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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 -5- 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 3 7-7 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. 4 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 5 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) 7 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 - 1 - 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 - 2 - 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. - 3 - ~" 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. - 4 - fS"'/t? 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. - 5 - gr'''''/I 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-,/ .+, ~~ ~ :0 r-..... S I'll ~,~ ~g I iJ ~~ t.~ v>r- - _ oJ> <: =i;s ~ rr: 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 wp\bonita5k /~ ...).. III ~tc/) J A \.1\ ? <1. j '\{ '\/ ~ '] Ul u ,:~ ~1 \1: J '" <l... ~ 8 ~ .,L -J <:l... t - Q \v () \J' -.J W - ~~ (/l l........J 'C2 <v IU lifl :J 3 Vl CJ ~ ,:.-c.......:.......-.--: :S . -'.-'.- Ij '0 -.::.. cJ - L ~ In \J) Ii II It!- 3 //()~'I- ~ 0 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 (/-9 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 II-!O 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) WPC F:\HOME'ENGIJ'.o"EER\770.93 Page 3 ~ - ~/I-{I ~ . 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 l (-[ 2, . 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 11- 13 : 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. - j t 11-/5 . " f .. 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". p - I:J p-\0 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- /.- - 11-\ 7 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. ". 0-\ ' '\ 1 ,_I C7" \l-\~ 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 f:' - I::: \ i ---[ Y 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 ,21 - IL, ll-VJ 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. r~ i , :- 11~2-1 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 p - i-s t l -~1.- 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 A-i tl~~ 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 n. _ ,9 l1-iU. ri ',-I r ~ 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 ,,~ \I"~ 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 \,#~ ~c. '"' 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- , , do-:. \I-~' vr-! 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. p - ~ ~ 0_ ~ "..~q Page 9 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 p-;;-ill~3D 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 !"', no 3C 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. l-u tl-~ 32-. Page 12 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 r--J -', --I c- 11-~~3 Page 13 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 WPC F:\HOM::E'ENGNEER\770.93 p -;:7 II -~3+ Page 14 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 Page 15 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. p- ~""'. '-' Il~ Page 16 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 (-I _ II -~31 Page 17 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 SHEET I OF I - -_...'''' .........~" ...__ W? -~ ......- -. .. -,... "C_"_'."'U fll:lSTlNG t OF OT",.. ......LLE'T"OAD .~THL""'[OFLOT2 i I -'-. . . . . OUY VALL!" 'IO~'-- s .~ t1W:'72!_ '",.le' ALlfO -. . ~ , .,. , , , . , . . . . .'~.. . . : . . : . . . . . CD "".UI '0 .~ . ~ ~ . . . , ~ .~. ! ~ j< I '-- , I 2~4 10 Ne!"'~l'O""" ~. . . . , " " " " . -.., ....'...... ~~ , ~~ ~~ ..../ o..'.~ ..........- ........--::... '!:>~01'" _/" ..",~ ~~ -- . ," \1"'1C!~,.(. ..."t'~ ! .....<1.... ~ I ~ ' . ' -':1~~: ., 0, ., '. ..! , ~~ ,.-. , ._0...._-.....,."'" __: -:::,,:,~...'~\e - :. - - ~....._- - , . . , , " ~. "i.....-........ ~.r, " o " ~!e _ ~:: / --;:.-- .,~_ c, '" -- ~.""".t . ," " ..e1"21~ : ,.'201'2,'l ... ...'1''* ". -- -- .'JO'~',""t \11'''.0 L!UL DlSCIIlIl'TIC* ....., ,",... $tt,t ..... tlW11l)lo 01 ~O' rOIl RCtl<'O'" 'O~ _s.ou'", 11M" 'MS', .... ......~ ."'DO."," 'M( (tTy Of c...,.... ....rr..c(JUIITY ~ .....tJl(GoO. "."( fJI (.L..OOt...., O(~tl IS 'Ol.~OWS " __G." '~1 ~ 'I'", 1l'f:tT[Jll'~" OfUlDtO' 1:,~.0W1 ..US IO\)h< OO'~~.""S, "",'u,.._ TIC _'"W'lS'CClII'l<<Il '....OO'.,04tlICt lr..v..:. Ult Wf$'(.l' t-.t toJlO'''''-O<I.ru. "...o'u' TlCooct IOU"" ~Cr.' ~6'W[S' r16.S 'rt.. ...ooct _n. ''''06 r'.[AST ,...i. 'H'. .Mf'Oltf _,.. ..:r<'~r"s' SO""U' .....Cf _"" '''.0 ....US' 116"'n', to<<M:t _,.. '2"'n ~,' 'AS' ".,o'U'. .....Cf MO.... WO"".'(lI"'" 0' 'n'. '''lOCI' _,.. OO'.....{U. .'MlrT'. T>lI'':C_'" _,..00'....." ''''...'lr,.,'....OI(:{ illl.c.:. ,"" -'IS""", l" 01' """CI.O', ~,.. OO"IfH.wt" "",'rtT '0 ,.. "'-"fII__{, l(fOr..o 1 ....n. _.-..:I.'" crt't'~..... crn.,CIM.......... M,_ ...00' _ ~._ ....! -..-- -,-.-.. CD .....-..-. t;~;~.t.;",.....'StA tA, Of"'l.......'-' . 111:,01'0[0 III 'IC Dl'''1Ct 01' nw .......:_n.ar.' fII1 SfIllU' 00' ,,. Cih '" OM.. ."s,-,nU_DATfII ....! ~'rJKl('''IlO'ST.rn COhIlO'C"""'''''''-' "-"l IlO' '''.''0..." 1 ... ...sr'IloIIr' ." LtvCllI' ,.. c.,.., '" ca.Jl' YIlT' 0liI TlC lOTI, "'cn....o "'''-:llS Of l"'lC'...... 00 II.S .SSU_.' ...~a. 10M> .,."...., ..S S[YIIO 011 'OIl _DA' 00' ,,"S, U'O -'.UIIIII:'" OO-'CIII.. "'..0 'M(' "'lfn...' .000c Wf-"f .C_C '" Tift: fII1ncr Of TtC .......TflIflX.T Of' Sf-rtTS 01 "I;> C'" OW 'M( _Col.' Of' .fIIS "'lll(llC( tS"Dr TD ,.. nlls..'" IICLl "'CCJU:O_ ne: cr"U 01' TIC ....._UICll..' Of ",,"TS O"(WI 'IC O.t. aMOuNT 01' t.t>< aswS,,""I.' U\'1ftl...-s' lac".uUl. S~ ,..0.... OilT..SUIlS5lltl..'00.G'l.... 1;'" Cll"'l 0" 00' CH.A.-''''''-' "'.'1 or t.AI,......,.. ""..tOTlllI_Oo"O# ..n."TIC~ClO'_ O(l<<'_...tIOOO or"'~f1IU.""""1fC COII.uwr"'.C'llT'U'" 'MI' O"'a OO"IC COIJIl".CCllor. 01"" COl.*" 00' ..-...O.H.C.51-"lO/lCAl....OO'I..,.. t'CI!Io"...,oorlJ(. _nO'U"OOIGCl ,U"(Of''''LIO'_'-' (-- ~ .... ~ '- Il~ 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 /'. (~ ~ ,.'-u I \I-~+D Page 19 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 (--- ~,- ~. ~ - ~ tl.-~3q Page 18 WPC F;\HOME'E.~GINEER\770.93 -p \ I}J u\ .,..- \ ~ + - 'N OTAY ~ VALLE Y ROAD. .,~~.:.~.. . . ...~ :-:. .. '." . . .....,.... . . ", ,'. .' " 10'-ORAINAGE EASEMENT. " '.' '. '." ........ . . . . . . . ....... CD . ..-", ..... ." ." ". " "'. ," '" ...... l~'- SEWER EASEMENT. ....... .... ....... ". ". .... ...... ". "'. '. ". ..... ....: ':. :.". . '. '.. ....~... :.$:' ".':>0>.:' ':':Q:i' ...~. '<1{' .~ SEWER PUMP STATION EASEMENT. ..' -.. ." ',. "':", ." .". ." .'. ". '. ..,,"..." ..::.:::-:.:.::.;'::...... ~'c;N;h),;;';'i;/0c.i;.c. ..C..... . 10'-ORAINAGE EASEMENT. NOT 1U SCALf. LEGEND: (}) ASSESSMENT NUMBER. '---- DISTRICT BOUNDARY j::.":':::'-::<.'."J RIGHT-OF-WAY/ EASEMENTS TO BE ACQUIRED. .. , l , . . . . ~ . 'T: . ~ ~ < ~ :a - . o"'~Y v..L-LI.... ..... ,- '" ~ NO SCALE 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 ~ -?::l II -~4..3 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 . 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C BONITA CA 91908 b20b315100 CECENA inKLUS ,. CHULA VISTA CA ~l~;~ b200315)00 RUyl,O'E OAwN A CHULA VISTA CA <,I19K- b20b315900 rro~.H"IlY TRUST O-U8-89 CHULA YISTA CA ~1~11 b20bJ30300 b20b3301t00 ~RTOh 1II1L.LlA'" 1'l/1'I0RA-OkTON AN' llIAIDLEY NANlY .& Tr ^XXX AXAX ^AAX AAX A A^XAAAJ.X XXA^ X} ~~:~~~~~~~~~:~:~~~~~~~:~::~~g . XXXXXXXXAXXXXXXXXXXXXXXXXXXXX) XXXXXXXXxXXXxXXXXXxXXXXX.XXXXX) XXXXXXXX xXXXXXXX XX xXxXXXXXXX X) . xXXXXXXXI\.XXXXXXXXXXXXXXXXXXXX) xXXXXXXX XX xxxXXX XX XX XXXXXXXX X) . XXXXXXXXxXXXXXXXXXXXXXXXXXXXX) xXXXxxxXxXXXXXxxxxxxxXXXXXXXX) xXxXXXXXxXXXXXXXXXXXXXXXXXXXX) XXXXXXXXxXxXXXXXxXXXXXXX.X).XX).) . b2063U:8vO GAGNON CHARLES ~U[A '''TA CA JiCHRISTINE A 91911 b2063132uO BUCHHOLZ S TE YE CHULA vISTA CA o 9191Z ..bZOb.HJ6uO 11.0"0 "AR loA CHULA vISTA CA 91911 020631'1000 . 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YNE J/LINOA L ehUL.A V STA CA 91911 bLltl002100 . r~~" PAU~ _ ~ ChULA VISTA CA 91911 b 241002500 P ARKER JA"E~ t ChUlA VISTA CA 91911 91911 bZ"tOYOHOO FLETCHER CARLETON L/KIHI CHULA VISTA CA 91911 bZltOY01600 fRAVU HART IN CHULA VISTA CA 91911 b2 "0'102200 LDCKl..IN SAMMY " SAN I.lIEGO (;A 92:H't b2H000200 PAIVA DOROTHY 'HULA Y~H A LA 91911 62"1000600 GENTKY VIETA W .CHULA VISTA LA 91911 bZ"1001000 TRI{:K GEOKGE G/TOSHIKO CHULA VISTA CA 9 'Ill bZUOOl"tOO ENKI~UES EKN~STO L/~ARIA E CHULA VISTA CA 91911 b1"1001800 PARKf:R DAN A/PAULlNE A CHULA ,1~'A CA 91911 bZHOO2Z00 GREEN BONNIE R CHULA VISTA CA "91911 bZUUOZbOO "ANDuLPH '''ril J/UDNNA l YANCllUVER ~A 9tlbtl1~ 6Z4tu901100 TROVERS PAuL CHULA V I J IIIANOREA S A 91910 b1/t0901500 LOCKLIN SAM~Y M/ROSITA 0 SAN DIEbd CA ~k15" 61"0901900 ELANEY-GAUGER OOROTHY A CHULA VISTA A 91911 b1lt0902300 N Y Ru CHULA VISTA L/V!RGINU C A 1.11911 b1ltl000300 E8ERLE TERRY ~ ("VERONI CA N CHULA VISTA CA 1.11911 61"11000700 SEGUR~ lU'r ("'RIA l CHULA VISTA CA 91911 bZ41001100 CHAVEZ HUGO R ~HULA VISTA CA 1i/1911 b141001 ~OO J1ANTZlEr l'm~1f CHULA VISTA CA 91911 b2"11001900 BELL EUGENE CHULA VISTA K 1190 rRuST CA 91 'Ill b14J,OU2300 VAluUEZ ROGELIO/SOCuRKO CHULA ViSTA CA 91911 b241001700 DEFURE JEk1l0 ~/LOUISt F CHULA ViSTA CA 91911 02"t0901200 THOMAS DUNALll R/CYNTHIA CHuLA VI~TA CA 91911 b2 4090 lbuO ARliNEZ ANGl;l R /JESSIE r CHuLA YISTA A 9 II b2"t0901000 liURGEON JA~es K/ALlCE H CHuLA VISTA CA 91911 021t01.,l0Z41)0 lUTI "~H iAReOS E/HIlOA G CHuLA VI~TA CA 91911 b2"tl000"UO NElilTuN DANNY LIS UNDA'..,. 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Nuf.. , ...~ f)'"'' blOb3't0100 FOGG ROBERT CHULA VISTA AJANGELA U CA 619[' b20b3"'O~OO A AGA RUOOLFO/SULI:OAO E CHULA VISTA CA b20b3...0900 tlm~mJwlA" P CHULA VISTA CA 91911 b20b3..1t1300 WANNA"AKER "ICHAEL H/SHANNA L CHUL.A VISTA CA 91911 blOb3't1100 SANVICTORES ERWIN B'"ARILOU V CHULA ytSTA CA 91~11 blOb3...Z100 GALLEGOS CE~AR CHULA VISTA CA t/E""A C 6i,1I b20b3...1;00 BOTELHO FRAHK III CHULA VISTA CA 91911 blOb )0\2<,1 00 THO"A) tsONNIE L CHULA VISTA CA 9191.1. , b20tl.ltQ3uOO [ARHU" ARLENE S CHULA vlsII CA 'lI191u biOb"tU3 'tOO WELCH "ARGAKET A CHULA VISTA CA <,11911 b20b't031l00 TAPIA GABRlil A CHULA VISTA CA ~1~11 b20c>'tO'tiOO BARbA kuCIANDJHILDA "'J . . .. . b206HOZuO QLS TAU TRUST bONITA CA ~ 9 07-Z7-~O , b10bH06UO ~ILlALPANOO CHULA VISTA "IGUR A CA 'H911 b20bH1000 '~~AlE1 "ICHAEl 0 CHULA 'It STA CA IH~J L blObHH uO HauTlN GARY t'I CHULA VI STA "Ill NO.1. " CA 8'.lll b20b H1B 1.10 AlFERI.T~UST 9-13-90 LHuLA VISTA c1-91913 blOb34lZuO nrEN FRANK E/JUANNE " SAN DIEGu CA 9~1~4 b2Qb3"t2buO UCHI JAnT K CHuLA YI)fA CA u,m b2UbJHOvO ~"OAOt Innr"~~1 CHULA VliTA CA ';11911 b20b4031uO ~AB ~ blObltOJ5uO LACY Ft:L J.IA <AKA BATES FELlU.: . LHuLA YI~TA LA 91911 b2ub'tOJ9uO bB GUN SuRvlvOR'i '1 LOKDNAuO CA ~2!1~ TRuST 03-Z2. . tllUo'tO't3uO ,'IOLOO IU ,n" <".r" IA ..) . ,~ It .;) 04 .., . . . . . . . .-- ~ ~ blOb3,j0200 FkANZI::N CrlAKL Nt A VISTA CA 91~11 b20bBObOO P ERUNTD KI"jKft (hULA ~lSTA CA fH<,lll b lOb3HOOO GARCIA t\ARY L ~NU~A VISTA CA 4,911 6 ZOb3H'tOO JOHNSON BARtsAKA A ~NC~A Ul~ll <A 91911 b 20b331 800 T QRRES ISRAELJDEllA C hULA VISTA. CA 91911 . b 200332200 PAL~"JNO PASCUAL "'"ARIA S eNULA VISTA CA ij,,1, . . 6l0b332bOO ~ lIRa MARIA A ChULA VISTA CA 91910 '" '" b 200333000 Y~NIUELA JEFFREY J/EU~A C A VISTA CA 91911 blOb333'tOO TROVATO RICHARD R ehUlA VISTA CA 91911 b ZOb 3331100 NAVARkO MUNICA C ~ULA VISTA CA 'H'Hi b 2"tlOOO~OO FRAuSTO RflRl-IU A/aLAN!';A T SAN 01 EGO CA 9211"t b l'tlOu0400 JACKSUN fuZEll H/AlBfIlTHA blub,j30JUO ORTOh wI U.. IA" "'"ORA-Ok TON C CHULA VISTA lA 91911 - 020&330100 IJRAlJO EOWARLI J CHULA VISTA (.A 91911 b20b::t31100 DHI'rl' "A.TlN/.RACIELA V CHULA VISTA CA 91911 oZOtd3150Q I'lOkWUOD RICHARU ~/SANORA " CHulA YISYA LA 91910 6206::131900 GO"Ei ELIZABeTH (HulA VIH A LA 91911 0206332300 tiB GuN SURVIvOk'S TRuST 03-22- n COI<.OhAOO CA ~2.LU b206332700 ~RTON l YNN w.. <AKA SAN ole!" LA e,H. ZIEllLER B) b20b333500 l'UCHHOll c;. H\lE 0 CHULA VISTA LA 91912 b2 06 :n3900 >>RIStiANE RICrAfa S/SUSAN SAN UHGO CA 9<::1l7 .-~ -" . .----- 02;1000000 iEHTKY VIE}A III CHULA vISTA ~A 9l'l11 02"'11.101000 I<ll PATQfrl( r:rnlJrr r'Tn~U'V" olOtd,jO",OO ANI WAIDLEY NANLY A Tk CHULA VISTA CA 91911 b200330600 STEPPE ANOR~W W/JOY~E . ~~O[A VISTA CA 919U 620b331l00 "AlORANO "IkJA" CHULA VISTA CA 91911 b200331bOO BONAPARTE CUNSUELO NATIONAL CITY CA 91951 6206332000 AGUILAR "AfIO G/AID~E " CHULA VISTA CA 9191<:: 620b332"'00 BONILLA "IRIA" CHULA VISTA CA 91911 b206332800 SPAULDING GAIL L CHULA VISTA CA 91911 6206333200 HAI1"ACK RAY C SAN DIEGO CA 92123 b20b333 bOO B.OJI DAHIEL CNULA JISU " --- CA 919U b20033"000 DAY SCOTT/JACKIE TE"ECuLA CA 9~390 _~ .______n_._ . - - . - - - ~ ~ 6241000700 SEGURA JOSEt"ARIA L CHULA VISTA CA 91911 6l'tl001100 ...",,,..., ,,,,,,,, t.2o"6BOI)06 ~OMEl ROMAN/CAk"~N N CHULA VOlA l;A 91911 b206B09uO RUll JUAN V/CEFEkINA P Ullu~AL CITV CA 910'0 b20b3313uO 1ARRJLLQ VICTOR R REOLANOS CA 9237't b20b3311uO 01 TuLLlu LUCillE SAN OIEGU CA 9:./.139 020b33l100 QUINTANA J /" L CHULA. V A CA 91911 b206:H25uO lIACASKILL MIKE _ CHuLA ~D'A (;A 91911 . b2063329UO ~EINIKOFl- RUTH COKONADO CA ~211ij b20b::l333 UD ABDULLAH t'tJCHAEL/t'tUNICA fORD CHulA VISTA CA 91911 b2063337uO }TEWART CAROL J CHuLA YI~TA CA ~1911 b20b33/tluO NALS< mgU! IUmLlA (HULA VISTA LA 91911 ~ .~~,...~.t4b= b"Zltl0008UO t'HIlLlPS RttllCE CHULA VIHA CA A/SUE A <H911 b?"'!U!ll~ vO . . . . . . . . . . . . ,. . . . . . . . ! .. ~es ident 1224 Napa Avenue :hula Vista, CA 91911 Vanessa Edward . . ~hula Vista, CA 91911 Resident 4113 Sweetwater Road Bonita, CA 92002 N~:". . tl . . '" 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 L fl. Chula Vista, CA 91911 ~esident 1450-41 Melrose Avenue Chula Vista, CA 91911 , sta, CA 91911 ". .' Resfdent .......... Chula Vista, CA 91911 ~. Resident (!)\ 293 East Orange Avenue 'hula Vista, CA 91911 . I ". . ,. I ; ("~ . . -- .- . - - ." Fred Fiedler' Assoc. Patrick Fiedler ~-tv - - -- Los ngeles. CA 90057 I "\ I ; 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 . Resident 98 E. Naples.. Chula Yista. CA 91911 t\ \~/ '\ 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 , ~ 91911 I r . ! Cr)stal~~nders I 1t"_IIM.;- . I Chu1a Vista, CA 91911 ~ Chula Vista, CA 91911 Mary Shotwell ~. William Lynch ~'" . C u a ista, CA 91911 Elizabeth Stillwagon Vern & Wesley Ayres tr... Chula Vis a, A 91911 Veronica Eberly ~~....". -~uTa'Vista, CA 91911 Cynthia A. Thomas ~ -.,. II~. l - - Chu a Vista, CA 91911 Vincent & Brenda Ortiz _4 r~..If Jl Chula 1S a, CA 91911 91911 . CA 91911 .. ~ \~,,\ ~ . . &~I r", ~,r~ . \ 1 ~ ~,--- :~'-,J.I" \_A~4"""\",,,\-t Ll V. ,'''>-... !ViE; fIfE :O/2/;/~-e'S oP C HULA (//Si?! ~4.A)S/0- W,.<ptT TIlE e//y c,.c Ctf<<<A- t/,sM 7Z' ~ ~ O6>1t12A-<< "ctJ/C.. 3Uf .JMt/;t!L /b Are/I/Mf/M ~t!. flAMe. c.,t/.Res;OMr I (j es '\ rt!.> '1 I U ..~. l/dTeIl? Yf;C ~<> v vr.U e~ '--eS J \'t-TE..: t YES t'.......f 0;:..""..,. ~r~ / f2S 1 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 t:JJ c;;..._ff.".t~: ~ .:L ttJE3; 11fE J)/?/;/E.eS 0;= CHuLA V/Si?! 7k?d,us/7; U)/PtT fifE e/1Y c?~ Ctl<<tA t//sM P /I~ m;c Oem fl,Aq- FP It. aUf J e/Zc/;(;L ;b /l-re /t/Me!Aef :PA/tl. .....fJAAIIE. C.v.R@si~enr 1 ' e s I. tS I -l- ~~J ~. I/d7'e/l. ? . ..........,..--. 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 ( -:i~---~--~-5---f)~--~---n--;(--/'--~-;;~7i---------'-;::':tUJ ~~. (2. L ( <-. ~ _~~e6~-!-2-t_~-~f1'0t~ ----~-SJ-~_/!;L--- rj }_/'/.c.<~~cCc_ -~-'~'.=':-~~~~~-----\r;.' ~-~'--~------fj{~~~-)----~!.: . L _~.';0-~:::~~__ <C"'~-":'l____ ,,' \'\ _______~-----jl,J"-:,~:,-j0:.:5.~( -- ~-~--~-~.~--, ~---- ,,~rn~ - __ -=-_1-~_(",__:c,\Qj~~____~' _: \ "-<_,_~~~~~,di>:.~_':::l-4L G,x<: ~-o. , . --' ~_I_;~~:LAl~I~y/______ __~': ___~____~__~3~1J.i2~MT~stL4 , Ii r\,_~": 11./_ :_~ - ,)., """",, --~--~~~~~-----~------ !-1J::;~1:JJlJ.~.-'_ _',,:,-,,:'~'~..:.'~:... ..:;.;.- _ _ _ _/~ ~~{-~ ,-'( / ,J( . , '..-l, ' , " _~~~1l1A.J___~_fP _' _~=_~~_~f>_~~_Qf___t:'t~5_:S:__ ~~~/!/1{;~~~F~~:~~~~~;:;k/ :r ~~_~~"Y~l::-t~___ -_fA_~~___~~J2~ u~ 1 , -f' ~ .-- ~ ~ /77,3 !2V :\e-,.,d ~ -<O~~ .).$5/ :JL:..J #11,; --+@)i' "'ig, :i.-<3~ ~~' ~~_I~~ ~ !t.~) ~ -:L. L'A)t 'I N ~r--~v) ~~ "I I ::Id~~ $~-:t~~ . ~ i~~;, /. .~:?~"!~~ tl~ ~.~ r;~ ,41--: ~~, il a/. ~~~~'_~~?I . . ~I ..t. f'~.~ 4?s.J ~~,..) Qi.~ n~ (I e, ~~ J~ ~~ CJ~ .1, r~' 1 C7 : I ~r ~ ,JflJ~ ~~-~d~~~~ i 71 ~ 1;1 Ak;t::..;e.) ~ ~ . . . .. ..1& .e.J. J I r'~' ~. 1 l.::f.t- Jlf)O?Z: ~;J ~ ~J ~;;;~ ~~, ~~J~~/(7G~~z-.~J r~~~'~'~) T"" U ~~~;J,~..4'~v4j~ ~~~ I~~~~ ~fI ;,? ~~ ~~ ~ I~" . '4-Tth~t'~ .ft~J~.-.~~i~~ ~!2~~~ I'~~~ .~.k) .~ ~~d ~~ ;ne./. "'h-.!i~C-V~~/~/_~~' LI' ~ ~ ,.- @~~ ,z,.b6-/ ;~ ;L. ~ ~ If7'3 .J.-Z;-J # / it; , .' ,~ .-Z~) , _ 0 . /JJ) .). ~~)~~e -v r .....J r , f'~ ."",,..:1 a,..~ ;Z ~ +J..-~JyI ~ bd~' (7 7r ~ 4,r~'/ ~ tJ~ eft. 9/1'// J f~ p~ ~Ol ~' ~~~~ ~'i~~~/ . '1 ~ ~~. L9pJ~P .'- OOIffJ'70.u 5'jC,v.>.F /1 J? r-;2;L 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 c.?/-Y/73 c.;/.t;r-k'.. :7.,-0;' ,h:..uz- /JU'o,,,,=-' r"'--"'-- Yk~~~' cf:n--R.-c-Le,d/ 3/~_/c co- /~.- 7...-' LJ..J.J ~ /' -- ~ r:o'l > < r:o'l Z - ~ >- ~ z < ~ ltl ., Brandywine Ave .~ . ( PCM-93-16 NORTH [ ~. ~ .., ,.,.. . .. <> c ! ., OTA Y V ALLEY RD ---- - PROJECT LOCA TrON ---- ....----------- ) ) LOCATOR Chula Vista Auto Center Street Names . . fr. ... , ( ( ( . James Hettinger Nolte & Associates - San Diego, CA 92123 . . , LAB~ 004.j7 PC/',-l.J3-1tl S T I~A"iE CnA1I.Gt: AuTu PAkK DRI X xXx x,; X X)(xX).X).xxxxxxx xxxx).x xx X xx). X 1-. X xxx X xx AX xXx XXX xx xx AX).X X xXX XA X xxx x xx xX xx xx..(x xx xx xxxX x xxx Xx x xxx x xx xx xx x xxx xx xx AX xx . . x xXx XJ... X XXX X xx xx xx x xxx xx xx xxxx x xxx Xx X xxx xxx xx xx ^ xxx AX XX,\X xx x xxx x). X XXX X AX xx XX x xxx xx xx),x xx X XX).XXXXXXXXXXXXXXXXX),XXXAXXX X >.Xxx), X xxxxxx xx xx AXXX XX xXxxxx x xxxx):. X ,,'f. ^ X xX xX xX xXX); xx xx xX xX . t> 24060 2700 JAVlE::. ft>",JLY TkU5T Q"t-i9-91 : "UCA VISlA C. 'Z'-lC 6 24~ 710"OG NAKAN" 1 SAN OlELC (to ..,.215j 62"2700400 :;lLef",T [: AI. 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I I . . . . . . . . ! , 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 _,.".......A .----~ ;" -- . J (oil > < (oil z - ~ >- Q Z < c:: Q:I ,# j ~iIo' A.. PCM-93-16 ] 1.5'5 ) ( ~' ~.l .. 'J= TA Y VALLEY RD - PROJECT LOCATION --- ~--- - --- --- -- 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 ~)t:/v 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 /)-6