HomeMy WebLinkAboutAgenda Packet 1993/05/04
Tuesday, May 4, 1993
4:00 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROIL CAIJ.:
Councilmembers Fox -' Horton -' Moore -' Rindone -' and Mayor
Nader _
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPEOAL ORDERS OF THE DAY:
a. Proclamation declaring the week of May 2 through May 8, 1993 as "ADill.T EDUCATION
WEEK" - The proclamation will be presented by Mayor Nader to Norman Yaggie, Principal,
Chula Vista Adult School.
b. Proclaiming May as "OIDER AMERICANS MONTIi" - The proclamation will be presented
by Mayor Nader to Kay Dennison, Chair, Commission on Aging.
c. Proclaiming the week of May 2 through May 8, 1993 as "YOU1H WEEK" - The proclamation
will be presented by Mayor Nader to Frank Pantol, Exalted Ruler of Chula Vista Elks
Number 2011, and Garry Hummel, Youth Activities Chairman.
d. Proclaiming the Month of May 1993 as "WATER AWARENESS MONTIi" - The proclamation
will be presented by Mayor Nader to Sue Jarrett, Chairman of the Sweetwater Authority
Board.
e. Presentation by a representative from CalMethanol Corporation - The representative will
discuss Methanol as an alternative fuel. Continued from the 4120/93 workshop.
CONSENT CALENDAR
(Items 5 through II)
The staff recomnu!1lliDtions regarding the following items listed UIIder the Consent Calendar will be enm:tI!d by the
Council by one motion wiJJrout discussion unless a Couru;iJmDnber, a manber of the publit: m City staff requests
that the item be pu.1lJ!Ji fm discussion. If you wish to speak 011 one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favm of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pu.1lJ!Ji from the Consent Calendar will be discussed after Board and Commission
Recomnu!1lliDtion and Action Items. Items pu.1lJ!Ji by the publit: will be the first items of business.
S. WRI'ITEN COMMUNICATIONS: None submitted.
Agenda
-2-
May 4,1993
6. ORDINANCE 2555 REPEAIJNG AND RE-ENACI1NG A NEW CHAPTER 2_46 OF lHE
MUNlCJPAL CODE RELATING TO 1HE YOUTI-I ADVISORY COMMISSION
(first readinsr) - Last year it was suggested that the ordinance relating to
the Youth Commission be amended to allow commission members to selVe
beyond 18 years of age. Upon review, many provisions of the current
ordinance were discovered to be in violation of the Charter, or inconsistent
with the new, standard format for Boards and Commissions. Staff
recommends Council place the ordinance on first reading. (City Attorney)
Continued from the meeting of 4127/93.
7. RESOLUTION 17076 APPROVINGRENEWALOFlHEAGREEMENTWITHIEITIERI-MCINTYRE
8< ASSOCIATES, PROJECT MANAGER AND lHE BALDWIN VISTA
ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANCH, AND
AUTI-IORlZING lHE MAYOR TO EXECUTE lHE AGREEMENT - The
agreement includes planning process, public hearings, drafting of all
documents and resolutions, and taking final action by the Planning
Commission, Council, and the County Board of Supervisors. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
8. RESOLUTION 17100 APPROVING AGREEMENT (ADDENDUM NUMBER NINE) WITH JHK 8<
ASSOCIATES AND BAlDWIN VISTA, LTD. FOR TRANSPORTATION
PLANNING SERVICES ON lHE OTAY RANCH, AND AUTI-IORlZING lHE
MAYOR TO EXECUTE SAME - In responding to directives received from the
Otay Ranch General Manager, the agreement includes preparing for and
attending project-related workshops and hearings, and project coordination
meetings. Staff recommends approval of the resolution. (Deputy City
Manager Krempl)
9. RESOLUTION 17093 TRANSFERRING $2,500 OF UNUSED COMMUNllYDEVELOPMENTBLOCK
GRANT (CDBG) FUNDS FROM VARIOUS SUB-GRANTEES TO lHE
LUTI-IERAN SOCIAL SERVICES OF CAUFORNIA FOR lHE '"IHURSDAY'S
MEAL" PROGRAM - In July 1991, Lutheran Social Services and the South
Bay Ecumenical Council started a weekly meal program for homeless
people. The "Thursday's Meal" program currently selVes 200 people, half
of whom are children. The committee overseeing the program has recently
expanded to selVe meals on Mondays at the Presbyterian Church. Lutheran
Social Services has sent Council a letter requesting $2,500 to cover the cost
of utilities, maintenance, and insurance. It is a one-time request and
immediately needed due to the rapid growth of the program. Unused
CDBG social services funds are available from various sub-grantees. Staff
recommends approval of the resolution. (Director of Community
Development) 4/Sth's vote requirecL Continued from the meeting of
4/27/93.
10. RESOLUTION 17101 AUTI-IORlZING TEMPORARY STREET CLOSURES ON MAY 29, 1993, FOR
A SKIS MILE ROAD RACE SPONSORED BYlHE BONITA ROAD RUNNERS
The Bonita Road Runners organization is requesting permission to conduct
a SKl5 mile road race around Rohr Park on Saturday, 5/29/93. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
Agenda
-3-
May 4,1993
11. RESOLUTION 17102 PASSING ON TI-IE "REPORT" OF TI-IE ENGINEER, GMNG PRELIMINARY
APPROVAL, AND SETI1NG A TIME AND PLACE FOR TI-IE PUBUC
HEARINGS FOR ASSESSMENT D1SfR1Cf NUMBER 92-2 (AIITO PARK)
FOR JUNE 8, 1993 AND JUNE 22, 1993 - On 3/23/93, Council adopted the
Resolution of Intention to order the acquisition and financing of the Auto
Park development public improvements, pursuant to the Municipal
Improvement Act of 1913. The current resolution would continue the
formal proceedings leading to the establishment of the Auto Park
Assessment District Number 92-2 and constitutes the preliminary approval
of the "Engineer's Report" as required by the Resolution of Intention. In
addition, the date, place, and time for the two required public hearings
would be set. Staff recommends approval of the resolution. (Director of
Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as publU: hearings as required by law. /fyou wish to speak
to any item, pkilse fill out the "Request to Speak Form" avaiJJJbk in the lobby and submit it to the CiJy Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendotion; compleU the pink form
to speak in opposilioll to the staff recommendDIion.) Comments ore limited to five minutes per individuIlL
12.
PUBUC HEARING
13.
PUBUC HEARING
14.
PUBUC HEARING
HOUSING AND COMMUNflY DEVELOPMENT NEEDS - For Fiscal Year
(FY) 1993-94, the City will receive a Community Development Block Grant
(CDBG) entitlement of $1,664,000 and anticipates receiving program
income of about $524,670 from the CDBG Housing Rehabilitation revolving
fund. Staff recommends that Council conduct the public hearing, accept
the staff report on the IT 1993-94 CDBG program, and direct staff to
return on 5/18/93 with the funding recommendation report. (Director of
Community Development)
CONDITIONAL USE PERMIT PCC-91-24; APPEAL OF TI-IE PLANNING
COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE
SfATION AND ADD MINI-MARKET AND CAR WASH AT 1498 MELROSE
AVENUE - The proposal was approved by the Planning Commission in
January 1992 and consequently appealed by Council in response to
concerns with traffic impacts and an over-concentration of alcohol sales
facilities. Consideration of the appeal has been postponed to coincide with
reconsideration of the alcohol sales issue. Staff recommends the Dublic
hearin!!: be continued to 5/25/93. ((Director of Planning)
CONDITIONAL USE PERMIT PCC-93-10; APPEAL OF WNING
ADMlNISfRATOR APPROVAL OF REQUEST TO SELl. ALCOHOUC
BEVERAGES AT PROPOSED MINI-MARKET AT 1498 MELROSE AVENUE
IN C-N ZONE - In January 1992, the Zoning Administrator conditionally
approved a request to sell beer and wine at the proposed Texaco mini-
market at 1498 Melrose Avenue in the CoN zone. The request was
proposed under the City's recently adopted Conditional Use Permit (CUP)
procedure for alcohol sales in the CoN zone. The decision has been
appealed and has been scheduled to coincide with the appeal of the CUP
for the mini-market! car wash. Staff recommends the Dublic heariru!: be
continued to 5/25/93. (Director of Planning)
Agenda
-4-
May 4,1993
15.
PUBUC HEARING
PCM-93-16 - CONSIDERATION OF SfREET NAMES FOR lWO NEW
PUBUC STREETS WlTHIN THE CHULA VISTA AlITO CENTER - The Chula
Vista Auto Center master plan includes construction of two public streets.
The proposal is to designate "Auto Park Drive" as the street name for the
frontage street within the Chula Vista Auto Center and "Brandywine
Avenue" as the project access street off Otay Valley Road. Staff
recommends approval of the resolution. (Director of Planning)
RESOLUTION 17103 ADOPTING THE NAMES Aura PARK DRIVE AND BRANDYWINE AVENUE
FOR THE lWO PUBUC SfREETS WlTHIN THE CHULA VISTA AlITO
CENTER
ORAL COMMUNICATIONS
This is an opptJl1u1liJy for du! general pub/iJ: 10 address du! City Council 011 any subject nuuter wiIhin du! Council's
jurisdiclion -that is 1iot an iIon 011 this agenda. (State low, however, generally prohibits du! Cily Council from
taking action 011 any issues not included 011 du! posted a/leTlda.) If you. wish 10 address du! Council 011 such a
subject, pktJse complete du! yellow "Request 10 Spealc uni1er Oral COnrmunkations Form" avaiJabk in du! lobby
and submit it 10 du! City CInk prior 10 du! meeting. Those who wish 10 speak, pkose give your nmne and address
for record purposes and fallow up action. Your timI! is 1imited 10 three minutes per speoker.
BOARD AND COMMISSION RECOMMENDATIONS
This is du! timI! du! City Council wiN consider iIons whii:h have been forwarded 10 thon for consideration by one
of du! Cily's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The iIons listed in this section of du! agenda are expecteJJ 10 e/iJ:it substJmtial discussions and deliberations by du!
CoundI, staff, or members of du! W pub/iJ:. 1& iIons wiN be considered individually by du! Council and stoff
rec~ may in certain~ 6e presented in du! altemIltive. Those who wish 10 speak, pkose fill out
a "Request 10 SpeoK' form avaiJabk in du! lobby and submit it 10 du! City CIer/c prior 10 du! meeting. Pub/iJ:
comments are limited 10 five minutes.
16. ORDINANCE 2551 AMENDING QfAPTER 9.50 OF THE MUNICIPAL CODE TO MAKE
VARIOUS CHANGES IN THE REGULATIONS REGARDING MOBILEHOME
PARKS (second readinl( and adootion) - On 4/13/93, Council directed staff
to return With an amendment that would allow enforcement of the
Mobilehome Park Space - Rent Review Ordinance. Staff recommends
Council place the ordinance on second reading and adoption. (Director of
Community Development)
17. RESOLUTION 17104 CONCEPTUALLY APPROVING THE WAIVER OF CERTAIN FEES AND THE
FUNDING OF AN ACCESS ROAD ASSOCIATED WITH THE BUILDING OF
A VETERANS HOMElRECREATIONAL FACIIJ1Y IN THE LOWER
SWEElWATER VALLEY PROVIDED THAT THE SITE IS SELECTED BY THE
GOVERNOR'S COMMISSION ON A SOUTHERN CAUFORNIA VETERANS
HOME - Council unanimously adopted a resolution which conceptually
approved the donation ofland for the purpose of building a Veterans Home
facility provided that the site is selected. The Governor's Commission has
narrowed the list of proposals from thirty-two to four primary candidates
which includes Chula Vista. Faced with some tough competition from
other candidates, the City's proposal needs to consider offering additional
project incentives in order to remain competitive. The Commission is
expected to make final site selection at therr next meeting scheduled for
5/6/93. Staff recommends approval of the resolution. (Director of
Community Development)
Agenda
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May 4,1993
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which Iwve been removed from the Consent Calmdar. Agenda
items puIJed at the request of the public will be considered prior to those puIJed by CounciImembers. Public
comments are limited to five minutes per individual
OlHER BUSINESS
18. CITY MANAGER'S REPORTrS)
a. Scheduling of meetings.
19. MAYOR'S REPORTCS)
a. Discussion of County Prisoner Release Policy. Continued from the meeting of 4/27/93.
20. COUNCIL COMMENTS
Councilwoman Horton
a. Authority to obtain a permit for a community forum on gangs and graffiti.
Councilman Moore
b. Solid waste update.
c. Discussion and potential action regarding next phase of Memorial Park improvements (i.e.
location of new rest room, expansion of museum, etc.).
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 involving the Clean Water Act -
i.e., E.P A, et. al. vs. City of San Diego, et. al., City of Chula Vista, amicus.
Potential litigation pursuant to Government Code Section 54956.9 - Institution of litigation by the
City of Chula Vista against the County of San Diego relating to the expansion of Canyon 3 on the
Otay Land Fill.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on May 11,
1993 at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
COUNCIL AGENDA STATEMENT
Item
l/a.-
Meeting Date 5/04/93
ITEM TITLE: Proclamation - Declaring the ~\1eek of May 2 through May 8, 1993 as
ADULT EDUCATION WEEK
SUBMITTED BY: Mayor Tim Nade~/f7
The proclamation declaring the week of May 2 through May 8, 1993 as
ADULT EDUCATION vVEEK will be presented by Mayor Nader to Principal Noman
Yaggie of the Chula Vista Adult School.
(4/5ths Vote: Ves___ No~)
Form A-l13 (Rev. 11/79)
~/a ' /
PROCLAIMING THE WEEK OF MAY 2 THROUGH MAY 8, 1993 AS
"ADULT EDUCATION WEEK"
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, our nation will observe National Adult Education Week from May 2
through May 8. 1993 to acknowledge that adult education schools serve the changing
economic and cultural needs of vigorous, expanding community; and
WHEREAS, Sweetwater District Adult School is a primary community resource for
the teaching and instruction of adult literacy and provides for the unique needs of
individuals in a diverse population; and
WHEREAS, adult schools provide a way for adults to complete high school studies
in their own time and at their own pace; and
WHEREAS, Sweetwater District Adult School provides programs especially
designed for our older adult and handicapped populations; and
WHEREAS, Sweetwater District Adult School provides vocational and job training
for adults seeking career changes or enhancements; and
WHEREAS, Sweetwater District Adult School has responded to provide education
for Immigration and Reform and Control Act, and Greater Avenues for Independence
(GAIN) participants:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the week of May 2 through May 8, 1993 as "ADULT EDUCATION
WEEK" in the City of Chula Vista, and salute. the administration, teachers and students
of the Chula Vista Adult School and honor their efforts and accomplishments.
l/o.-.;rJ.-
COUNCIL AGENDA STATEMENT
Item.!1i2.
Meeting Date Mav 4. 1993
ITEM TITLE: PROCLAMATION: Proclaiming Mayas Older Americans Month
SUBMITTED BY: Director of Parks and Recrea~
May is the month that the nation takes time to acknowledge and celebrate the achievements and
contributions of its older citizens. Public recognitions are held in Chula Vista with particular
attention given to the Centenarians in our community.
The Chula Vista Commission on Aging each year publicly thanks the local Centenarians for their
contributions. The Centenarians are invited to attend the City Council meeting in which the
Proclamation is presented. The City of Chula Vista prints enough Proclamations for each
Centenarian to have one of their own. If they are unable to attend the Council meeting,
members of the Commission deliver them to each individual. This has been a very successful
event each year. The Centenarians and their families appreciate this recognition very much.
Each year Norman Park Senior Center has special activities that celebrate the many contributions
of the senior residents in Chula Vista. This year the Center will kick off the month long
celebration on May 6, 1993. The general meeting of the Senior Club will feature a public
announcement about the start of the newest component of the Project Care, the Christian
Neighbor Program operated by Lutheran Community Services. This program will be housed
at Norman Park Senior Center and will complement the other Senior Services supported by the
City of Chula Vista.
The major program of the month will be the "Memories Tea" on May 13, 1993. Fifteen seniors
will be honored with a "This is Your Life" focus on their lives.
The Proclamation will be accepted by Kay Dennison, Chair of the Chula Vista Commission on
Aging.
Jlb--I
PROCLAIMING THE MONTH OF MAY 1993 AS
OLDER AMERICANS MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, May is the month that the nation takes the time to acknowledge and
celebrate the achievements and contributions of its older citizens; and,
WHEREAS, thousands of volunteer hours are expended each month by seniors
who assist hundreds of agencies; and,
WHEREAS, this donation of time, skill and expertise enables agencies to greatly
enhance their services, thus benefitting the entire community; and,
WHEREAS, Chula Vista has achieved its growth and excellence, in large part,
through the wisdom and labor of our elder citizens:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the month of May 1993 as OLDER AMERICANS MONTH throughout
the City of Chula Vista and commend all of our older citizens for those contributions so
generously given to their community.
'1b-~
COUNCIL AGENDA STATEMENT
Item
'Ie
Meeting Date 5/04/'n
ITEM TITLE: Proclamation - Proclaiming the Week of May 2 through May 8, 1993 as
"YOUTH HEEK"
SUBMITTED BY: Mayor Tim Nader
(4/Sths Vote: Yes___ NoXx )
The proclamation declaring the week of May 2 through May 8, 1993 as YOUTH
>lEEK will be presented by Mayor Nader to Mr. Frank Pantol, Exalted Ruler of
the Chula Vista Elks #2011 and Mr. Garry Hummel, Youth Activities Chairman.
Form A-113 (Rev. 11/79)
'1c-/
COUNCIL AGENDA STATEMENT
Item
L/t:!
Meeting Date 5/04/93
ITEM TITLE: Proclamation - proclaiming the Month of May 1993 as
WATER AWARENESS MONTH
SUBMITTED BY:
Mayor Tim
Nade~~
(4/5ths Vote: Yes___ No~)
The proclamation declaring May 1993 as \'IATER A\'IARENESS MONTH will be presented
by Mayor Nader to Ms. Sue Jarrett, Chairman of the Board for the Sweetwater
Authority.
'-/ pf-I
Form A-113 (Rev. 11/79)
PROCLAIMING THE MONTH OF MAY 1993 AS
WATER AWARENESS MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, six years of recent drought have demonstrated the significance of
water to California's health and welfare; and
WHEREAS, to ensure an ample supply of good quality water for our residents, we
must work together to effectively conserve and protect the local water resource; and
WHEREAS, during the month of May, the Sweetwater Authority joins with the
California Water Awareness Committee composed of various urban and agricultural
communities to work for greater understanding of local and regional water supplies and
issues relating to water quality, pollution and conservation:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the month of May 1993 as WATER AWARENESS MONTH in the City
of Chula Vista, California and urge all citizens to join with me in supporting local water
organizations in their efforts to help Californians be water aware.
water
tj4-~
April 29, 1993
SUBJECT:
The Honorable Mayor and CiffY C uncil
John D. Goss, City Manager ,
/
City Counc i 1 Meet i ng of M.r; 4, 1993
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, May 4, 1993. There are no Written Communications on. this
agenda.
JDG:mab
COUNCIL AGENDA STATEMENT
Item 2-
Meeting Date 5/4/93
ITEM TITLE:
Resolution I?~ 7" Approving Renewal of the Agreement Between
the City of Chula Vista and Lettieri-McIntyre & Associates, Project
Manager and the Baldwin Vista Associates for Professional Services for
Otay Ranch, and Authorizing the Mayor to Execute the Agreement
SUBMITTED BY: Deputy City Manager Krempl (,tV
REVIEWED BY: City Managerj~ ~ ~
(4/5th Vote: Yes_Noll
The attached Agreement renewal for professional project management services with Lettieri-
McIntyre & Associates and Baldwin Vista Associates is for temporary planning and
management assistance in conjunction with the County of San Diego. The assistance will allow
the City and County to continue to process a General Development Plan and related documents
for the approximately 23,000-acre Otay Ranch Project.
This Contract is intended to cover the final phase of this project; that is, through the approvals
of the General Development Plan/Subregional Plan stage. Besides the GDP, the work program
includes finalizing project approval documents (resolutions) and transition work necessary to
assist City staff on any future work.
RECOMMENDATION: That Council approve the attached Agreement and authorize the
Mayor to sign on behalf of the City Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In the spring of 1989, the City of Chula Vista and County of San Diego both approved a
"Statement of Intentions" with Baldwin Vista Associates concerning the processing of Otay
Ranch. In the summer of 1989, the City Council and Board of Supervisors approved a
Memorandum of Understanding establishing a joint planning effort. Mr. Vernon G. Hazen was
hired as the Project Manager for that effort. On July 20, 1990, Mr. Hazen resigned. Mr. Lettieri
was hired on September 25, 1990 for a one-year term expiring on September 28, 1991. Council
extended Mr. Lettieri's Contract on October 8, 1991 until October 1992, on September 22,
1992 until December 31, 1992, and on December IS, 1992 until April 30, 1993. This is
anticipated as the final contract extension for Mr. Lettieri's services. The term of this
Agreement is through August, 1993 and the option of an additional two-month extension by
the City Manager should it be deemed necessary. The Contract terms include, specifically,
attendance at all public hearings, finalization of all planning documents, coordination of
City/County staff and all consultants and preparation of staff reports for Planning Commissions
and City CouncillBoard of Supervisors.
7-/
Page 2, Item 7
Meeting Date 5/4/92
Over the last two and one-half years, Mr. Lettieri has demonstrated that he is well suited to
perform all of the Project Manager duties and responsibilities. He has had extensive experience
and background with development projects and public/private endeavors in San Diego County
which make him ideal for this position. He has over 23 years of experience in urban and
regional planning including four years with the City of Chula Vista, six years with the County
of San Diego and 12 years in the private sector.
During that period of time, the following has been accomplished: Acceptance by the
Interjurisdictional Task Force of the Phase I and Phase II Progress Plans; Resource Sensitivity
Analysis; Village Character Issue paper; Transportation/Transit and Villages Issue Paper and
the Service/Revenue Macro-analysis. The Otay Valley Regional Park, Development Around
Otay Lakes Reservoir and Central Proctor Valley Issue Papers were also accepted by the
Interjurisdictional Task Force. The Public Participation Program has commenced with a
number of workshops scheduled with the Planning Commissions, City Council and Board of
Supervisors. The Final Program Environmental Impact Report (FPEIR) has been prepared and
is before the Planning Commissions.
Currently, the project is in the public hearing stage with the City and County Planning
Commissions. The processing of the plan, including the public hearings, drafting of all
documents and resolutions and the taking of final action by the Planning Commissions, the
City Council, and the County Board of Supervisors are the major tasks to be completed this
year.
The monthly rate for Lettieri-McInyre is proposed to be $55.00 to $85.00 per hour not to
exceed $ I 5,000.00 per month. This combines all professional services into one contract and
reduces total monthly not-to-exceed amount by $1,500.00. For Council's information, we
would also note that Lettieri-McIntyre & Associates received $285,537.47 in FY 91-92 and
$225,407.77 to date in FY 92-93 which included not only work on Otay Ranch but also EIR
work for the City on EastLake Kaiser, Palomar Trolley Center and some work on RDR SPA
III.
For the above reasons, the fact that this is a joint project with the County of San Diego, and
acknowledging that Baldwin Vista Associates will reimburse the City for the full costs of the
consultant, it is appropriate to approve the Agreement.
FISCAL IMP ACT: There will be no fiscal impact to the City of Chula Vista. The monthly
costs are already incorporated into the overall Otay Ranch expenditure plan. All costs will be
paid to the City by the applicant.
Attachment
memos#4:\ajlapriI.I13
'l- .2.
RESOLUTION NO.
17tl7"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RENEWAL OF THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
LETTIERI-McINTYRE & ASSOCIATES, PROJECT
MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR
PROFESSIONAL SERVICES FOR OTAY RANCH, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the renewal agreement for professional project
management services with Lettieri-McIntyre & Associates and Baldwin
vista Associates is for temporary professional management
assistance; and
WHEREAS, this assistance focuses on processing of the
General Development Plan and related documents for the
approximately 23,OOO-acre otay Ranch project.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Renewal of the
Agreement between the city of Chula vista and Lettieri-McIntyre &
Associates, Project Manager and the Baldwin vista Associates for
Professional Services for otay Ranch, 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 of Chula vis
F:\home\attorney\lettierl
Presented by
George Krempl, Deputy city
Manager
7-] / '1-1'
CONTRACT FOR
PROFESSIONAL PLANNING AND MANAGEMENT SERVICES
OTAY RANCH PROJECT
This agreement, made this day of , 1993
for the purposes of reference only, and effective as of the date
last executed by the parties, is made between the CITY OF CHULA
VISTA, a municipal corporation (hereinafter referred to as "CITY") ;
LETTIERI-MCINTYRE & ASSOCIATES, planning consultant (hereinafter
referred to as "CONSULTANT"); and BALDWIN VISTA ASSOCIATES, a
California limited partnership, the developer of the Otay Ranch
Project (hereinafter alternatively referred to as "APPLICANT" or
"PROJECT APPLICANT") and is made with reference to the following
facts:
I. RECITALS
A. The term "Otay Ranch Project" (or alternatively "Project")
as referred to hereinbelow means that project consisting of (1)
approximately 22,500 acres and located generally east and west of
the Otay Reservoir between I-80S and Route 94 and south of
Telegraph Canyon Road and the San Miguel Mountains and north of
Brown Field and the San Ysidro Mountains, and (2) approximately
1,300 acres located north of EastLake Business Center and east of
proposed SR 125 and commonly referred to as the Salt Creek Ranch
Project.
B. Anthony J. Lettieri, has served as General Manager of the
Otay Ranch Project on behalf of the CITY OF CHULA VISTA and the
County of San Diego since October 1990 pursuant to an agreement
entered into with the CITY, which with the latest renewals
(December, 1992 approved by Council Resolution No. 16930) provided
for termination on April 30, 1993; and
C.
in need
for the
The CITY OF CHULA VISTA and County of San Diego are still
of professional development project management assistance
otay Ranch Project; and
D. Anthony J. Lettieri has 23 years of experience involving
the coordination and management of development projects and
consultants, and over 10 years of work experience with both the
CITY and County, and his availability and professional skills
enable a full commitment to this project as General Manager as an
independent contractor; and
E. CONSULTANT is needed to provide review, analysis,
evaluation, preparation of reports, plans and development
regulations with respect to said project all leading to meeting
environmental impact report requirements, General Development Plan
approval, General Plan Amendment and a Sphere of Influence
Amendment and Benefit Agreement for said property.
1
7"'>
II. EXECUTORY PROVISIONS
NOW, THEREFORE, the Parties hereto do hereby mutually agree
as follows:
A. Working Relationship Among Parties; General Duties.
It is the intent of the CITY, CONSULTANT and APPLICANT that
CONSULTANT work solely for the CITY and County and perform the
tasks outlined hereinbelow associated with the Otay Ranch Project
to assist the CITY and County in providing the project guidance
and reviews which are appropriate for a proposal of the type
submitted by APPLICANT in accordance with applicable provisions of
state and local laws. CONSULTANTS obligation, as provided further
hereinbelow, is to provide the general management necessary to
expedite the review, analysis, negotiations, coordination of
review and preparation of various recommendations to the
Interjurisdictional Task Force, CITY and County Planning
Commission and the CITY COUNCIL and Board of Supervisors with
respect to APPLICANT'S proposal. APPLICANT'S duties are generally
to provide payment to the CITY for the management services provided
by the CONSULTANT and, further, to provide such information,
applications, etc., as may be otherwise required by CONSULTANT and
CITY/County staff to fully and adequately review the otay Ranch
Project.
B. Obligations of Consultant.
CONSULTANT hereby agrees to provide, through the person of
Anthony J. Lettieri, and for the sole benefit of the CITY and the
County of San Diego, directly and indirectly and in conjunction
with CITY and County staff, the following:
1. Scope of Work.
Manage the administration of the Project and its
process to ensure a timely but complete staff critical review,
processing, analysis and recommendations with respect to the
APPLICANT'S request for various approvals within the Otay Ranch
Project Area, including but not limited to the following:
a. An Environmental Impact Report for the
Otay Ranch Project.
b.
A General
Development
Project.
Plan Amendment
Plan for the
and General
otay Ranch
c. A Service/Revenue Plan for the otay Ranch
Project.
d. Coordination of infrastructure planning
2
70#(,
including water, sewer and transportation
systems.
e. Conditions, exactions, or mitigation
measures referred to or required by the
CITY, County and other public agencies.
f. All further permits, approvals,
applications or other documents for
enti tlement which the CITY and County
must consider in order to approve
APPLICANT's application.
g. Coordinate and provide community
interaction and information about the
project to keep the general public well
informed.
CONSULTANT shall perform the scope-of-work described
hereinabove and in doing so shall review, analyze, critique and
make recommendations regarding the various discretionary approvals
sought by the APPLICANT to the CITY MANAGER, or his designee, the
County Chief Administrative Officer, or his designee and the
Interjurisdictional Task Force.
C. Obligations of Applicant.
1. Make Deposits on Demand.
APPLICANT, pursuant to the terms and conditions of this
agreement, shall make deposits for all costs incurred for
CONSULTANT and CITY under this agreement by promptly remitting to
the CITY payments upon receipt of invoices for compensation
required herein to be paid to the CONSULTANT by city and for the
City's administrative overhead, as herein provided.
2. city Administrative Overhead.
In addition to the making deposits to cover the CITY'S
cost of retaining CONSULTANT, APPLICANT shall pay an additional fee
of four percent (4%) of the CONSULTANT'S fee to CITY as CITY'S
administrative overhead incurred in the administration of this
agreement. The APPLICANT agrees to pay the CITY upon demand the
administrative overhead fee billed by the CITY each month for the
duration of this agreement.
3. Applicant's Submittal of Materials.
APPLICANT shall provide such information as reasonably
necessary, pursuant to the terms and conditions of this agreement
and the herein described scope-of-work for the CITY and County and
CONSULTANT to review APPLICANT'S proposal, excepting therefrom any
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business or trade secrets or otherwise proprietary business
information held by APPLICANT.
D. Obligations of city.
1. Access to CITY facilities and office space for work
unit.
The CITY shall permit access to its facilities by
CONSULTANT throughout the term of the contract.
The CITY and County assigned additional employees to work
assigned on a full cost recovery basis to work exclusively on this
project. In addition, there are several consulting firms working
on this project. Those employees and consultants are housed in
nearby office space provided by the CITY and fully reimbursed by
the APPLICANT.
The office space includes
at his discretion. This office
support staff, office equipment
CONSULTANT.
space for the CONSULTANT to use
space includes all necessary
and supplies at no cost to
2. Compensation.
The compensation to be paid by CITY to CONSULTANT shall
be hourly at the rate of $55.00 to $85.00 per hour not to exceed
$15,000 per month through the Term of this Agreement. In addition
to the above monthly professional services, $300 per month may be
billed for direct expenses. The APPLICANT shall pay to the CITY
the sum according to the above amounts plus reimbursables on the
first of each month; CONSULTANT shall submit monthly invoices to
the Finance Director of the CITY which shall be due and payable
within 30 days. Notwithstanding the above payment schedule, all
monies shall be due and payable within 30 days of invoice, except
as provided for hereinbelow with respect to cancellation at the
convenience of CITY or APPLICANT or for reasons of nonperformance.
Compensation for the services performed shall be paid
only from Deposited Monies, and from no other asset or resource of
the CITY, a special obligation which is not a burden upon, or
appropriation from, the General Fund of the CITY.
E. Term.
This agreement shall become effective May 1, 1993 and shall
terminate August 31, 1993, unless extended, at the option of the
city Manager, for an additional two months in which case the Term
shall continue for the period of time extended by the City Manager,
all of which shall apply unless terminated pursuant to the
provisions contained hereinbelow.
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7-8"
1. Termination of Agreement for Cause.
If, through any cause, CONSULTANT, shall fail to fulfill
in a timely and proper manner his obligations under this agreement,
or if CONSULTANT shall violate any of the covenants, agreements or
stipulations of this agreement, CITY shall have the right to
terminate this agreement by giving written notice to CONSULTANT of
such termination and specifying the effective date thereof, at
least five days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
CONSULTANT shall, at the option of CITY, become the property of
CITY, and CONSULTANT shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of
notice of termination, not to exceed permitted compensation, less
any damages caused by said breach.
2. Termination for Convenience of City.
CITY may terminate this agreement at any time and for any
reason by giving written notice to CONSULTANT of such termination
and specifying the effective date thereof, at least ten days before
the effective date of such termination. In that event, all
finished and unfinished documents and other materials described in
Subparagraph E.l. hereinabove shall, at the option of CITY, become
CITY'S sole and exclusive property. If the agreement is terminated
by CITY as provided in this paragraph, CONSULTANT shall be entitled
to receive just and equitable compensation for any satisfactory
work completed on such documents and other materials to the
effective date of such termination, not to exceed permitted
compensation. CONSULTANT hereby expressly waives any and all
claims for damages or compensation arising under this agreement
except as set forth in Paragraph D.2. hereinabove in the event of
such termination.
3. Termination at Request of Applicant.
APPLICANT may terminate APPLICANT'S obligations with
respect to this agreement at any time and for any reason by giving
written notice to CITY of such intent to terminate said agreement
and specifying an effective date of such termination at least sixty
days before the date of termination. In the event that APPLICANT
shall terminate the terms of this agreement, APPLICANT shall remain
liable for all work undertaken up to and including the effective
date of said termination for which CITY shall be entitled to
recei ve just and equitable compensation for satisfactory work
performed by CONSULTANT due and owning pursuant to Paragraph E.2.
hereinabove.
III. INTEREST OF CONSULTANT
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7...i
CONSULTANT presently has and shall acquire no interest
whatsoever in the Otay Ranch Project, the subject matter of this
agreement, direct or indirect, which would constitute a conflict of
interest or give the appearance of such conflict. No person having
any such conflict of interest shall be employed or retained by
CONSULTANT under this agreement. CONSULTANT specifically certifies
that neither CONSULTANT nor any other person employed or retained
by CONSULTANT is employed by the APPLICANT. CONSULTANT
specifically certifies, in addition, that no promise of future
employment or other consideration of any kind has been made to
CONSULTANT or any other employee, agent or representative of
CONSULTANT, by the APPLICANT, any employee, agent or representative
of the APPLICANT, regarding the subject matter of this agreement,
or any future project in which APPLICANT has an interest.
It is further understood that the nature of the anticipated
work schedule and the attendant proposed time frame will require
the full attention and time of the CONSULTANT during the length of
this agreement.
IV. HOLD HARMLESS
CONSULTANT agrees to indemnify and hold harmless the CITY and
APPLICANT from and against all liability, cost and. expense
(including without limitation attorneys, fees, loss of or damage to
any property whatsoever or injury to or death of any person
whomsoever) caused or occasioned by the negligent act or omission
of CONSULTANT or any agent or employee of CONSULTANT, arising out
of or in connection with this agreement or the work to be
performed by CONSULTANT hereunder.
V. ASSIGNABILITY
CONSULTANT shall not assign any interest in this agreement and
shall not transfer any interest in the same (whether by
assignment or novation). Provided, however, that claims for money
due.or to become due to CONSULTANT from CITY and APPLICANT under
this agreement may be assigned to a bank, trust company or other
financial institution. Notice of such assignment or transfer
shall be furnished promptly to CITY.
VI. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this agreement shall be the sole and
exclusive property of CITY and County. No such materials or
properties produced in whole or in part under this agreement shall
be subject to private use, copyrights or patent right by
CONSULTANT in the United States or in any other country without
the express written consent of CITY and County. CITY and County
shall have unrestricted authority to publish, disclose (as may be
6
')-/~
limited by the provisions of the Public Records Act), distribute
and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials
or properties produced under this agreement.
VII. INDEPENDENT CONTRACTOR
CITY is interested only in the results obtained, and
CONSULTANTS shall perform as an independent CONSULTANT with sole
control of the manner and means of performing the services
required under this agreement. CITY and County maintain the right
only to reject or accept CONSULTANT'S final work product as each
phase of this agreement is completed. CONSULTANT and any of
CONSULTANT'S agents, employees or representatives are, for all
purposes under this agreement, an independent CONSULTANTS, and
shall not be deemed to be an employee of CITY, and none of them
shall be entitled to any benefits to which CITY employees are
enti tIed, including, but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
VIII. CHANGES
CITY and County may from time to time require changes in
the scope of the services by CONSULTANT to be performed under this
agreement. Such changes, including any increase or decrease in
the amount of CONSULTANT'S compensation, which are mutually agreed
upon by CITY, County, CONSULTANT and APPLICANT shall be effective
as amendments to this agreement only when in writing.
(NEXT PAGE IS SIGNATURE PAGE)
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7"/ I
IN WITNESS WHEREOF, CITY, CONSULTANT and APPLICATION have
executed this contract for Professional Planning and Management
services (agreement) this day of , 1993.
CITY OF CHULA VISTA
CONSULTANT:
Mayor of the city of Chula
vista
ANTHONY J. LETTIERI
Lettieri-Mclntrye and Associates
Attest
APPLICANT:
City Cle~
I ' I'
" / I!
APptJ'ed as ~.o Ifo'rm by:
/ ~ ~"--<.AA. /i.\ "-k-l
--..- - r, -~
"
,
BALDWIN VISTA ASSOCIATES, L.P.
A California Limited
Partnership
By: Baldwin Builders, a
California corporation,
General Partner
,
.I
Bruce M. Boogaard,
\
"---
Gregory T. Smith, President
F:\home\aUom~y\]enier2
8
7-/.2.
COUNCIL AGENDA STATEMENT
Item
~
Meeting Date 05/04/93
SUBMJlTbD BY:
17/00
Resolution Agreement Between the City of Chula Vista,
JHK & Associates and Baldwin Vista, Ltd (Addendum #9)
Deputy City Manager Krempl ro 1&
General Manager, Otay Ranch Project
City Manager~ 11~ (4/5th Vote: Yes_No X)
ITEM TITLE:
VIA:
REVIEWED BY:
The City of Chula Vista is the agency designated to approve consulting contracts for the
Otay Ranch Project. JHK & Associates has continued to provide transportation consulting
services on the project. JHK also has extensive experience on projects in the City and
subregion and was originally selected to provide technical input when this project first
commenced in August, 1989.
RECOMMENDATION: Approve Agreement with JHK & Associates including the
attached scope-of-work and authorize the Mayor to sign the attached Agreement.
BOARDS\COMMISSION RECOMMENDATION: Not applicable.
BACKGROUND AND DISCUSSION: Contracts for consulting on the Otay Ranch Project
are processed through the City of Chula Vista. Following is the scope-of-work for JHK &
Associates. This has been agreed to by the consultants, applicant, the City of Chula Vista
and staff of the County of San Diego. The original scope-of-work and first four addenda
were provided as a subcontract to RBF & Associates, the planning consultant on the project.
In December of 1992, the City Council approved the eighth addendum as an agreement
solely with JHK & Associates. This agreement represents the ninth addendum and is
programmed to complete work beginning March 15, 1993 and ending July 31, 1993.
This Agreement scope-of-work includes the following:
Task 1 -
Respond to Directives Received from the Otay Ranch General Manager
JHK & Associates will respond to directives and prepare technical analyses
at the request of the Project Team through the Otay Ranch General Manager.
8"/
Page 2, Item
Meeting Date 05/04/93
8"
Task 2 -
Prepare for and Attend Project Related Workshops and Hearings (8)
JHK & Associates will prepare for and attend up to eight Project Related
Workshops and Hearings (at 6 hours each). The focus of these meetings will
be to assist in the final review and approval process of the Otay Ranch ErR
and to discuss critical issues.
Task 3 -
Project Coordination Meetings
The budget for this phase of the Otay Ranch Planning effort includes staff
hours to allow JHK representation at project coordination meetings to be held
bi-monthly over the four month-project schedule. These coordination meetings
will be held with representatives of the Project Team, City/County staff and
Technical Subcommittees. It is estimated the JHK will spend 44 staff hours
for this task.
The additional compensation to be paid to JHK & Associates for this work is $8,500.00.
Attachment #1 provides a cumulative analysis of the total contract, including previous
amendments.
During Fiscal Year 1990-91, JHK & Associates received $48,558.46 in fees for technical
assistance to the Project Team as approved in the Original Contract and subsequent contract
addenda. During Fiscal Year 1991-92, JHK & Associates received $50,750.00 in fees for
technical assistance to the Project Team as approved in subsequent contract addenda.
During this current Fiscal Year 1992-93, JHK & Associates has received $34,655.00 as
approved in subsequent contract addenda.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista because
Baldwin Vista, Ltd will be funding the above-stated scope-of-work.
Attachment
memos#6:\jhk41693.113
8" ,z
Attachment #1
PROJECT SUMMARY
OT A Y RANCH TRANSPORT A TION REVIEW PROJECT
Estimated Percent Budget
Work Phase Effective Dates Description Budget Complete Expended
Original Contract 10/89 - 4/90 Review of Original $43,000.00 100% $43,000.00
Baldwin Plan
Addendum No. I 5/90 - 6/90 Continued Coordination $7,580.86 100% $7,580.00
of Transportation
Subcommittee
Addendum No.2 5/90 - 7/90 Project Team 12,271.60 100% $12,271.60
Alternative
Addendum No.3 8/90 - 12/90 Develop Phase I $11,035.00 100% $11,035.00
Pro gress
Plan/Coordinate
Transportation
Subcommittee
Addendum No.4 8/90 - 3/91 Review Phase I $8,960.00 100% $8,960.00
Progress
Plan/Coordinate
Transportation
Subcommittee
Addendum No.5 4191 - 12/91 Provide Technical $29,680.00 100% $29,680.00
Assistance to the
Project Team
Addendum No.6 1/92 - 6/92 Provide Technical $39,200.00 100% $39,200.00
Assistance to the
Project Team
Addendum No.7 10/92 - 12/92 Provide Technical $12,075.00 100% $12,075.00
Assistance to the
Project Team
Addendum No.8 1/93 - 4/93 Provide Technical $15.000.00 100% 15.000.00
Assistance to the
Project Team
TOT AL PROJECT BUDGET APPROVED TO DATE $178,802.46 $178,802.46
8246bc4/13f93
'6':J l'l-'f
RESOLUTION NO.
I 7 J t?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT (ADDENDUM #9)
WITH JHK & ASSOCIATES AND BALDWIN VISTA, LTD.
FOR TRANSPORTATION PLANNING SERVICES ON THE
OTAY RANCH, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the City of Chula vista is the agency designated
to approve consulting contracts for the Otay Ranch Project; and,
WHEREAS, JHK & Associates has continued to provide
transportation consulting services on the project; and,
WHEREAS, JHK also has extensive experience on projects in
the City and subregion and was originally selected to provide
technical input when this project first commenced in August, 1989;
and,
WHEREAS, this Agreement is a revised scope-of-work for
JHK & Associates.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Agreement (Addendum
#9) with JHK & Associates and Baldwin vista, Ltd. for Transporta-
tion planning Services on the otay Ranch, a copy of which is on
file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vist
Presented by
App ov d a. A fo
y
~
George Krempl, Deputy city
Manager
Bruce M. Boogaard,
City Attorney
F:\home\attomey\jhk.9
~$/1J-1o
AGREEMENT (ADDENDUM #9) WITH
JHK & ASSOCIA1ES, INe.
FOR
lRANSPORTATION PIANNING ON TIlE OTAY RANCH
This Agreement is made this day of , 1993, for the purposes
of reference only, and effective as of the date last executed between the parties, between
the City of Chula Vista ("City") herein, a municipal corporation of the State of California,
and JHK & Associates, Inc., a professional California development consulting firm
("Consultant") and Baldwin Vista, Ltd. ("Applicant"), and is made with reference to the
following facts:
RECITALS
Whereas, the City of Chula Vista is interested in traffic consultant services to
assist in the planning of the Otay Ranch; and,
Whereas, JHK & Associates, Inc. has extensive experience with large
master-planned communities, the City of Chula Vista and the Otay Ranch; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required of
Consultant to City in accordance with the terms and conditions of this Agreement; and,
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
a. General Duties/Scope-of-Work
Consultant shall attend and respond to directives from the General Manager
on transportation-related matters, and attend such staff meetings, Joint Planning
Commission meetings and Joint Board of Supervisor/City Council meetings as may be
requested by the General Manager. In performing the services under this agreement,
Consultant shall bill only for the minimum skill level needed to perform the assigrunents in
a reasonable and competent manner.
b. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with that level
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8"/
of care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
c. Insurance
Consultant represents that it and its agents, staff and consultants employed by
it are protected by worker's compensation insurance and the Consultant has the coverage
under public liability and property damage insurance policies which this Agreement requires
to be demonstrated in the form of a certificate of insurance.
Consultant will provide, prior to the commencement of the services required
under this agreement the following certificates of insurance to the City prior to beginning
work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers liability
coverage.
General and Automobile Liability coverage to $1,000,000 combined single
limit which names City as an additional insured, and which is primary to any policy which
the City may otherwise carry ("primary coverage"), and which treats the employees of the
City in the same manner as members of the general public ("cross-liability coverage").
Errors and Omissions insurance to $250,000, unless Errors and Omissions
coverage is included in the General Liability policy.
All policies shall be issued by a carrier that has a Best's Rating of "A, Class
V", or better, or shall meet with the approval of the City's Risk Manager.
All policies shall provide that same may not be canceled without at least thirty
(30) days written notice to the City.
2. Duties of the City
a. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the economic analysis and to provide direction and guidance to accomplish the
analysis.
b. Compensation
The compensation to be paid by City to Consultant for all of the work
required herein shall be on a time and materials basis as set forth in the attached Exhibit
"A", but in total amount shall not to exceed $8,500.00, payable monthly not later than 60
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8"8"
days after receipt of a properly documented billing. For said compensation, Consultant
agrees to perform all of the services, provide the analysis and deliver the Work Product
herein required. Compensation for the services performed shall be payable only from funds
placed on deposit by Applicant, and from no other asset or resource of the City, a special
obligation which is not a burden upon, or appropriation from, the General Fund of the City.
c. Reductions in Scope-of-Work
City may from time to time reduce the Scope-of-Work by the Consultant to
be performed under this Agreement. City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the Fee associated with
said reduction.
d. Additional Scope-of-Work
In addition to performing the Defined Services herein set forth, City may
require Consultant to perform additional consulting services related to the General Duties
and Scope-of-Work ("Additional Services"), and upon doing so in writing, Consultant shall
perform same on a time and materials basis at the rates set forth on Exhibit "A". All
compensation for Additional Services shall be paid monthly as billed.
3. Duties of Applicant
Applicant agrees to pay to City all costs of City incurred in the retention of
Consultant under this agreement no later than 15 days after same has been incurred by City
Applicant agrees to make monthly payments in the amount of the monthly
compensation required herein of City to make payments to Consultant.
Applicant agrees that any and all assets deposited with the City in trust for the
purpose of processing Applicant's various entitlement applications may be used to pay
Consultant.
Applicant agrees that all security instruments given to City for the purpose of
securing other financial obligations of Applicant to City may also be used as security for the
financial obligation of Applicant under this Agreement.
4. Administration of Contract
The City hereby designates the General Manager of the Otay Ranch, or his written
designee, as its representative for the review and administration of the work performed by
Consultant herein required.
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5. Term
Consultant shall perform all of the Defined Services herein required of it by not later
than July 31, 1993, and. shall attend and respond to directives from the General Manager
on transportation-related matters, and otherwise meet other reasonable deadlines assigned
by the General Manager, and be present at such meetings as directed by the General
Manager.
6. Financial Interests of Consultant
Consultant warrants and represents that neither he, nor his immediate family
members, nor his employees or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which
is the subject matter of the Project, of ("Prohibited Interest") except as listed on an
attachment.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant
or Consultant Associates. Consultant promises to advise City of any such promise that may
be made during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that neither Consultant nor his immediate family members, nor his
employees or agents, shall acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities under this
Agreement.
7. Hold Hannless
Consultant shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agency or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful conduct of the city, its officers, or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, consultant at its own
expense shall upon written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the Consultant.
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8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this
Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination.
In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
reports and other materials prepared by Consultant shall, at the option of the City, become
the property of the City, and Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents an other materials
up to the effective date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the Deputy City Manager determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions in the plans or contract specifications, Consultant shall
reimburse City for the additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason for giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described herein above shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and
other materials to the effective date of such termination. consultant hereby expressly waives
any and all claims for damages or compensation arising under this Agreement except as set
forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City which City may unreasonable
deny.
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12. All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
consultant in the United States or in any other country without the express written consent
of City. City shall have unrestricted authority to publish, disclose as may be limited by the
provisions of the Public Records Act, distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, workers compensation benefits, injury leave or other leave benefits.
14. Responsible Charge
Consultant hereby designates that Daniel Marum shall be Consultant's representative
("Project Manager") to the project for the duration of the project. No substitution for this
position shall be allowed without written approval from the City.
15. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City of Chula Vista and
acted upon by the City of Chula Vista in accordance with the procedures set forth in
Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
16. Attorney's Fees
Should that dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of the claim, including costs
and attorney's fees.
- 6 -
2'''/ ..2..
17. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document as a result of the scope-of-work required of Consultant,
Consultant shall include, or cause the inclusion, in said report or document a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
- 7 -
8"'" / :J
SIGNATURE PAGE TO
AGREEMENT (ADDENDUM #9) WITH
JHK & ASSOCIATES, me.
lRANSPORTATION PlANNING ASSISTANCE ON OTAY RANCH
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
this _ day of , 1993.
CITY OF CHUlA VISTA
JHK & ASSOCIATES, me.
BY:
BY:
Tim Nader, Mayor
City of Chula Vista
William R. Reilly
Senior Vice President
ATTEST:
BALDWIN VISTA, Ltd.
BY:
BY:
Beverly Authelet
City Clerk
Gregory T. Smith
President
BY:
Attachment
jhk:\contract
- 8 -
?,'It(
Exhibit A
Western Consulting Division
Category Rates - July 1, 1992 through June 30,1993
EmDlovee Cateporv
T&M Rate
Senior Vice President
Associate Vice President
Senior Associate
Project Manager*
Sr Engineer/Sr Planner
EngineerlPlanner II**
EngineerlPlanner 1* *
Designer
Graphics
Drafter/CAD Operator
Secretarial
Traffic Technician! Analyst
Technician/Other Categories
155.00
117.50
98.75
107.00
84.50
70.50
5400
58.75
44.75
44.75
40.00
35.25
30.50
* "Project Manager" is a mix of Senior Engineers through Officers serving in a project
management role.
** II is used for higher salary levels, I for lower..
C',./.>"
<
COUNCIL AGENDA STA1'EMEI'\'T
ITEM TITLE:
Item d9
Meeting Date~}
RESOLUTION J '1 ~ 9 JTranSferring $2,500 of unused CDBG funds
from various sub-grantees to the Lutheran Social SerVices of California for
the "Thursday's Meal" program
SUBMITTED BY:
Community Development Director
City Manager,.,t ,,ful
c.. S ..
REVIEWED BY:
(4/5ths Vote: YES _ NO ....3._J
BACKGRO~'D: In July 1991, Lutheran Social Services and the South Bay Ecumenical
Council began a weekly meal program for homeless people. The "Thursday's Meal" program
currently serves 200 people, half of whom are children. The committee overseeing the program
has recently expanded to serve meals on Mondays at the Presbyterian Church. Lutheran Social
Services has sent the City Council a letter (see attached) requesting $2,500 to cover the cost of
utilities, maintenance, and insurance. This is a one-time request and immediately needed due
to the rapid growth of the program. Unused CDBG social services funds are available from
various sub-grantees. ..
RECOMME!\'DATlON: That the City Council adopt the resolution transferring $2,500 of
CDBG funds from various sub-grantees to the Lutheran Social Services of California for the
"Thursday's Meal" program
BOARDS/COMl\fiSSIONS RECOMMEl\'DA TlONS: Not applicable.
DISCUSSION:
The Thursday's Meal program was started by the South Bay Ecumenical Council, Lutheran
Social Services, and Chula Vista Human Services Council in July 1992. The purpose of the
program is to provide a weekly dinner meal, prepared and served by local church groups, to
homeless and needy families and individuals. The program is coordinated by Lutheran Social
Services and an ad-hoc committee of volunteers from various churches. Fay and Jerry Needle
of the Grandmothers Club provide on-site management and also pick-up food donations. To
date, over 500 volunteers from more than twenty religious organizations have prepared and
served meals. At the first meal served last July, a dozen people were served; currently, about
200 people are served each Thursday. The committee has recently added a Monday dinner
meal, which is prepared and served at the Presbyterian Church on Hilltop Street.
Due to the unexpectedly large response to the Thursday's Meal program, Lutheran Social
Services is making a one-time request for $2,500 of CDBG funds. Although the facility spaces
are provided without charge to the program, the Salvation Army and Presbyterian Church are
charging $15 per use for the cost of utilities and maintenance. In addition, Lutheran Social
Services must purchase paper products, plastic utensils, coffee, and cleaning supplies.
"-j
Page 2, Item 1% Z
Meeting Date ~~J
The ad-hoc committee is raising funds from the community to cover these expenses in the future,
as well as to expand the program to another night. However, the rapid growth of the program
has created an immediate need for the funds requested.
Unused CDBG social service funds are available from previous years. Several sub-grantees did
not use up their entire allocation, leaving amounts ranging from $200 to $1000.
FISCAL IMPACT: There is no impact to the general fund. The CDBG funds to be transferred
were allocated to sub-grantees in previous years but remain unexpended.
The funds are from the following accounts:
Jobs For Youth
Otay Comm. Clinic
Project Hand
Sweetwater UHSD
Shared Housing
TOTAL
647-647l-BG222
647-647l-BG237
647-6471-BG239
647-647l-BG249
647-6471-BG228
$ 1,036
767
282
200
215
$ 2,500
~
9,. :;.,
RESOLUTION
17Ptj :1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING $2,500 OF UNUSED CDBG FUNDS FROM VARIOUS SUB-
GRANTEES TO THE LUTHERAN SOCIAL SERVICES OF CALIFORNIA
FOR THE "THURSDAY'S MEAL" PROGRAM
WHEREAS, the City participates in the Community Development Block Grant
(CDBG) Program, a principal goal of which is to fund programs and services which will benefit
low and moderate-income Chula Vista households; and,
WHEREAS, the South Bay Ecumenical Council, Chula Vista Human Services
Council, and Lutheran Social Services have established a home repair program for senior
citizens; and,
WHEREAS, the City is desirous of having those certain services for the benefit
of low income households, hereinafter enumerated, performed by the Grantee, and
WHEREAS, CDBG funds are available for reappropriation from completed
projects; and,
NOW, mEREFORE, mE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMTh'E ORDER, AND RESOLVE AS. FOLLOWS:
SECTION I. The City Council transfers $2,500 from the following accounts to
Lutheran Social Services of Southern California for the Thursday's Meal Program (a new
project):
Jobs For Youth
Otay Comm. Clinic
Project Hand
Sweetwater UHSD
Shared Housing
TOTAL
647-6471-BG222
647-6471-BG237
647-6471-BG239
647-6471-BG249
647-6471-BG228
$ 1,036
767
282
200
215
$ 2,500
SECTION II. This Resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
SECTION III. The City Clerk shall certify to the passage and adoption of this
Resolution; shall enter the same in the book of original Resolutions said City; and shall make
a minute of the passage and adoption hereof in the minutes of the meeting at which the same is
passed and adopted.
- 9":;
Resolution
Page 2
Presented by:
Chris Salomone
Community Development Director
[DHARRIS :DISK-93-4\LSS2.RES]
...
- 9-,/
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Lutheran Social Services Df Southern CfiMoritia 0
March 25, 1993
Mayor Tim Nader and
The City Council of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and Council Members:
f""- - .~ .
Lutheran Social Services has been sponsoring a weekly congregate meal
program at the Salvation Army facilities (648 Third Avenue) since July of
1992. By the end of February we had served 3,302 people. 1,363 of whom
were childrenl Most of these people are the working poor of the South Bay,
with the number of homeless growing.
I am proud to say that this meal is served by congregations and organiza-
tions from all over San Diego County. To date a total of 539 volunteers
have generously given 1,499 hours of their time towards this effort.
Due to the growing numbers of those in need we will begin offering another
weekly meal on Monday, March 22. at Chula Vista Presbyterian Church.
The volunteers are in place for months in advance, and we expect those we
serve will be comparable in size to our meal on Thursday. Before the end of
the year o'.lr gOlll it;; 10 ad<': yel anoti'llll cOlIgregcila In"'ol on tsither Tuesday UI
Wednesday evening.
Currently we pay $15 per week at each site for utility and maintenance fees.
Over the course of a year these costs total $1.560. We also purchase
annually another $2,000 in paper products, utensils, coffee, and cleaning
supplies. Lutheran Social Services charges a nominal fee of $500 annually
for providing liability insurance, bookkeeping and program management.
Though proceeds of $500 are anticipated from congregational gifts a
yet unknown percentage will be received from the Crop Walk, we
financial need of $2,500.
Mayor and Council
Page Two
March 25, 1993
On behalf of this program we are asking the City of Chula Vista for $2,500
- from CDBG funds to help meet current expenses and to expand this program
to one more night before the end of 1993. Next year we calculate our
financial need to be substantiallv less, since our financial resources base is
growing slowly and steadily.
This program serves a nutritious meal to mostly low-income families in Chula
Vista. The bulk of this meal is provided and served by volunteers. It is a
real need in the community and, therefore, I believe it is worthy of your
consideration. Please feci welcome to spend an evening with us and see
first-hand this wonderful cooperative effort.
Perhaps the City Council would like to put together a meal and serve itl
would be pleased to help you do that, if your time permits.
Thank you for your consideration in these matters. I have appreciated your
support in the past. J loo,k forward to hearing from you soon.
Respectfully,
~!;~~
Area Director for San Diego County
.13 , ,-t,
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 5/4/93
ITEM TITLE: Resolution /71tl / authorizing temporary street closures on May 29, 1993,
for a 5K/5 Mile road race sponsored by the Bonita Road Runners
SUBMITTED BY: Director of Parks and RecreatioQ/l./
REVIEWED BY: City ManagerJ~ ~ ~ (4/5ths Vote Yes_No..x1
The Bonita Road Runners organization is requesting permission to conduct a 5K and 5 Mile road race
around Rohr Park on Saturday, May 29, 1993.
RECOMMENDATION:
That the City Council approve the Resolution subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Bonita Roadrunners organization is requesting permission to conduct their
ninth annual road race on Saturday, May 29, 1993. A large portion of the race is to be conducted on
the streets surrounding Rohr Park, including Sweetwater Road, Bonita Road, Central Avenue and Willow
Road. A map of the proposed race routes is included as Attachment "A".
The 5K race is scheduled to start at 7:30 AM, and the 5 Mile race will begin at approximately 8: 15 AM.
The Roadrunners are expecting approximately 450 participants. All runners are expected to complete the
races and be clear of City streets by 9:30 AM.
The sponsor is requesting support from the Chula Vista Police Department to coordinate traffic control
for the event. This control will include temporary street closures that will result in traftic delays on
Willow and Sweetwater. The sponsor has requested that the north bound lane of Willow Road be closed
to vehicular traftic during most of the race to allow race participants a better corridor of safety as they
cross the Willow Street bridge. The Police Department will monitor traftic in this area, and will allow
for single lane traftic flow both north and south bound on an alternating basis. Sweetwater Road will be
closed temporarily on two occasions to allow for the start of both the races. Traftic should not be
affected on Central and Bonita. All costs associated with this support will be reimbursed to the City by
the Roadrunners.
The sponsor is also requesting support from the Parks and Recreation Department to help them facilitate
parking and pre-and post race activities in Rohr Park. The sponsor will pay for all costs incurred by the
Department.
Approval of the request shall be subject to the following staft' conditions. The Bonita Roadrunners shall:
1. Provide evidence of general liability insurance in the amount of $1 million, in the form of a
certificate of insurance and policy endorsement, which names the City of Chula Vista as
additional insured.
2. Sign and submit a standard City Hold Harmless Agreement.
/1/'/
3. Make arrangements to provide adequate traffic control along the entire race course, as determined
by tbe Police Department. The cost for said arrangements will be reimbursed to the City by the
sponsor.
4. Make arrangements to provide adequate parking control, and crowd control, as determined by
the Park Ranger. The cost for said arrangements will be reimbursed to the City by the sponsor.
5. Make arrangements to clean-up any litter generated by tbe event along all roadways and in Robr
Park.
FISCAL IMPACT: None. All required Police and Park Ranger costs will be paid for by tbe Bonita
Roadrunners.
Attachment "A" -Site Diagram
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RESOLUTION NO.
17//)/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON MAY 29, 1993, FOR A 5K/5 MILE ROAD
RACE SPONSORED BY THE BONITA ROAD RUNNERS
WHEREAS, the Bonita Road Runners organization is
requesting permission to conduct a 5K and 5 Mile road race around
Rohr Park on Saturday, May 29, 1993; and
WHEREAS, a large portion of the race is to be conducted
on the streets surrounding Rohr Park, including Sweetwater Road,
Bonita Road, Central Avenue and willow Road; and
WHEREAS, the 5K race is scheduled to start at 7:30 A.M.,
and the 5 Mile race will begin at approximately 8:15 A.M. with the
approximately 450 participants expecting to complete the races and
be clear of City streets by 9:30 A.M.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby authorize temporary street
closures on May 29, 1993 for a 5K/5 Mile road race sponsored by the
Bonita Road Runners subject to the following staff conditions:
1. Provide evidence of general liability insurance in the amount
of $1 million, in the form of a certificate of insurance and
policy endorsement, which names the city of Chula vista as
additional insured.
2. Sign and submit a standard city Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control along
the entire race course, as determined by the Police
Department. The cost for said arrangements will be reimbursed
to the city by the sponsor.
4.
Make arrangements to provide adequate parking
crowd control, as determined by the Park Ranger.
said arrangements will be reimbursed to the
sponsor.
control, and
The cost for
ci ty by the
5.
Make arrangements to clean-up any litter
event along all roadways and in Rohr Park.
ted by the
Presented by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M.
Attorney
F:\home\attomey\bonitaSK
1/1,..5
COUNCIL AGENDA STATEMENT
REVIEWED BY: City Manager JGl , ~
(4/5ths Vote: Yes_No...K..)
On March 23, 1993, by Resolution No. 17045, Council adopted the Resolution of Intention to order the
acquisition and financing of the Auto Park development public improvements, pursuant to the Municipal
Improvement Act of 1913. Tonight's action continue the formal proceedings leading to the establishment
of the Auto Park Assessment District No. 92-2 and constitutes the preliminary approval of the
"Engineer's Report", as required by the Resolution of Intention. In addition, the date, place and time
for each of the two required public hearings is set.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The public improvements proposed to be financed through the Assessment District proceedings include
pavement, drainage facilities, curb, gutter, sidewalk, landscaping, street lighting, sewer mains, sewer
pump station, storm drain system and miscellaneous appurtenant structures. The acquisition of right-of-
way for Otay Valley Road widening and Brandywine Avenue and Auto Mall Drive construction within
the proposed district is also included. The estimated total project cost is $2,754,367 consisting of
$1,144,658 for construction and $1,611,046 in incidental expenses such as design engineering, plan
checking costs, inspection costs, consultant fees, right-of-way acquisition, City administration, bond
reserve and discount allowances. Since only an estimated $1,985,683 can be assessed to the land in the
district, a developer contribution of $770,021 is required to lower the assessment to the City standard
(3:1 value to lien ratio). Also included in the incidental costs is the acquisition of the underlying Otay
Valley Road assessment ($341,312); this will eliminate the overlapping of liens for the proposed
Autopark district.
Initially, the total assessment, $1,985,683, will be levied on one parcel containing all the land included
in the Auto Park Assessment District. A parcel Map to subdivide the property into four parcels is
currently being processed. After approval and recordation of the map, which is planned to take effect
prior to the Public Hearing, the total assessment will be reapportioned among the new four parcels.
The proposed assessment is within Council Policy which requires a minimum land value to lien ratio
of 3: 1. A recent appraisal conducted by Kibbey and Samppala Group estimates a prospective value "as
IJ~ /
Page 2, Item ) J
Meeting Date 5/4/93
if" fully improved of $9.00 per square foot or $5,957,048 for the total 15.195 net acres to be in the
district. The value to lien ratio is calculated as follows:
value =
lien
$5,957,048 = .2..
$1,985,683 1
This assessment could be discharged at any time or paid off over a period of 20 years with annual
payments collected on the property tax bill of approximately $210,000 at current interest rates.
Construction of the Assessment District improvements is projected to be completed by the end of 1993.
The developer will front the funds required for construction. Once the improvements are completed and
accepted by the City, they will be purchased using bond sale proceeds.
New assessment district legislation, which took effect on January 1, 1993, requires that there be two
public hearings before an assessment district may be formed. Adoption of tonight's resolution will set
the two public hearings for June 8 and 22, 1993. After the second hearing, the district may be formed
and the assessment levied.
FISCAL IMPACT: None. The developer has already signed a Reimbursement Agreement with the
City, in which he agrees to advance all City expenses related to the proposed assessment district
formation.
In accordance with current policy, assessment districts with four parcels or less (like the Autopark) are
exempted from the payment of the 1 % origination charge. Staff is currently preparing a proposal to
Council revising the policy to change the origination charge schedule and require payment from all
assessment districts. The earliest this revision could come into effect is by late June 1993. As part of
the approval of the new policy, staff will request that Council determine if projects in process (i.e.
Autopark) will be subject to the new provisions.
LdeT/AY-090
WPC F:\HOM:E'lENGINEER"fJubhr.922
042693
Attachment: Preliminary Engineer's Report
//~~
RESOLUTION NO. I 'J I Cl.2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA PASSING ON THE "REPORT" OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR
TWO PUBLIC HEARINGS IN ASSESSMENT DISTRICT NO. 92-2
(AUTO PARK)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
has instituted proceedings for the installation of certain public works
of improvement and appurtenances under provisions of the "Municipal
Improvement Act of 1913" 1 being Division 12 of the streets and Highways
Code of the State of California, in a special assessment district known
and designated as ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, there has been prepared and filed with the legislative body
a "Report" provided for in Sections 10203 and 10204 of the Streets and
Highways Code of the State of California, and this "Report" has been
presented for consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted by the legislative body; and the "Report" as now
presented shall stand as the "Report" for the purpose of subsequent
proceedings hereunder.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report" of the Engineer referred to herein-
above is considered adopted, passed upon, and preliminarily approved, as
follows:
A.
improvements to be
hereby preliminarily
That the plans and specifications for
made, contained in said "Report" be,
approved and adopted;
the
and
proposed
they are
B. That the Engineer's estimate of the itemized and
total costs and expenses of said acquisition, where necessary, and
improvements, and of the incidental expenses in connection therewith,
contained in said "Report", be, and each of them are hereby preliminarily
approved and adopted;
C. That the diagram showing the Assessment District
referred to and described in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivisions of land within
said Assessment District. as the same existed at the time of the passage
of said Resolution of Intention, each of which subdivisions have been
given a separate number upon said diagram, as contained in said "Report",
be, and it is hereby preliminarily approved and adopted;
11"3
D. That the proposed assessment upon the several
subdivisions of land in said Assessment District, in proportion to the
estimated benefits to be received by such subdivisions, respectively,
from said acquisition and improvements, and of the incidental expenses
thereof, as contained in said "Report", be, and they are hereby prelimi-
narily approved and adopted;
E. That the maps and descriptions of the lands and
easements to be acquired, as contained in said "Report" be, and the same
are hereby preliminarily approved.
SECTION 3. That said "Report" shall stand as the Engineer's
"Report" for the purpose of all subsequent proceedings had pursuant to
said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS ARE
HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, CHULA VISTA, CA, ON THE FOLLOWING
DATES AND TIMES:
A. FIRST PUBLIC HEARING: JUNE 8, 1993 AT 6:00 P.M.
B. SECOND PUBLIC HEARING: JUNE 22, 1993 AT 6:00 P.M.
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE
PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO
THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT
BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND
THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE
DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC
HEARING.
SECTION 5. That the City Clerk is hereby directed to mail notice of
said Public Hearing and the adoption of the Resolution of Intention and
of the filing of the "Report" to all persons owning real property
proposed to be assessed, whose names and addresses appear on the last
equalized assessment roll for County taxes prior thereto, or as known to
said Clerk, and to all other persons as prescribed in accordance with the
provisions of said Division 12.
SECTION 6. That the City Clerk is hereby further directed to file a
copy of the proposed boundary map in the Office of the County Recorder
within fifteen (15) days of the adoption of the proposed boundary map;
said boundary map to be in the manner and form as set forth in Division
4.5 of the Streets and Highways Code of the State of California.
Presented by
as to f r
~
John P. Lippitt
Public Works Director
Bruce M. Boogaard
City Attorney
)/,[/
PASSED, APPROVED, and ADOPTED
Chula Vista, California, this
by the following vote:
by the City
day of
council of the City of
1993,
AYES: Councilmembers:
NOES: councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authe1et, city Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
55.
I, Beverly A. Authelet, city Clerk of the city of Chula vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council held on
the day of , 1993.
Executed this
day of
, 1993.
Beverly A. Authelet, City Clerk
//-5 /11-6
~J/
ASSESSMENT DISTRICT NO. 92-2
(ACQUlSlfION)
AUTOPARK
CITY OF CHULA VISTA
Mayor
Tim Nader
City Council Members
Robert P. Fox
Jerry R. Rindone
Leonard M. Moore
Shirley Horton
City Staf;
John D. Goss, City Manager
John P. Lippitt, Director of Public Works
Bruce Boogaard, City Attorney
Cliff Swanson, City Engineer
Assessment Team
City of Chula Vista, Assessment Engineer and Project Management
Bro~n, Diven, & Hentschke, Bond Counsel
Stone & Youngberg, Underwriter
Preliminary approval by the City Council of the City of Chula Vista on the
. 1993.
day of
City Clerk, City of Chula Vista
Final approval and confmnation by the City Council of the City of Chula Vista on the
day of . 1993.
City Clerk, City of Chula Vista
~,-\ / /- '7
ASSESSMENT DISTRICT NO. 92-2
(ACQUISITION)
AUTOPARK
CITY OF CHULA VISTA
TABLE OF CONTENTS
SECTION A - ORDER OF PROCEDURE AND SCHEDULE OF EVENTS ......... 1
SECTION B - GEl\'ERAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
SECTION C - RESOLUTION OF INTENTION .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
ENGINEER'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . .. . .. .. . . . .. 4
PART 1 - PLANS AND SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . .. 6
PART II - COST ESTIMATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
PART III - ASSESSMENT ROLL ................................. 9
PART IV - ANNUAL ADMINISTRATIVE ASSESSMENT ............... 16
PART V - DIAGRAM OF ASSESSMENT DISTRICT.. . .. . .. .. .. .. . . . .. 17
PART VI - DESCRIPTION OF WORKS OF IMPROVEMENT. . . . . . . . . . . .. 18
.
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 20
t I ~ 8
p-~
SECTION A
ORDER OF PROCEDURE
AND
SCHEDULE OF EVENTS
ASSESSMENT DISTRICT NO. 92-2
Event
Date
1. Adopt Boundary Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. March 23, 1993
2. Resolution of Intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. March 23, 1993
3. Presentation of Preliminary Engineer's Report. . . . . . . . . . . . . . . .. May 4, 1993
4. Acquisition Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 22, 1993
5. Public Hearing Confmnation of Assessments ............ June 8 and 22, 1993
(~- '3
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Page 1
WPC F:\HOME'ENGl.'-"EER\770.93
SECTION B
GENERAL INFORMATION
ASSESSMENT DISTRlCT 92-2
The Assessment District is proposed for the purpose of acquiring certain public improvements
under the Municipal Improvement Act of 1913. The general administration of this District will
be undertaken by the City of Chula Vista and all official actions will be made by the City
Council.
Following the public hearing to confmn the assessments, the property owner has thiny (30) days
in which to pay all or any portion of this assessment without interest or penalty. Each property
owner has the option of paying their total proportional share in cash, or by paying each in
installments through the issuance of assessment bonds. If the property owner elects not to pay
the assessment within the 30 day cash collection period, assessment bonds, in the amount of the
unpaid assessment, will be sold to cover the cost of the assessment. The total cost may include,
but is not limited to, such items as construction costs, design costs, legal fees, various consultant
fees, printing and publication charges, and costs of servicing bonds.
The cost of the acquisition of these improvements and incidentals is assessed and spread
proportionally over every parcel of land within the District that has received an improvement or
has benefitted by the improvement. The method of making the assessment spread is in
accordance with the benefits received. The level of benefit varies according to land use and
utilization of the improvements funded.
Acquisition Construction Cost $1,144,658
Incidental Expenses 1,330,270
Less Developer Contributions (770,021 )
Cost of Issuance 280,776
Balance to Assessment $1,985,683
Additional information may be obtained by contacting the Office of the Public Works Director,
John P. Lippitt.
(-4- Y
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Page 2
WPC F:\J-JOME'C.NGTho'EER\770.93
SECTION C
RESOLUTION OF INTENTION
(Copy follows: Resolution is on file in the Office of the City Clerk)
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Page 3
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RESOLUTION NO. 17045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING INTENTION TO ORDER THE INSTALLATION OF
CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT;
DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS IN ASSESSMENT DISTRICT NO. 92-2 (AUTO
PARK)
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLO~S:
SECTION 1.
The public interest Ind convenience require, and it is the
intention of this bOdy, pursuant to the provisions of Division 12
of the Streets and Highways Code of the State of California (the
-Municipal Improvement Act 1913.), to order the installation of
certai n public improvements, together wi th Ippurtenances Ind
Ippurtenant work, in I special Issessment district knolo'Tl Ind
des i gnated IS ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK)
(hereinafter referred to IS the -Assessment District.).
DESCRIPTION OF IMPROVEMENTS
A. The financing of certlin public improvements described IS
street improvements, including but not limited to paving,
curb, gutter, si dewa H, street li ghts, lIledi ans, water
improvements, sewer improvements, pump station, storm
drains, electrical Ind communication flcilities, gas
flcil i ties Ind landsclpi ng, together with Ippurtenances and
Ippurtenant work, IS well IS Icquisition of necessary
rights-of-way, to serve Ind benefit properties within the
boundaries of the Assessment District.
B. Slid streets, rights-of-wIY and elsements shall be sholo'Tl
upon the plans herein referred to and to be fUed with
these proceedings.
C. All of said work and improvements are to be installed It
the pllces Ind in the particullr locltions, of the forms,
sizes, dimensions and materials, and It the lines, grldes
and elevltions IS sholo'Tl Ind delineated upon the plans,
profiles and specificltions to be "de therefor, IS
herei nlfter provided. .
D. The description of the improvements contained in this
Resolution is generll in nature, and the pllns and profile.'
of the work IS contained in the Engineer's -Report. shal
be controlling IS to the correct and detliled description
thereof.
p-u
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Resolution No. 17045
Page 2
SECTION 2.
ECTlON 3.
DESCRIPTION OF ASSESSMENT DISTRICT
That said improvements and work are of direct benefit to the
properties and land within the Assessment District, and this
legislative body hereby IIakes the expenses of said work and
improvement chargeable upon a district, which is described as
follows:
All that certain territory in the District included within
the exterior boundary lines shown the plat exhibiting the
property benefitted and to be assessed to pay the costs and
expenses of said work and improvements in the Assessment
District, said map titled and identified IS .PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 92.2 (AUTO PARK).,
and which map was heretofore approved and which said map is
on file with the transcript of these proceedings, EXCEPTING
therefrom the area shown within the area of all public
st reets, easements or public ri ghts-of-way. For all
particulars as to the boundaries of the Assessment
District, reference is hereby lllade to said previously
approved boundart map.
REPORT OF ENGINEER
That thi s proposed improvement is hereby referred to
SUPERINTENDENT OF STREETS, who is hereby directed to make and
file the report in writing containin~ the following:
A.
B.
D.
E.
C.
Plans and specifications of the proposed improvements;
An estimate of the cost of the proposed works of
improvement, including the cost of the incidental expenses
in connection therewith;
A diagram showing the Assessment District above referred
to, which shall also show the boundaries and dimensions of
the respective subdivisions of land within said Assessment
District, as the same existed at the time of the passage of
the Resolution of Intention, each of which subdivisions
shall be given a separate number upon said Diagram;
A proposed assessment of the total amount of the assessable
costs and expenses of the proposed improvement upon the
several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, respectively,
from said improvement. Said asses.sment shall refer to such
subdivisions upon said diagram by the respective numbers
thereof;
The description of the works of improvement to be installed
under these proceedings, and acquisition, where necessary.
~-l
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:
SECTION 4.
Resolution No. 17045
Page 3
When Iny portion or percentage of the cost Ind expenses of tl.
improvement is to be paid from sources other than Issessments,
the Imount of such portion or percentlge shill first be deducted
from the total estiaated costs and expenses of said work Ind
improvements, and slid assessment shall include only the
remainder of the estimated costs Ind expenses. Said Issessment
shall refer to said subdivisions by their respective numbers IS
assigned pursuant to Subsection D of this section.
BONDS
Noti ce is hereby gi ven that bonds to represent the unpa i d
Issessments, Ind bear interest It the rite of not to exceed the
current legal Ilaximum rate of 12% per Innum, wi 11 be issued
hereunder in the Ilanner provided in the "Improvement Bond Act of
1915", being Division 10 of the Streets IndHighways Code of the
State of Cllifornil, which bonds shill be issued not to exceed
THIRTY-NINE (39) YEARS from the second day of September next
succeeding twelve (12) ~nths from their date. The provisions of
Part 11.1 of said Act, providing In Ilternative procedure for the
Idvance payment of Issessments and the cllling of bonds shall
Ipply.
The principal Imount of the bonds ~turing each year shall .
other than In Imount equal to an even .Innual proportion of th
Iggregate prinCipal of the bonds, Ind the Imount of principal
maturing in each year, plus the Imount of interest payable in
that year, will be generally In Iggregate amount that is equal
each year, except for the first year's Idjustment.
Pursuant to the provisions of the Streets Ind Highways Code of
the State of California, specifically Section 10603, the
Treasurer is hereby designated IS the officer to collect Ind
receive the Issessments during the clsh collection period. Said
bonds further shall be serviced by the Treasurer or designated
Paying Agent.
Refunding
Any bonds issued pursulnt to these proceedings Ind Division (a)
Ilay be refunded, (b) the interest rite on Slid bonds shall not
exceed the ~xillum interest rite as authorized for these
proceedings, Ind the number of years to ~turity shill not exceed
the maxillum number IS authorized for these bonds unless a public
hearing is expressly held IS luthorized pursuant to said Division
11.5, Ind (c) any Idjustllents in assessments resulting from any
refundings will be done on I pro-rite basis. .
Any authorized refunding shall be pursuant to the Ibov
conditions, and pursuant to the provisions Ind restrictions 01
Division 11.5 of the Street and Highways Code of the Stlte of
i~-S l(-(4
Resolution No. 17045
Page 4
SECTION 5.
SECTION 6.
SECTI ON 7.
SECTION 8.
California, commencing with Section 9500, and 111 further
conditions shall be set forth in the Bond Indenture to be
., approved prior to any issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913'
That except as herein otheT"olise provided for the issuance of
bonds. all of 58 i d improvements shall be ..de and ordered
pursuant to the provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the
State of California.
SURPLUS FUNDS
That if any excess shall be realized from the assessment, it
shall be used, in such amounts as the legislative body lIay
determine, in accordance with the provisions of llw for one or
more of the following purposes:
A. Transfer to the general fund; provided that the amount of
any such transfer shall not exceed the lesser of One
Thousand Dollars ($1,000.00) or five percent (5%) of the
total from the Improvement Fund,
B. As a credit upon the assessment and any supplemental
assessment; or
C. For the maintenance of the improvement, or
D. To all bonds.
SPECIAL FUND
The legislative body hereby establishes a special improvement
fund identified and designated by the name .of this Assessment
District, and into said Fund 1I0nies may be .transferred at any
time to expedite the .aking of the illprovements herein
authorized, and any such advancement of funds is I loan and shall
be repaid out of the proceeds of the sale of bonds as authorized
by law.
PRIVATE CONTRACT
Not i ce is hereby gi ven that the public interest wi 11 n6t be
served by allowing the property owners to take the contrlct for
the installation of the improvements, and that, as authorized by
law, no. notice of award of contract shall be published.
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SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTI ON 13.
Resolution No. 17045
Page 5
GRADES
That notice is hereby given that the grade to which the work
shall be done is to be shown on the plans Ind profiles therefor,
which grade may vary from the existing grades. The work herein
contemplated shall be done to the grades IS indicated on the
plans Ind specifications, to which reference is lllade for a
description of the grade It which the work is to be done. Any
objecti ons or protests to the proposed grade shall be made at the
public hearing to be conducted under these proceedings.
PROCEEDINGS INOUIRES
For Iny Ind 111 infonllati on relating to these proceedi ngs,
including information relating to protest procedure, your
attention is directed to the person designated below:
JOHN P. LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
PUB LI C PROPERTY
A 11 pub 1 i c property in the use Ind performance of a pub 1 i c
function shall be omitted from ISsessment in these proceedings
unless expressly provided Ind listed herein.
ACOU I S I TI ON
That the public interest, convenience and necessity requires that
certain land, rights-of-way or elSements be obtained in order to
Illow the works of improvement IS proposed for this Assessment
District to be Iccomplished. The Engineer's -Report., upon
Idoption, shall Set forth I general description of the location
Ind extent of easements Ind/or llnd necessary to be Icqui red.
NO CITY LIABILITY,
This legislative bOdy hereby further declares not ,to Obligate
itself to Idvance Ivailable funds from the Treasury to cure any
deficiency which IllaY occur in the bond redemption fund.' This
determination is ..de pursuant to the luthority of Section
B769(b) of the Streets Ind Highways Code of the State of
California, Ind said determination shall further be set forth ;'
the text of the bonds issued pursuant to the .Improvement 801
Act of 1915".
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Resolution No. 17045
Page 6
PETITION
SECTION 14. .. That a petition signed by property owners representing IlOre than
.. 60% in erea of the property subject to assessment for sa i d
improvement has been signed and filed with the legislative body,
and no further proceedings or actions will be required under
Di vi s i on 4 of the Streets and Hi ghways Code of the State of
California, the .Special Assessment Investigation, Li~itation and
Majority Protest Act of 1931",
SECTION 15.
'ECT]OI, 16.
Presented by
WORK ON PR]VATE PROPERTY
It is hereby further determined to be in the best public interest
and convenience and more economical to do certain work on private
property to eliminate any disparity in level or size between the
improvements and the private property. The actual cost of such
work is to be added to the assessment on the lot on which the
work is done, and no work of this nature is to be performed
until the written consent of the property owner is first
obtained.
ANNUAL ADMIN]STRAT]VE ASSESSMENT
]t is hereby declared that this legislative body proposes to levy
an annual assessment pursuant to Section 10204 of the Streets and
High~ays Code of the State of California, said annual assessment
to pay costs incurred by the City and not otherwise reimbursed
which result from the administration and collection of
assessments or from the administration or registration of any
associated bonds and reserve of.other related funds.
JO~iPP(/~
Orrector of Public Works
Bruce M. Boogaard
City Attorney
r-
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Resolution No. 17045
Page 7
'.'
.
.
PASSED, APPROVED and ADOPTED by the City Council of the City of Chu ,"
Vista, California, this 23rd day of March, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Jf7lu~,-
Tim Nader, Mayor
ATTEST:
.
.
r, r I) /", /
!)/~.))' (/ ((1 (;f:'Pf
Belerly 1<. Authelet, City Clerk
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17045 was duly passed, approved,
and adopted by the City Council held on the 23rd day of March, 1993.
ss.
Executed this 23rd day of March, 1993.
".
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AGENCY: CITY OF CHULA VISTA
PROJECT: ASSESSMENT D,'TRICT NO. 92-2 (AUTO PARK)
TO: CITY COUNCIL
ENGINEER'S "REPORT"
PURSUANT TO THE PROVISIONS
OF SECTION 10204 OF THE
STREETS AND HIGHWAYS CODE
Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code .of the State of California, and in accordance with the Resolution
of Intention, being Resolution No, 17045, adopted by the City Council of the City of Chula Vista,
State of California, in connection with the proceedings for Assessment District No. 92-2 (Auto
Park) (hereinafter referred to as the "Assessment District"), I, the appointed Superintendent of
Streets, submit herewith the "Repon" for the Assessment District, consisting of six (6) pans as
follows:
PART I
Plans and specifications for the proposed improvements are filled herewith and made a pan
hereof. Said plans and specifications are on file in the Office of the City Clerk.
PART II
An estimate of the cost of the pI ,'.c.sed improvements, including incidental costs and expenses
in connection therewith, is as set fonh on the lists thereof, attached hereto, and are on file in the
Office of the City Clerk,
PART III
A proposed assessment of the total amount of the costs and expenses of the proposed
improvements upon the several subdivisions of land within the Assessment District, in proportion
to the estimated benefits to be received by such subdivisions, from said improvements, is set
fonh upon the assessment roll fIled herewith and made a pan hereof.
PART IV
The proposed maximum annual assessment to be levied upon any subdivision or parcel of land
within the Assessment District to pay the costs incurred, and not otherwise reimbursed, resulting
from the administration and collection of assessments and/or administration and registration of
bonds and other funds,
'W'PC F:\HOM:E'ENGINEER\770.93
Page 4
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PART V
A diagram showing the Assessment District, the boundaries and the dimensions of the
subdivisions of land within said Assessment District, as the same existed at the time of the
passage cf the Resolution of Intention, is filed herewith and made a pan hereof, and pan of the
assessment
PART VI
A. Description of the work for the proposed improvements;
B. Description of all rights-of-way, easements and lands to be acquired, if necessary;
C. Environmental certification.
This Preliminary Report dated this ;Z 7
day of fJ p,... }
12
. 1993.
, ,
J n P. Lippitt
uperintendent of Street
City of Chula Vista
State of California
This Final Report dated this
day of
. 1993.
John P. Lippitt
Superintendent of Streets
City of Chula Vista
State of California
WPC BIIOME'CNGINEER\770.93 Page 5
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ENGINEER'S REPORT
PART I
PLANS AND SPECIFIC A TIONS
ASSESSMENT DISTRICT NO. 92-2
The plans and specifications for this Assessment District are referenced herein and incorporated
as if attached and a part of this "Report". Said plans and specifications are on me in the Offices
of the City Clerk and the Superintendent of Streets.
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Page 6
WPC F:\HOME'ENGINEER\770.93
ENGINEER'S REPORT
P.\RT II
COST ESTIMATE
ASSESSMENT DISTRICT NO. 92.2
CONSTRUCTION COST (See Pages 8a-8d) PREUMINARY CONFlRMED
Streets $602.254
Water 117.054
Sewer 150.704
Stonn Drain 170.586 .
Subtotal Construction Cost $1.040.598
Contingency (10%) 104.060
Total Construction Cost $1.144.658
INCIDENTAL EXPENSES
I. Right-of- Way Acquisition $738.230
2. Outstanding Lien (Otay Valley Road 341.312
Assessment District 90-2)
3. Surveying 23.000
4. Landscape Architect 8.100
5. Civil Engineering 79.200
6. Soils Engineering 35.000
7. Construction Administration 20.000
8. Public Agency (Project Management & 20.000
Assessment Engineering)
9. Bond Counsel 17,428
10. Appraiser 6.000
II. Pennit Fees
Otay Water District 9,000
City of OJula Vista 22.000
12. Printing & Advertising 1.000
13. Bond Printing. Servicing & Registration 10.000
Total Incidentals $1.330.270
Developer Contribution (770.021)
Subtotal Construction Expenses $1.704.907
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Page 7
WPC F:'JiOME'E.NGTht'EER\770.93
COST OF ISSUANCE
Capitalized Interest (1.14%) $22,638
Bond Discount (3%) 59,570
Reserve Fund (10%) 198,568
Subtotal Cost of Issuance $280.776
Balance 10 Assessment $1.985.683
Page 8
WPC F:\HOME'E.NGINEER\770.93
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EXHmIT "A"
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the provisions
of the "Municipal Improvement Act of 1913", must be based on the benefit that the properties
receive from the works of improvement. The statute does not specify the method or formula that
should be used in any special assessment district proceedings. The responsibility rests with the
Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and
determining the correct apportionment of the assessment obligation.
The Assessment Engineer makes his recommendation at the public hearing on the Assessment
District, and the fmal authority and action rests with the City Council after hearing all testimony
and evidence presented at the public hearing. At the conclusion of the public hearing, the City
Council must take the final action in determining whether or not the assessment spread has been
made in direct proportion to the benefits received.
First of all, it is necessary to identify the benefit that the public improvement will render to the
propenies within the boundaries of the Assessment District. The overall benefit derived by the
properties within the proposed boundary of the assessment district is the construction of the
public improvement which will enable the propeny to develop. The public improvements have
been previously itemized within Pan II, Estimate of Cost, and relate to the following:
1. Brandywine Avenue from Otay Valley Road to the south boundary of Assessment District
No. 92-2. Includes right-of-way acquisition.
2. Auto Mall Drive within the boundary of Assessment District No. 92-2. Includes right-of-
way acquisition.
3. Olay Valley Road widening to provide an eastbound right turn lane to Brandywine
Avenue. Includes right-of-way acquisition.
4. Sewer lines and pump station within the boundaries of Assessment District No. 92-2.
5. Main infrastructure, water, sewer, and storm drains transversing and serving commercial
lots within the boundaries of the proposed district.
The properties within the Assessment District boundary are currently undeveloped. Because of
the interrelationship of the various public improvements needed for public development, the
assessment district funding and construction mechanism is an efficient way to fund and construct
the improvements.
The Assessment method and formula is based on the ultimate land use contained in the Land Use
Element of the City of Chula Vista General Plan and approved Tentative Parcel Map No. 92-05
for the Autopark development. Current Zoning is I-L-P (Limited Industrial) which allows auto
dealer activities under a conditional use permit.
WPC F:\HOMF-ENG~"EER\770.93
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Page 12
STREET IMPROVEMENTS
ITEM No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
DESCRIPTION
A. C. BERM
CURB MEDIAN
CURB AND GU'ITER
SIDEWALK
PEDESTRIAN RAMP
CONCRETE PAVEliENT(8" ON 5")
A. C. PAVEliENT(3' ON 11")
A. C. PAVEMENT(3" ON 8)
A. C. OVERLAY
STREET SURVEY MONUMENTS
RELOCATE STREET LIGHT
NEW STREET LIGHTS
CHAINLINK FENCE 6"
M. B. GUARD RAIL
GUARD POST
BARR I CADE
SIGNS
STRIPPING
TRAFFIC SIGNAL SYSTEli
CUTOFF WALL(G-22)
LANDSCAPING
TOTAL
ESTIMATE
$17,948
3,427
54,240
38,251
3,780
32,886
268,951
17,646
1,170
2,970
2,000
22,050
1,034
1,496
420
760
2,160
600
95,000
665
34,800
$602,254
P - 'I
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ACTUAL
?d
II. WATER IMPROVKl1ENTS
ITEM No. DESCRIPTION ESTIMATE AcruAL
1 WATERl1AIN 10" (CLASS 150) $81,144
2 12" GATE VALVE 4,080
3 10" GATE VALVE 3,780
4 FI RE HYDRANT, 3 WAY 19,110
5 2" BWoKlFF ASSEl1BLY 4,320
6 2" AIR RELEASE VALVE 4,620
---------
TOTAL $117,054
c: - d:) It *16
?b
II 1. SEWER IMPROVEHENTS
ITKl1 No.
1
2
3
4
5
6
7 *
DESCRIPTION
ESTIMATE
ACTUAL
8" PVC SEWER
4" PVC FORCIlMAIN
CONCRETE ENCASEMENT
SEWER MANHOLE
CHAINLINK FENCE 6'
CUTOFF WALL (S-9)
PUMP STATION
$36,518
34,182
740
12,000
1,034
260
65,970
TOTAL
$150,704
* PUMP STATION COST WAS ALLOCATED USING BENEFIT FACTORS(SEE APPENDIX)
COST ALLOCATION A.D. COST
PUMP EQU I P!1ENT & $143,000 27% $38,610
INSTALLATION
WET WELL & $57,000 48% $27,360
HOLDING TANKS ---------
TOTAL $65,970
,.1
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D \.
IV. STORM DRAIN IHPROVEI1ENTS
ITEM No. DESCRIPTION ESTIMATE ACTUAL
1 18" STORM DRAIN $106.726
2 CLEAN OUT TYPE A 20.880
3 CURB INLET TYPE A 3,150
4 CURB INLET TYPE B 22,890
5 CURB INLET TYPE F 3,270
6 ENERGY DISSIPATOR 13,220
7 RIP RAP 450
---------
TOTAL $170.586
R-
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ENGINEER'S REPORT
PART ill
ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 92-2
WHEREAS. on March 23. 1993, the City Council of the City of Chula Vista. California, did. pursuant
to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California. and as amended, adopt its Resolution of Intention No. 17045,
for the construction of certain public improvements, together with appurtenances and appurtenant work
in connection therewith, in a special assessment district known and designated as Assessment District No.
92-2 (Auto Park) (hereinafter referred to as the "Assessment District"); and.
WHEREAS. said Resolution of Intention, as required by law, did direct the appointed Superintendent of
Streets to make and file a "Repon", consisting of the following:
a. Plans;
b. Specifications;
c. Cost estimate;
d. Assessment diagram showing the Assessment District and the sulxlivisions of land
contained therein;
e. A proposed assessment of the costs and expenses of the works of improvement levied
upon the parcels and lots of land within the boundaries of the Assessment District.
For particulars. reference is made to the Resolution of Intention as previously adopted.
NOW. THEREFORE. the undersigned. pursuant to the "Municipal Improvement Act of 1913", does
hereby submit the following:
1. I. pursuant to the provisions of the law and the Resolution of Intention. have assessed the costs
and expenses of the works of improvement to be performed in the Assessment District upon the
parcels of land in the Assessment District benefitted thereby in direct proportion and relation to
the estimated benefits to be received by each of said parcels. For paniculars as to the
identification of said parcels. reference is made to the Assessment Diagram. a copy of which is
attached hereto.
2. As required by law, a Diagram is hereto attached, showing the Assessment District. as well as the
boundaries and dimensions of the respective parcels and subdivisions of land within said District
as the same existed at the time of the passage of said Resolution of Intention, each of which
sulxlivisions of land or parcels or lots respectively have been given a separate number upon said
Diagram and in said Assessment Roll.
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WPC F:'J-lOME'ENGilII'EER\770.93
3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment
Diagram as attached hereto correspond with the numbers as appearing 01. the Assessment Roll as
contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the
Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to
represent all unpaid assessments, and the last installment of said bonds shall mature a maximum
of nineteen (19) years from the 2nd day of September next succeeding twelve (12) months from
their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate
of 12% per armum.
5. By virtue of the authority contained in said "Municipal Improvement Act of 1913", and by further
direction and order of the legislative body, I hereby make the following Assessment to cover the
costs and expenses of the works of improvement for the Assessment District based on the costs
and expenses as set forth below:
As Preliminarily
Approved As Confirmed
Estimated Cost of Construction $1,144,658
Estimated Incidental Costs and Expenses 1,330,270
Estimated Developer Contribution (770,021)
Estimated Cost of Issuance 280,776 .
Balance to Assessment 1,985,683
For particulars as to the individual assessments and their descriptions, reference is made
to the Exhibit attached hereto.
6. The Method of Soread of Assessment is as set forth in Exhibit "A", which is attached .
hereto, referenced and so incorporated.
Dated:
, 1993
Superintendent of Streets
City of Chula Vista
State of California
"
WPC F:'HO~GINEER\170.93
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Page 10
ASSESSMENTS
Assessment Legal Preliminary Confirmed
Number APN Description Owner Assessment Assessment
I (See below) 1immie and 1udy $1,985,683
Shinohara
LEGAL DESCRIPTION
THAT PORTION OF LOT 2 OF SECTION 19, TOWNSHIP 18 SOUTH, RANGE I WEST SAN
BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE WESTERLY LINE OF SAID LOT 2, SAID
POINT BEARS SOUTH 00025'58" WEST 567.97 FEET FROM THE
NORTHWEST CORNER THEREOF; THENCE LEAVING SAID WESTERLY
LINE SOUTH 88057'04" EAST 254.70 FEET; THENCE SOUTH 01002'56"
WEST 226.85 FEET; THENCE NORTH 77006'27" EAST 147.24 FEET;
THENCE NORTH 81021'50" EAST 304.94 FEET; THENCE NORTH 77040'47"
EAST 190.19 FEET; THENCE NORTH 72026'47" EAST 174.50 FEET; THENCE
NORTH 66007'54" EAST 334.07 FEET; THENCE NORTH 00018'44" EAST
392.66 FEET; THENCE NORTH 88057'04" WEST 1351.85 FEET; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 2 SOUTH 00025'58" WEST
492.97 FEET TO THE POIl\'T OF BEGINNING.
Page 11
\\-'PC F:~OME"E..~G~"EER\770,93
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1I-~3 ,
EXHmrr "A"
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the provisions
of the "Municipal Improvement Act of 1913", must be based on the benefit that the propenies
receive from the works of improvement. The statute does not specify the method or formula that
should be used in any special assessment district proceedings. The responsibility rests with the
Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and
detennining the correct apponionment of the assessment obligation.
The Assessment Engineer makes his recommendation at the public hearing on the Assessment
District, and the final authority and action rests with the City Council after hearing all testimony
and evidence presented at the public hearing. At the conclusion of the public hearing, the City
Council must take the final action in determining whether or not the assessment spread has been
made in direct proportion to the benefits received.
First of all, it is necessary to identify the benefit that the public improvement will render to the
properties within the boundaries of the Assessment District. The overall benefit derived by the
properties within the proposed boundary of the assessment district is the construction of the
public improvement which will enable the property to develop. The public improvements have
been previously itemized within Part II, Estimate of Cost, and relate to the following:
1. Brandywine Avenue from Otay Valley Road to the south boundary of Assessment District
No. 92-2. Includes right-of-way acquisition.
2. Auto Mall Drive within the boundary of Assessment District No. 92-2. Includes right-of-
way acquisition.
3. Otay Valley Road widening to provide an eastbound right turn lane to Brandywine
A venue. Includes right-of-way acquisition.
4. Sewer lines and pump station within the boundaries of Assessment District No. 92-2.
5. Main infrastructure, water, sewer, and storm drains transversing and serving commercial
lots within the boundaries of the proposed district.
The propenies within the Assessment District boundary are currently undeveloped. Because of
the interrelationship of the various public improvements needed for public development, the
assessment district funding and construction mechanism is an efficient way to fund and construct
the improvements.
The Assessment method and formula is based on the ultimate land use contained in the Land Use
Element of the City of Chula Vista General Plan and approved Tentative Parcel Map No. 92-05
for the Autopark development. Current Zoning is I-L-P (Limited Industrial) which allows auto
dealer activities under a conditional use pennit.
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WPC F:\HOME\C.NGINEER\770.93
In funher making the analysis, it is necessary that the property owners receive a special and
direct benefit distinguished fro.n that of the general public. In this case, an in-depth analysis was
made, and several factors are being used in the final method and spread and assessment.
SPREAD METHODOLOGY
Initially, the total assessment will be levied on the existing one parcel containing all the land
included in the District. A parcel map to subdivide the property into four parcels is currently
being processed. After approval and recordation of the map, the total assessment will be
reapportioned among the new parcels in direct proportion to the benefit received. The benefit
factor to be used in this detennination are discussed below:
1. Street Improvements
The street improvements outlined in Part VI - Description of Work provide a safe corridor
for traffic to enter, exit, and travel within the proposed autopark development. The
average daily trip (ADT) generation factor for auto dealer uses is 300 trips per acre.
2. Sewer Facilities
The sewer system includes the 8" gravity sewer line, pump station and 2-4" force mains.
The pump station including wet well and holding tanks has been sized to handle the
sewage generated by the autopark (17.9 acres) and the adjacent property to the east (19.3
acres). The sewer facilities to be acquired through Assessment District No. 92-2, has
been allocated as they serve and benefit the District (see Appendix). The Chula Vista
Sewage generation factor for auto dealer use is 1,000 gallons/acre/day.
3. Water System
The water facilities funded in Assessment District 92-2 will provide service to all areas
within the autopark development. The average water usage rate for auto-dealer use is
2,000 gallons/acre/day.
4. Outstanding Existing Lien for Assessment District No. 90-2 (Otay Valley Road)
The incidental expenses (Part n - Cost Estimate) includes a line item for the acquisition
of the underlying Otay Valley Road previously confirmed special assessment. This will
eliminate the overlapping of liens for the new district.
WPC F:'HOME"CJ-JGINEER\770.93
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5. Incidentals
The cost of incidentals has been spread proportionately over the various improvements
in direct accordance with the benefits that the land within district boundary receives from
the work of improvements.
In. conclusion, it is my opinion that the assessments for the above-referenced Assessment District
have been spread in direct accordance with the benefits that each parcel receives from the works
of improvement.
DATED:
. 1993.
JOHN P. LlPPITr
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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I, BEVERLY, A. AUlHELET, as CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was filed in my office on the day of , 1993.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, BEVERLY, A. AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was approved and confmned by the City Council of said City on the _ day
of , 1993.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, JOHN P. LIPPITT, as SUPERINTENDENT OF STREETS of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was filed in my office on the day of , 1993.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
~
39 1/-~35
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WPC F:~OME'E.NGINEER\770.93
ENGINEER'S REPORT
PART IV
ANNUAL ADMINISTRATIVE ASSESSMENT
A proposed maximum annual assessment shall be levied on each parcel of land and subdivision
of land within the Assessment District to pay for the necessary costs and expenses incurred and
not otherwise reimbursed, resulting from the administration and collection of assessments and/or
from the administration or registration of any bonds and reserve or other related funds. This
maximum assessment hereinafter set forth is authorized pursuant to the provisions of Section
10204, and said annual assessment shall not exceed 5% of annual installment per individual
assessment, and said sum shall only be collected to the extent monies are not available for these
services from the sale of bonds, or from any other source.
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WPC F:\HOME'>E.NGI1'ot'EER\770.93
ENGINEER'S REPORT
PART V
DIAGRAM OF ASSESSMENT DISTRICT
A full-size copy of the Assessment Diagram (18 inches x 26 inches) should be attached and
become a pan of the Engineer's Report.
0_ ? I
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WPC F:\HOME'ENGINEER\770.93
ASSESSMENT DIAGRAM
ACQUISITION .
ASSESSMENT DISTRICT t-K>. 92-2
lAUTOPARKI
FOR THE
CITY OF CHULA VISTA
lXlUlm' Of SAN DIEGO. STATE Of CA~IFORNIA
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ENGINEER'S REPORT
DESCRIPTION OF RIGHTS-OF-WAY TO BE ACOUlRED
RIGHT.OF.WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and
correcL
At all times herein mentioned, the undersigned was. and now is. the duly appointed SUPERINTENDENT
OF STREETS of the CITY OF CHULA VISTA, CALIFORNIA,
That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the
construction of certain public improvements in a special assessment district !mown and designated as
ASSESSMENT DISTRlcr NO. 92-2 (AUTO PARK) (hereinafter referred to as the "Assessment
District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(CHECK ONE)
[] a.
That all easements. rights-of-way, or land necessary for the accomplishment of the works
of improvement for the above referenced Assessment District have been obtained and are
in the possession of the City.
[x] b.
That all easements, rights-of-way or land .necessary for the accomplishment of the works
of improvement for the above referenced Assessment District have been obtained and are
in the possession of the Oty, EXCEPT FOR THOSE DESCRIBED IN EXHffilT "A"
attached hereto. showing legal description and maps of rights-of-way and easements not
yet obtained at this time.
It is further ac!mowledged that works of improvement as proposed to be constructed within said
Assessment District must be constructed within public rights-of-way. land, or easements as owned by said
City at the time of the construction of the works of improvement, and the undersigned hereby further
certifies that all rights-of-way necessary for the works of improvement will be obtained and in the
possession of the City prior to the commencement of any construction.
EXECUTED this
day of
. 1993. at O1ula Vista, California.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE IF CALIFORNIA
/'.
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WPC F:'HOME'ENOIr.."'ED.\770.93
ENGINEER'S REPORT
PART VI
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
1. Brandywine Avenue: (Proposed right-of-way to vary from 56 feet to 80 feet) from Otay
Valley Road to the south boundary of Assessment District No. 92-2; including but not
limited to asphalt, curb, gutter, sidewalk, street lights, medians, water, sewer, storm drain,
fencing, signing and striping, landscaping. Right-of-way acquisition is also included.
2. Auto Mall Drive: (Proposed right-of-way 40 feet) within the boundaries of Assessment
District No. 92-2 including but not limited to asphalt., curb, gutter, sidewalk, street lights,
medians, water, sewer, storm drain, fencing, signing and striping, landscaping. Right-of-
way acquisition is also included.
3. Otay Valley Road: Widening to provide an eastbound right turn lane to Brandywine
A venue, including, but not limited to asphalt, curb, gutter, sidewalk, street light,
landscaping, signing and striping, fencing. Right-of-way acquisition is also included.
4. Sewer line and pump station: Along the south boundary of Assessment District No. 92-2.
The gravity sewer line is 8 inches in diameter with a total length of approximately 1,100
feet. The pump station is required to pump sewer flows through 2-4" force mains to the
existing sewer line in Otay Valley Road.
5. Main infrastructure water, sewer and storm drain transversing and serving commercial lots
within the boundary of the proposed district
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WPC F;\HOME'E.~GINEER\770.93
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NOT 1U
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LEGEND:
(}) ASSESSMENT NUMBER.
'---- DISTRICT BOUNDARY
j::.":':::'-::<.'."J RIGHT-OF-WAY/ EASEMENTS TO BE ACQUIRED.
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EXHIBIT:A
ENGINEER'S "REPORT"
CERTIFICATION OF COMPLETION OF
ENVIRONMENTAL PROCEEDINGS
BTATE or CALIrORNIA
COUNTY or SAN DIIGO
CITY or CHULA VISTA
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That the undersigned 1s the person authorited to prepare and process all
environmental documentation &s needed as it relates to the formation of the
special asaessment district being formed pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Dlvision 12 of the Streets and
Highways Code of the State of Californla, laid .peeial ....sement district known
and designated as ASSESSMENT DISTRICT NO. 92-2 (AUTO Raw) (hereinafter referred
to &s the "A....ement District").
2. The specific environmental proceedings relating to this Assessment District that,
have been completed are a8 follows:
Final Environmental Impact Report Chula Vista Auto Center certified September 15, 1992.
Findings of Fact made and Mitigation Monitoring Program adopted September 15. 1992
3. I do hereby certify that all environmental evaluation proceedings necessary for
the formation of the Assessment District have been completed to my satisfaction,
and that no further environmental proc..dings a,r. neceBBary.
EXECUTED this/4lbL day of
ftl/n I
,
s
. "'&"' "~S:C"~
(TITLE)~Unlty Development Director
CITY OF CHULA VISTA
STATE OF CALIFORNIA
(1-
2,1
_'\.....0
{ /-41--
APPENDIX A
CALCULATION FOR SEWER FACILITIES
The sewer system proposed to be constructed in conjunction with the Autopark development
consists of an 8" gravity sewer line, pump station, and appurtenant structures and 2-4" force
mains. The pump station including the wet well and holding tank has been sized to handle the
sewage generated by the Autopark (17.9 acres) and the adjacent property to the east (19.3 acres)
APN 644-040-40. The following table provides a sununary showing the Autopark percent share
in the sewer facilities based on total sewage generation from each facility.
SEW AGE GENERA nON
(Gallons/Day)
Eastern Property
Autopark APN 644-040-40
Facility (17.9 acres) (19.3 acres) Autopark Share
8" gravity line(l) 100%
2-4" force mains(l) 100%
Pump equipment 17,900(2) 48,250(3) 27%
and installation
Wet well and 17,900(2) 19,300(2) 48%
holding tanks .
(I)Assumes indusoialland use (2,500 gallons/acre/day).
(l'rhese are minimum standards required by the City. 100% is allocated to the Autopark.
(2)Assumes auto dealer land use for both properties (1,000 gallons/acre/day)
())Assumes indusoialland use (2,500 gallons/acre/day).
WPC F:\HOME'ENGn-lEER\770.93
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Page 20
May 4, 1993
MAYOR TIM NADER:
SUBJECT: COUNCIL PUBLIC HEARING ITEM #12 - HOUSING AND
COMMUNITY DEVELOPMENT NEEDS (CDBG)
Staff requests that the public hearing be opened, take testimony and public input, and
then continue the Dublic hearin!! to the meetin!! of May 11 in order to take additional
testimony on the short-term housin!! facility.
I~"'- I
SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL
OFFICERS
1992-1993
iiliJJi:i902
FIRST VICE PRESIDENT
Tony McCune
McCu
National city, CA 91950
-
SECOND VICE PRESIDENT
Joseph Ellis, Jr.
Solidus property systems,
SECRETARY
Harry Brattin,
Regional Marketing Manager
~n Region
San Die 0 CA 92112
TREASURER
Joseph Conte,
president
southwestern
1:2 -[ G
SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL
BOARD OF DIRECTORS
1992-1993
PRIVATE SECTOR
SDG&E, SOUTHERN REGION
~ 92112
ATTN: HARRY BRATTIN
THE COHEN GROUP
3550 Camino del Rio North
100-A
San Diego,
ATTN: HANN
SOUTHWESTERN COLLEGE
Chula Vista, CA 91910
ATTN: JOE CONTE
McMILLIN DEVELOPMENT
2727 Hoover Ave.
National city, CA
ATTN: DENNY CU
SOLIDUS PROPERTY SYSTEMS, INC.
CORONADO CHAMBER OF COMM.
P.O. Box 396
Coronado, CA 92118
ATTN: MARY KAY FORSYTH
.:ij.an D~ego, CA
.TN: JOSEPH ELLIS
SAN YSIDRO INSURANCE AGENCY
83 East San Ysidro Blvd.
San Ysidro, CA 92173
ATTN: TONY GOMEZ
BALDWIN COMPANY
11975 El Camino Real, #200
San Diego, CA 92130
ATTN: KIM KILKE
MARILYN LASSMAN
McCUNE MOTORS
2840 National City Blvd.
National City, CA 91950
ATTN: TONY McCUNE
SAN
701
San
DIEGO EDC.
B Street,
Diego, CA
Ste. 1850
9210~ . \
GG (Jk/lf !i-.~'fz!.. k )
PHIL SAENZ, Jr.
(Professor at Southwestern)
3703 Bonita View Dr.
Bonita CA 91902
SANZONE CO~ANIES
1947 Fern Street, Ste. 5
San Diego, CA 92102
ATTN:
McMILLIN REALTY
4210 Bonita Road, Ste. B
Bonita, CA 91902
A
I~ -{ 7
..
SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL
BOARD OF DIRECTORS
1992-1993
PUBLIC SECTOR/APPOINTED DIRECTORS
The Honorable Brian Bilbray
Supervisor, First District
County of San Diego
1600 Pacific Highway, Room 335
San Die 0 CA 92101
Pete Flores (alternate
for Brian Bilbray)
District Affairs Office
Board of Supervisors,
District 1
1600 Pacific Highway, Room
335 San Die 0 CA 92101
The Honorable Tim Nader
Mayor
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Don Nay, Director
Unified Port District
3165 Pacific Highway
San Die 0 Ca 92112
The Honorable Bob Filner
City Councilman
City of San Diego, District 8
202 C Street
San Diego, CA 92101
Ms. Gwen Davis
(alternate for
1200 3rd Ave.,
San Diego, CA
Bob Filner)
Ste. 724
92101
The Honorable Marti Goethe
Councilmember
city of Imperial Beach
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
-.
The Honorable George Waters
Mayor
City of National city
1243 National City Blvd.
National City, CA 91950
--
The Honorable Robert Chamberlain
City Councilman
city of Coronado
1825 Strand Way
nado Ca 92118
( 2-lg
SOUTH COUNTY EDC
ESTIMATED OPi:hNrIONS BUDGET
(July 1 - June 30)
REVISED: SEPTEnbER, 1993
INCOME
PROJECTED
FUNDS 1992
Chula vista
Coronado
County
Imperial Beach
National city
Port
San Diego
Memberships
Event Fees
$15,000
1,000
5,000
-0-
15,000
1''', I S C J
I _ .J J
c '
,
n
-J-
TOTAL:
r ".
" '
IN-KIN;:':;
$12,C80
Tv.l-;\.~:
$12,0-':0
1:2 -{e,
ACTUAL
FUNDS 1992
$15,000.00
1,000.00
5,000.00
-0-
15,000.00
10,000.00
::;,vOO.OO
3,:;50.00
8,285.36
,035.36
$12,000.00
$12,000.00
ACTUAL
FUNDS 1993
$ 7,500
1,000
5,500
-0-
15,000
10,000
15,000
5,000
10,000
$77,500
$12,000
$12,000
A ~c\ l-td MY
patnl (11113
~'^{' u:c.c.
I" fiJ rynC(-hl),I\
tel C Dfj bf:Jr
Number
Organization
Program
Target
Request
Previous
Budget
Future
% of
Other Funds
Yrs.
CV?
CV93
CV92
% CV
% Low
Total $
Since
PROPOSAL COMPARISON TABLE
Explanation of Column Headings
/1;1 Cf Y0 ('
NoJ~ ('
~. Jel
This number corresponds to the alphabetitallist of proposals.
This is the non-profit agency which is requesting the funds.
This is the name of the program for which funding is requested.
This is the primary population which will be served by the program. The
proposal matrix is arranged by the "Target" category.
This is the amount of CDBG funding requested for 1993-94.
This is the amount of CDBG funding received by the program in 1992-93.
This is the total budget for the specific program for which CDBG funding is
requested. In some cases, it is also the total organization budget.
This is marked "yes" if CDBG funding will be requested in subsequent years and
"no" if it is one-time funding.
This is the percentage of the total budget which will be funded by CDBG funds.
This is a listing of other sources of funding for the program.
This is the number of years which the organization and/or program has been
serving Chula Vista residents.
This is marked "yes" if the program is located in Chula Vista and "no" if it is
not.
This is the estimated number of Chula Vista residents to be served in 1993-94.
This is the estimated number of Chula Vista residents to be served in 1992-93.
This is the percentage of Chula Vista residents served in relation to the total
number of people served.
This is the percentage of low-income residents served in relation to the total
number of people served.
This is the total amount of CDBG funding which the City has provided to this
program over several years.
This is the first year the program was provided with CDBG funding.
[C;\WP51 \COUNCIUl13S\CDBGFY93 .ATIJ
/12 --'AO
I
Oraanizc>tlon
2
10
15
31
17
19
9
10
18
AIDS Foundation San Dieao
City of C.V. Library
Hermandad Me~icana Nacional Legal
Woodlawn Park Civic Lea9ue
Laubach Literacy Council/SD County
MAAC Proiect
City of Chula Vista Police Deat.
City 01 Chula Vista Police Dect.
Lutheran Social Svcs
7
10
32
3:>
Center for Women's Studies
Chula Vista Police Dect.
YMCA Family Stress Center
YWCA Battered Women's Sves
& Svcs
20
14
23
HAAC PrOlect Health Srcs. Uiv.
Eoiscooal Community Services
Eoiscooal Community Services
4
1
13
21
22
28
Association for Retarded Citizens
Adult Protective Services
Community Service Cntr. for Disabled
Salvation Army
Senior Adult Services
So. County Council on Acina
3
8
5
6
16
25
27
24
26
29
30
American Youth Soccer Oraanization
The'Chula Vista Connection
Boys & Girls Club of C.V.
Boys & Girls Club of C.V.
Jobs for Youth
So. Bay Family YMCA
So. Bay Family YMCA
So. Bay Family YMCA
So. Bay Family YMCA
South Bay Community Svcs
U.S. Institute of Amateur Athletics
A:/cdbQ9~
Pr-onr-i'!.m
Sac Sr-vcs. & Case Manaoement
Chula Vista Literacy Team
CenterPark Villaae Pr-01ect
Woodlawn Park Community Center
Inc. Chula Vista Liter-acy Center-
Emer-aency Food pr-oqram
Police Activities Leaaue
Citizen's Adversity Suooort Team
Project Hand Emeraency Assistance
Project Safehouse/Haoe Crisis
Chula Vista Intervention Team
Child Abuse Treatment Svcs
Men's Counselinq
Nosotros
Outreach Health Education
South Bay Alcohol & Drua Abse
Voc. Rehab/Work Activity Prog.
So. Bay Adult Health Care Cntr.
CSCD CV Job Club
Senior Nutrition Cntr.
Meals on Wheels
Shared Housina
CVHS Playina Field Renovation
DayCare Center
Taraet Outreach
Education Enhancement Proqram
Temoorary Emoloyment
Summer Day Camp
Sunshine Co. Childcare
Pryde Proqram
SCC-New site at Otay Elementary
Cas a Nuestra
Traininq & Education Cntr.
'O"r-ae':
Community
Commun j ty
Communi t_y
Community
Community
Community
Community
Community
Community
Cntr.VornesticViolence
DomesticViolence
DomesticViolence
DomesticViolence
HlthCre/SubAbse
HlthCre/SubAbse
SrvcsHlthCre/SubAbse
Senior/Disabled
Senior/Disabled
Senior/Disabled
Senior/Disabled
Senior/Disabled
Senior/Disabled
Youth
Yout.h
Youth
Youth
Youth
Youth
Youth
Youth
Youth
Youth
Youth
1993-1994 PROPOSAL COMPARISON TABLE
Reauest
Pr-eVlQUS 1~'Jr1'l,...t-
'$.10.000
$43.190
$30.000
$31.000
$1~500
S10.000
'55.000
$18.650
$20.000
S10.000
$25.000
$22.400
S10.000
$20.000
$20.000
$35.000
$15.000
$12.000
$13.000
'$17.000
$15.000
515.000
$7.070
$20.000
$24.950
$15.721
$3.100
$7.000
$44.279
$36.727
$8.833
$25.000
$20.400
$Q
$43.190
$0
$20.000
$0
$0
$0
$0
$14.000
$5.000
$15.000
$20.000
$5.00U
$0
S10.000
$0
$0
S9.000
$9.0('0
$0
$5.500
S15.000
$0
$0
$'i.OOO
$0
$3..100
$6.000
$15.000
$0
$15.000
$0
$207.350
$83,660
S101.180
$31.000
$1.500
S10.000
$5.000
$18.650
$41.258
$146.641
$34.120
$473.529
$24.650
$20.000
$37.000
$255.000
$126.780
$540.600
$26.696
$195.820
$216.32/
$30.000
'57.070
$46.000
'$42."400
$34.042
$3.100
$153.000
$147.579
$36.727
$8.833
$335.740
$32.000
~"'-e....
yes i..t
yes .20
yes ).,9
yes J4D
yes j'-'~1
yes (2J
yes /
yes IV)
'Ies .37
yes G
yes "l]
Yes 65'.
yes y9
yes Jt.J:J
yes 5Lf
yes i 3 I
no /
yes 1.
yes yy
no 1/
yes 7
Yes~
yes /.00
yes /
Yes~
no '-16
yes toD
yes os-
yes'3o
yes tl~V
no tuo)
yes 7
yes G.3
OT-her- FIIOd:,
%0f
CIty of 51'. Ferlpr-al
Altr-usa ~lllh. Rohr-
HMNLC. C\J Housina Cor-o_
fundr-aisina
church/orsnl dntns.
FEMA. Cnty Emo Cont
donations from cmmty
Fndtns. CV Emoloyees
churches. donations
UntdWy~Ste.CtYLaMesa
SBCS. foundations
County. fees. fndrsna
fees
County of SD.Dntns.
State.Fed.Medi-Cal
County. donations
UntdWaY~fndrsna.Stat
MediCal. V4A.. fees
CA Deot of Hehab.
many sources
many sources
LOltnt.y t~l)Hh
L",idLaw. ~\lnc1raiSlna
fn~rsna.dntns.fees
fundraisine ~'Jni tedl>Ja'!
fundraisina/UntenWav
none
fees. fundraisina
fees. fundraisinq
Unted Way. Fndsrsna
none
many sources
fees. fundraisino
'rr-s.
UI?
~ YPc;
5 yes
yes
26 yes
5 yes
27 yes
o yes
o yes
14 yes
25 no
1 yes
18 yes
13 yes
} yes
15 yes
14 yes
20 yes
1'1 yes
5 yes
15 yes
IH '!es
11 yes
J 1 yes
(l yes
ve'E'
yes
37 yes
33 yes
6 yes
o yes
o yes
3 yes
7 yes
cv<f]
! '-.I~ ,
t 5)
",,0'-'
850
50
1800
300
538
3500
105
320
250
690
2500
4048
45000
5"
240
1.08
500
3.11
~2t-'
~()'J
7(1(\
245'-'
24'i0
1300
3S
1.00
60
28
310
800
Cv'?~
7~
\-5""
500
832
35
1600
ISO
592
2853
91
300
250
700
o
3806
40000
50
240
99
485
?..,.,""
J6:!
tl..,.u
2u"
237-:-
:1375
1200
26
96
24
300
350
Xc'"
1 ~
10{)
89
51
35
100
97
4S
3
100
19
10
83
6:2
100
-36
80
'10
100
7'1
"'.7
10('
J:j()
""5
95
100
83
95
100
100
50
5'1
I :2-~:Z I
y'L.ClN
s
Tota 1 .$
.,
H4
J('O
94
'f>"
$hH.54']
$(1
$12(1. :375
$0
$0
$0
$0
$52.300
35
50
32
100
38
91
17
95
$5.000
$15.000
$170.186
$5.000
83
'16
100
$(1
$10.000
$0
lOO
9H
100
H5
76
54
$U
$50.376
$18.000
$"
$716.327
$.196. T?"
6"
~9
6'1
A6
99
93
100
100
90
60
~le.500
$9.000
'$20.354
$16.500
.$106.450
$0
'$106.450
'$162.158
$0
'::;lncp
1'-;''-;''
l~Q(J
.1986
198'1'
1992
1992
1984
1992
1991
197P.
1979
1.985
19'-1J
l....HO
19~
$l'
$(1
19'11
1986
199<J
1988
1980
COUNCIL AGENDA STATEMENT
Item J:J
Meeting Date 5/4/93
ITEM TITLE:
Public Hearing: Conditional Use Pennit PCC-91-24; Appeal of Planning
Commission approval of request to redevelop service station and add mini-
market and car wash at 1498 Melrose Avenue - City Council
Resolution Affinning the decision of the Planning Commission
and thereby approving PCC-91-24
SUBMITTED BY: Director of Planning /l5lt~
REVIEWED BY: City ManagerU (4/Sths Vote: Yes_No.lO
p
The proposal is to redevelop an existing service station site into a self-serve gas facility with
mini-market and car wash at 1498 Melrose Avenue in the C-N Neighborhood Commercial zone.
The project was approved by the Planning Commission on January 8, 1992, and subsequently
appealed by the City Council in response to concerns raised by surrounding residents and
business owners with respect to potential traffic impacts and an over-concentration of alcoholic
beverage sales facilities in the area.
Texaco has requested that this item be continued to the meeting of May 25, 1993, in order to
further address the concerns of the surrounding residents and business owners.
Staff has mailed out a revised notice for the meeting of May 25, 1993, at 6:00 p.m.
RECOMMENDATION: That Council adopt a motion to continue PCC-92-24 to the meeting
of May 25, 1993.
(PCC91-24."PP)
J:J'I
File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE sL:iJ L\~
SUBJECT le'tc..tO '"R-'!~'n;n'i~t;n'::l 6~'1\; -'IWIPktr 1Xti! lCl44..J b~e.~ "'~'YI'\L. S4l~~
LOCATION 14~B" rYielllOSE.. A'VOI.....~~
'\ \Z; \'\3
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX_; BY HAND
L\- \1-'\ \ '13
; BY MAIL
PUBLICATION DATE
MAILED NOTICES TO PROPERTY OWNERS
s~ c-.:~-tc..L\..eJ
l..\\.::l..1l~ NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK
14: l1-D\4=-
\ "
COPIES TO:
Administration (4)
""
Planning
"
Originating Department
Engineering
Others
City Clerk's Office (2)
POST ON BULLETIN BOARDS
1..\ \ ).0\113
SPECIAL INSTRUCTIONS:
-58-
J3~3
NOTICE OF PUBLIC HEARINGS
BY THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN that public hearings will be held by the City Council for the
purpose of considering two conditional use permit applications submitted by Texaco Refining
and Marketing, Inc. for the property at 1498 Melrose Avenue. The first application,
PCC-91-24, is a request to redevelop the site and add a mini-market and car wash. The second
application, PCC-93-1O, is a request to sell beer and wine in the mini-market. Both applications
have been appealed to the City Council following approval by the Planning Commission and
Zoning Administrator, respectively. A plot plan, legal description and other information
regarding the proposals is on file in the Office of the Planning Department.
An Initial Study, IS-91-22, of possible significant environmental impacts has been conducted by
the Environmental Review Coordinator. A finding of no significant environmental impact has
been recommended to the City Council and is on file, along with the Initial Study, in the office
of the Planning Department. Any petitions to be submitted to the City Council must be received
by the City Clerk's office no later than noon of the hearing date.
If you wish to challenge the City's action on these conditional use permits in court, you may be
limited to raising only those issues you or someone else raised at the public hearings described
in this notice, or in written correspondence delivered to the City Council at or prior to the public
hearings.
SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 4,
1993, at 4:00 p.m. in the Council Chambers; Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED: Apri 1 20, 1993
PUBLISH: April 24, 1993
CASE NOs: PCC-91-24/PCC-93-1O
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests
individuals who require special accommodation to access, attend and/or participate in a
City meeting, activity or service request such accommodation at least 48 hours in advance
for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley
for information or your request at (619) 691-5101. California Relay Service is available for
the hearing impaired.
1~---4
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:
Consideration of two conditional uSe permit applications
submitted by Texaco Refining and Marketing, Inc. for the
property at 1498 Melrose Avenue. PCC-91-24 - Redevelop site
and add a mini-market and car wash; PCC-93-10 - Sell beer and
wine in the mini-market.
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,
May 4, 1993, at 4:00 p.m. in the Council Chambers, Public Services
Building, 276 Fourth Avenue, at which time any person desiring to
be heard may appear.
DATE: April 20, 1993
Beverly A. Authelet
City Clerk
{3-S-
Texaco
Resident Mailing List
Resident
1475 Melrose Avenue
Chula Vista, CA 91911
Resident
289 E. Orange Avenue
Chu1a Vista, CA 91911
Resident
1315 Melrose Avenue
Chula Vista, CA 91911
Resident
285 East Orange Avenue
Chula Vista, CA 91911
Resident
1441 Napa Ct.
Chula Vista, CA 91911
Resident
1224 Napa Avenue
Chula Vista. CA 91911
Resident
1424 Carissa Ct.
Chula Vista, CA 91911
Resident
1555 Marble Ct.
Chula Vista, CA 91911
Resident
1473 Melrose Avenue
Chula Vista, CA 91911
Resident
228 Sans tone Street
Chula Vista, CA 91911
/1/\0
\~)
Resident
293 E. Orange Avenue
Chula Vista, CA 91911
Res i dent
271 Sandstone Street
Chula Vista. CA 91911
(~"
" ";'"
~ "-w
~....
. -~,'-',",..'
~_..--"".,
Resident
1450-41 Melrose Avenue
Chu1a Vista. CA 91911
Resident
297 Slate Street
Chula Vista. CA 91911
Res i dent
1289 Melrose Avenue
Chula Vista. CA 91911
Resident
1450-17 Melrose Avenue
Chula Vista. CA 91911
Resident
1490 Cuyamaca Way
Chula Vista. CA 91911
\:"---
Ron Muck
293 E. Orange Ave.
Chula Vista, CA 91911
Resident
171 Mace Street, Ste. A-S
Chula Vista, CA 91911
Resident
98 East Naples Street
Chula Vista, CA 91911
....,..
Resident
1367 Mt. View Ln.
Chula Vista, CA 91911
Resident
76 E. Rienstra Street
Chula Vista, CA 91911
Resident
239 E. Rienstra Street
Chu1a Vista, CA 91911
Resident
1640 Maple Drive
Chu1a Vista. CA 91911
Resident
4113 Sweetwater Road
Bonita. CA 91902
";',(;.....-
Jack Meng
Chula~-V1sta. CA.-gT9"11
Allen Jacob
Chula Vista. CA 91911
Resident
1315 Melrose Ave.
Chula Vsita, CA 91911
Resident
1441 Napa Ct.
Chula Vista, CA
91911
Resident
1224 Napa Ave.
Chula Vista. CA 91911
Resident
1424 Carissa Ct.
Chula Vista, CA 91911
Erundina Vazq~~
Chula Vista, CA
91911
......
Chula Vista. CA 91911
Resident
228 Sandstone St.
Chula Vista, CA 91911
Resident
293 East Orange Avenue
Chula Vista, CA 91911
Resident
239 E. Rienstra
Chula Vista, CA 91911
Resident
285 East Orange Ave.
Chula Vista. CA 91911
.........
Chula Vista, CA 91911
Resident
4113 Sweetwater Road
Bonita. CA 92002
Resident
1450-41 Melrose Avenue
Chula Vista, CA 91911
tr'. Hacb
Chula Vista. CA 91911
Resident
1490 Cuyamaca Way
Chula Vista. CA 91911
Resident
171 Mace St.
Chula Vista,
Ste A-5
CA 91911
Resident
98 E. Naples
Chula Vista. CA 91911
Resident
1367 Mt. View Lane
Chula Vista, CA 91911
Resident
76 E. Rienstra St.
Chula Vista. CA 91911
Rebecca J. Hawkins
Chula Vista, CA 91911
Fred Fiedler & Assoc.
Patrick Fiedler
Los Angeles. CA 90057
Texaco Refining & Marketing
9966 San Diego Mission Rd.
San Diego. CA 92108
~911
Jack Meng
Chula Vista.
..
CA 91911
~Lynch
~1911
Elizabeth Stillwagon
Chula Vista. CA 91911
Verna
~W.Slr mil
Vista. CA 91911
Chula
Veronica Eberl.
Chula Vista. CA 91911
Cynthia A. Thomas
Chula Vista, CA 91fu.
Vincent & Brenda Ortiz
- 1 .. 1
Chula Vlsta. CA g- 911
Charles J. FregaDfJe
Chula Vista. CA 91911
'(0
.
L ABL OO,,~O I-'CC-93-10
COMLf SALt: UF ALCuHUL IN COtiJl
X xxx XX xxx... X xx xx AXAXXXXX xX xXXx >.
X XXx XX X xxx X xx xxxxxXXX xx xx xxxX}..
X xxxxx X XXXXxx xx XX xXXX xxxx xx xX}.
)( xxxn XXXXXAXXX)r.,X X XXX xxxxxx xx);
xx xxxx xx xx AX Jl.)(AXXXXX xX ,llXlU(A)()O
XXXX),X xX XX XXXXXXXX XX xXxXXX XXX)
xxxxxxxxxXxXxXXXXXXXXXxXXXXXX)
xX XXxXXX XX XXXX XX)(X XXXX xXXX XXX)
XX XXXXXX XX XXxX"X XXXx xX xXXXXX X)
XX XXxX XX XX xXXX xX XX XX xX XXXX XX X)
xx xX XX XX XX AX XX XX xX X X XX xX XX X X X)
xX XX AX XXXX XXXX xX).,XXXXX XX XXXXX)
XX XX XX XXXXXX xX XX XX XX XX XXXx xX X)
XX xX xX XXXX XXXX XX XX XXXX XXXX XXX)
XXXXXXXXXxxxxxxxxXXXXXXXXXXXX)
XX XX xX XX XX XX XX XX XX XX XX xXXX XX X)
bZOb312500 b20b31lbOO
. H INCHI:Y CARL G lllPF' In~r I'pr~
ChUlA VI5TA CA 91911 CHULA VIS A C 1
.
b20b3129aO b20bJ13000
. GONlAlEZ IUUL/N f~ J''' WAYNF C
C t-ULA V A 1911 CHULA VISTA CA 91911
.
..--
~
\
'=>4
.
.
X xxx XXXXXX.X xx XXXX xXXX XXXX xx xx,.
x X.XXXx XXXX xxX XXXX X XXX xxxx xX XX ~
X XXX Xx X XXX XXX XX XX X XXX XXXX xX xX)I
X XXXXx X XXXXXXXXXXxXXX XXXX xXXX >.
X XXX XX X XXXXXXXXX). xXXX xxxXXX xx}.,
X XXXXxXXXX XXX XXXXXXXX XXXX XXXX).
.
.
b 200313 300
AkELlANO )ANTOS/AYALA
S n
ChULA VISTA CA 91<,111
62063131.t 00
Fi;lICIT,..~E
~
.
.
b20b313700
rAFI..AI<: GALE F/PAULA C
e UN1 TA CA 91908
.
--~
b 20b31 I.t 100
.-~1JOnn[l1.II" ".'nltA
HULA VISTA CA 91<,111
.
.
blOb314t500
iON" Y tRRY
ChULA VISTA
bUGFNr 'iIliRYl LTN'.
A 91911
.
.
b 20031"900
A.ECHIGA ,n'nlllr~nt'.~JOA
CHUL.A VISTA CA '11911
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~es ident
1224 Napa Avenue
:hula Vista, CA 91911
Vanessa Edward
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~hula Vista, CA 91911
Resident
4113 Sweetwater Road
Bonita, CA 92002
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'" taken from letters recef~ed. SOlIe had ~addresses.
Jlck Meng . Resident
11-- - :.. ...._ 285 East Oran eAve. .
:hula Vista, CA 91911 Chula Vista, l:. 91911
.
men Jacob
III t. I _ ...-
:hula Vista, CA 91911
~es 1 dent
1315 Melrose Avenue
:hula Vista, CA 91911
~es i dent
1441 Napa Ct.
:hula Vista, CA 91911
Resident
1424 Carissa Ct.
Chula Vista, CA 91911
Erundfna Vazquez
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Chula Vista, CA 91911
~esident
1450-41 Melrose Avenue
Chula Vista, CA 91911
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sta, CA 91911
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Resfdent
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Chula Vista, CA 91911
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Resident (!)\
293 East Orange Avenue
'hula Vista, CA 91911
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Fred Fiedler' Assoc.
Patrick Fiedler
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Los ngeles. CA 90057
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rge Harb
;hull Yistl. CA 91911
Texaco Refining & Marketing
Inc. .
9966 San Diego Mission Rd.
San Diego. CA 92108 .
Resident
1490 CuyamaCI Way
Chull Yistl. CA 91911
...
Resident
171 Mace St. Ste A-5
Chula Yista. CA 91911
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Resident
98 E. Naples..
Chula Yista. CA 91911
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Resident
1367 Mt. Yiew La
Chula Yista. CA 91911
Resident
76 E. Rienstra St.
Chula Yista. CA 91911
~es i dent
.~ 239 E. Rienstra
Chula Yista. CA 91911
~ns
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! Cr)stal~~nders
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I Chu1a Vista, CA 91911
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Chula Vista, CA 91911
Mary Shotwell
~. William Lynch
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C u a ista, CA 91911
Elizabeth Stillwagon
Vern & Wesley Ayres
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Chula Vis a, A 91911
Veronica Eberly
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-~uTa'Vista, CA 91911
Cynthia A. Thomas
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Chu a Vista, CA 91911
Vincent & Brenda Ortiz
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Chula 1S a, CA 91911
91911
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CA 91911
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page 8
line of the Union party to this Agreement, and including lawful
primary picket lines at the Employer's places of business.
ARTICLE 9
WAGE RATES & BENEFITS
Section A: WaQe Rates - Drivers
7/93 7/94 7/95 7/96
TRAINiNG $5.50 $6.00 $6.25 $6.50
0-06 months 7.25 7.50 7.75 7.90
7-12 months 7.60 7.80 7.95 8.05
13-24 months 8.05 8.25 8.40 8.55
25-36 months 8.50 8.60 8.75 8.95
37-48 months 9.00 9.20 9.35 9.50
49-54 months 9.25 9.40 9.55 9.70
55+ months 9.75 9.90 10.05 10.20
Section B: Paid Holidays
Seven (7) paid holidays: New Years, Memorial Day, Independence
Day. Labor Day, Thanksgiving, Christmas and one floating holiday
each year, with prior approval of the Company, to be taken on the
employee's birthday, for the term of this agreement.. Employees
will receive their run-time as holiday pay except when a paid
holiday falls on their scheduled day off, for which they wi 11
receive eight (8) hours holiday pay.
Section C: Paid Personal Days Off-Full Time Employees Only
.1. One (1) paid day after one III year of service with the
Company.
2. Two (2) paid days after two (2) years of service with the
Company.
3. Three (3) paid days after three (3) years of service with
the Company.
4. Four (4) paid days after four (4) years of service with
the Company.
Paid personal days shall be utilized within the twelve (12) month
period following their accrual. There will be no carryover of
personal days into the subsequent year. The Company reserves the
rlQht to determine the number of employees off on personal days at
.
FIIAL VERSIOI-l/19/9l
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Immediate Action Please Be Taken
At this time I would like to call an election on the
entire board and or the officers that is currently holding
a position on the Down Town Business Association.
I feel that the election held in November/December 1992
was held improperly and I was not notified.
Name
Signature
Business Name
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Sweetwater Union High School District
Pollcy 1300
llegu1atlO1l 1300.1
ADMINISTRATION CENTER
1130 FIFTH AVENUE
CHULA VISTA. CAL.IFORNIA 8Z011
APPLICATION AND PERMIT FOR USE OF SCHOOL FACILITIES AND GROUNDS
MY PEIISlII APPLYIIlG FOR TIlE USE OF SCHOOl PIlOPERTY III IIEIlALF OF MY SOCIETY, 1RIIllP, III lIICAIIllATlIIl SIIAll. IE
A IElllER OF TIlE APPLlCAIfT &ROUP AID, "LESS IE OR SIE IS AI OFFICER OF TIlE 1RIIllP, IIIST PllESEIT IIRIT1EIl
AIITIIORIlATlCII FIllII THE APPLICAIfT &ROUP TO MIE TIlE APPLICATlCII. lHIS SfAmoT OF IIFllIlMTlCII MY CCIITIIIlE
II EFFECT FOR TIlE PERIOO OF lIIE YEAR FIllII TIlE DATE OF TIlE IIRIT1EIl AIIl1llIIlllATlIIl. APPLlCATlCIIS FOR USE OF SCIIOlIL
FACILITIES BY EIlPLOYEE OIlGAIllATlCIIS ARE SUB.lECT TO TIlE COIIDITICIIS AID TEllIS STATEO II IElilITlATEO COLUCTIVE
1lARGA1111lG AGREEIEITS AID RI&IITS &lWlTEO ACCOIlDII6 TO GOmal_1 COIlE SECTIIIl 3543.1(b) RI&IITS OF EIlPLOYEE
OIlGAIIllATlCIIS TO USE 1ISflTUTICllAL FACILITIES.
I SHIRLEY HORTON
(NAME OF APPLICANT)
authorized offl cer of THE
, acting on ~ behalf, or acting as the duly qualified and
CITY OF CHULA VISTA
hereby apply for permisSion to use
(SCHOOL FACILITY)
TYPE OF FACILm: 1 CLASSROOM 4 AUDITORIUM 7 PRACTICE FIELD
(CIRCLE) 2 CAFETERIA w/o KITCHEN 5 OUTooOR COURTS ..JL,...BASEBALL FIELD
3 CAFETERIA KITCHEN 6 FOOTBALL STADIUM~YMNASIUM
10 LOCKER ROOM
11 PARKING LOT
12 OTHER
NUMBER OF EACH TYPE NEEDED:
DATE(S) NEEDED: FROM 6:30 p.rn'TO
TIME(S) NEEDED: FROM
8:00 p.m.
(AM/PM) TO
DAY(S) OF WEEK THURS
MAY 13 1993
(AM/PM)
(CIRCLE)
1 MORNING, BEFORE SCHOOL
2 MORNING, DURING SCHOOL
3 AFTERNOON, DURING SCHOOL
4 AFTERNOON, AFTER SCHOOL
5 EVENING, DURING CUSTODIAL SHIFT
6 EVENING, AFTER CUSTODIAL SHIFT
7 WEEKEND
8 HOLIDAYS
9 SCHOOL VACATION
NATURE OR TYPE OF USE
NAME OF SPEAKER
COMMUNITY FORUM ON GANGS & GRAFFITI
TOPIC GANGS & GRAFFITI
Number of persons expected to attend 200 Admission charge: Yes_ No--X.X.. Admission Fee: $
Participation charge: Yes No Participation Fee: $
TEllIS: ALL FEES FOR USE OF SCHOOL FACILITIES AID GIIOIIIDS ARE DUE UPCIl SUBiUsSIIIlOFTHIS APPLlCATlIIl AID"-
PAYABLE TO THE SIIEE1lIIlTER ..1111 HlliIl SCIIOlIL DISTRICT.
USE (RENTAL) FEE $ CUSTODIAL/CAFETERIA (PERSONNEL) SERVICE FEE $
I. TIlE ..DERSIGIlED APPLlCAIfT. IElERY ACIIlOIILEIl6E RECEIPT OF THIS APPLlCATlIIl AID IIICORPOIIATEO COIIDITlCIIS AND
IlllLES liOVERlllG TIlE USE OF SCHOOL FACILITIES AID GIIOIIIDS, AID AGREE TO COII'LY IIITH ALL PIlOVISICIIS AS SET FORTH
II TIlE APPLlCATlIIl AND IICOllPllRATED COIIDITICIIS AID IlllLES GOVERlIIG TIlE USE OF SCHOOl FACILITIES AID GIlOlII1lS.
APPLlCAIfT RlRTIER ACIaIOIILEIIGES 1IfAT AlY YIOlATlIIl OF SAID APPLlCATlIIl AID COIIDITICIIS AID IlllLES SllAU CIIlSTITUTE
SUFFICIEIT CAUSE FOR TIlE DISTRICT TO TAlE IlUlTEVER ACTIIIl TIlE DISTRICT CCIISIIlERS APPRIIPRIATE AGAIISf THE
APPLlCAIfT. SUCH ACTIIIl IMY IICLllIlE, lIlT IS lOT LIJlITEO TO, IIIEDIATE CAlCELLATlIIl OF TIlE APPLlCATlIIl AID
DISAPPIlOYAL OF FUTURE APPLICATlIIlS TO USE SCHOOl FACILITIES AND liRIIllIDS.
SHIRLEY HORTON
SIGNATURE OF APPLICANT
COUNCILWOMAN
OFFICIAL TITLE
APRIL 26 1993
DATE
276 FOURTH AVENUE, CHULA VISTA CA 91910
ADDRESS c:? t14.- - I
426-0661 691-S044
TELEPHONE NUMBER
Form No. 690G-87 DISTRIBUTION: IIHITE - DISTRICT BUSINESS/OPERATIONS
Page 1 of 4 pages CANARY - DISTRICT 8USINESS/OPERATIONS
PINK - RETAINED BY SCHOOL SITE
GOLDENROD - APPLICANT
EXHIBIT 1
NOTICE OF PUBLIC HEARINGS
BY THI. CITY PLANNING COMMISSION AND THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE CITY
PLANNING COMMISSION AND THE CITY COUNCIL of Chula Vista, California, for the
purpose of adopting street names for the proposed streets within the recently approved Chula
Vista Auto Center (500 block of Auto Mall Way).
The proposal is to name the frontage street directly to the south of Otay Valley Road "Auto Park
Way" and the northerly to southerly directed access street into the project "Brandywine
Avenue. "
Any petitions to be submiucd to the City Planning Commission and/or the City Council of Chula
Vista must be received in the Planning Department or City Clerk's office no later than noon of
the respective hearing dates.
If you wish to challenge the r'ity's action on this matter in court, you may be limited to raising
only those issues you or some else raised at the public hearings described in this notice, or
in written correspondence c ;vered to the Planning Conunission or City Council ator prior to
the public hearings.
SAID PUBLIC HEARINGS WILL BE HELD in the Council Chambers, Public Services
Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear.
The PLANNING COMMISSION meeting will be held on Wednesday, April 14,
1993, at 7:00 p.m.
The CITY COUNCIL meeting will be held on Tuesday, May 4, 1993, at 4:00
p.m.
DATED:
CASE NO:
March 17, 1993
PCM-93-16
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require
special accommodation to access, attend and/or participate in a City meeting, activity or service request such
accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please
coutact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the
hearing impaired.
b:';;j? / '73
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LOCATOR
Chula Vista Auto Center
Street Names
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James Hettinger
Nolte & Associates
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San Diego, CA 92123
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James B. Sa lter
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COUNCIL AGENDA STATEMFNT
Item -d
Meeting Date 5/4/93
ITEM TITLE:
Public Hearing: Conditional Use Permit PCC-93-1O; Appeal of Zoning
Administrator approval of request to sell alcoholic beverages at proposed
mini-market 1498 Melrose Avenue - Councilman Fox
SUBMITTED BY:
Resolution Affirming the decision of the Zoning Administrator
and thereby approving PCC-93-1O
~~;JJ
Director of Planning 2ft
City Manager @
(4/5ths Vote: Yes_No-X]
REVIEWED BY:
On January 7, 1993, the Zoning Administrator, in consultation with the Police Department,
conditionally approved an application by Texaco RefIning and Marketing, Inc. to sell beer and
wine at a proposed mini-market at 1498 Melrose Avenue in the C-N zone. An appeal of the
Zoning Administrator's decision was fIled by Councilman Fox on January 14, 1993.
Texaco has requested that this item be continued to the meeting of May 25, 1993, in order to
further address the concerns of the surrounding residents and business owners.
Staff has mailed out a revised notice for the meeting of May 25, 1993, at 6:00 p.m.
RECOMMENDATION: That Council adopt a motion to continue PCC-92-24 to the meeting
of May 25, 1993. -
(PCC93-JO.app)
IJ/-j
COUNCIL AGENDA STATEMENT
Item if
Meeting Date 5/4/93
ITEM TITLE: Public Hearing: PCM-93-16 - Approval of street names for two (2) new
public streets within the Chula Vista Auto Center
Resolution I ? I P J Adopting the names Auto Park Drive and
Brandywine A venue for the two public streets within the Chula Vista Auto
Center
SUBMITTED BY: Director of Planning /:f:lt
REVIEWED BY: City Manage~ ~ &2fl (4/Sths Vote: Yes_NoX)
The recently approved master plan for the Chula Vista Auto Center includes construction of two
public streets which provide access to the four parcels that comprise the Auto Center site. The
frontage street will parallel Otay Valley Road and will be linked with Otay Valley Road by a
new street segment which would run in a north to south direction and would align with
Brandywine A venue to the north.
Typically, new street names are considered by the Planning Commission and City Council in
conjunction with tentative subdivision map approvals. In this case, the Chula Vista Auto Center
(TPM 92-15) was processed by parcel map and approved administratively. Therefore, the
request for the adoption of street names is being forwarded to the Planning Commission and City
Council as a separate item.
RECOMMENDATION: That Council adopt the attached resolution approving "Auto Park
Drive" and "Brandywine Avenue" as the new street names for the streets within the Chula Vista
Auto Center project site.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission, at its
meeting of April 21, 1993, voted 6-0 (Tuchscher excused) to recommend that the City Council
approve PCM-93-16.
DISCUSSION:
The proposal is to designate "Auto Park Drive" as the street name for the frontage street within
the Chula Vista Auto Center, and "Brandywine Avenue" as the street name for the project access
street off Otay Valley Road. The proposed name for the frontage street, Auto Park Drive, is
appropriate and meaningful for this location since the street will provide direct access to the auto
dealerships. Extending Brandywine Avenue to the south would prevent any potential confusion
IY/
Page 2, Item
Meeting Date 5/4/93
/5'
or uncertainty that could be generated by a street name change at the intersection of Otay Valley
Road and Brandywine Avenue.
Property owners within 1,000 ft. radius of the project site have been notified of the hearing.
To date, there have been no responses or objections.
The following are the City policies with regard to street naming. The first is from the Municipal
Code and the remainder are from the Subdivision Design Manual.
I. It shall be the duty of the City Council, in designating street names and in accepting
recommendations for changes of street names, to provide names which do not cause
confusion and uncertainty to police, fire or other emergency vehicles by virtue of
similarity of spelling or sound of said street names, and to act in changing such names
so as to eliminate such confusion and uncertainty.
2. Names should not be used which are difficult to pronounce or sound like other street
names within the City's sphere of influence.
3. Street names shall not duplicate any other street name within an area surrounding the
City where confusion may occur.
4. Proposed street names should be unique, meaningful, and appropriate to the locale, type
of subdivision, architecture, etc. Names of persons should not be used unless that person
has distinguished himself during his or her lifetime and is now deceased.
FISCAL IMPACT: Not applicable.
(f:\home\planning\pcm93-16.AI13)
IY~
RESOLUTION NO.
/7/1).3
RESOLUTION OF THE CITY OF CHULA VISTA
CITY COUNCIL ADOVI1NG TIlE NAMES AUTO
PARK DRIVE AND BRANDYWINE AVENUE
FOR THE TWO PUBLIC STREETS WITHIN THE
CHULA VISTA AUTO CENTER
WHEREAS, on October 13, 1992, the Redevelopment Agency approved the Master Plan
for the Chula Vista Auto Center, and
WHEREAS, the approved Chula Vista Auto Center Master Plan includes construction of
two public streets within the project's boundaries, and
WHEREAS, the proposal is to adopt street names for the two new public streets, and
WHEREAS, on April 21, 1993, the Planning Commission voted 6-0-1 to recommend
that the City Council approve the street names as indicated on attached Exhibit A, and
WHEREAS, the City Clerk set the time and place for a hearing on said new street name
adoption and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners and major
developers affected by said change at least 10 days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely May 4,
1993, at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed, and
WHEREAS, the proposal is exempt from environmental review as a general rule
exemption.
NOW, THEREFORE, BE IT RESOLVED THAT based on the facts presented to the City
Council, the Council finds the proposed street names appropriate to the locale.
BE IT FURTHER RESOLVED that the City Council hereby approves the street names
Auto Park Drive and Brandywine Avenue for the new streets within the Chula Vista Auto Center
as shown on Exhibit A attached hereto and made a part hereof.
Presented by
nit
Roben A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
WPC F:\bome'i'lanning\734.93
/5-3/15-1f
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TA Y VALLEY RD
-
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LOCATION
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LOCATOR
Chi. Vilt. A
Street N. uto Center
mea
COUNCIL AGENDA STATEMENT
Item
Meeting Date Mav 4. 1993
/0
ITEM TITLE:
Ordinance 2551 of the city council of the
city of Chula vista Amending Chapter 9.50 of
the Municipal Code to Make Various Changes in
the Regulations Regarding Mobilehome Parks.
(Second Reading)
SUBMITTED BY:
Community Development
City Attorney
City Manager g
O(4/5thS
. t~.
DJ.rector .
REVIEWED BY:
Vote: Yes
No
x
On April 13, 1993, the city Council directed staff to return
with amendments to Chapter 9.50 of the Chula vista Municipal
Code which would allow criminal enforcement of the Chapter.
On April 20, 1993, the Council placed Ordinance 2551 on
first reading and directed staff to convene the Mobilehome
Rent Review Commission so that the Commission could review
the Ordinance and take public comment.
RECOMMENDATION: That the Council adopt Ordinance #2551.
BOARD AND COMMISSION RECOMMENDATIONS: At its meeting on
April 26, 1993, the Commission voted 4-0 to recommend
approval of Ordinance #2551 to the Council with the caveat
that several of the administrative changes raised by the
public and/or the commission would be incorporated into the
Chapter at a later date.
DISCUSSION
Per Council's direction, the Mobilehome Rent Review
commission met on April 26, 1993 to discuss the changes to
Chapter 9.50 proposed by the city Attorney in Ordinance
#2551. Staff mailed notice of this meeting to both
mobilehome park owners and residents, and the meeting was
well attended.
The Commission discussed Ordinance #2551, and then, the
Chair opened the meeting to the public in order to receive
their comments on the Ordinance. Approximately, eight park
residents and five park owners spoke to the Commission
regarding the proposed changes as well as other types of
rent control.
/0 - J
Page 2, Item
Meeting Date 5/4/93
10
After discussing the issues raised by the public, the
Commission recommended approval of Ordinance #2551 as
discussed above. However, the Commission did have some
minor concerns regarding the Ordinance and voted to adjourn
till June 3, 1993 so that the Commission could review these
concerns as well as other forms of rent control. After the
Commission meets on June 3, 1993, staff expects the
Commission to recommend minor changes to Ordinance 2551, and
the Commission may consider the implementation of a "park
based" rent control system.
staff expects Ordinance #2551 to greatly impact staff's
workload. Currently, if 50% or more of spaces affected by
the notice of increase agree to the space rent above the
CPI, then the arbitration is either settled or not
necessary. Under Ordinance #2551, this "group concept" is
eliminated, and this elimination could result in more
arbitrations which will require staff attention. In
addition, Ordinance #2551 allows both parties to a rent
dispute to waive arbitration and have their case heard
directly by the Commission. When a case is heard by the
Commission, staff will be required to perform many of the
functions previously performed by the American Arbitration
Association (AAA) or the arbitrator. staff will never know
or be able to plan for when arbitrations will be heard by
the Commission, and this unpredictability may impact other
projects, work items, or the administration of established
programs. In order prevent other projects from being
impacted, staff expects that an additional full time staff
person would be required to adequately administer Ordinance
#2551.
In order to fund an additional staff person, the Council
could impose a fee for administering the Ordinance upon the
mobilehome park residents. staff contacted several
jurisdictions, and these jurisdictions impose such a fee.
The fees average $50.00 per space per year for every space
not exempted from rent control by a long term lease. The
city has approximately 3200 spaces, and staff estimates that
2500 spaces are not covered by long term leases. If the
above described fee was implemented, approximately $125,000
would be generated. Staff has spoken to several residents
who would not object to such a fee. When the Commission
convenes on June 3, 1993, staff will present an analysis of
the fee to the Commission.
/0-?-
Page 3, Item
Meeting Date 5/4/93
/0
FISCAL IMPACT
Unless the above described fee is imposed at a later date,
the Low and Moderate Income Housing Fund would be another
funding source, except that money is this fund is entirely
expended. Also, some of the future revenues to this fund
would be diverted from low income housing projects to this
operation.
In addition to the staff impacts of basic administration,
the city Attorney's Office has estimated that one
prosecution, without any extenuating circumstances, will
require approximately 8 hours of work or $800.00. Staff
costs from the Community Development Department will total
approximately $1000.00. Therefore, if six cases were
prosecuted, total staff costs would be approximately
$10,800. These estimates are very conservative, and if any
unexpected circumstances arise, staff's estimates could be
grossly underestimated.
As with any rent control statute, there is always the risk
of a lawsuit. Staff has no way of estimating whether or not
a suit will be filed or what the City'S fiscal liability
could be.
I ~ - 3 I Ji,~ 1
Final Version as First Introduced
Annotated with Comments for Future consideration
ORDINANCE NO. 2551
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTER 9.50 OF
THE MUNICIPAL CODE TO MAKE VARIOUS
CHANGES IN THE REGULATIONS REGARDING
MOBILEHOME PARKS.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
section 1. Chapter 9.50 of the Municipal Code shall be
amended in its entirety to read as follows:
"
sections:
9.50.005
9.50.010
9.50.015
9.50.030
9.50.050
9.50.065
9.50.067
9.50.073
9.50.075
9.50.076
9.50.078
9.50.081
9.50.083
9.50.100
Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW
Purpose
Applicability.
Applicability of Chapter 9.50 to Recreational
Vehicles.
Definitions.
Owner Meetings and possible Voluntary
Negotiations.
Notice of Rent Increases without Change of
Ownership.
Notice of Rent Increase upon Change of
Ownership.
Factors to Consider in Fixing Space Rent
Fixing of space Rent
Right to Mediate Mobilehome Resale Price
criminal Acts.
civil Remedies.
Criminal Remedies
Severability.
9.50.005 Purpose.
The city intends by this Chapter to maintain a supply of
affordable housing. The city Council finds that there is an
ample supply of apartments for rent and that the apartment
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 29, 1993 Page 1
~/~~.5
market place does not need regulation in order to keep the
rents at an affordable level. The Council finds that the
supply of mobilehome space, available for rent is not adequate,
and that as a result, the limited supply of such spaces is
driving up the space rents in a manner that would, in the
absence of regulation result in the elimination of affordable
housing.
The City also intends by this Chapter to prevent existing
tenants, who are rendered largely incapable of moving their
mobilehomes without suffering a substantial loss in their
value, from being charged excessive and unconscionable rents
due to this lack of mobility. The Council finds that the
limited supply of mobilehome space available for rent in this
City would, in the absence of regulation, allow for an
unconscionable enhancement of rents to existing mobilehome
park residents.
The City also intends by this Chapter to prevent existing
tenants, who are rendered largely incapable of moving their
mobilehomes without suffering a substantial loss in their
value, from loss of the resale value of their Mobilehomes due
to the fact that an incoming Resident is being charged
excessive rents.
The Council finds that the limited supply of mobilehome
space available for rent in this City would, in the absence of
space rent regulation at the time of such sale or other
vacancy, allow for an unconscionable loss of resale value of
Mobilehomes to existing mobilehome park residents.
(Ord. , S1 (part) 1993)
9.50.010 Applicability.
This chapter shall apply to a mobilehome that requires a
permit to be moved on a street or highway.
The procedures contained in this chapter are intended to
provide a mechanism for the resolution of disputed increases
in rents by making it advantageous for mobilehomes owners and
mobilehome park owners to establish a better understanding for
each other's positions which will result in agreement on the
amount of rent to be charged. A binding arbitration provision
is provided for. The procedures of the ordinance are
established with the intent that they be accomplished in a
timely fashion. The participating parties shall commit to the
goal of completing the arbitration process within sixty (60)
days of the serving of the notice of rent increase, and that
the entire dispute resolution process be completed within one
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 2
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hundred-twenty (120) days following receipt of the notice of
space rent increase.
This chapter shall not apply to leases exempted by civil
Code Section 798.17.
This chapter shall not apply to a Mobilehome Park if the
rents that may be charged for spaces thereat are regulated
pursuant to an agreement with the Redevelopment Agency of the
city of Chula vista under the authority of section 33334.2
through 33334.4., inclusive, of the California Health and
safety Code, for such period of time as the agreement is in
effect.
(Ord. , S1 (part) 1993; Ord. 2451 S3, 1991; Ord. 2306
S1 (part), 1989; Ord. 2282 S2, 1988; Ord. 2163 S1, S2, 1986;
Ord. 1997 S1 (part), 1982).
9.50.015 Applicability of Chapter 9.50 to Recreational
Vehicles.
Recreational vehicles as defined in California civil Code
section 799.24 are subject to the rights and duties set forth
in Chapter 9.50 and shall have the right to arbitration as set
forth herein where the recreational vehicle owner/occupant has
been in residency for nine or more consecutive months.
Notwithstanding the above, this chapter shall not be
applicable to recreational vehicles residing in parks operated
as recreational vehicle parks, where the predominant number of
spaces are occupied for less than nine months.
(Ord. , S1 (part) 1993; Ord. 2306 S1 (part), 1989;
Ord. 2282 S~988; Ord. 2227 S1, 1987).
9.50.030 Definitions.
Words used in this chapter shall have the meaning
described to them in this section:
A. "Space rent" means the consideration, including any
bonus, benefits, or gratuity demanded or received in
connection with the use and occupancy of the mobilehome
space in a mobilehome park, or for the transfer of the
lease for parkspace, services, owner-provided utilities,
and amenities, subletting and security deposits, but
exclusive of any amounts paid for the use of the
mobilehome dwelling or of major capital improvement or
other allowable pass-throughs as defined in this
ordinance.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 3
jJ,--5/ r:~ - /
B. "Mobilehome" means a mobilehome as defined in the
California Mobilehome Home Residency Law.
C. "Mobilehome park owner" or "Owner" means the owner,
lessor, operator, manager of a mobilehome park within the
purview of this ordinance.
D. "Mobilehome resident" of "Resident" means any person
entitled to occupy a mobilehome dwelling unit by virtue
of ownership thereof.
E. "Dispute" or "controversy" means a disagreement or
difference which is subject to the arbitration process.
F. "Consumer Price Index" or "CPI" shall mean the all urban
consumers/all items component of the San Diego
Metropolitan Area U (broader base) consumer price index.
G. "Major Capital Improvement Pass-Through" means a
separately identified monthly charge to residents which
represents the repayment of a cost for a major capital
improvement with the following characteristics:
1. Said improvement shall have a cost of more than
$10,000.
2. Said improvement shall be exclusive of maintenance
or replacement of existing facilities.
3. Said improvement shall have been approved in
concept by more than fifty percent (50%) of the
mobilehome spaces within the mobilehome park after
all spaces in the park have been informed of the
nature, general design, timing, and overall cost of
said improvement, and the amount and duration of
the related pass-through.
H. Other Allowable Pass-Throughs" means separately billed
utility service fees and charges excluded from rent in
accordance with the' provisions of civil Code Section
798.41; increases in rates of owner-provided utilities
and governmental assessments such as real property taxes,
license fees, and assessments for municipal services or
improvements. Copies of bills, invoices, or other
appropriate supporting documentation shall be kept on
file in the park owner's on-site business office, and
made available for review by affected residents upon
reasonable request at any time during normal business
hours.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 4
ji,--rj ~ - ~
1.
"Mobilehome Park" or "Park" is an area
or more mQbilehome sites are rented,
rent, to accommodate mobilehomes
habitation.
of land where two
or held out for
used for human
(Ord. ---4' ~1 (part) 1993; Ord. 2451 ~4, 1991; Ord. 2306 51
(part), 1989; Ord. 2163 S4, 1986; Ord. 1997 Sl (part), 1982).
9.50.050 Owner Meetings and possible Voluntary Negotiations.
within five (5) days, but not more than 10 days, after
service of a notice of increase, as provided in Section
9.50.065, the park owner must hold an informal meeting for the
benefit of the affected residents to discuss his or her
increase. It is hoped that such a meeting may lead to
voluntary settlement of the dispute. The meeting should be
set for a time and date believed to be convenient for
residents and may be changed to a different date based on the
reasonable request of the residents.
The residents shall have the option to choose whether or
not to attend the meeting. Attendance at the meeting shall
not affect the residents' right to arbitrate under Section
9.50.070. (Ord. ,~1 (part) 1993; Ord. 2451 ~5, 1991;
Ord. 2306 ~1 (part~989; Ord. 2282 ~2, 1988; Ord. 2163 ~6,
1986; Ord. 1997 ~1 (part), 1982).
9.50.065 Notice of rent
ownership.
increase wi thout change of
A. In any situation where a mobilehome park owner wishes to
increase the space rent to an existing Resident above the
applicable CPI, he or she must first give notice to
affected residents, at the same time the sixty (60) day
notice required by civil Code Section 798.30 is given, as
follows:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE WITHIN THIRTY
DAYS, THIS INCREASE SHALL BE AUTOMATICALLY EFFECTIVE
This is a notice of space rent increase which exceeds the
percentage increase of the Consumer Price Index (CPI) for
the most recent twelve (12) month period, as reported by
the Bureau' of Labor Statistics, preceding this notice.
The CPI is % and this increase is % of your
current rent. Under the city's Municipal Code, you are
entitled to the following rights:
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 5
~ /t-j
1. I am required to hold a meeting with the residents
to discuss the reasons for the increase. The
meeting will be at (time and place). You are
encouraged to attend but are not required to do so.
Under the City's ordinance, owners and residents
are encouraged to attempt to resolve differences
regarding this increase.
2. You have the right to file for arbitration with the
City's community Development Department. You may
file for arbitration whether or not you attend the
meeting to discuss the increase. To file for
arbitration, you must place a deposit of $
with the City's community Development Department
within thirty (30) days of the date this notice is
served on you. If you do not place the deposit,
you forfeit your right to arbitrate the rent
increase.
If you or other affected residents are lower-income
(below $13,000-$15,000 per year), you may be
eligible to receive assistance with part of the
cost of arbitration from the City's Community
Development Department. If you have questions
regarding arbitration or need more information, you
can call the City at 691-5047.
This increase is in addition to the
allowable pass-throughs: [identify
;amount of major capitol improvement
allowable pass-through]
The following space numbers are subject to this
increase: [insert numbers of affected spaces].
following
type and
or other
B. If the residents within the affected mobilehome park have
established a representative body and notify the owner in
writing of its existence, a copy of the rent increase
notice must be sent to the chairperson of that body.
C. A copy of the rent increase notice must be given to the
Community Development Department of the city of Chula
vista at the same time as issuance of the notice to
residents.
D. The rent increase notice must contain the space numbers
of all residents who are subject to the increase which is
above the amount of the applicable CPl.
E. The notice shall advise recipients that a deposit of 25%
of the cost of arbitration shall be made within thirty
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 6
~ jt--/V
(30) days of the date of service of notice or the right
to arbitration is waived. The deposit shall be made with
the Director of Community Development.
(Ord. , S1 (part) 1993; Ord. 2451 S6, 1991; Ord. 2306 Sl
(part)-;-i989.
9.50.067 Notice of rent increase upon change of ownership.
The review process shall also be applicable to the
situation where space rent is increased above the
applicable CPI upon change of ownership of the mobilehome
or removal of the unit. Either the incoming or outgoing
owner-occupant shall have the right to arbitrate, as
provided in this section:
A. outgoing Mobilehome Resident's Right to Arbitrate.
If an outgoing Mobilehome Resident intends to sell his or
her mobilehome, the Owner shall provide to the outgoing
Resident within 15 days of the receipt of a written
notice of intent to sell, a written statement as to the
rental rate to be offered to the incoming Mobilehome
Resident, as set forth below in subsection (c). If the
rate of increase in rent to the new owner-occupant is
above the amount of the applicable CPI as provided in
section 9.50.070 (A), then the current resident shall
have the right to arbitrate the increase under the
provisions of section 9.50.070. The right is subject to
the outgoing resident placing a deposit pursuant to
section 9.50.070 (B) below, within 30 days of service of
the owner's written statement, as shown in subsection (c)
below, to the outgoing resident.
B. Incoming Mobilehome Resident's Right to Arbitrate.
The Owner shall also provide within 15 days of the notice
of sale of a unitY, a written statement to the incoming
Mobilehome Resident as to (1) the rental rate to be
offered to the incoming Mobilehome Resident, as set forth
below in subsection C, below, and (2) notice as to
whether the outgoing Mobilehome Resident completed
arbitration in good faith as to the increase. At such
time as an incoming Mobilehome Resident receives such
1. Kelton wishes that the underlined language be amended to
read: "receiving a copy of a completed agreement for sale of
the Mobilehome". Staff concurs and will recommend the change
in the next contemplated revision.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 7
ftr1JIJ-il
notice, properly and truely prepared, then if the
outgoing Resident did not, in good faith, exercise or
pursue to completion their right to arbitrate stated
above in subsection AY, the incoming Mobilehome Resident
shall have the right to arbitrate the increase under the
provisions of section 9.50.070. The right is subject to
the incoming Mobilehome Resident placing a deposit
pursuant to section 9.50.070 B, within 30 days of the
date on which the incoming Mobilehome Resident receives
the park owner's statement regarding the proposed rental
amount as set forth in subsection C, below.
C. The park owner's statement shall contain the
following:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE IN A TIMELY
MANNER, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE UPON THE SALE OF YOUR MOBILEHOME
This is a statement of space rent increase which exceeds
the percentage increa.se of the Consumer Price Index (CPI)
for the twelve (12) month period, as reported by the
Bureau of Labor statistics, preceding this statement.
The CPI is % and this increase is % of your
current rent. This increase is in addition to the
following allowable pass-throughs: [identify type and
amount of major capitol improvement or other allowable
pass-through] .
Under the City's Municipal Code, the outgoing Resident
has the first right to arbitrate the rental increase, and
in the event he or she fails to pursue arbitration to
completion, the incoming Resident is entitled to file for
arbitration with the city's Community Development
Department. In order to arbitrate, you must place an
2. Mr. Kelton urged inclusion of the following at this point:
"or reach written aqreement as to the amount of the space
rent for the incominq Mobilehome Resident"
Staff originally rejected it on the following reasoning:
Allowing consent between the Outgoing Resident and the Park
Owner as to the amount of the Incoming Resident's rent is a
partial adoption of the "anti-gouging/economic eviction"
purpose of the ordinance as opposed to the "supply of
affordable housing" purpose of the ordinance.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 8
~/t, ~/2
arbitration deposit of $ with the City's Community
Development Department within thirty (30) days of the
date this notice is served on you. If you do not place
the deposit, you forfeit your right to arbitrate the rent
increase.
If you are low income (below $13,000-15,000 per year),
you may be eligible to receive assistance for part of the
cost of arbitration from the city's Community Development
Department. If you have questions regarding arbitration
or need more information, you can call the City at
691-5047.
(Ord. , Sl (part) 1993)
9.50.070 Initiation of Space Rent Review.
A. In any situation where the space rent increases in a
twelve (12) month period exceed cumulatively the
percentage increase of the consumer price index, as
reported by the Bureau of Labor statistics for the most
recent twelve (12) month period preceding the rent
increase notice, the following procedures shall apply
unless the owner receives written consent to the increase
from the affected Resident(s). The owner must file the
original of the written consent with the Community
Development Department and notify the Resident that this
has been filed.
B. The Resideqt shall be required within thirty (30) days of
the date of service of the notice of increase to deposit
with the city Community Development Department 25% of the
estimated arbitration cost for one day of arbitration.
Arbitration shall begin in not less than 20 days nor more
than 30 days after the date of service of the notice of
increase, provided the Resident's deposit has been made.
c. Upon receipt of the Resident's deposit and notification
to the park owner, the park owner shall have 7 days to
provide a deposit which shall be equal to 75% of the
estimated cost for one day of arbitration. The park
owner shall sign an appropriate document submitting the
dispute to arbitration when making the deposit.
D. The cost of arbitration including costs incurred by the
American Arbitration Association in cases where a
settlement is reached prior to any hearing will be
shared.
The owner shall be responsible for 75% and the Resident
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 9
~/ (; ---u
responsible for 25% of the first $750. Any costs of
arbitration above $750 shall be shared equally by both
parties. Additional costs above the amount of deposit
shall be due and payable subject to the requirements of
the American Arbitration Association.
E. The arbitration shall be conducted according to the
applicable rules of arbitration of the American
Arbitration Association and under the auspices of the
American Arbitration Association.
F. The decision of the arbitrator shall be advisory to the
Mobilehome Rent Commission. Both parties may waive
arbi tration throught the American Arbi tration
Association, and have their case heard directly by tghe
Commission in the first instance. The arbitrator's
decision should be submitted to the Mobilehome Rent
Commission within thirty (30) days from the beginning of
arbitration.
G. The arbitrator's decision shall be submitted to the
City's Mobilehome Rent Commission, which shall affirm,
modify, or revoke the arbitrator's decision at a public
hearing held within sixty (60) days following such
submission, which decision shall thereupon be final. The
parties may stipulate to merely a review of the record at
arbitration, or either side may request a "denovo"
hearing by the Commission. If a de novo hearing is
requested, it shall be conducted in accordance with
procedures adopted by the Commission which satisfy the
requirements of "due process" and will constitute a
hearing at which evidence is required by law, so that the
Commission's decision is reviewable by the courts by a
writ of administrative mandamus pursuant to Code of civil
Procedure section 1094.5.
H. In the event that the owner reduces the rent increase to
the applicable CPI, 'or more than 50%1/ of the affected
residents agree in writing to settle the dispute, the
arbitration process automatically terminates.
(Ord. , ~1 (part) 1993; Ord. 2451 ~7, 1991; Ord. 2227 ~2,
1987) .-
9.50.073 Factors to Consider in Fixing Space Rent
3. In our effort to delete the notion
we omitted to delete this reference.
this correction in the next revision.
of the "Group Concept",
Staff will recommend
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 10
~/? ~/,/
If a proposed rental increase is submitted to either the
American Arbitration Association or the commission ("Rent
Reviewing Authority") pursuant to the provisions of this
Chapter, the Rent Reviewing Authority shall determine the rent
that is fair, just and reasonable, and, in doing so, may
consider the following factors:
1. The need for the proposed rental increase of the
space in order to permit the Owner to secure a fair and
reasonable return, when considering the existing rental scheme
for all Spaces in the Park and all existing or expected
expenses in owning and operating the Park, on the Owner's
investment in the Park. A fair and reasonable return may be
determined by the Rent Reviewing Authority by reference to
industry standards, risk of investment, or other acceptable
standards.
A. In considering the existing or expected
expenses in owning and operating the Park, the Rent
Reviewing Authority may considering the following
items of expense, the reasonableness of such items,
and changes to them:
(1) Property or other taxes.
(2) Mortgage or ground rent payments.
(3) utility costs.
(4) Capital improvements or rehabilitation
work.
(5) Repairs required.
(6) Other operating and maintenance costs
2. The extent to which the proposed rental increase will
cause a reduction in the resale value of the Mobilehome.~1
3. Changes in the Consumer Price Index for All Urban
consumers in the San Diego Metropolitan Area published by the
Bureau of Labor statistics.
4. Rents lawfully charged for comparable mobilehome
4. This is new and is designed to permit the Rent Reviewing
Authority to discount a proposed increase above CPI if
necessary in order that the resale value of the Mobilehome is
not reduced by. the rent regulation. This language is not
designed to permit the Authority to reduce the rent in order
to enhance the resale value of the Mobilehome. Any adjustment
based on this factor may only be used to return the resale
value of the coach to its "pre-regulation" value. Mr. Kelton
oppossed inclusion of this factor.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 11
~/6---/~
spaces in surrounding market.
5. The timing and amount of rents and rent increases for
this and other Spaces at the Mobilehome Park.
6. The quantity and quality of the improvements and
features at the Mobilehome Park.
7. The quantity and quality of services offered to Park
Residents.
(Ord. , Sl (part) 1993)
9.50.075 Fixing of Space Rent
The rent on any particular mobilehome Space shall be
fixed as follows:
A. In the event that the tenant and an Owner reach
agreement, with or without the benefit of mediation or
arbitration, the rent for the pad shall be fixed at the agreed
upon rent at such time as the agreement is reached unless the
agreement otherwise provides for a different effective date.
B. In the event that the tenant and an Owner do not
reach agreement, and the rent has been established by the
Commission according to the procedures herein established, the
rent for the pad shall be fixed at the rental rate so
established by the Commission as of the date of the
Commission's decision, unless the Commission shall fix a
different date. However, except where the rent has been
waived, or where Overcharge Damages or Treble Damages are
assessed by the Commission, the Commission may not set the
rent lower than the pre-existing rent or higher than the
amount contained in the Notice of Rent Increase in excess of
CPI.
C. Unilateral Refusal to Pursue Arbitration. In the
event that the tenant or Owner fail or refuse in good faith to
follow the procedure herein fixed for the establishment of
rent, which may include but not be limited to refusal to
deposit funds as required, refusal to attend noticed hearings,
then the rent for the pad shall be fixed as follows:
1. If the tenant has failed or refused in good
faith to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed
at the rental rate contained in the Notice of Rent
Increase in Excess of CPl.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 12
~ /~ ---/6
2. If the Owner has failed or refused in good
faith to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed
at original rental rate not increased by either the
CPI or the amount contained in the Notice of Rent
Increase in Excess of CPl.
D. Waiver of Fixed Rent. Notwithstanding the
aforementioned manner in which the rent shall be fixed, a
refusal or failure, accompanied with the ~ improper assertion
that a greater rental is due by the Owner or his or her agent,
to accept a rent payment from a Resident in an amount which is
equal to or greater than the rent fixed by Subsections A, B or
C of this section shall constitute a waiver by the Owner of
the right to collect said rent, in its entirety, for the
rental period for which the rent was refused.~
E. Waiver of Rent for Failure to Institute Legal Action.
Notwithstanding the aforementioned manner in which the rent
shall be fixed, a failure to institute legal action within 90
days after a rental payment is due shall constitute a waiver
by the Owner of the right to collect said rent, in its
entirety, for the rental period sooner than 90 days prior to
institution of action.Y
(Ord. , !!;1 (part) 1993)
9.50.076. Right to Mediate Mobilehome Resale Price.
A. In line with the purpose of this Chapter to maintain
a supply of affordable housing in the mobilehome market, it is
the goal and objective of the City that an outgoing Resident
should not be able to command, due to limited Mobilehome Space
availability, a higher price for a Mobilehome upon sale due to
the fact that the space rent is regulated by the provisions of
this Chapter. ~owever, the Council finds that the extent and
prevalence of overcharging for Mobilehomes is not so
5. Mr. Kelton urges the insertion of the word: "knowingly"
[improper assertion. . .J Staff concurs with the change on a
trial basis. It will require proof that the proper amount of
the rent as fixed by this Ordinance be communicated to the
Owner or Manager.
6. Staff and Commission wish to reserve judgment on this
section after further legal evaluation.
7. Staff and Commission wish to reserve judgment on this
section after further legal evaluation.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 13
~ )t~/7
significant a problem in Chula Vista, and that it has little,
if any, significant effect on the supply of affordable housing
in the City of Chula Vista, to require Mobilehome resale price
regulation by the city. The Council feels that this is due, in
part, to permi ting cpr increases in rents without review.
However, on a case-by-case basis, there may be isolated
occurances of overcharging for Mobi1ehomes due to space rent
regulation, and in such event, any abuses can be adequately
addressed by the mediation offered by this section. The
Council further finds that if, after time, it appears that the
mediation process offered by this section is inadequate to
address the problem, it may reconsider more stringent control
over Mobilehome overcharging.
~I
B. If, prior to executing a Mobilehome purchase
agreement, the incoming Resident contends that the price at
which the Mobilehome is offered by the outgoing Resident is
higher because of space rent regulation than the price of the
Mobilehome without space rent regulation, the incoming
Resident has the right, upon tender to the seller of an offer
to purchase the Mobilehome at a price acceptable to the
incoming Resident, to submit the price dispute to the
Mobilehome Rent Review commission for mediation.
C. Upon submittal of the price dispute to the Mobilehome
Rent Review commission by the incoming Resident, the
Commission shall convene as soon as possible to hear the
dispute, not sooner than 10 days notice to the buyer and
seller of the time and place at which the mediation shall
occur. If the Seller fails to appear, the Commission should
hear the complaint and evidence of the incoming resident for
the purpose of creating a record of such abuses, if any.
However, the commission shall have no power to set the resale
price of a Mobilehome with or without the presence of the
parties. If the parties fail to mediate, or fail to agree in
mediation, the offer to purchase shall be deemed revoked.
8. The Commission Chairman, Thomas, urges insertion of a
section at this point which will, early in the negotiation
process for the sale of a Mobilehome between the buyer and
seller, the requirement for the seller to advise the buyer, in
writing, of the right of a "serious" buyer to mediation of the
price if he or she contends the sales price asked for the
Mobilehome is too high as a result of rent regulation. Staff
concurs with the recommendation and will address it in the
first proposed revision.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 14
~ j'?~/~
D. The purpose of the mediation, and the sole
jurisdiction of the Commission in the mediation, is to get the
parties to agree, if possible, to a price which reflects the
value of the Mobilehome as if the space rents in the park were
not regulated by this Chapter.
(Ord. ____, ~1 (part) 1993)
9.50.078. Criminal Acts
The following acts shall constitute a criminal violation
of this Chapter, including the Owner of a Park if done by an
Owner's agent with the knowledge or consent of the Owner:
A. Knowingly demanding2l, accepting or retaining any
rent in excess of the amount fixed by this Chapter,
including the demanding of rent waived under the
provisions of Subsection (e) of section 9.50.075.
B. Knowingly commencing, or threatening to commence, or
maintaining an eviction or unlawful detainer proceeding
against a Resident for the failure to pay a rent in
excess of the amount fixed by this Chapter.
(Ord. ____, ~l (part) 1993)
9.50.081. civil Remedies.
A. civil Action. Any person who ~I demands, accepts,
receives or retains any payment of rent in excess of the
maximum rent allowable by this Chapter shall be liable in a
civil action, including unlawful detainer, to the person upon
whom the demand was made or from whom the rent was accepted or
received, for reasonable attorney's fees and costs as
determined by the court, plus damages ("Overcharge Damages")
in the amount by which the payment or payments demanded,
accepted, received or retained exceeds the maximum lawful
rent. A civil penalty of treble (three times) the amount of
the Overcharge Damages ("Treble Damages") shall be awarded
against the landlord upon a showing that the landlord has
9. Mr. Kelton urges insertion of the words: [Knowingly
demanding] "in writing, "Staff is evaluating this
recommendation.
10. Mr. Kelton urges insertion of the word: [Any person who]
"knowinqlv" [demands] "in writinq", [accepts, receives or
retains. . .]. Staff and the Commission will be evaluating
this recommendation.
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 15
~ /t/~/1
acted willfully or with oppression, fraud or malice. No
administrative remedy need be exhausted prior to filing suit
pursuant to this subsection.
B. Administrative Action. In the event that either a
Resident or Owner has a dispute as to whether a rental payment
is due or has been waived, or a dispute exists as to the
amount of the rental payment due as in the case of a dispute
over the proper of CPI, or as the the amount of the Overcharge
Damages or Treble Damages, the Mobilehome Rent Review
Commission is hereby empowered to hear and resolve all such
disputes, and, as appropriate, reduce or waive future rental
payments due the Owner by the proper amount of Overcharge
Damages or Treble Damages the Commission determines are due.
(Ord. , 51 (part) 1993)
9.50.083. Criminal Remedies.
A. Any person comitting a criminal violation of this
Chapter shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under the provisions of this
Chapter shall be punished by a fine of not more than a $1,000
or by imprisonment in the county jail for a period of six (6)
months in jailor by both such fine or imprisonment.
(Ord. , 51 (part) 1993)
9.50.100 Severability.
If any section, subsection, sentence, clause, phrase or
portion of this chapter is for any reason held invalid or
unconstitutional, such portion shall be deemed a separate and
independent provision and such decision shall not affect the
validity of the remainder.
(Ord. ____, 51 (part) 1993; Ord. 2163 5
(part), 1982)."
1986; 0 d 1997 51
ved ~ orm by'
Bruce M. Boogaard
City Attorney
Presented by:
mobhom7.wp Ord No 2551 as intro., annotated with comments
April 28, 1993 Page 16
If-:k' / ~ -;2C)
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item n
Meeting Date 05-04-93
RESOLUTION /7/ tJ,/ Conceptually approving the
waiver of certain fees and the funding of an access road associated with
the building of a Veterans Home/Recreational Facility in the Lower
Sweetwater Valley provided that the site is selected by the Governor's
Commission on a Southern California Veterans Home
SUBMITTED BY:
Community Development Di~tor
Parks and Recreation DirectOlf-'l
City Manager g
(..? '
REVIEWED BY:
(4/5ths Vote: Yes _ No _XJ
BACKGROUND: On March 23, 1993 City Council unanimously adopted a resolution which
conceptually approved the donation of fourteen acres of land located in the Lower Sweetwater
Valley area to the State of California, subject to environmental review required by law, to be
used in conjunction with six acres of land donated by Income Property Group for the purpose
of building a Veterans Home facility. The City Council also added an addendum to the
resolution which called for all parties to jointly develop a plan for the proposed Veterans Home
facility that contains a major active recreational element for both public and facility use which
would complement the Veteran's home project.
At the March 25, 1993 Governor's Commission meeting, the commission narrowed the list of
proposals, from thirty two to four primary sites which included Chula Vista, Lancaster, Twenty-
Nine Palms, and Brawley. In addition Perris, Sepulveda and the University of California at
Irvine were put into a secondary list pending additional information. Final ranking and selection
of recommended sites is expected to take place at the next Commission meeting scheduled for
May 6, 1993. It has became apparent that the primary candidates are aggressively lobbying to
be selected by offering the State additional incentives beyond the donation of land. For example,
Lancaster is proposing to finance the total project up front, Twenty-Nine Palms is proposing to
fund a portion of the State financial obligation and Brawley is offering to pay for all expenses
related to special studies, environmental review and infrastructure improvements.
RECOMMENDATION: That City Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: The conceptual plan to build a Veterans
Home facility at the site was approved by the Housing Advisory Committee at their March 24,
1993 meeting. In addition, the committee at their April 28 meeting recommended to Council
to consider the waiver of fees and the funding of the access road associated with the project in
order to improve the City's chances of being selected.
DISCUSSION: Several members of the Governor's Commission have asked whether the city
is willing to defray the costs associated with the improvement of the access road which leads to
I 7""
Item I 7
Meeting Date 05-04-93
Page 2
the site. Staff has responded to the Commission that these costs have been considered to be part
of the total project costs (30 + million dollars) which are expected to be paid by federal and
state funds. It has been pointed out that if additional funds were needed, the city would have
to consider alternative funding sources which might involve the participation of the adjacent
private owners, the county, and other cities in the area because the Veterans Home is of benefit
to the region. However, considering the competitive nature of the other Veterans Home
proposals, it is staff's recommendation that the city consider the waiver of certain fees and the
funding of the access road associated with the building of the Veterans Home in order to
strengthen the City's possibilities of being selected.
Recreational Element
At City Council direction, Community Development and Parks and Recreation Department staff
are in the process of developing a conceptual plan for the proposed Veterans Home facility that
contains a major active recreational element for both public and facility use. Last week, staff
met with Mr. Larry Sillman, the Barstow Veterans Home architect to discuss the Veterans Home
project and to explore the recreational element concept. He indicated that the integration of an
active recreational component would be of significant benefit to both the tenants of the facility
and residents of the surrounding neighborhood. Furthermore, the proposed access road
improvement could be designed to facilitate access to both the facility and the recreational
center.
Access Road Estimates
The City Engineering Division has estimated that a 40 foot wide by 1900 foot long access road
with curb, gutter and sidewalk on one side and curb and gutter on the other is needed to have
adequate access to the Veteran Home facility. It is assumed that a heavy structured section is
required because the soil in that area is more than likely high in clay content resulting in the
need for more suitable material for the roadway. The cost estimate to provide such a public
road is estimated at $225,000. The fees associated with such a project were also estimated. The
sewer capacity fee was based upon 400 beds, a dining room and a laundry. Preliminary fee
estimates are as follows:
1. Spring Valley Sanitation
2. Sewer Capacity
3. Traffic Signal *
4. Public Facilities DIF *
5. Plan check and Inspection
$ 2,600
$475,000
$ 39,000
$172,000
$ 20,000
* The traffic signal fee and the public facilities DIF fee are not required if the project is by a
public agency and that project is designed to provide the public service for which the agency is
charged.
I 7')..
Item
Meeting Date 05-04-93
Page 3
17
Financinl?: Ovtions
Any financing options would contemplate reimbursement by the benefitting parties owning
adjacent properties, lOG, MROSS and KOA. Staff has identified the following funding options
to cover the estimated cost of the access road:
. 1994 Community Development Block Grant funds
. Low/Moderate Income Housing funds as they accrue
. Park Acquisition and Development fees for recreational facilities
. Gas tax revenue
Staff recommends the use of gas tax funds accrued over a three year period (approximately
$75K1yr) in order to minimize the impact on other projects and the general fund. This would
require that the road way become part of the city's street system in order for it to qualify for
gas tax funding.
FISCAL IMPACT: Contingent upon being selected for the development of a Veterans Home
facility the city has several financing options to fund the improvement of the access road which
is estimated to cost $225,000. Funding options include 1994 Community Development Block
and low/moderate income housing funds, Park Acquisition and Development fees and gas tax
revenue. Staff recommends that gas tax funds accrued over 3 years (approximately
$75,OOO/year) be used and that a proportional reimbursement agreement be made with all
property owners who will benefit from the improvement. In addition, since the project is to be
built by a public agency, the city can consider the waiver of the traffic signal fees estimated at
$39,000 and the public facilities DIF estimated at $172,000.
[AO\A:\VETERANS.113]
DISK #4
I7-J /17-4/
RESOLUTION 171 tJ''1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONCEPTUALLY APPROVING THE WAIVER OF CERTAIN FEES AND
THE FUNDING OF AN ACCESS ROAD ASSOCIATED WITH THE
BUILDING OF A VETERANS HOME/RECREATIONAL FACILITY IN THE
LOWER SWEETWATER VALLEY PROVIDED THAT THE SITE IS
SELECTED BY THE GOVERNOR'S COMMISSION ON A SOUTHERN
CALIFORNIA VETERANS HOME.
WHEREAS, the need for a Veterans Home in Southern California is well
established, with over two-thirds (2/3) of the state's veterans residing in Southern California;
and,
WHEREAS, the State of California has created the Governor's Commission on
the Southern California Veterans Home to advise the Governor and the Legislature on the
placement of such a Home; and,
WHEREAS, it is contemplated that, wherever the Veterans Home is located, it
will provide shelter and services to 400 veterans and create 200 to 300 new local jobs; and,
WHEREAS, the City believes that the social and economic benefits of developing
the Veterans Home in Chula Vista would be very significant; and,
WHEREAS, Income Property Group has expressed interest in submitting a joint
proposal with the Agency to the Governor's Commission regarding a potential Veterans Home
in the Lower Sweetwater Area on property owned by Income Property Group and property
owned by the Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby imd, order, determine, and resolve as follows:
1. That a Veterans Home in the City of Chula Vista would be beneficial and
urges the State of California to select a site in Chula Vista for said Veterans Home.
2. That the City Council of the City of Chula Vista conceptually approves the
waiver of certain fees and the funding of an access road associated with the building of a
Veterans Home/Recreational Facility in the Lower Sweetwater Valley provided that the site is
selected by the Governor's Commission on a Southern California Veterans Home.
I 7.. S-
RESOLUTION
Page 2
3. That the City is interested in further exploring the possibility of locating a
Vllterans Home in the Lower Sweetwater Area and therefore directs staff to work with Income
Property Group and the Governor's Commission in examining the feasibility (including
economic, land use, and environment issues) of locating a Veterans Home in said site.
l~~~ ~.~
Chris Salomone
Community Development Director
Submitted by
[AO\A:\VETERANS.RES}
DISK #11
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