc.cify oli.C! U-,e, of mul1ipurrose I,uilding: > _ ~~ ~ .:..~ .:) ~I ~G : I ~ ~; lJ H.c prC'jCC1 ,,1'0 a mul1irurrosc building? Ye,D Noill "9 CtTFJ'J:!','T GROSS SQl1/J'J: rOOTAGE: :,0 ~J n,c currer" pm' squo'c 100tLfC of 11.e niqing rul,lie lih:.!)'(') t,eing rcr1"ccd is: ~,2 ~J " ,- > 2.570 (l~ It.rH .h r,C\ C\i!:i~,t fHilit)", U,lcr "(q OlTJCl~.L ~A',l[ or I'HOJI:CT: > Tim Nade:..r :--;1;~ Mayor' -' SOrTH CE\'LA "J SU LHnl.);)' J'lfl ~ CSL-1;1., H)}~\~ 2 (11'1">-:) J '2 3 ~ Fe: 11.c rUrrD~e~ of \},i!- ~c.clionl -(']u!Jtlnir irlr0nn"lion Gdi\'C'J)' \'ni~. mum. wmpulo lC'mdm:tl., CD.ROM JUQCT:" rr,;C1n~.omT'll1C'n. C0:11pUICJ prirllo1, pl,{)1nC0ry mGc}dr,{'~, f2c-imilr ma}dnt.~, rniniro:7lpUlrn., ..."J~j{l.\.i!-llt;l Jjqndrlf OJ \ir,~:;r:r crdL", rr,IClofc'nTI lc<.orn. c:nd Jc<d(J/pjjr.trr~1 1nD 1.:IfjiLl., ocr....,-,lir,); ~cll'l1i1{. dis.llt...(" ~nd CATV Tiiorjiw;'/wrjcr~ (kci~I(.6 10r \)IC ~\.(. of HIC' put/lie. S,.-:-:id h-,rp-..,_~( Vr.i1s (p1"O'."i:lt tor boll, lUn end public w.~.) :'J Cro Culo[ Ur,i15 . . ... .. . . . . . . ........ ................... . . . . . ...... . :'2 :'; WorL<121ion; fOl 11,(" Di;cl,lul (11)D' CIC.) .................................. . " ,... :'5 0:1." (5r.uif)'; 'TYT'EFf:J TEF:S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . ., . :,5 0:),0 (5puif)'; H~H(-CTl\'E )......................................... :i :s :Y . Ttlcwr.,mur,ic<\ion DC\ice lor 11,(" DC2f (TDD) ~J lJ ~') I:lt-nronir )nr'lrr:Jrtinn Dtlin'f)" Units: (rl!l'lic \L"C' t:TdL\ only.) " ..' .. ~ l) ., '.' :.i L ~: ~9 ~:l ~ J J9 J6 33 ~/A 20 B 6 12 '- 5 0 +-' "'u C::'" "''- 2 -' .~ 0 ~>-, 7 ",,- E '" '" '- III .0 o.~ O::...J 2 !~ II-. 9 ~ ? ~ ~ 1\t.'mh~r (If \lnlH J'l..'r.lk'J of l'1u1ronic infnnnG.lion ocli\'('ry l.'r.ill OC,jicclC..d to r,~ll1ic 1l.1.C 10 he lIOU\LO in tlle ]llClpn!-cd f'H'jr.rt, LTIO ~f'"...-ifl(.d in 1llt P~{)j(',C1'~ l,\.dlditlf f'10f1e:ITJ HIe' 1l]mj~lJirlp ~nd tStl:rmcTlt 1ludl'n: " . O;-jJCI!,L ~,I,M[ or }'}W.1[(,:. ~()l'Tli rEl'H. \'J ~'jJ, 1 H J~:.t~Y Tim Nader Mayor ~/ r ~- 72 VrjiL' J'l.;C )f, CSl.,.}.t, lC11:'.:: (ll'~~:<'J 0> c:: .~ c:: '- c:: "'''' +-'~ .~ a. '" ...J 4- o cI:'- o +-'+-' '- U "'''' .0 '- o.~ 0::0 , I 2 3 4 ; 6 i 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 2( 27 2.8 29 30 31 ][ <{1ropo'ccl projcct p1mid"" los, parwnE Ih2n 1.5 SF of P2y)jY'E spoce 10 1 SF of buildinE 'poce, pro,ide jusliflczlion of why Ihe library r,eul..\ less par)jnE: Project does not provide less than the minimum parking required, Silt Dtscription - ~ The lotal 'quare foouEe of the librar)' site should equolthe square foo12Ee shown in 1 thrpugh i belo\\': I- o ...., Q)U <:: Q) '" I- -' .~ Cl ~>, "'l- E'" Q)I- "'.0 o.~ a:: -' (lf the project ~ 1 I:'"!Ullipurp:x.e- l-lolildinr. compklt Hili IoeClion ont)' for the li~:C:I)' JXlrtiOD of the project) (H lllt project i.! I.n iddiliofJ to In c:61inr JibrcT)'. complete thi! ..eclior. for the cnlin lilt, i,e., the c:x:istint lilt phn In)' fiN":;' acquired lend.) 32 1. PROPOSED LTBRARY BUILDllW FOOTPRINT' :'3 :,4 2. PROPOSED LIBRARY PARKlNG LOT 35 :'" 3. FUJl.JRE LIBRARY EXPAJ,SJON OF BUILDJl\G" :7 :,8 4. FUTURE LlBRARY EXPANSJON OF PARKJI'IG" :'9 L) 5. REQUJRED LOCAL ZONH\G SET.BACKS 41 42 6. DESIRED AESTHETIC SET.BACl0 6:. A\\El'lmES ~~ .. ~7.(l,7 .. 75,730 .. 10,000 .. 3~, {50 .. ,n.o,., ~ 30,600 ~ 57,289 .. 279.336 L.1 i. MlSCELLA',EOUS 6:. l1l\LJSABLE SPACE ~) I." TOTAL SQUARE FOOTAGE OF LTBRARY rROJECT SITE: ':"7 ~S ~9 "Footprint' muom Ihe square foo12fe of surf>.cc m:" of n,e site 1I,2t llie t>uildinr oxupics. ~[) ~I Sf Sf ~ Sf'j Sf ~ Sf :\ Sf Sf ~f 01 <:: <:: I- <:: Q) '" ....,~ .~ c- Q) -' 4- o ~2 .. If o:pcmion fOl H,e r.uiJdint or p2TlJnr \l,~1I nOl u:l:e 2ddjljon~1 ~f't;ce on the ~il{,. rl~~c {'>:ple.in mutlod to k- u..\c.d: ~, " ." On-ICl1.L l\/.!,l[ or J'l:OJ[C1: ~ Tim Nader -r- M Mayo r ==-'-"-' .//1.-- ~()P!H n~n_-'1 \'1 ~T;~ 1 J !,FJ'.f-Y CSL-l'.lm:\~' (tt'l'Y;'J '( '..~ Ptrl' 2' , ~I- o ....,...., I-U Q) Q) .01- o.~ a:: Cl ~ I 2 3 4 u'Tiinr Wi,al is the currenl zoning classilic:<llion 01 H,e site? .. R-2 6 7 8 9 lO 1] 12 13 14 15 16 17 18 ]9 20 2] 22 23 24 25 26 27 2S 29 33 3J 32 :.3 Will Ihe site have 10 be rewnw 10 build the project? Yes 0 1'00 ,Will a variance be IleedW 10 build Ihe projw? Yes 0 1'00 If so, v,hen can the variance be obtainw? .. "fA (Dale) Solar OritrJaJwn Will Ihe orientation 01 the site and placement ollhe building on Ihe site allow solar access horn a westerl)' direction imo Ihe Iibra!)' buildinI; Ihrough "indol\~ or doon? Yes 0 NoD If yes, how will lhis problem be addressw: (] Fenestration ~ith ~esterly orientation is mitigated by deeply recessed glazed openings. This detail provides integrated sun screening from direct heat gain. Tor.:JrrrJnh" , C 01- 41 L <:: Q '" .. ...J .~ C >., '- > '" , E"' 41' '" .c o'~ O::...J Describe Ihe reneral lopogr'phy ollhe site. ls the Site renerall)' level or will it require e)~ellSjve rourh padinr? Prolide eslimates on Ibe amount .nd COSI 01 cut and fill Ihal ma)' be Duessa!)'; Sile if; generally leVEl ,dth a 5light slope from north to south of appro>:imately ] ',,0" pEr 200'..0" of length. . . .'-" 35 ~. ~' ~ \\! " .'J '37 3S 39 ~J ~J Hwa lopopapl,iu,1 surw)' I'un complC'lul? Yes 0 1\00 Dr 0 i....n r-; ., -. 43 (J'r(T.idt ror rt~,~rJjr'r rroje':l~ ~ "''tI1.) 45 1< IJ.c sit< in the lOJ Ywr Flood Plair,? ~.~ Ye.<O rID \0 .. Yc.<O NoD YcsO )'0 EJ 0> <:: .~ <:: '- <:: Q! '" ....,~ '~o.. Q! ...J 4- o ct:'- o ....,...., '-u Q!Q! .0'- o.~ 0:: Cl "::i Do 2ny \1.:;:;10 c.oun.c.~ dndn onto 1tlC- ~jlC wtdch require cor,lrol? ,< -.' -<9 D0 L.ny \;'~lCJ (-Dun.e!' dr;.in off Illt ~jt{' \\'},jrtl rcquir(' ror.aol? ~J ~) ls th( ~10T1Tl ~{'\l.'CJ ~)~1C'm f;CcqUj,1C to pJC\'Cnl )or.:::liz.c.{t n:lo~inr of the ~ilC during irl!('mc ~lOrm!l"! )'f-~ UJ }'oD ~~ OTT1CIAll\A\1I:Or]'IW,1[CT:. SOl'TH r~ru, \'lSTA 1J!iT'J.n Tim Nader r-- /J./ . Mayor - L:...../ ~ J'q'(' ,~; CH....L.l. J(.}:'~; (It'.l.':-:'J 1 2 VtiliJies 3 4 Describe utilities availabilit)' and associated costs if any utilities are not currently located v.ithin 100 feet of a propeny ; line of the site: 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 3S 35 37 38 39 ~J <1 C o 4-1 <S ~5 ~7 ~8 ~9 ~O ~1 ~2 53 ~4 ~5 ~6 57 ~,8 59 (.:1 61 62 (All ort.,jtt C06U beyond 100 (oot utility tie.iN I~ lea,l ineJiEib1c c:pense&, but shall be idcotirted and included in the budEcl utimite under ineli[iblc ,ite development Cll)S.Ls.) Electricity Yes [X] No 0 Yes [i] No 0 Yes [X] No 0 Yes [i] No 0 Yes [i] No 0 Yes [X] No 0 Yes [X] No 0 Cos! to 1l nor Seniee to Site ~ S N/A ~ S N/A ~ S N/A ~ S N/A ~ S N/A ~ S N/A ~ S N/A UliIit\' A\'sllsbllitv Telephone Gas Db!e TV Storm Sewer Sanitary Sewer Water Sue Dlwummcn! Costs Elirihle Utilities ....................................... ~ S 55,220 Cut, Fill & Rough Grading Special Foundation Support (pilinp tIC.) P.'ing, curbs, gullCts & ~ide",'.Jks . . . . . . . . . . . . . . . . . . . . . . RCLGining W.lIs .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L2ndsc<ping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sign age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lighting ....................................... Removal of underground I2nl:s . . . . . . . . . . . . . . . . . . . . . . . . Removal of lOxic materials. . . . . . . . . . . . . . . . .. . . . . . . . . . Rocl: removal ................................... Other (Sped f\') Site features (Bike ~ General conditions, rack, flagpole, etc.) etc. . Off site work TOTAL SITEDEVELOPMEI'-'T COSTS: ~ S 68,097 N/A ~ S ~ S 290.798 .. S N/A .. S 482.039 .. S 8.096 .. S 30.9JO .. S N/A .. S N/A .. S N/A .. S 79,712 129,869 .. S .51,139,741 OfnC1AL I'A\IE Of Pl:O,lECT:.. SOl1TH CP.l1LA VISTA LIBRARY ~~~o~ader [:, l#~-t- / :';:." Inelirihle .. S .. S .. S .. S .. S .. S . S .. 5 .. 5 .. 5 .. S .. S .. S 262,217.00 .. S 262,2]7.00 Peg, 33 CS~K" 1'01"1 2 (ll'lm) -.f. I- o +' OJU C OJ '" I- -' .~ o >, 1->, '" l- E '" OJ l- v> .0 o.~ "" -' ~ ~ ~ ~i.:. '~ i '" c .~ C I- C OJ '" +'~ .~ "'- OJ -' 4- o ""I- o +' +' I- U OJ OJ .0 I- o.~ 0::0 ell Ie! of ~ ~ ~ ~ ) 2 3 ~ 5 , I E 9 10 1] 12 13 14 15 16 17 1E 19 20 2] 22 23 2-< },fi..rr'p.:rinr CirCLJrr.<;:fcr..!'"C't: H thert 2ft F'JobJcm.<. ~.ilt. tIle ptOro~ed sile, v..llct mitip:,inr c1rCUms.H::nces It-55-cn tlu: Tlrfi:ti\'c impect? Dt.~cribc the propDsed de.sj~n !.olulions which modera1!: the site!. drc:wb4:C):.s. f'ro\ide infomu.lion on cltcrnc.livc ,iles considot.d, and why \f,e propo,ed sile is 1I,e Pc'1 lo::.olioTl for a rublic Iitror)' in Ihe ,mice 2rc.2: The Gite is very suitable for a library. There are no Ilra",backG to the site that . are kno"~ at this time. Adequate acreage for proposed library, landscaping, and on site parking which exceeds the state iormula standnrd. 2S 26 27 2Z 29 33 31 32 33 :;.4 35 ~'J 37 '0 JY ~J LJ 1c L3 1.-' l'ifu.o":t-';CJrd: Pro\1ck ptlolopcphs ,~md/or C! video upe of the ~ile ~nd ~unOlmdinr 2Je.2. Show sf\'cr.cl \if'w~ of tl,t' file ~nd t 359 ccpu pcnpe.cti\'e uound II,e site of If,e sUTTour,dir'g building'. Lobtl oil pl,olorrar'" ond ,idw lOpes "ill, It,e r.,me c,f It,e apphcor,l ond rrojul. Monr: Pro,ide 0 mor !t,o"'inf ll,~ 10:Glion of the popo,edlibm)' sile!n lhe ~mmunil)'. Thi! ~2p (or. H,olhcr \lith 2 121ft! !CGJe) .kll L,Ow n,e !tT\1ce cre<: of Ihe propo,ed proJul, and if f.o'S1bJe, the ne<:rcst CXl!lllig 1M2!)' (olkr Ih,n It,e ont {ltmf: JtplGce6). PROJECT TIMETABLE ho','idt ll,t li!;'.01,],1e for tl,e proPO!ed ploju!. Show enim,lul 6,lC, of complelion, 2! wtlJ 2.! oclu,1 C{)JTtj;l~ lion: .t.5 .t.'j ':'j' ...: ~: 10 ~ :' ~ J " ll',ILl/JlU:: DATI: rf'.brUCir)' 5, 1991 ~jlt Pl'Tc},.2.!-(/L(...::..(,(' J...,pc-.cTncnt Excrutw ~ ~ !~O\'€mbfT 30, ]992 Jonuary ] 8, J 993 Sel,t r;,<:lic rJ~rl~ l:. Co~t Eqim;'lC ,- 6"'\ D( ~jrr. D~ \'c1C'lj"rrJcTlt rJcn~ l:. CO~l EqimalC ~ ,. .- ~~ :- ~, ~7 :~ ~ ~' (.) (J (c c:; (~ (! ( .~. (., {.5 !epr;] 30, J993 \\'(liLirJr Dlr-.:.ir,p l.: FinGl Con Eqimt:l(, ~ AucuSI 30, J993 S~T1 of Conqn.:rtion . No\,pmber J5. 199" ec-''''I,}cti(ln ("If COJlqrL1Clion ~ C.<Ja'ha' tlle T,lTI1.C'l of tnQT11115- flOm ,llC' lolOTJll1 of 'j;'1icctioTJ ~r,ljl1llc uljm~lc.d Herl of (.():-I~lTurli()n: -;n.~ M[l:illl!- ~ Dl\:uli::1C" 1l!( f,l'rTillC'J {)f r:"W'llll~ fot ,llC' r("lfl~1Turli0n of lll!" pi (ljC.CI hmn ~lHl to fird~h: H. }.~[I;ll ~I~ . (I]TICI/,L ~;/,',l[ or 1'IWJITT:. Tim Nader r;;--/l "f Mayor ......j~/lc. ~'r\:'Ji~ r~;nJ. \': ~ 1!, 11 nJ 1~J' )'1;'1 :~ C~L.l.l.. J('L'~' (l 1.'1 r<,! S- o +' Q)U <= Q) '" S- -' .~ Cl >, S->, ",S- E'" Q)S- "'.0 O.~ ex: -' 0> <= <= S- <= Q)'" +' ~ .~ C- Q) -' ..... o <(S- o +' +' S-U Q) Q) .0 S- o.~ ex: Cl COUNCIL AGENDA STATEMENT ITEM I 7 MEETING DATE 12/8/92 Resolution I~ 9.:<3 approving changes to the application for Proposition 85 grant funds, certifying the amended project budget in the application for funds available from the California Library Construction and Renovation Bond Act for the construction of a new library at orange and Fourth Avenues; committing the City's matching funds; certifying the city's ability to finance the supplemental funds necessary to complete the project in a timely manner; certifying the local matching and supplemental funds will be available when needed to meet the project's cash flow requirements; certifying the accuracy and truthfulness of all information contained in the application form; committing to operate the completed facility and provide direct public library service. SUBMITTED BY: Library Director~ REVIEWED BY: City Manage~ ITEM TITLE: (4/5ths Vote: Yes___No-X-) The architectural firm of LPA, Inc. in conjunction with the design architect, Ricardo Legorreta, prepared a conceptual plan for the South Chula vista Library which was presented to the public and Council on September 10, 1992 as well as subsequentially to various boards and commissions. (ATTACHMENT A). It was necessary that the California State Library approve these new conceptual plans because they differ from the original plan prepared by the firm of Wheeler, Wimer, Blackman as part of the City's Proposition 85 grant application. The State Librarian informally reviewed the origina~ LPA/Legorreta (September 10, 1992) plans and made a number of critical comments. In response to those comments, a revised plan was prepared and sent again to him for his informal review. (ATTACHMENT B) He has indicated his support of these revised plans, but also requires a new resolution. (ATTACHMENT C) These revised plans are available for inspection in the Library Administration Office at 365 F Street between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: Preliminary revised conceptual plans were reviewed by the Library Board of Trustees in a joint session with city Council on September 10, 1992, by the Parks and Recreation commission on September 17, 1992, and by the Montgomery Planning commission on October 7, 1992. No formal actions were taken at the above meetings. In general, comments were favorable. 17-1 ITEM MEETING DATE: )7 , PAGE 2 12/8/92 Minutes are attached (ATTACHMENT D). The Library Board of Trustees will review the latest LPAjLegorreta plans on December 9, 1992. BACKGROUND: On February 15, 1991 the city of Chula vista made final application for funds available from the California Library Construction and Renovation Bond Act for the construction of a new library at orange and Fourth Avenues. Prior to submitting the final application, the city Council approved a resolution on February 5, 1991 certifying the proj ect budget, commi tting the project's matching funds; certifying the city's ability to finance the supplemental funds necessary to complete the project; certifying the local matching and supplemental funds will be available when needed to meet the project's cash flow requirements, certifying the accuracy and truthfulness of all information contained in the application; and committing to operate the completed facility. On April 23, 1991 the California Library Construction and Renovation Bond Board approved state funds in the amount of $6,747,528 for the South Chula vista Library project, (grant award P85-032). On September 24, 1991 the city Council approved an agreement with the California State Library to accept the grant. Following a six month selection process, the Council approved a contractual agreement with LPA, Inc. for architectural services on June 9, 1992. DISCUSSION: Since the award of the contract, Principal Architect John Mattox, from LPA, Inc., and Design Architect Ricardo Legorreta have been working with Library staff on the design for the new South Chula vista Library. During September and October the preliminary designs were shown to the city Council, various boards and commissions, and the general public. At the same time, staff members from Planning, Building and Housing, Engineering, Public Works, Parks and Recreation, Police and Fire Departments also were reviewing the plans. Concurrently, the preliminary plans were sent to the California State Librarian for his review and approval, as required by the City's contract to accept the grant. By early November, comments had been received from both the City's Planning Department and the State Library. The State Librarian wished to locate the front door in relationship to the bulk of the parking to the east. In response to these comments, the design team quickly repositioned the primary entrance from the south side of the building to the east side, directly adjacent to the majority of the parking places. Centralizing the entrance also made some internal spaces more accessible to the main entrance. The State Librarian also suggested that the circulation desk should be more centrally located for more efficient transportation of materials and to be closer to the adult collection. The relocation of the reference desk was recommended to be placed more central to the adult collection and closer to the non fiction adult collection 17~ ITEM ~, PAGE 3 MEETING DATE: 12/8/92 so librarians could help patrons more easily. The elongated shape of the building was considered undesirable and the problem would be exacerbated by new additions to the building toward the east. The design team has addressed all of the above issues on the floor plan of Attachment B. None of the design features shown to the public in September and October have been eliminated. The building continues to draw upon the hacienda concept, with internal courtyards, vaulted ceilings, and medium height towers. The internal rearrangement of spaces to accommodate the repositioned main door actually improved the visibility of all public functions, the sight lines from public service desks for security purposes, as well as the work flow in and around the circulation area. The building is also now more compact. On October 18, 1992 a formal conceptual plan submittal was made to the California State Library. The submittal included a site plan, floor plan, elevations and two sectional drawings. Also included was a detailed cost estimate (ATTACHMENT D) and a revised Application For California Library Construction and Renovation Bond Act Funds incorporating the following changes (ATTACHMENT E): Page 3, line 36 - 43: The name of the architect has changed from Richard Blackman to John Mattox. Page 4, line 15: The box is now marked "yes" indicating that the project's square footage has changed since the previous application. Page 5, line 7: The square footage has changed from 35,000 to 37,032. Page 18, lines 7, 9, 13, and 52: A re-assessment of the number of microcomputers and CD Rom readers needed has added 13 more units. Changing technology has also added other more powerful terminals, self check-out units, aids for the deaf and a down-link satellite. Page 27, lines 32 and 46: The proposed building footprint has changed from 35,000 sf to 37,032 sf while the miscellaneous and unusable space has decreased proportionally. Page 28, lines 15 19: The box is now marked "yes" indicating that the plan now shows solar access from a westerly direction and there is now a response as to how that problem will be addressed. Page 33, lines 32 - 57: Although the components of the new site development costs have changed, the total cost remains the same. /,/,3 ITEM ~, PAGE 4 MEETING DATE: 12/8/92 Page 34, lines 51 - 59: The project timetable has been adjusted to reflect current schedule. Except for the change in architects, probably the most dramatic application change is in the project's square footage. After extensive work with the architects and the project's interior designer, it has become necessary to increase the size of the building from 35,000 sf to 37,032 sf in order to properly accommodate all elements called for in the project's building program and those desired by the design team. The design team was instructed that any square footage increase could not cause an increase in the construction cost. The new cost estimate bears out the team's contention that the simplicity of Ricardo Legorreta's structural design allows the project to grow in size, without impacting the construction costs. Therefore, the project's budget remains unchanged. Special attention has also been made to insure that the increased square footage will require no additional public service staff. On November 19, 1992 the City received a letter from the California State Librarian, Gary Strong, indicating that he had approved the new conceptual plan. His approval, however, is contingent upon the following: "Receipt of a resolution certifying the project budget, the local funding commitment, supplemental funds and approval of the application change. The governing body, [City council] of the applicant [Chula vista Public Library] shall certify by resolution the following: (a) Approval of the application change, (b) The project budget, (c) The commitment of local matching funds, (d) The applicant's ability to finance the supplemental funds necessary to complete the project in a timely manner, (e) That local matching and supplemental funds will be available when needed to meet the project's cash flow requirements, (f) The accuracy and truthfulness of all information contained in the amended application form, and (g) The commitment to operate the completed facility and provide direct public library service." /7- t/ ITEM I ? MEETING DATE: , PAGE 5 12/8/92 This certification by resolution is similar to the one required to apply for the grant and approved by the City Council on February 5, 1991. The state Librarian also stated, "construction must begin no later than August 30, 1993." In order to maintain this very tight deadline to begin construction by August 30, 1993, the designs in your packet (ATTACHMENT B) will be submitted to the state Librarian by next week. It is the intent of City staff and the Design Team to meet with the City Council in the near future to review on-going design development, including color selection and renderings. FISCAL IMPACT: The project's total eligible costs remain unchanged at $10,380,813. The grant will continue to provide a 65% match of $6,747,528 while the City will continue to provide a 35% local match totaling $3,633,285. Of the local match, $1,865,000 was community Development Block Grant funds for the site acquisition. The remaining $1,768,285 of the eligible local match, as well as ineligible costs will be covered by Development Impact Fees and credits, community Development Block Grant funds and Residential Construction Tax. 1/- > /17-' -- RESOLUTION NO. /~ 1o?3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE APPLICATION FOR PROPOSITION 85 GRANT FUNDS, CERTIFYING THE AMENDED PROJECT BUDGET IN THE APPLICATION FOR FUNDS AVAILABLE FROM THE CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT FOR THE CONSTRUCTION OF A NEW LIBRARY AT ORANGE AND FOURTH AVENUES; COMMITTING THE CITY'S MATCHING FUNDS; CERTIFYING THE CITY'S ABILITY TO FINANCE THE SUPPLEMENTAL FUNDS NECESSARY TO COMPLETE THE PROJECT IN A TIMELY MANNER; CERTIFYING THE LOCAL MATCHING AND SUPPLEMENTAL FUNDS WILL BE AVAILABLE WHEN NEEDED TO MEET THE PROJECT'S CASH FLOW REQUIREMENTS; CERTIFYING THE ACCURACY AND TRUTHFULNESS OF ALL INFORMATION CONTAINED IN THE APPLICATION FORM; COMMITTING TO OPERATE THE COMPLETED FACILITY AND PROVIDE DIRECT PUBLIC LIBRARY SERVICE WHEREAS, the architectural firm of LPA, Inc. in conjunction with the design architect, Ricardo Legorreta, has finalized a new conceptual plan for the South Chula vista Library; and WHEREAS, it is necessary that the California State Library approve these new conceptual plans because they differ from the original plan as part of the City'S Proposition 85 grant application; and WHEREAS, the State Librarian has informed the City that he has approved the new plans, but requires a new supporting resolution from the city Council. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby order, determine and resolve as follows: 1. Approve changes to the application for Proposition 85 grant funds. 2. Certify the amended project budget in the application for funds available from the California Library construction and Renovation Bond Act for the construction of a new library at orange and Fourth Avenues. 3. Commi t the city's matching funds and certify the 1 17-7 City's ability to finance the supplemental funds necessary to complete the project in a timely manner. 4. certify that the local matching and supplemental funds will be available when needed to meet the project's cash flow requirements. 5. Certify the accuracy and truthfulness of all information contained in the application form. 6. Commit to operate the completed facility and provide direct public library service. Presented by Rosemary Lane, Library Director P:homelauomeylProp85 2 /?~V COUNCIL AGENDA STATEMENT ITEM: MEETING DATE: 12/8/92 ;8"" ITEM TITLE: Report: Update regarding funding for the Nature Interpretive Center and a Lease, Loan and Operating Agreement between the Bayfront Conservancy Trust, ~ and Redevelopment Agency SUBMITTED BY: Deputy City Manager Thomson JJ REVIEWED BY: City Manager ~ (4/5ths Vote: No-X- Yes___) At its June 30, 1992 meeting, the City Council considered and approved the attached report regarding funding for the Nature Interpretive Center (NIC) and the relationship of the Bayfront Conservancy Trust (BCT) to the City and Redeve lopment Agency. One of the recommendat ions approved in the June 1992 report was that half of the FY 1992-93 budget for the BCT/NIC be frozen until such time as Council approves unfreezing the remaining half of the budget based on sat i sfactory progress being made in address ing the issues ra i sed in the report, particularly items A and B listed below in the Discussion section. As described further below, significant progress has been made in addressing the issues identified in the June 30, 1992 report. The BCT Board of Directors and the Executive Director of the BCT have both done everything they could, in good faith, to address those issues in cooperation with the City and Redevelopment Agency. To the extent that some of the issues have not yet been completely resolved, it is because of elements beyond the BCT's control. Since the previous freeze on half of the BCT's FY 1992-93 budget only provides funding to operate the NIC through the end of December 1992, City staff recommends that an additional one quarter of the BCT's budget be unfrozen to allow funding through March 1993 and provide adequate time to resolve the remaining issues. RECOMMENDATION: That Council unfreeze one quarter of the FY 1992-93 BCT/NIC budget to provide funding through March 31, 1993. BOARDS/COMMISSIONS RECOMMENDATION: The BCT Board of Directors, at its July 25, 1992 meeting, approved (6-0) g1vlng the City Council the power to ratify or disapprove any changes or amendments to the BCT Articles of Incorporation and By-Laws. Counci 1 had requested this amendment as indicated in item A below. At its November 24, 1992 meeting, the BCT Board of Directors approved the following (5-0): giving conceptual approval of the attached outline of the Lease, Loan & Operating Agreement; authorizing the Executive Director of the BCT to continue working with City staff on completing the agreement; recommending that the City Council unfreeze three months of the BCT's FY 1992-93 budget (through March 1993) to provide adequate time to complete the agreement; and recommending that Council lift the freeze completely when the agreement is approved. The BCT Board further emphasized that the BCT had exercised due diligence in attempting to comp lete the agreement and the reasons the agreement had not yet been completed were beyond their control. Attached are copies of the minutes of the November 24 meeting. 18"/ PAGE 2, ITEM: MEETING DATE: I~ 12/8/92 DISCUSSION: Attached to this report is a copy of the previously referenced June 30, 1992 Council report, which provides substantial background and history of the BCT and NIC and outlines the major issues and concerns of the City and Redevelopment Agency. The recommendations in the report were approved by the City Council and included the following: A. Request that the BCT Board of Directors, at its July 25 meeting, amend its Articles of Incorporation and By-Laws to give the Chula Vista City Council the power to ratify or disapprove any changes or amendments to the Articles and By-Laws. B. Direct staff to prepare a Lease, Loan, and Operating Agreement with the provisions outlined in the June report, for subsequent consideration by the City Council, Redevelopment Agency, and BCT Board of Directors. C. Request that the Redevelopment Agency further consider the funding alternatives listed in the June report, in the context of negotiations with the Bayfront developer. D. Direct staff to "freeze" half of the FY 1992-93 budget for the BCT/NIC until such time as the Council approves the unfreezing of the remainder of the FY 1992-93 BCT/NIC budget. As indicated on the previous page, the BCT Board of Directors at its July 25 meeting took the action requested by the City in item A above. Regarding item B above, staff from the City Manager's office, City Attorney's office, Finance Department and Community Development Department have been working with the Executive Director of the BCT on the development of a new Lease, Loan and Operating Agreement between the BCT, City and Redevelopment Agency. Attached to this report as Exhibit A is a table which highlights the provisions in the draft proposed agreement compared to the current lease agreement, cooperation agreement, and current practice. At its November 24 meeting, the BCT Board gave conceptual approval to the agreement as outl ined in the attached table and authorized the Executive Director of the BCT to continue working with City staff to complete the agreement. The major issues still under discussion relate to potential future funding sources to pay for the NIC's on-going operations and maintenance as well as to address the rent and repayment of existing loans. Regarding item C above, staff is further reviewing issues related to the formation of a Bayfront Assessment District. The funding issues also need to be further considered by the Redevelopment Agency in the context of negotiations with the Bayfront developer and recent discussions with the Port District. In addition, the BCT is actively considering instituting admission charges and has recently instituted tour group charges. Once these financial items are more fully resolved, staff plans to present a proposed Lease, Loan and Operating Agreement to the BCT Board of Directors in I r- ' ,;l. PAGE 3, ITEM: MEETING DATE: /~ 1218/92 January or March. Since the BCT/NIC will technically be out of money on January I, 1993, staff is therefore recommending that Council unfreeze a portion of the BCT budget, through March 31, 1993, to allow adequate time to complete the agreement and yet keep an incentive for the BCT to act on this matter in a timely fashion. FISCAL IMPACT: One quarter of the FY 1992-93 budget already appropriated by the City Counc i1 for the BCT /NIC is recommended to be unfrozen. Since the approved FY 1992-93 budget is $446,370, one quarter of that amount is $111,592.50. The majority of the budgeted amount is being loaned to the BCT by the City and Redevelopment Agency. /?,'3 / If- if lj ~ Q, Ii: ~ B 15 ~ W ! W ! Ii: W ! :) (.) 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CJ ::I ~ /y-/ EXHIBIT A, PAGE 3 OF 3 l'l ::,;'\ ~ EXHIBIT B, PAGE 1 OF 8 COUNCIL AGENDA STATEMENT ITEM: ~~ MEETING DATE:~ ITEM TITLE: Report regarding funding for the Nature Interpretive Center and the relationship of the Bayfront Conservancy Trust to the City and Redevelopment Agency Deputy City Manager Thomson ~ City Manager~ (4/5ths Vote: NO-K-.Yes___) At the Council budget review meetings held on May 21 and May 28, 1992, Council raised a number of questions regarding the funding for the Nature Interpretive Center (NIC) and the relationship of the Bayfront Conservancy Trust (BCT) with the City and the Redevelopment Agency. These issues included the source of funding for the Nature Interpretive Center, loans made to the BCT by the City and Redevelopment Agency, methods for the BCT to repay those loans, taxing authority for a benefit assessment district, operating and budget controls over the NIC, hiring authority and supervision of the NIC staff, and month to month approval of the BCT/NIC budget and/or lease until these issues have been addressed. SUBMITTED BY: REVIEWED BY: These issues have been reviewed by staff, including the City Attorney, Finance Director, Community Development Director, and Executive Director of the BCT, and are discussed in the body of this report. RECOMMENDATION: That Council: 1. Direct staff to prepare a Lease, Loan, and Operating Agreement with the provisions outlined in this report, for subsequent consideration by the City Council, Redevelopment Agency, and BCT Board of Directors. 2. Request that the Redevelopment Agency further consider the funding alternatives listed in this report, in the context of negotiations with the Bayfront developer. 3. Approve in concept the use of about $200,000 of the proposed Ka i ser development agreement fund as an interim step toward obtaining funding for the BCT. 4. Request that the BCT Board of Directors, at its July 25 meeting, amend its Articles of Incorporation and By-Laws to give the Chula Vista City Council the power to ratify or disapprove any changes or amendments to the Articles and By-Laws. 5. Direct staff to "freeze" half of the FY 1992-93 budget for the BCT /NIC until such time as the Council approves the unfreezing of the remainder of the FY 1992-93 BCT/NIC budget. ~ /8"..-Y"' EXHIBIT B, PAGE 2 OF 8 PAGE 2, ITEM: ~:2.. MEETING DATE:=Q6/30/92 BOARDS/COMMISSIONS RECOMMENDATION: These issues will be discussed further with the BCT Board of Directors after Council considers the above recommendations and provides any additional policy direction to staff. The BCT Board, at its May 26, 1992 meetin9, unanimously approved in concept the above recommendation #4. DISCUSSION: A. BACKGROUND AND HISTORY The concept for establ ishing the Bayfront Conservancy Trust and the Nature Interpretive Center was developed during preparation of the Local Coastal Plan for Chula Vista. The Articles of Incorporation and the By-Laws were drafted in 1985 with the ass i stance of the Ca 1 iforn i a Coasta 1 Conservancy. The Art ic les and By-Laws were accepted by the Redevelopment Agency in August 1985 and were formally adopted in October 1986 by the BCT Board of Directors, which had been appointed in early 1986. As stated in the Articles, the specific purposes of the BCT include: preserving land for scientific, ecological, recreational, scenic, and open space opportunities; engaging in the restoration, enhancement and preservation of the Sweetwater Marsh complex; receiving and holding dedications of land; and increasing public knowledge of and support for a natural resource conservat ion. The BCT I S organizat iona 1 structure, goa 1 s and object ives were included in section 19.88.5 of the Local Coastal Plan/Bayfront Specific Plan as amended in November 1986. In January 1987, the City Council approved a Cooperation Agreement between the City and the BCT. This Cooperation Agreement provides that the BCT staff will be City employees with the City Manager being responsible for the hiring and termination of the employees; the BCT will advise the City Manager as to their performance and may make recommendations as to hiring and termination of services. All City costs for such employees are to be charged to the BCT. The initial BCT staff were hired by the City in early 1987. The Cooperation Agreement is for an indefinite period of time, but can be terminated without cause upon 30 days notice by either party. This contract is currently still in effect. In March 1987, the Redevelopment Agency approved an agreement with the BCT for a five year lease of the Nature Interpretive Center to the BCT for $1 per year. This lease expired in January 1992, and therefore needs to be renegotiated. As part of the stipulated settlement in Sierra Club v. Marsh, the Redevelopment Agency received an easement to the NIC compound and the license for the access road. The Redevelopment Agency also owns the NIC building, having funded $1.6 million dollars of the $2.25 million dollar construction cost. The NIC officially opened on July 4, 1987. On March 17, 1992, the Council reviewed potential changes to the Articles of Incorporation and By-Laws of the BCT and approved the staff recommendation to recommend that the BCT Board of Directors execute the proposed changes in the Articles and By-Laws (see attached Agenda Statement and its attachments). ~ 12"1 EXHIBIT B, PAGE 3 OF 8 PAGE 3, ITEM: :;~ MEETING DATE:~I~O/9Z Supplemental Budget Report No.8 (also attached) was provided to Council on May 28, 1992 and describes the actions taken by the BCT Board at its March 24 and May 26, 1992 meetings. As indicated in that report, the BCT approved the recommended changes to the composition of the Board of Directors, but did not approve creating "members" of the corporation (with the members comprised of the Chula Vista City Council) for reasons summarized in the report. Instead of creat ing "members," the BCT Board on May 26 approved in concept giving the Chula Vista City Council the power to ratify or disapprove any future changes or amendments to the Articles of Incorporation or the .By-Laws of the BCT. This alternative approach was suggested by the City Attorney in a March 13 memo to the Council attached to the above referenced March 17, 1992 agenda statement. The BCT Board currently intends to consider formally amending the BCT Articles and By-Laws at its July 25, 1992 meeting to give the Chula Vista City Council such veto authority over future changes to the Articles and By-Laws. At its May 21 and May 28, 1992 budget review meetings, the City Council raised the questions highlighted in the introduction to this report regarding the funding for the NIC and the relationship of the BCT to the City and the Redevelopment Agency. B. FUNDING FOR THE NIC/BCT As indicated previously, the Redevelopment Agency funded $1.6 million of the $2.25 million in construction costs for the NIC, which opened on July 4, 1987. The Agency has leased the NIC to the BCT for $1 per year in the recently expired five-year lease. The Redevelopment Agency also provided grants of $575,000 in FY 1986-87 and $358,150 in FY 1987-88 for exhibits and start-up operating costs. Starting in FY 1988-89, City and Redevelopment Agency funding for the BCT have been considered loans to the BCT. As indicated in the attached Exhibit A, the loans to the BCT from FY 1988-89 through FY 1991-92 total $676,662 from the City General Fund and $661,350 from the Redevelopment Agency. Adding the interest recorded through June 1991 brings the total City and Redevelopment Agency current loan amount to $1,529,325 (with an additional $142,754 in interest being accrued for the year ending June 30, 1992). Based on the FY 1992-93 budget of $450,370 for the Nature Interpretive Center, the FY 1992-93 loans to the BCT from the General Fund and the Redevelopment Agency will be $199,120 and $182,050 respectively. Adding these loans and the interest that will be accrued through June 1993 to the above amounts would bring the total BCT loan amount as of June 1993 to about $2.2 million. The relative BCT loan amounts from the City's General Fund and from the Redevelopment Agency are calculated annually based on a previously established formula for using Redevelopment Agency funds to support the Bayfront promotional aspects of the NIC to the extent that is considered legally supportable. Other sources of funds for the NIC operating budget include donations and grants, rental of the NIC building to outside agencies and groups, and the BCT fund balance from the previous fiscal year. Although funding for the maintenance of ~ /8"/0 EXHIBIT B, PAGE 4 OF 8 PAGE 4, ITEM: MEETING DATE: 3,;l. 06/30/92 exhibits is included in the annual operating budget, monies to establish new exhibits are not budgeted and are added later during the fiscal year when corporate donations or grants are received. There is a separate fund for the NIC bookstore, which has essentially been self supporting from its sales revenues. When the BCT was being formed and the NIC constructed, it was anticipated that a Bayfront assessment district would be formed within a few years and that the annual assessments would support most of the BCT's ongoing operating costs, supplemented by grants and fund raising. This has not yet occurred; in fact, the collection of fund~ from such an assessment district would likely still be several years away. If the current general practices are continued another four years, the projected BCT loans and accrued interest through June of 1996 wou 1 d total about $4.2 million, as detailed in the attached Exhibit A. About $2.1 million would be owed to the City General Fund and about $2.0 million owed to the Redevelopment Agency. Repayment of a potential $4.2 million loan fully amortized over 20-25 years at 8% - 10% interest (for discussion purposes) would require annual BCT payments in the range of $390,000 - $485,000. Preliminary discussions regarding the potential Bayfront assessment district have been based on annual yields of $400,000 - $500,000. An annual yield in this range could support most of the BCT's ongoing operating costs but would not be adequate to in addition repay a multi-million dollar loan. There may also be some legal constraints on making an assessment district responsible for costs incurred prior to the formation of the district. Other potential alternatives to help fund the BCT loan repayments and/or ongoing operating costs include: . Establishment of a major endowment fund from the land owners and possibly adjacent land owners. (Proposed by major land owners.) . Contributions as Bayfront development occurs, through a development agreement. . Using part of the incremental revenues to the City/Agency generated by Bayfront development. . The Redevelopment Agency selling the NIC to the Port District, and the BCT leasing it from the Port District for a minimal amount per year. 1 The City I not the BCT. would be the taxing authority for such an assessment district. Although the funds raised from the assessment would need to be spent tor the purpose for which the district was formed, the funds would not automatically go to the BCT. ~ Jg-'~ /1 EXHIBIT B, PAGE 5 OF 8 3'.,. PAGE 5, ITEM: ,.. MEETING DATE: 06/30/92 . Establishment of tour group and admission charges to the NIC (in addition to the current charge of $.50 per adult for the round-trip shuttle service). . Using part of the proposed $1.2 million from the Kaiser development agreement. The first four of the above alternative funding sources, as well as the potential assessment district, are recommended to be considered further by the Redevelopment Agency in the context of negotiations with the Bayfront developer and/or the Port District. Although there is some concern that charging admission and tour group fees could have a negative impact on the attendance at the NIC, staff plans on further eva 1 uat ing such potent i a 1 charges un less Counc i 1 directs staff not to pursue th i s alternative. If Council approves the Kaiser development agreement (which is a separate item on the Council's June 30 agenda), staff would recommend that part of that $1.2 million be used, as an interim step, to fund what would otherwise be a loan of $199,120 to the BCT for FY 1992-93 from the City's General Fund. C. RELATIONSHIP OF BCT TO THE CITY AND REDEVELOPMENT AGENCY As described previously, the loans that the City and the Redevelopment Agency have provided to the BCT are already in excess of $1.5 million, and could exceed $4 million by the time alternative funding sources can start covering the operating costs of the BCT. As a result of this significant financial interest, it is appropriate for the City and the Redevelopment Agency to tighten up their relationship with the BCT. Staff is recommending that a new Lease, Loan and Operating Agreement be prepared for consideration by the City Council, Redevelopment Agency and BCT Board of Directors. Staff would plan on incorporating the following into the proposed agreement: . The agreement would replace the expired lease and the current Cooperation Agreement and would formalize the loans to the BCT. . It would include provisions requiring a fully amortized loan repayment schedule to the City and the Agency. . The City would have the right to terminate the lease for convenience, at least until the BCT had fully paid off the loans. . Any fixtures, exhibits or improvements to the leased facilities will belong to the City/Agency if the agreement is terminated before the loans are fully repaid. ~ I~ /.2. EXHIBIT B, PAGE 6 OF 8 PAGE 6, ITEM: ;;z. MEETING DATE: 96/30/92 . The City/Agency would have the following operational controls, at least until the BCT loans are fully repaid: The City Manager will be the appointing authority for the BCT staff, with input from the BCT Board on the Executive Director, and the City will determine the salaries of the BCT staff. The City Manager will supervise the Executive Director of the BCT and oversee its staff and operations, with input from the BCT Board. The City's Finance Director will serve as the Treasurer of the BCT and oversee its expenditures and purchasing procedures. The City will determine the annual budget of the NIC, with input from the BCT Board. The BCT cannot termi nate the agreement, wi thout the consent of the City/Agency, until the loans are repaid. Staff also recommends that the Council request that the BCT Board of Directors, at its July 25 meeting, amend the BCT Articles of Incorporation and By-Laws to give the Chula Vista City Council the power to ratify or disapprove any future changes or amendments to the Articles and By-Laws. As mentioned previously, the BCT Board has already approved this change in concept. Staff feels that this veto authority, in addition to the protections outlined above for a new Lease, Loan and Operating Agreement, will significantly improve the position of the City and Redevelopment Agency in relationship to the BCT. It is also important to note that the City Council appoints four of the voting BCT directors, and the Mayor (or Mayor's designee) serves as Chairman of the BCT Board as well as being a fifth voting BCT director out of the eleven total voting directors. The other six voting directors are appointed by varied groups including the Board of Supervisors, the National City City Council, and the Landowner(s). . The Council may, however, wish to again recommend that the BCT Board of Directors estab 1 ish "members" of the BCT compri sed of the City Counc il. Th i s addit iona 1 step would further strengthen the position of the City and the Agency. Given the BCT Board's previous reluctance to approve the establishment of the Council as "members" of the BCT, staff would recommend that Council establish a subcommittee to further discuss the issue with the BCT Board if the Council decides that it wants to pursue the "member" issue further. FISCAL IMPACT: The recommendations in this report should help strengthen the City and Redevelopment Agency's positions in relationship to BCT costs. Half of the FY 1992-93 budget for the NIC is recommended to be "frozen" until such time ~t=" Ifj'-IJ EXHIBIT B, PAGE 7 OF 8 PAGE 7, ITEM: 37- MEETING DATE:-2~/30/92 as the Council approves "unfreezing" the remainder of the FY 1992-93 budget. This can be accomplished by limiting the additional loans to the BCT from the City and the Redevelopment Agency, until the Council is satisfied with the progress being made on the issues discussed in this report. A:BCTFUND ~f /r-/lf EXHIBIT B, PAGE 8 OF 8 LllMS TO IIA'IFROIIT alllSDlVMCY lllUST (BCT) FRllIl CITY GEIIERAL FUIIl AIIl REDEVELOPIIENT AGENCY CURRENT POTENTIAL 88-89 89-90 90-91 91-92 TOTAL 92-93 93-94 94-95 95-96 TOTAL GEIIERAL FUND: Loan ...nt 133,030 143,480 177,650 222,502 676,662 199.120 210,000 220,000 230,000 1,535,782 Interest Rate 12.00% 11.00% 10.00% 10.00% 6.50% 7.00% 8.00% 9.00% Interest: Thru 6/91 47,890 31,566 9,179 88,634 88,634 7/91-6/96 79,818 78,914 88,825 111.251 N/A 51,771 44,100 35,200 20,700 510,579 TOTAL General Fund Loans . Interest 765,296 2,134.996 . '/ELOPHENT AGENCY: Loan ...nt 160,000 165,700 166,920 168,730 661,350 182,050 190.000 200,000 210,000 1,443,400 Interest Rate 12.00% 11.00% 10,00% 10.00% 6.50% 7.00% 8.00% 9.00% . , Interest: Thru 6/91 57,600 36,454 8,624 102,678 102,678 7/91-6/96 96,000 91,135 83,460 84,365 N/A 47,333 39,900 32,000 18.900 493,093 TOTAL Redeve loplll!nt Agency Loans . Interest 764,028 2,039,171 TOTAL GENERAL FUND . REOEV. AGENCY LllMS . INTEREST 1,529,325 4.174,167 (8CT-LOAM: 6/18/92) 1~'/5 -,.---_.--~--~,._-~._..,...._~-~- -- . =-~:,.,'".,.~:- .-".:::~-"'-~-~'-~- EXHIBIT C, PAGE 1 OF 4 DRAFT MINUTES OF THE BA YFRONT CONSERVANCY TRUST November 24. 1992 1 :30 PM - Chula Vista Nature Interpretive Center L ROLL: Dr. Stephen Neudecker opened the meeting and called the roll. PRESENT: Tom Alexander. Susan Fuller. Michael Johnson for Mayor Tim Nader. Deborah Lee. Judy Schulenberg ALSO PRESENT: Barbara Moore. Dr. Neudecker. James Thomson EXCUSED: Bill Barkett. Brian Bilbray. Larry Dumlao. Pete Flores for Brian Bllbray. Mayor Tim Nader. Dan Wilkens. Fred Worthley ABSENT: Pete Flores. Isabelle Kay. Mayor George Waters .. ACnON: MINUTES OF THE SEPTEMBER 22.1992 MEETING MSUC: (Lee/Fuller) to approve minutes. .. INFORMATION: Three Party Agreement between the City of Chula Vista. Redevelopment Agency of the City of Chula VIsta and the Bayfront Conservancy Trust for a Lease, Loan, and Operating Agreement for the Nature Interpreflve Center. Presented by Dr. Neudecker. Dr. Neudecker explained that this agreement had been worked on for several months. He called the Board's attention to a handout which outlined the agreement and the parties Involved. He went over the outline which compared the current agreement with the proposed agreement. Jim Thomson noted that the total amount of money loaned to the BCT also included Interest through June. 1993. Both Dr. Neudecker and Jim Thomson stated that considerable progress has been made towards the finalization of the agreement. If there were more definite answers regarding the tax assessment district and the potential purchase of midbayfront property by the San Diego Unified Port District. the agreement could be easily finalized. They both agreed that current policies and proposed policies are very similar and that there will be very little change. Jim Thomson stated that the City Council had been nervous because they felt the agreement between the BCT regarding operations and loans needed to be formalized. especially with the amount of money that had been loaned to the BCT. He also stated that he will submit a report to the City Council recommending that the freeze be lifted for another three months; this should give enough time to formalize an agreement and then he will then request the freeze be permanently lifted. Deborah Lee asked to receive documentation regarding comparable rental costs and Judy Schulenberg asked to receive copies of the original agreements to compare with the proposed agreement. Dr. Neudecker responded that he would provide the Board with all the related Information and documentation before the next Board meeting. He also stated that when all the information Is finalized. he will give the Board a new matrix and the new agreement for the Board's approval. IV. ACTION: Authorizing the Chairman of the Board to execute a Three Party Agreement between the City of Chula Vista, Redevelopment Agency of the City of Chula VIsta and the Bayfront Conservancy Trust for a Lease, Loan. and Operating Agreement for the Nature Interpretive Center. Presented by Dr. Neudecker. Dr. Neudecker explained to the Board that the agreement had not been finalized so no action could be taken on this resolution. Instead there was a vote on a revised action. J~ ~/? EXHIBIT C, PAGE 2 OF 4 ACTION: Giving conceptual approval of a Three Party Agreement between the CIty of Chula Vista, Redevelopment Agency of the City of Chula VISta and the Bayfront Conservancy Trust for a Lease, Loan, and Operating Agreement for the Nature Interpretive Center as presented In outline form and authorizing the Executive Director to continue negotiations on that agreement. Dr. Neudecker asked the Board for conceptual approval of the outline of the propased agreement and direction to continue discussions and to bring bock the agreement to the Board for approval. Susan Fuller stated that she felt comfortable with the outline In the matrix. but was concerned that the Council permanently remove the freeze on the budget. Jim Thomson responded that he felt that everyone on the Council wanted the Center to continue and that no one wanted to see it closed. Deborah Lee asked about managment of the Executive Director and stated that she wanted to see a scheduled annual review of the Executive Director In the Lease. Loan and Operating Agreement as the Board had previously discussed. In response to purchasing procedures. Deborah Lee explained problems that the California Coastal Commission has had with the City of San Diego using mitigation money. There has been a need to purchase special equipment that the City purchasing department does not have specifications for. This resuits In writing detailed. new specifications for each item. This process Is extremely exaggerated and time consuming. With the Center receiving special donations and having to move quickly to purchase certain Items. this should be factored in the new agreement to prevent protracted purchasing periodS for new equipment for exhibits to prevent a slow down on making improvements to the Center. Dr. Neudecker responded that the Center does purchase items that none of the other deportments In the City buys such as mice. He also complemented the cooperation that the purchasing department has had with the Center when unusual purchases have been required or when items have had to be expedited. The purchasing deportment has allowed us to specify a sole source for Items that are out of the ordinary such as chemicals. aviary cages. etc. and this has not been a problem. Jim Thomson explained that the City Manger Is being recommended to replace the City Council for approval of BCT purchases and that should help to expedite those purchases. Dr. Neudecker complemented Jim Thomson on his suggestion to approve projects. not just Individual items and this arrangement Is what he would like to have from the City Manger. The Board wanted to make it clear to the City Council that the items not completed in the Lease. Loon. and Operating Agreement were beyond the BCTs control and that it Is their intent to move forward with the agreement as soon as possible. MSUC: (Fuller/Schulenberg) Michael Johnson suggested that the Board should consider including a request to the City Council to 11ft the budget freeze in this action. Susan Fuller expressed concern that the City Council not continue to keep putting on budget freezes to the Center as it Is detrimental to the Center's operation. ACTION: Amending the previous mofion to include a recommendation to the CIty Council that the budget for the BCT be unfrozen until the end of March and then permanenUy unfrozen once the agreement Is approved. MSUC: (Fulier/Alexander) V. ACTION: Resolution of the Bayfront Conservancy establishing membership fees for the FrkInds of HIC. Presented by Dr. Neudecker. Dr. Neudecker explained that he needed approval from the Board regarding membership fees before having a new colored membership brochure printed. After reviewing his membership fee survey. he believes that the existing fees are reasonable and that raising them would discourage membership. He does not believe the market will bear higher fees. There was discussion regarding the $5 volunteer fee. Dr. Neudecker stated that he thought the volunteers should be free. but the AAM had strong feelings that volunteers should also contribute to their institution. Tom Alexander felt that there should be two fees structures for volunteers. those active and those Inactive. Barbora Moore explained that most organizations charge their volunteers a much larger membership I?' /7 EXHIBIT C, PAGE 3 OF 4 fee. This membership fee provides moiling of the By-line and Closs Brochures to member volunteers. Susan Fuller felt that there should be 0 low fee because some of the volunteers hod expressed dissatisfaction with 0 fee. Dr. Neudecker asked that he and Barbaro Moore be able to use their discretion to wolve fees in hardship cases. Dr. Neudecker stated that If the Baard voted to change the fees, he would come to the next volunteer meeting to explain the changes. MSUC: (Fuller/Johnson) Michael Johnson asked the Baard If there Is abuse in that Inactive volunteers ore getting the some advantages that active volunteers are and perhaps charging 0 different fee would be more equitable. There was discussion to change the flat $5 volunteer fee to two different fees, one for active volunteers and one for Inactive (supporting) volunteers. Barbaro Moore would determine the number of hours that would classify 0 volunteer os on active volunteer. Active volunteers would get more benefits than supporting volunteers such os 0 greater discount In the bookstore. ACTION: Amendng the previOUS motion to Include a change to establish the volunteer membership tees as $10 tor active volunteers and $30 for supporting volunteers. MSUC: (Fuller/Alexander) VI. INFORMAnON: Status cI volunteer and publiC programs, Winter, 1992. Presented by Barbara Moore. Barbaro Moore announced that most of this winter's activities will be off site because of the uncertainty of the dotes that the Center will be closed. These activities, bird walks and Walks on the Wild Side, hove been very well attended. The overnights hove been mostc successful. We ore now going to Just do parents/children's nature nights os It is much easier on the stoff. Jeff Phair, 0 developer, is going to hove 0 special nature night and 0 fund raiser for the Interpretive Trails. We ore now requiring everyone, except the Chula Vista Elementary School District, toke 0 special In-service workshop before they bring groups to the Center. They will receive 0 pocket that we used to send out repeatedly and this will be the only one they will receive. It will be their responsibility to make copies for their students. The leaders will be taught the Importance of wetlands, natural history and how we expect their children to behove (museum manners). This will help the docents, because children who hove background on the Center, are much easier to lead on tours and they learn more. Vii. DIRECTOR'S REPORT: Rood Improvements On November 18 the Army Corps of Engineers hod 0 meeting at the Center. The contract has been awarded and the work Is expected to begin in early December. There ore few more issues that need to be resolved. There will be two box culverts installed that toke 0 week at 0 time to cure. During one or two of these weeks the Center may be closed to the public. This construction of the south levee rood should be on enhancement to the marsh by Increasing water flow, widening and deepening the pond, 011 and grease traps In the rood and na utility lines to affect the flight of the birds. Access to the Nature Center will be via the north levee rood. The contractor will grade on area near the abalone deck for the buses to turn around and also for stoff parking. The Army Corps of Engineers will hydroseed the parking area on the north levee rood with native vegetation which will also be on Improvement. USF&WS also gave the contractor permission to grade 0 rood through the middle of the decanting basin with 0 double gate by the stoff parking lot for emergency access for the fire deportment. All new underground utilities need to be Installed before the old lines ore removed. There Is 0 March 15, 1993 deadline on completion of the work. There was discussion regarding the condition of the temporary rood when it rains and if the contractor would be putting down grovel If the rood become muddy. The rood is being redone during the rainy season to not interfere with the nesting season. Tom Alexander discussed 0 cellulose mat for the surface of the rood to protect the marsh. He Is still looking at various alternatives. Susan Fuller asked If the contractor I?, /?" EXHIBIT C, PAGE 4 OF 4 had done other environmentally-sensitive jobs before to which Tom Alexander responded yes, but he did not know haw environmentally sensitive the contractor was. He said that this is similar to a surgery In that it is extremely important they go In and out quickly leaving everything Intact. He and Marl Hoffmann Nelson are going to be out here dally overseeing the project and they will also depend on NIC staff for assistance. Clapper Rail Exhibit There Is considerable progress. A temporary enclosure was Installed and then we purchased a quarantine enclosure from a professional aviary company. There were concerns in how the temporary one was built and the materials used. A veterinarian has looked at the bird and stated that It is healthy. We have contracted with Toni Cutrl, the architect of the building, to do a full site plan for the architect to be able to give a bid on the exhibit design work. We are happy wlth the progress to date on this project. Volunteer Christmas Party, 12/19192 Dr. Neudecker Invited the Board to the porty which will be held at 5:30 PM, Saturday night. The Center will be providing ham, turkey and shrimp. The volunteers will be providing the rest. It Is a fun event for families and kids. VIII. CHAIRMAN'S AND MEMBERS' COMMENTS Michael Johnson remarked that he appreciated representing the Mayor of Chula Vista. IX. ORAL COMMUNICATIONS None. Adjournment at 3:00 PM to the next scheduled bimonthly meeting of Januory26, 1993 at 1:30PM. \~~ Dr. Stephen Neudecker Executive Director Bayfront Conservancy Trust 4 )8',/7 File No. PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING DATE 'rY. ^ ...b....... ~ J 1'\"12- SUBJECT ~~..t Y'Y\.~,,'.- .'"" J.,,",,~ ~- Jo..{. ~Q...~?o rH_ 1._ (J ~ LOCATION ~ SENT TO STAR NEWS FOR PUBLICATION .~; BY HAND_; BY MAIL PUBLICATION DATE \ \ /2 -.; / q2- MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suire F. San Diego, 92122 LOGGED IN AGENDA BOOK \ I /2.5 I '" 2- COPIES TO: Administration (4) ,./" Planning ./' Originating Department Engineering ./ Others City Clerk's Office (2) /' POST ON BULLETIN BOARDS II/2S/Q2- SPECIAL INSTRUCTIONS: .58. ~ ) NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Notice is hereby given that a Public Hearing will be held by the City Council of Chula Vista, California, for the purpose of considering maintaining the Transient Occupancy Tax at a rate of 8%. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, December 8, 1992 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: November 25, 1992 Lyman Christopher Director of Finance Chula vista ~ File No. PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING DATE SUBJECT ~~..o "..~ \ ,..,..y-- b-r.,.:" .--, ...Q..:~~. LOCATION fl..JLUL..J.".,.. 'i') ,,,ot '2... oJ,..at.... ~ sJ. j) " Q J ~ "t. \'\'1~ SENT TO STAR NEWS FOR PUBLICATION --~; BY HAND_; BY MAIL PUBLICATION DATE \ \ /2. 'i< / q 2.- MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite P. San Diego, 92122 LOGGED IN AGENDA BOOK \ \ /25 / Cj :;?-- COPIES TO: Administration (4) Planning V v Originating Department Engineerin~ / Others City Clerk's Office (2) ~ POST ON BULLETIN BOARDS 1\ 1 '2---:' ('i '2-- SPECIAL INSTRUCTlQNS: ..58.. T 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 a one year abatement of the scheduled calendar year 1993 business license tax increase to retain business license taxes at the current calendar year 1991 level. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, December 8, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: November 25, 1992 Beverly A. Authelet City Clerk