HomeMy WebLinkAboutAgenda Packet 1992/05/12
Tuesday, May 12,1992
6:00 p.m.
.1', declare under penalty of perjury that i am
employed by the City of Chula Vista in the
Office of the City Clerk and thaI I posted
this AgenJa/Notice on tho Bulletin Board at
the Public rvices Building and at Citr Hall on
DATED. J ."?"Z SIGNED G1v"~~ ..
Council Chambers
Public Services Building
Relnllar MeetinS( of the City of Chula Vista City Council
CAll. TO ORDER
Councilmembers Grasser Horton ~ Malcolm _, Moore ~ Rindone.~ and
Mayor Nader _'
1.
ROll. CAlL:
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: April 21, 1992
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of Certificate of recognition and reward for reporting graffiti vandalism
resulting in a conviction. The Certificate of Recognition and reward will be presented to
Rechel Robert for reporting graffiti vandalism resulting in a conviction.
b. Proclaiming the week of May 10 - 16, 1992 as "CH1ROPRACIlC WELLNESS WEEK". The
proclamation will be presented by Mayor Pro Tempore Malcolm to Kevin L. Hoffman, San
Diego County Chiropractic Society.
c. Proclaiming the week of May 17 . 23, 1992 as "NATIONAL PUBUC WORKS WEEK". The
proclamation will be presented by Mayor Pro Tempore Malcolm to John Lippitt, Director
of Public Works for the City of Chula Vista.
CONSENT CALENDAR
(Items 5 through] 2)
The staffrecommendations regarding the following items listed under the Consent Calendar will be enm:ted by the
Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests
that the item be pulled for discussinn. If you wish to speak on 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 favor of the staff recommendation; complete the pink form to speak in oppositinn to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items and Boards and
Commissinn Recommendations. Items pulled by the public will be the [Il'S! items of business.
5. WRlTrEN COMMUNlCATIONS:
a. Letter requesting support of a Resolution supporting the acquisition of public land for a
Pilipino-American multi-cultural center. Paul D. Ones, Chairman, Council of Pilipino-
American Organizations of San Diego County, Inc., P.O. Box 880656, San Diego, CA 92108,
550 E. 8th Street, Suite 6, National City, CA 91950. It is recommended that the request be
referred to staff for further review and report back to Council.
Agenda
-2-
May 12,1992
6. RESOLUTION 16617 AUTIiORlZINGEXPENDITUREOFVARIOUSPOUCEDEPARTMENTFUNDS
AND APPROPRlATING FUNDS TIIEREFORE - The Chief of Police has
identified a variety of supplies and services for which funds are available
in the Asset Seizure Fund and the FY 1991/92 Police Department budget.
Staff is requesting authorization to expend funds. Staff recommends
approval of the resolution. (Police Chief) 4/5th's vote required.
7. RESOLUTION 16618 ACCEPTING DONATION AND AUTIiORlZING EXPENDITURE TO
PURCHASE A "DROP-PHONE' AND APPROPRlATING FUNDS TIIEREFORE
The Police Department recently received a $5,000 donation from Robert R.
Sutherland. Mr. Sutherland is a local businessman and President of the
San Diego Crime Commission. The donation is designated to fund the
purchase of a drop-phone for use by the Police Department S.W.A.T. team.
Staff recommends approval of the resolution. (Police Chief) 4/5th's vote
required.
8. RESOLUTION 16619 AUTIiORlZING AND SUPPORTING SUBMITTAL OF GRANT APPUCATION
TO TIiE SAN DIEGO REGIONAL FIRE AND EMERGENCY SERVICES
FOUNDATION FOR FUNDING OF FIRE COMMUNICATION EQUIPMENT,
SUPPORTING TIiE CITY'S FIRE AND DISASTER PREPAREDNESS
PROGRAM - Staff is requesting authorization to submit a grant application
to the San Diego Regional Fire and Emergency Services Foundation for
funding of fire communications equipment. Staff recommends approval of
the resolution. (Fire Chief)
9. RESOLUTION 16620 APPROVING TIiE FOURTH AMENDED UNIFIED SAN DIEGO COUNlY
EMERGENCY SERVICES AGREEMENf - The City has been a member of the
Unified Disaster Council, established by the Emergency Services Agreement,
since 1961. The Fourth Amendment Emergency Services Agreement
incorporates changes recommended by the Ad Hoc Task Force, the HlRT
Policy Committee, and the Unified Disaster Council. Staff recommends
approval of the resolution. (Fire Chief)
10. RESOLUTION 16611 APPROVING AGREEMENf BETWEEN TIiE COUNlY OF SAN DIEGO,
SOUTHWESTERN COMMUNlTI COlJ.EGE DISTRICT, AND TIiE Cl1Y OF
CHULA VISTA FOR CONSTRUCTION, MAINTENANCE, AND OPERATING
TIiE SOUTHWESTERN COlJ.EGE TRANSIT CENTER - The agreement
authorizes the County to proceed with construction of the Southwestern
College Transit Center and defines maintenance responsibilities between
the college and the City after the Center is built. Staff requests Council
continue to the meeting of 5/19/92. (Director of Public Works)
Continued from the 5/5/92 meeting.
11. RESOLUTION 16621 APPROVING SECOND AMENDMENT TO AGREEMENf WITH ROBERT
BEIN, WilliAM FROST AND ASSOCIATES, INCORPORATED FOR
ENGINEERING SERVICES IN CONNECTION WITH TIiE IMPROVEMENT OF
BROADWAY BETWEEN 'L' STREET AND NAPLES STREET IN TIiE ClTI OF
CHULA VISTA . On 12/20//90, Council approved an agreement with
Agenda
-3-
May 12, 1992
Robert Bein, William Frost and Associates, Inc. for the preparation of
construction documents and plans necessary for the reconstruction of
Broadway between "L" Street and Naples Street. A first amendment was
approved on 2/4/92, which provided additional engineering services for
inclusion of a major storm drain in the project. Certain tasks which
require additional engineering services that were unanticipated need to be
added in order to complete the final construction plans. Staff recommends
approval of the resolution. (Director of Public Works)
12. RESOLlTllON 16622 GRANTING EASEMENT TO OWNERS OF THE PROPER1Y AT 4045 PALM
DRIVE FOR WATER SERVICE TIiROUGH C11Y OPEN SPACE AND
APPROVING AGREEMENT WITH SAID OWNER - Mr. and Mrs. Thiang Chu
are planning to build a home at 4045 Palm Drive. The most practical and
economical way of receiving water service with sufficient pressure is to
have a remote service installed through City open space. In order to have
a meter installed, Sweetwater Authority requires the owners provide
evidence of a grant of easement by the City for the pipeline from
Greenwood Place to the owner's lot. Staff recommends approval of the
resolution. (Director of Public Works and Director Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLlTllONS AND ORDINANCES
The foUowing items have been advertised and/or posted as publiJ: hearings as required by law. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual.
13.
PUBUC HEARING
14.
PUBUC HEARING
CONDITIONAL USE PERMIT PCC-91-24: APPEAL OF PLANNING
COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE
STATION/MlNI-MARKET AND CAR WASH AT 1498 MELROSE AVENUE -
The application, submitted by Texaco Refining and Marketing Inc., request
permission to redevelop the service station at 1498 Melrose Avenue with
new facilities, including new dispenser islands and canopy, 1,800 square
foot mini-market/cashier building, and a 750 square foot mechanical car
wash. The permit was approved by the Planning Commission on 1/8/92
and has been appealed by Council. Staff recommends that the public
hearing be postponed until Council has considered/adopted a review
process for alcohol sales facilities in CoN zones. (Director of Planning)
Continued from the 4/28/92 meeting.
CONSIDERATION OF ASSESSMENTDISTRICfNUMBER 91-1 (TELEGRAPH
CANYON ROAD - PHASE II) - On 417/92, Council adopted the Resolution
of Intention to order the acquisition and financing of Telegraph Canyon
Road - Phase II pursuant to the Municipal Improvement Act of 1913 and
set a public hearing for 5/12/92 for the purpose of hearing public
testimony. The associated resolutions include confirming the assessment
ordering the improvements, approving the Engineer's Report, authorizing
Agenda
-4-
May 12, 1992
the sale of bonds and directing a call for sealed bids. Staff recommends
approval of the resolutions. (Director of Public Works)
A. RESOLUTION 16623 CONFIRMING 1BE ASSESSMENT, ORDERING 1BE IMPROVEMENTS
MADE, TOGE1BER WlTIi APPURTENANCES, AND APPROVING 1BE
ENGINEER'S REPORT IN ASSESSMENT DISTRICf NUMBER 91-1
(TELEGRAPH CANYON ROAD - PHASE II)
B. RESOLUTION 16624 Al.JTIiORlZING CERTAIN ASSESSMENT DISTRICf BONDS TO BE SOID AT
PUBUC SALE AND DIRECTING A CAlL FOR SEALED BIDS FOR
ASSESSMENT DISTRICf NUMBER 91-1 (TELEGRAPH CANYON ROAD-
PHASE II)
ORAL COMMUNICATIONS
This is an opportunity for the general publk to address the City Council on any subject matter within the Council's
jurisdiction that is !!e! an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communkations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record pwposes and follow up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this section of the agenda are expected to elkit substantiol discussions and deliberations by the
Council, staff, or members of the general publk. The items will be considered individually by the Council and stoff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
15.A. REPORT
MORATORIUM ON 1BE ISSUANCE OF ANY LAND USE PERMITS,
INCLUDING CONDITIONAL USE PERMITS, FORA PERIOD OF FOR1Y-FIVE
DAYS EXCEPT UPON CONSENT OF COUNCIL, FOR USE OF LAND AS A
HAZARDOUS WASTE FACIU1Y. Staff is in the process of preparing the
City's Hazardous Waste Management Plan as an element of the General
Plan which allows the City to establish planning and siting criteria and
processing requirements for hazardous waste facilities. The purpose of the
interim moratorium is to avoid the risk of having an applicant claim a right
to a conditional use permit until the City has properly adopted its
planning, processing and siting criteria. Staff recommends Council accept
the report and adopt the urgency ordinance. (City Attorney and Director
of Planning) 4/5th's vote required.
B. ORDINANCE 2513
IMPOSING, AS AN INTERIM AND URGENCY MEASURE, A MORATORIUM
ON 1BE ISSUANCE OF ANY LAND USE PERMITS, INCLUDING
CONDITIONAL USE PERMITS, FOR A PERIOD OF FOR1Y-FIVE DAYS
EXCEPT UPON CONSENT OF COUNCIL, FOR USE OF LAND AS A
HAZARDOUS WASTE FACIU1Y (lJI'l(encv)
Agenda
-5-
May 12, 1992
16. RESOLUTION 16612 APPROVING AN AGREEMENT WIlli MARIO TORERO FOR THE CHULA
VISTA MURAL PROGRAM - PHASE I - In November 1988, Council
requested staff investigate the possibility of developing a program which
would use murals to replace graffiti in certain areas of the City due to an
increase in graffiti vandalism. Since that time funding has been received,
an artist selected, and staff is prepared to proceed with the anti.graffiti
mural program. Staff recommends approval of the resolution. (Director
of Parks and Recreation) Continued from the 5/5/92 meeting.
17. REPORT REQUEST BY ADOLFO CASTILLO FOR A UEN AGREEMENT IN UEU OF
POSTING A CASH BOND FOR THE DEFERRAL OF PUBUC
IMPROVEMENTS AT 3344 MAIN STREET - The lessee of the property at
3344 Main Street is converting part of the building to a Mexican food take.
out restaurant. The City has required that he install public improvements
along the frontage of Main Street. He applied for, and was granted, a
deferral of this requirement with a condition that he post a cash bond in
the amount of $12,500. He submitted a written request that the City
accept a lien on the property instead of the cash. It has been the position
of the City that Council approve all deferral and lien agreements on all
projects other than single-family dwellings. Staff recommends Council
accept the report and deny the applicant's request. (Director of Public
Works)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whit:h have been forwarded to them for consideration by OIU!
of the City's Boards, Commissions and/or Committees.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items whit:h have been removed from the Consent Calendar. Agenda
items pulled at the request of the publit: will be considered prior to those pulled by Councilmembers. Public
comments are limited to five minutes per individuaL
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
b. Participation by elected officials at Trash Summit.
19. MAYOR'S REPORT(S)
a. Staff approval of liens to come to Council only if staff and applicant do not agree.
b. Process for filling Growth Management Commission vacancies.
c. Mixed use zoning on Broadway.
d. Discussion regarding Second Call Ordinance.
Agenda
.6.
May 12,1992
20. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Potential litigation pursuant to Government Code Section 54956.9 . Appropriate Technologies II
Potential litigation pursuant to Government Code Section 54956.9 . Vista Hill Hospital
Potential litigation pursuant to Government Code Section 54956.9 - Trash Franchise
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on May 19,
1992 at 6:00 p.m. in the City Council Chambers.
An adjourned Redevelopment Agency meeting will be held immediately following the City Council meeting.
/
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PROCLAIMING THE WEEK OF MAY 10 THROUQH MAY 1&, 111112 AS
-cHIROPRACTIC WEUNESS WEEK"
.. THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, good physiclII hMIlh. proper poelIn. Ind . _ of -.- are
1111 nIIaI "'",ellla of . procU:tIve Ind .1joyIbIe lie; Ind
WHEREAS, the dliIopadlc: ...~I !I'on haI fer __ decades ~ lIChIeve
Ind IlIIlnlaIn good heIIlh; and
WHEREAS, the ac:hIe_1lI11ld advIl..-llIthe chIIopadlc: poofllllon has
IIllIde to the Improvemenl of the qudly of lie In Is CQII1IIU'1Ity II In the highIst traclilion8
of heaIlh ClIf8 ..w.; IIld
WHEREAS, chilllpfactic ClIf8 haI belll111lt8d mIIIIonI of pIIIIeIlllI:
NOW, THEREFORE, I, TIM NADER, Mayor of the CIty of Chula VIlla, CIIIIomla
do hIrMly proclaim the WIIIk of May 10 lhrough ITlIIy 16. 1882 _ -cHIROPRACTIC
WEUNESS WEEK" In the CIty of ChuIa VIlla.
,2Jtdetf this 8thef~ ~ May
19~
~ ~~~r
(JJt~or 5" tlte ('!Y 5 aura 'Vista
L/b-I
COUNCIL AGENDA STATEMENT
Item
t.J.~...
Meeting Date
5/12/92
REVIEWED BY:
PROCLAMATION Proclaiming week of May 17 - 23, 1992
as National Public Works Week in the city of Chula
Vista, California.
Director of Public Works ~
City Manage:J~ ~~1
since the efforts of qualified and dedicated personnel who staff
Public Works departments in the delivery of services are essential
to the well being of the community, the American Public Works
Association is supporting the week of May 17 - 23, 1992 as National
Public Works Week.
ITEM TITLE:
SUBMITTED BY:
Accepting on behalf of the city's Public Works Department is John
Lippitt, Director of Public Works.
JPL:SBlA-113S/PROCLAM.PWW
050892
Lfc. ~ I
//
/
/
/
/
~
~ta, Gzlifintia
PROCLAIMING THE WEEK OF MAY 17 ~H MAY 23, 111112 AS
. "NATIONAL PUBLIC WORKS WEEK"
IN THE CITY OF CHULA VlSTA,CAUFOANIA
WHEREAS, p.jlIc __.w:.s pnMded '" IU ccmmunlIy.. ...1nI8grII pert
01 the quIIlIIy 01 ow~' ~ '-; rd
WHEREAS, the 8l4lPOrt 01... U1....dIlQ rd ~Ib,,~ dI2erry IIv1t8ltothe
eIIicIeIll op8IatIon 01 pubic __ ~1l8mI rd progI..... IUCh _ WlIIlIr, _, lIlreels
WId highways, UIIIIties, p.jlIc tluIIcII'9 rd WII8la WlIIlIr cllll.clio,,; rd
WHEREAS, the quelIty 01.. rd the heellh, uI8ly rd oolllfoo t 011111I CDl11IlU1IIy
grNlIy depend on __ ...-- rd __me.; end
WHEREAS, the IIlIol1II a1que11118d rd ~.~ pllllOl.llll whoatllll pubIc__
cIepertmenIa In the delivery a1..vicel1 .. ."1 ... to .. MIl b8In; 01 the COII1I'IlUI'lil:
NOW, THEREFORE, I, TIll NADER, Mayor 01 the CIty 01 Chula VIsta, do hereby
proclaim the week 01 May 17 hough May 23, '.892 _ "NATIONAL PUBUC WORKS
WEEK" end caD upon .. cftizllna rd c:lvIc orgenIzationI to ecquaInl1hel, IHIl/l1ll wIIh the
problems IrwoIved In providing pubic I8I'IIo8s end to recogID the conIrIbuIIonll which
pubic __ oIIIcIaIs lTI8ke -V *" to ow quelIty 01...
:Dater! this.lihrfty Jf ~av 19..ll..
..L ~ -~__
OJt~or!!f flit Ctlf!!f aura 'Vista
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RECEIVED
"92. HAY -8 P 4 :20
CITY 0': (~Hi ii A \li<: ',','i
_ , _< - . _' ,~., >J..), ...
CITY C' E'"'' ''''''I''~
' L Kfi.) \jrrtA:
May 8, 1992
MEMO TO:
FROM:
SUBJECT:
Beverly Authelet, City Clerk f'\c6i
Darlene Simmons, Secretary ~
Special Orders of the Day
May 12, 1992 Council Meeting
Per your request the following are the names of the people who will accept the
proclamation for National Hospital Week. These names were called into our office on
5/8/92 at 2:20 pm. by Mr. Jim Lott, President of the San Diego Hospital Council. Also
please note that we received a fax with the verbiage for the proclamation at approximately
the same date and time.
Mr. Jim Lott, President, San Diego Hospital Council
Mr. Rick Coon, Assistant Executive Director, Community Hospital
Ms. Diane Yohe, Director Public Affairs, Scripps Hospital - Chula Vista
Patty is out this afternoon. I will notify her of the current status of this activity by copy of
this memo.
DAS:das\129.4
cc: S. Summers
P. Wesp
File
,
. EXECUTIVE BOARD
Paul D. Ones
Chainnan
RIz A. Oad... Pb.D.
Vice-Chainnan
Rosie Padua Mab
Executive Secretary
Carol Leyva
AsSL Secretary
Ruth Onna
Treasurer
Dlna Ellorln
Asst. Treasurer
Regina Mendoza, C.P.A.
Auditor
Ernie Flores, Jr.
PRO
. MEMBERS
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_,\,:'\1\" ';.,..... ,-\J ;,
~ ';,}~~~~~t6.~wt.~"c~.. I '.....f.....Q F PILIPINO-A MERICAN 0 RGANIZA TIONS
t"'" \ \ \. \\OF SAN D1EGO COUNTY, INC.
.\ 7fJO\ ...... RECEIVED
~..~ ~\. ."..."..-c-~f;6MMUNlTY DEVELOPMENT THROUGH SELF-RELIANCE"
\~J_.\f:\ ~ . "92 MY .( m:.46 .
CITY OF~'fJ!Jldo'; r 1'1992
CITY C' ~.w ". ..,(."
U::.r\!\ ::: :'-,-,'r)\.<,_:
His Honor, Mayor Tim Nader
and Honorable Members of
the City Council
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
Dear Sirs:
Enclosed is a copy of a Resolution by the EKecutive Board,
Council of Pilipino-American Organizations, seeking the
support of the Mayor and Members of the City Council of
Chula Vista in connection with a piece of public land being
acquired fran the California Department of Transportation
by the Council of Pilipino-American Organizations (COPAO).
This piece of land is, indeed, vital in meeting the needs
of the Pilipino-American corrmunity to have its own multi-
cultural center. It is sad to note that while the other
minority groups, including ~can-Americans and Black-
Americans, arrong others, have their own cultural centers
and/or office buildings supported or funded by the govern-
rrent, the Filipino-American corrmunity does not have any.
Ferdie Balogtas
Cesar Candarl, M.D.
Reily A. Mendoza
Robert Rlc...
Tony Pizzaro
LeoStcat Incidentally, Assemblyman Pete Chacon has introduced State
CTOR Assembly Bill No. 2685, requiring CALTRANS to convey the
. EXECUTIVE DIRE property to the COPAO. He, however, needs the support of
the Chula Vista City Council considering that the subject
lot is located within the jurisdiction of Chula Vista.
Reily A. Mendoza
~'~\LS- l\\)
~'\:\ ~.~
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~.~~1\}N""~'
\ . \ I \",-\~'_'""_' I
~ '0 l'IJ l~. 550 E. 'th St., Ste. 6
Should the City,(:ouncil support us in the acquisition of this
public land, the Pilipino corrmunity would very Yo'ell be on its
own way to having its own ccmrnmity center for which the Pilipino
people would have been deeply grateful.
It is our fervent hope and prayer that the Chula Vista City
Council can see its way clear to acccmrodating this request.
~pectfullY yours,
(?-tot< I(JtC~/-"
PAUL D. ONES
Chainnan
WRITTEN COMMUNICATIONS
~:lCity'CA91950 . P.O.Box880656,SanDiego,CA92108 . t);!:.~6!f\t'-cs
6'~ - I
RESOLurION
BY THE
EXEOJI'IVE BOARD
CXlUNCIL OF PILIPINO-AMERICAN ORGANIZATIONS
SEEKING THE SUPPORr OF THE MAYOR OF THE CITY OF CHUlA VISTA
AND MEMBERS OF THE CHUlA VISTA CITY COUNCIL IN COONErI'-
ION WITH A PIECE OF PUBLIC LAND BEING ACQUIRED FRCM
THE CALIFORNIA TRANSPORrATION DEPARIMENT BY THE
CXlUNCIL OF PILIPINo-AMERICAN ORGANIZATIONS
-000-
WHEREAS, the Council of Pilipino-AIrerican Organizations, also
known as "CXlPAO", has sought the assistance of the gcxxl offices of
Asserrblyman Peter Chacon to acquire a piece of public land where a
Pilipino multicultural and senior citizen center can be build under
CXlPAO auspices;
WHEREAS, a piece of this public land owned by the California
Transportation Departrrent, otherwise known as "CALTRANS", has already
been identified jointly by the staff of Assemblyman Chacon and the
Departrrent of Transportation;
WHEREAS, the said parcel of land is located within the geographical
jurisdiction of the City of Chula Vista;
WHEREAS, CALTRANS, having no use of the said land, is amenable to
dispose the said property in accordance with existing law;
WHEREI'IS, Assemblyman Pete Chacon has introduced State Assembly
Bill No. 2685, requiring CALTRANS to convey the said property to the
Council of Pilipino-AIrerican Organizations;
WHEREAS, the passage of such legislation hinges on the full
support of the Chula Vista City Council and the California State
Department of Transportatim;
NOO, THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, that
the Executive Board jointly with the Board of Directors of the Council
of Pilipino-AIrerican Organizations in a joint meeting assembled,
request the Mayor and Members of the City Council of Chula Vista to
support the passage of AB 2685;
BE IT FURl'HER RESOLVED that a copy each of this resolution be
furnished Assemblyman Pete Chacon and the Director of the California
Department of Transportation;
IN WITNESS WHEREOF, we hereby affixed our signatures this !/O!Z..
day of April, 1992, in the City of National City, County of San
Diego, State of California, U.S.A.
/?o.-2.
paqe 2
RESOLUTION cont'd......
;Z; AJ. ~M___
PAUL D. ONES
Chainnan
12, t?--r 4. eld4
~~"'A. OAnES
vice Chainnan
"
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~v &t!Pr~
DINA ~~
Assistant Treasurer
~~~::-dv./~
Auditor
BOARD MEMBERS (]
~~, ~pr~r;'
(~u/." . ~~~~~.~
CESAR , M.D./ I 1.< ~ '1;\;t'~
A ~ ftA~
I~Y. ZA
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~ . MENDOZA
Actg. cutive Director
5"' A <3
COUNCIL AGENDA STATEMENT
Item Co
Meeting Date 05/12/92
ITEM TITLE Resolution 11010 1'1 Authorizing Expenditure of Various
Police Department Funds and Appropriating Funds Therefore.
SUBMITTED BY Chief of Police ~
REVIEWED BY City Manager.J~ ~ ~ (4/5ths Vote: Yes..x..No->
After reviewing the Police Department budget, the City Manager encouraged the department to
take the items described in this report to the City Council now, in advance of the normal budget
process because of the factors of safety and beginning certain programs in a more time effective
manner. This is made possible because a review of the Asset Seizure Fund has identified
additional funds in excess of those appropriated, the department has identified some purchases
it wishes to defer, and there are some prior year encumbrances that are available to support this
proposal. This request is for authorization to expend these funds to acquire equipment and
services which are currently needed within the department.
RECOMMENDATION: Approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
The Police Department (PD) proposes this Resolution to fund a variety of compelling
departmental needs. Implementing this program would enable the department to focus upon
issues related to the management of its resources and operations. The program provides for two
fundamental officer and public safety requirements: a body armor replacement program and
tactical S.W.A.T. weapons. The program equips the laboratory, traffic unit and administration
division with electronic systems to more effectively perform their duties. Finally, the program
begins the process of blending the department's culture with the City's overall management
philosophy through additional automation, organization development and training. These needs
have been identified through a number of methods. Upon a review of the department's
operation, it became apparent that the laboratory and traffic unit had significant issues with their
operational systems. This review generated the proposals for a evidence security system and
hand held laser radar units. Recent incidents at Readi-Care and in Los Angeles resulted in an
examination of associated officer and public safety issues. This examination helped initiate the
proposals for body armor and S.W.A.T. tactical weapons. In addition, the I have spent a
substantial proportion of my time assessing the department's current culture and methods of
operation. This review, facilitated by observation at major incidents and through individual
b ../
Page 2 Item ~
Meeting Date 05/12/92
interviews with all department personnel, drives the proposal for additional automation in the
Administration Division and a department specific organization development and training.
Specifically, the proposal includes the following components. Items A, B and C would be
funded through additional funds in excess of those appropriated in the Asset Seizure Fund.
Items D, E, and F would be funded through projected expenditure savings within the FY 1991-
92 Police Department budget.
A) BODY ARMOR REPLACEMENT PROGRAM ($37,200)
The Police Department mandates the use of body armor for all sworn personnel. Body armor
is constructed in a balanced weave style whereby interwoven fibers distribute and absorb the
impact of bullets. Body armor also offers some protection from blunt trauma associated with
gunfire, explosions, falls, car accidents and many improvised weapons (broken bottles etc...).
The Police Department has issued 195 officers and reserves body armor. Included in that total
are 160 who are currently using body armor which is beyond the manufacturers recommended
life expectancy and warranty period (generally five years). The current Base Budget provides
for replacement of six/ten annually.
Currently, there is an assortment of body armor being utilized that has varying degrees of threat
protection. Body armor is rated into one of four classes based upon its ability to stop
increasingly powerful ordnance. Staff has determined that Class II is the most appropriate for
use in Chula Vista based on the type of weapons typically encountered (including officer's duty
weapons). This level of protection is consistent with other agencies in the county. This request
seeks to standardize body armor throughout the department including reserves and provide for
a replacement schedule consistent with the manufacturer's warranty. The program would replace
80 body armor vests now and 40 more in FY 1994. Each subsequent year 40 vests would be
replaced. The focus now would be on providing new body armor to Uniform Patrol Division
staff. Officers assigned to Patrol generally face a more consistent level of threat. The
replacement of eighty (80) vests will be sufficient to protect those staff at an appropriate level.
First and foremost, this is an officer safety issue. Replacing body armor on schedule will
provide maximum available protection and thereby improve officer performance in some
incidents by reducing their concerns over body armor effectiveness. The issuance of out-of-
warranty body armor is not consistent with other county policing agencies or the manufacturers
recommendation. Additionally, the City Attorney has expressed concern over providing
differing levels of threat protection to officers who perform similar duties. In order to minimize
risk exposure, protect officers in the field and to improve officer effectiveness, body armor
would be replaced on the proposed schedule.
B) LABORATORY INVENTORY AND EVIDENCE SECURITY SYSTEM ($20,000)
The Police Department Laboratory is responsible for monitoring all evidence logged in by police
officers. The Laboratory's maintains a 3,000 square foot storage area, which contains nearly
every conceivable type of property and evidence. This evidentiary property remains stored until
L,.-.2.
Page 3 Item (p
Meeting Date 05/12/92
it is required for court, can be reunited with its lawful owner, is disposed of or is auctioned to
the highest bidder. On any given day, the stored inventory includes approximately 30,000 pieces
of property relative to 8,000 cases including guns and various illicit drugs. Manually tracking
an inventory of this magnitude is problematic at best. Currently, taking a complete inventory
of this property can take over sixty-five staff hours.
The computer system will provide access control to secured areas of the lab's 3000 square foot
Property Room. Secured areas contain sensitive evidence including money, seized drugs (and
any other federally controlled substances) and items such as automatic weapons. Through the
use of a "bio-scan" mechanism which scans hand prints, any person attempting to enter secured
areas will be recorded in the computers data base. The data base will contain the persons hand
print (which is unique), date and time information. These devices would be placed at each door
entering the secured portion of the Property Room and only authorized persons will be able to
gain entry. This proposal would provide the highest possible level of automated security
available without hindering necessary routine access to the remainder of the Property Room.
This component of the proposal seeks to apply a proven microcomputer-based technology, bar-
coding, to the property rooms inventory dilemma. The bar-code system envisioned will
significantly simplify and speed up the entire evidence tracking/inventory process. Whenever
staff needs to check property in or out, or move the property, they need only take a few seconds
to scan the affixed bar code. The proposed automation eliminates any paper work, transcription
or data entry errors. Additionally, the system can be adapted to inventory any department
property.
C) SWAT TEAM TACTICAL WEAPONS ($9,500).
The Special Weapons and Tactics (SWAT) Unit requests the following weapons: Three H & K
MP-5 model submachine guns (entry guns), three H & K 94 model assault rifles (perimeter
guns) and two Benelli automatic shotguns (tear gas). Currently, SWAT Team members use a
mix of these weapons and pistols for entry and high caliber rifles for perimeter security.
Acquisition of these weapons would provide standard weaponry for all SWAT Team members.
Additionally, these weapons systems are employed by other County SWAT Teams. This
simplifies training issues and tactical planning in local and mutual aid responses. The SWAT
Team has indicated that should these weapons be provided, no additional weapons requests will
be necessary for approximately five years.
The proposed 9mm entry weapons pose less danger to surrounding areas, are more accurate and
carry more bullets than the pistols currently used by some members of the SWAT team. The
automatic shotguns are designed to provide greater flexibility in the use of tear gas. The
weapons requested are state-of-the-art for tactical operations such as SWAT, are proven in the
field and offer an optimum blend of weapons system effectiveness.
fe,.3
Page 4 Item t..
Meeting Date 05/12/92
D) SIX HANDHELD LASER RADAR UNITS ($25,890)
The department currently has a total of ten speed radar units in use in both the Traffic Bureau
and Patrol Divisions. There are five "Kustom Falcon" hand held models assigned to the Traffic,
one for each of the motorcycles. The Patrol Division has two vehicle mounted radars and three
"Kustom HR-8" hand held models that are available to be checked out. The reliability of
evidence gathered using the HR-8 models is a matter of some debate. In brief, the HR-8 does
not have "audio dopp1er" capability which is used to verify which vehicle is being monitored by
the radar unit. The use of obsolete radar units has initiated judicial audits which have voided
up to five years of speed citations issued by at least two agencies here in California. The state
Commission for Peace Officers Standards and Training now recommends that only radars with
audio dopp1er be used.
This proposal is to purchase six "Kustom Pro-Laser" model hand held radar units. The five
"Falcon" models would be moved to Patrol Division for their use, and the three "HR-8" models
would be retired. This would bring the department total to thirteen units: six "Pro-Lasers", five
"Falcons" and two mounted units. This would provide one "Pro Laser" for each motorcycle
officer in the Traffic Unit (5) and an additional unit to be used by the remaining three staff in
Traffic on a rotating basis. Patrol would retain the two vehicle mounted radars and gain the use
Of the five "Falcons" now being used by motorcycle officers. The increase in total radar units
available will enable more effective speed enforcement activity, especially in the Patrol Division.
Given the lack of confidence in the outdated "HR-8" models, Patrol Division staff now rarely
utilize radar except when they have one of the two vehicles equipped with mounted radar units.
In effect, Patrol Division staff will have a much improved ability to access contemporary hand
held radar units.
Other rationale for approving this request:
. These radar units can be expected to last a minimum of ten years under normal traffic
enforcement conditions.
. Radar units are responsible for over 95 % of speeding citations issued by Chu1a Vista
Police officers (some 12,050 in calendar year 1991).
. The requested units have internal validity checks which reduce operator and equipment
error and, therefore, will increase conviction rates.
E) FOUR PORTABLE MICROCOMPUTERS FOR THE ADMINISTRATION
DIVISION ($15,000)
Except for the Principal Management Assistant and Secretary, there are no computers available
for the Captains and I to utilize. This proposal would provide each Captain and the Chief with
a portable microcomputer to use themselves and to loan to their staff on and as needed basis.
I have specific expectations regarding the level of work to be produced by the Captains. Using
work assignment tracking software (Lotus Agenda) and word processing software compatible
with the division's Secretary, Captains will be better prepared to provide the me with
information regarding the status of pending assignments and develop preliminary program
management proposals, disciplinary documents and other draft administrative
f....t.f
Page 5 Item V
Meeting Date 05/12/92
memoranda. Once drafts have been approved, they will be forwarded to the Division Secretary
for final preparation and processing. This work process method improvement would have a
significant impact upon the division Secretary's work load by eliminating duplication of effort
in the drafting of assignments made to the Captains. This positive impact is important because
the Secretary currently provides support for five executives as well as transcription relief for the
Support Services Division.
Additionally, the transportable characteristics of these computers adds another benefit to this
proposal: portability. Since it is reasonable to assume that the Captains will not absolutely need
access to their computers every day of the week, it is intended that the computers will also be
available to other staff for use in the field and at training. There are many remote crime scenes
where access to a microcomputer would have a significant impact upon the quality of an
investigator's records. By improving legibility and completeness, the computers would provide
a notable productivity enhancement. Use of the portable computer would also enable down loads
of data gathered at remote crime scenes into desk-top microcomputers at the police station and
from there into regional and national justice information systems. In the training arena, access
to a microcomputer will enhance overall learning capabilities through the use of new, automated
policing techniques.
F) DEPARTMENT-WIDE ORGANIZATIONAL DEVELOPMENT PROGRAM
($15,000)
Based upon the assessment conducted in the Police Department, and interviews with individual
with Police Department staff, it is recommended that a number of organizational components in
the management of the department be enhanced. As a result, staff has developed a program that
will emphasize management of issues as strongly as necessary (i. e. fiscal management,
leadership and employee development). This program is proposed to take advantage of the
positive aspects of the department's existing culture and introduce basic management skills,
develop internal change and transition management capabilities and reinforce the "team
approach" to police services delivery. This is anticipated to be an intense program, however,
staff is convinced of the program's necessity and its ability to successfully align the organization
with the overall management philosophy and values of the City. In-house resources will be used
whenever possible to implement this component of the proposal. However, outside trainers may
be used as necessary.
The Program will be comprised of over 1900 individual hours of training in the areas of:
budgeting, CVPD specific management concepts and techniques, strategic planning, change
management strategies, analytical skills and employee development. The department's needs are
most critical in the area of budget and fiscal management. The department wants to emphasize
the importance of managers (Sergeant, Lieutenants and civilian mid-managers) taking
responsibility for providing services within budgetarily defined constraints and the development
of employees skills. Specifically, the program will develop skills required to find
entrepreneurial ways of accomplishing tasks and taking on new responsibilities without
(,~5
Page 6 Item ~
Meeting Date 05/12/92
increasing the department's budget. In order to be effective, police department staff of all ranks
need to identify with the each-other, the department and the larger organization. The training
will help staff to appreciate, and to consider in their decision making processes, the dynamic
inter-relationship between the three. In order to encourage and develop these types of behaviors,
many group "norms" now in effect in the department will need to be modified. Taking this
comprehensive approach will provide a means of effecting these crucial and difficult group
"norm" changes. Finally, planning for and managing the dynamics of such changes can not be
ignored so the program will include pertinent components addressing strategic planning and
transition management. Properly implemented and reinforced, this program would move the
department to a new level of effectiveness in the delivery of services internally and to the public.
FISCAL IMPACT:
Funding for this proposal ($133,279) comes from two sources:
Asset Seizure Fund 218 ($66,700) and previously appropriated
monies from the Police Department's General Fund budget
($66,570). Fund 218 is expected to generate $66,700 in
unanticipated revenue during Fiscal Year 1991-92.
The program will be executed via this item and the transfer of
currently appropriated Police Department General Fund monies to
the specified accounts.
The Asset Seizure Fund (Fund 218) provides funding for an
additional 4.0 Police Agent positions in the Crime Suppression
Unit and other miscellaneous items at an annual cost of $400,000.
Through April 23rd, 1992, Fund 218 had indicated income of
approximately $446,000. This amount is expected to increase by
a minimum of $21,000 through fiscal year end based on forfeitures
currently in progress and expected to be completed by fiscal year
end.
b-ft:,
RESOLUTION NO. ll..l..\ '1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING EXPENDITURE OF VARIOUS
POLICE DEPARTMENT FUNDS AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, the Chief of Police has identified a variety of
supplies and services for which funds are available in the Asset
Seizure Fund and the approved Fiscal Year 1991-92 Police Department
budget; and
WHEREAS, it is requested that authorization be granted to
expend funds necessary to acquire such supplies and services in
areas of significant need within the department.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby authorize the expenditure of
$67,000 to fund:
a. Year one of a body armor replacement program to
increase officer safety ($37,200).
b. A computer based inventory tracking and evidence
security system for the PD laboratory to track
authorized access, and prevent unauthorized access,
to all evidence ($20,000).
c. Equipment and training to improve the SWAT Teams
tactical effectiveness ($9,500).
BE IT FURTHER RESOLVED that $67,000 is hereby
appropriated from the unappropriated balance in the Asset Seizure
Fund to account numbers 100-1030-5398 ($37,200), 100-1030-5560
($20,000), and 100-1020-5398 ($9,500) for the purchases herein
specified.
Presented by
APt X t.no~ by
Bruce M.
Attorney
Richard P. Emerson, Chief of
Police
C:\rs\PD funds
k>-'l
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 05/12/92
ITEM TITLE
Resolution lloL,l i' Accepting Donation, Authorizing
Expenditure and Appropriating Said Donated Funds to Purchase a
"Drop Phone."
SUBMITTED BY
Chief of Police ~
City Manager J C:t 1} @1
(4/5ths Vote: Yes-X..No->
REVIEWED BY
The Police Department recently received a $5,000 donation from Mr. Robert R. Sutherland,
4394 Bonita Road, Bonita. Mr. Sutherland is a local businessman and President of the San
Diego Crime Commission. The donation is designated to fund the purchase of a "drop phone"
for use by the Police Department S.W.A.T. Team.
RECOMMENDATION: Approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
The donation will be used to purchase a drop phone. Drop phones are used in hostage
negotiation situations to control any communications the person(s) who have taken hostages have
with the outside. This tactic gives S.W.A.T. Team officers an improved ability to convince the
suspect(s) to release their hostages and end the incident peacefully. In the most recent hostage
event in Chula Vista our officers had to borrow a drop phone from the San Diego Police
Department.
The phone staff intends to purchase is the AT&T Hostagephone Series V. This phone was
developed in conjunction with the U.S. Government and crisis management teams across the
country. The unit looks like a standard phone to the suspect but is hard wire connected to a
sophisticated command monitoring and recording post that is manned by trained hostage
negotiators and scene commanders. The device can be used effectively at distances over three-
quarters of a mile. Total cost of the drop phone is $4649 plus freight.
FISCAL IMPACT:
Donated funds in the amount of $5,000 will be used to acquire a
A TT Hostagephone Series V "drop phone."
'"1- \
RESOLUTION NO.
J'-~Il
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION AND AUTHORIZING
EXPENDITURE TO PURCHASE A DROP PHONE AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department recently received a $5,000
donation from Mr. Robert R. Sutherland, 4394 Bonita Road, Bonita;
and
WHEREAS, Mr. Sutherland is a local businessman and
President of the San Diego Crime Commission; and
WHEREAS, the donation is designated to fund the purchase
of a "drop phone" for use by the Police Department.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby accept a $5,000 donation from
Robert R. Sutherland and appropriate same to account number 100-
1020-5398 for the purchase of a "drop phone" for use by the Police
Department.
Richard P. Emerson, Chief of
Police
Presented by
, CJ.ty
C:\rs\drop phone
"1-2
ATTACHMENT A
. ~
.. ......
l-\~"~.. . .. . ~"I/ j',,\
,.:., -,1.; ; ~;:;.~ ~__
In ~~([/im.iUlfllL..'
COMPANY-.
,
April 24, 1992
Mr. Richard P. Emerson
Chief of Police
city of Chula vista
276 Fourth Ave.
Chula vista, CA 91910
Dear Rick:
It was a genuine pleasure to meet you at our Crime commission
outing yesterday afternoon. Welcome to Chula vista!
As we discussed, please find an enclosed check for the phone
necessary for your S.W.A.T. Team. I hope it gets minimal
use, but we both realize our society today won't allow that.
I have always been supportive of law enforcement, not just in
Chula Vista, but throughout San Diego County. As President
of the Crime Commission, as a local businessman, as "Joe
citizen", and as a friend of the new Chief, my commitment to
help in any way that I can is as strong as it has ever been.
I have a young family and their safety is my #1 concern.
Should there ever be a way that I can be of assistance to you
or your Department, I hope you will call.
Again, my sincere welcome to you and your family.
where we live and you are invited any time to stop
hello.
You know
and say
Warmest personal regards,
\
~
Robert R. Sutherland
RRS/cdk
Encl.
l. 3-
4394 'Bonita 9{oaa 'Bonita, CaCifornia 92002 (619) 4'75-4041
.
It
ATTACHMENT B
C:Z8
PHOENIX CUSTOM ASSEMBLY CENTER
AT&T HOSTAGEPHONE SERIES V
AT&T's Series V Hostagephone
was developed in conjunction
with the U,S, Government
and Crisis Management Teams
across the country, This system
represents a new dimension in
the field of Crisis Management,
FEATURES
The Hostagephone Series V consists of three major components:
Negotiator Console Crisis Telephone Assembly
. Enclosed in heavy guage aluminum case,
. A modified standard AT&T telephone in
an impact resistant case,
. Select from 3 different power sources with
3 additional sources available as options,
. Unit can be signaled from the negotiator
console,
. The front panel controls are thoughtfully
planned for ease of orientation and use,
Wire Reel Assembly
. A command post loudspeaker with 2-
way communication capability,
. Contains 1200' of 4 lead telephone wire
to connect the Crisis Telephone with the
Negotiator Console,
. Administration phone with memory
capability providing access to the
telephone network.
. Up to 4 reels of wire may be connected
together without loss of transmission
quality,
. Recording jocks featuring remote loop
start capability,
Optional features include:
. Tote bag for ease of transport,
100.220.240 volt AC, operation
A new lightweight headset,
. A listen only monitor loudspeaker
assembly
-
-
--==. AYBaT
PHOENIX CUSTOM ASSEMBLY CENTER
3750 West Indian School Road
Phoenix. AZ 85019
For additlonallnforma~on contact:
J,P, (John) Eby. Sales Representa~e
In USA 1-800-633-ll693
In AZ 1-800-423-5089
A Federal Government version of the
Series V Hostagephone is olso available.
i..4
COUNCIL AGENDA STATEMENT
Item
f
Meeting Date 5/12/92
ITEM TITLE
Resolution ~ 1'1
supporting submittal of a
the San Diego Regional
Services Foundation.
authorizing and
grant application to
Fire and Emergency
REVIEWED BY
Fire Chief}:>' ~
City Manager.JG b<,y~
_No~) U
(4/5ths Vote: Yes
SUBMITTED BY
RECOMMENDATION:
That the City Council approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The San Diego Regional Fire and Emergency Services Foundation
Program, is a yearly Grant, with a $5,000 limit, per Fire Agency.
Grants are awarded based on need and benefit to a regional area.
The Fire Department recommends that the City submit a grant
application to the San Diego Regional Fire and Emergency Services
Foundation for funding of fire communication equipment. The
application would request $4,035 to purchase an 800 MHz Radio
System. This system will link the South Bay Fire Dispatch with
other county-wide communications centers which are already using
this system. The radio equipment will be installed in the
Communications Dispatch Center and the Emergency Command Center.
This system will benefit Chula Vista's Fire Department, Disaster
Preparedness Program, and the entire South Bay area by improving
communications during Mutual Aid activities.
FISCAL IMPACT:
Cost avoidance to the City of $4.035.
~-I
RESOLUTION NO. ll.f,.l~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AND SUPPORTING
SUBMITTAL OF A GRANT APPLICATION TO THE SAN
DIEGO REGIONAL FIRE AND EMERGENCY SERVICES
FOUNDATION FOR FUNDING OF FIRE COMMUNICATION
EQUIPMENT, SUPPORTING THE CITY'S FIRE AND
DISASTER PREPAREDNESS PROGRAM.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the San Diego Regional Fire and Emergency
Services Foundation has grant monies available to Fire Departments
to purchase related equipment, and
WHEREAS, the Fire Department recommends that'the City
submit a grant application for $4,035.00 to purchase needed radio
equipment for mutual aid communications, and
WHEREAS, said radio equipment would be used for the
benefit of the entire South Bay Area of San Diego County.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize the submittal of a
grant application in the amount of $4,035.00 to the San Diego
Regional Fire and Emergency Service Foundation.
Presented by
~
g~ )~, ~
Sam G. Lopez
Fire Chief
Bruce M. Boogaar
City Attorney
~-~
COUNCIL AGENDA STATEMENT
Item cr
Meeting Date 05/12/92
ITEM TITLE:
)~b~
Resolution approving the Fourth Amended Emergency
Services Agreement
Fire Chief ~.
City Manage'J& ~.~
(4/5ths Vote: Yes___No~)
SUBMITTED BY:
REVIEWED BY:
That the City Council approve the attached Resolution
approving the agreement with the County.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
RECOMMENDATION:
DISCUSSION:
The City of Chula Vista has been a member of the Unified Disaster Council (UDC),
a joint powers authority consisting of the agencies listed on the attached
Exhibit "A", established by the Emergency Services Agreement, since 1961. The
primary purpose of the Unified Or9anization is to coordinate and facilitate
regional emergency plans and programs which are intended to preserve the life and
safety of people and property. The second major purpose of the Organization is
to make provisions for the execution of plans, programs, and for mutual aid
assistance in the event of multi-jurisdictional emergencies or disasters. The
Unified Organization is based on the Operational Area concept and is patterned
closely after the Fire and Law Mutual Aid systems and organizations. The City's
Disaster Preparedness Specialist is our designee on the U.D.C., which is a non-
compensated office.
On December 13, 1990 the Unified Disaster Council established an Ad Hoc Task
Force to review emergency services provided under the Emergency Services
Agreement. The Fourth Amended Emergency Services Agreement incorporates changes
recommended by the Task Force, the Hazardous Incident Response Team (HIRT) Policy
Committee, which is another Committee of the U.D.C, and the entire Committee of
the whole Unified Disaster Council. Many changes are editorial or for
c 1 arif i cat ion purposes. The major proposed amendments to the Agreement are
summarized below and a strike out version is attached.
1. Authority for the UDC to contract for services. The City of San Diego has
threatened to withdraw from the U.D.C.. With San Diego's withdrawal, the
U.D.C. will be forced to contract for hazardous materials services. As
this service is currently provided by San Diego. The previous agreement
did not give the U.D.C. the authority to contract for emergency services
as it merely reimbursed the City of San Diego for services.
2. Authority for the Unified Disaster Council to authorize non-member
agencies to participate in programs of the Disaster Council.
3. A number of changes to document that the Emergency Services Organization
shall function under the Operational Area concept, which is used in San
q...l
PAGE 2, ITEM: 't
MEETING DATE: 05/12/92
Diego, San Mateo and Santa Barbara Counties. The operational area concept
utilizes joint powers agreements to establish one centrally located staff
charged with county-wide emergency planning, training, exercising, and
public education activities.
4. Authority for the development of an annual workplan which shall guide the
efforts of the UDC staff.
5. Authority for the Chairman to call a vote of the UDC by telephone or
electronic means on time sensitive issues.
6. A new section specifying the duties of the Chair of the Unified Disaster
Council.
7. A new section specifying the duties of the Director of the Office of
Disaster Preparedness.
We are requesting that the City Council approve the proposed Fourth Amended
Emergency Services Agreement. The City Attorney has reviewed the Agreement and
also recommends it approval.
In addition to the above, the following changes are recommended by the City
Attorney to be incorporated into the next revision of the Agreement. The
adoption is proposed because a total of 12 of the 18 cities have already signed
and approved the agreement and reconsideration at this time would unnecessarily
delay its adoption.
1. The document should be in the form of and specified that it is negotiated
pursuant to the Joint Powers Act (Government Code Section 6500 et seq).
2. The document should specifically provide for who is providing the services
of Lega 1 Adv i sor, Treasurer, Secretary, etc. to the San Diego County
Emergency Services Organization (the Joint Powers Agency created by the
agreement) .
3. Provide for applicability of the Ralph M. Brown Act (as required by law)
and eliminate the provision provided in Fourth Amended Emergency Services
Agreement that allows the ESO governing body (the UDC) to vote without
having a meeting (either regular, special or emergency) and to vote by
mail, telephone or other means. An emergency meeting held pursuant to the
provisions of Government Code Section 54956.5 should suffice to meet the
requirements of the Unified Disaster Council. In the absence of express
statutory authority authorizing votes by telephone, a telephone conference
call "meeting" would not meet the requirements of the Brown Act. NOTE:
Administrative regulation of the U.D.C. at the June 18th meeting will
handle this matter.
qw2-
PAGE 3, ITEM: ~
MEETING DATE:~
FISCAL IMPACT: This is an on going program, for which funds have been budgeted
each year (approximately $65,500) and will also be recommended in the City
Manager's proposed budget.
q~319-~
EXHIBIT "A"
UNIFIED SAN DIEGO COUNTY
EMERGENCY SERVICES AGREEMENT
FOURTH AMENDED AGREEMENT
RECORD OF APPROVALS
Status as of: 4/14/92
JURISDICTION DATE APPROVED
1.* Unified Disaster Council
2.* Carlsbad
3. Chula vista
4. Coronado
5.* County of San Diego
6.* Del Mar
o September 19, 1991
o November 19, 1991
o Expected: Mav. 1992
o Expected:
o November 26, 1991
o February 3, 1992
7.*
8.*
9.*
EI cajon
Encinitas
Escondido
o
o
o
November 12, 1991
December 4, 1991
January 8, 1992
10.
11.*
12.*
Imperial Beach
La Mesa
Lemon Grove
o
o
o
Expected:
April 14, 1992
November 4, 1991
13.*
14.
15.*
National city
Oceanside
poway
16.
17.*
18.
San Diego
San Marcos
Santee
o
o
o
November 19, 1991
Expected:
January 28, 1992
Expected:
October 22, 1991
Expected: June.
1992
o
o
o
19.* Solana Beach
20.* vista
*Completed
C\-5
o February 18, 1992
o January 14, 1992
.,
ENCLOSURE 4
BACKGROUND PAPER
FOURTH AMENDED
EMERGENCY SERVICES AGREEMENT
On September 19, 1991 the Unified Disaster Council (UDC) voted 18
to 1 (City of San Diego voting no) to approve the proposed Fourth
Amended Emergency Services Agreement. The proposed Agreement was
approved, as presented,excludino all reference to $500 base fee.
The base fee was one of the changes to the Agreement recommended
by a special Ad Hoc Task Force of the Unified Disaster Council.
The next step in the process is to submit the Fourth Amended
Agreement, as approved by the UDC, to each member. jurisdiction for
consideration and action by their Governing Body.
Following is a background paper for information and use. T.he paper
is split into two sections. Section I identifies the major changes
reflected in the drafted Fourth Amended Agreement. Section II is
a chronology of actions that led to the UDC action of 9/19/91.
For purposes of this
Agreement, and Joint
interchangeably.
report, Emergency
Powers Agreement
services Agreement,
(JPA) may be used
SECTION I: CHANGES TO AGREEMENT
The draft Fourth Amended Emergency Services Agreement contains a
number of changes recommended by a special Ad Hoc Task Force and
by the HIRT Policy Committee of the Unified Disaster counciL The
major proposed amendments to the Agreement are summarized below.
Many changes are editorial or for clarification purposes. The more
significant changes follow. The references are to pages of the
underlined/strickout copy of the Fourth Amended Emergency Services
Agreement.
1.
Authority for the UDC to contract for
.item is of particular interest to, and
by the. HIRT Policy Committee, (Ref:
WHEREAS; and page 3 - paragraph A7);
2. Authority for the Unified Disaster council to authorize
non-member agencies to participate in programs of the
Disaster Council, (Ref: Page 2 - paragraph A4);
services. This
was recommended
Page 1 - 5th
1
q-,
. .
3.
4.
A number of changes to document that the Emergency
Services Organization shall function under Operational
Area concept, (Ref: Page 1 - 1st WHEREAS; page 2 -
paragraphs A and A2; page 3 - paragraph B; and other
areas of the Agreement);
5.
Authority for the development of an annual workplan which
shall guide the efforts of the UDC staff, (Ref: Page 5 -
paragraph D8; page 8 - paragraphs I; and page .9 -
paragraph 19);
Authority for the Chairman to call a vote of the UDC by
telephone or electronic means on time sensitive issues,
(Ref: Page 7 - paragraph G8);
A new section specifying duties of the Chair of the
Unified Disaster Council -- In the current Agreement,
only duties of the Director of Emergency Services are
specified, (Ref: Pages 6 & 7 - paragraphs G thru G8);
A new section specifying the duties of the Director and
Office of Disaster Preparedness, (Ref: Pages 8 & 9 -
paragraphs I thru Ill).
6.
7.
SECTION II: CHRONOLOGY OF ACTIONS
FOllowing is a chronological summary of actions by various
Governing Bodies, Committees, and Task. Forces that led to the
development of the Fourth Amended Emergency Services Agreement
(JPA) as approved by the Unified Disaster Council.
o June 21. 1990 - UDe Meetina: The city of San Diego formally
advised the Unified Disaster Council (UDC) of their intent to
withdraw from the Emergency Services organization effective
July 1, 1990. The Chair of the HIRT Policy Committee
expressed concern about the impact on the HIRT program which
was operating under the umbrella of the JPA.
Staff was directed to prepare a letter to the city Council
expressing UDC concerns, to request reconsideration, and to
point out the requirement for 120 day advance notice prior to
withdrawal. Staff was directed, and UDC Members were
requested, to represent UDC concerns before the City Council.
o Seotember 20. 1990 - UDC Meetina: The Chair of the HIRT
Policy committee advised the UDe that because .of the JPA's 120
day notice requirement had not been met, and based on County
Council legal opinion, the Committee still considers the city
of San Diego to be a member of the Emergency services
Organization. Accordingly, it is the Policy committee's
position that the JPA umbrella covering the HIRT program is
2
C\-Bl
/ '
still in place for the 1990/91 fiscal year.
The Chair further advised the UDC that because of San Diego's
intent to withdraw, the HIRT Policy Committee has determined
that the HIRT program lends itself to vulnerability in its
present form. Accordingly, the Policy committee was reviewing
alternative service delivery proposals.
o December 13. 1990 UDC Meetina: Mr. Bill Wolf,
representative of the city of San Diego, read into the record
a letter from the 'San Diego city Manager stating the City's
desire to remain a member of the UDC provided certain concerns
can be satisfactorily addressed. The City Manager suggested
that an ad hoc committee be established to review concerns of
the city. The letter was in route to the County. The UDC
Chair instructed staff to take action to set up an Ad Hoc Task
Force of UDC members upon receipt of the letter.
The Chair of the HIRT Policy Committee reported that the
Policy Committee has continued to review alternative HIRT
service deliver proposals many of which require contracting.
County Council has advised the pOlicy Committee that the
current JPA needs to be amended to allow the UDC to contract
for services. Accordingly, the HIRT Policy 'Committee
recommends that the UDC direct staff to develop recommended
revisions to the JPA which will allow for contracting.
The UDC approved the recommendation of the HIRT Policy
Committee, and further, directed staff to return with a
revised draft JPA for consideration at the next scheduled
meeting of the UDC (March 1991).
o Februarv 13. 1991 - Ad Hoc Task Force Meetina: On February
13, 1991 the first meeting of the Ad Hoc Task Force was held.
It was the opinion of the Task Force that many of the concerns
raised could result in changes to the JPA. It was also the
opinion of the Task Force that the city of San Diego would be
a member of the Emergency Services Organization for 1991/92FY.
Therefore, it was no longer time sensitive to amend the JPA
to allow for the UDC to contract.
Accordingly, the Task Force recommended to the HIRT Policy
Committee that processing of the Fourth Amended Emergency
Services Agreement (JPA) be held until recommended changes of
the Ad Hoc Task Force could be incorporated.
o Februarv 19. 1991 - HIRT Meetina: The HIRT Policy Committee
considered and approved the recommendation of the Ad Hoc Task
Force to delay processing of the Fourth Amended Emergency
Services Agreement (JPA) until recommendations of the Task
Force could be included. The Policy Committee would make the
appropriate recommendation at the next UDC meeting.
3
q,4
, -.
o March 21. 1991 - UDC Meetinq: The UDC approved the HIRT
Policy Committee recommendation to postpone amending the JPA
until the results of the Ad Hoc Task Force could be included.
o June 27. 1991 - San Dieqo city Council Meetinq: The San Diego
City Council did not approve the recommendation of the city
Manager to fund 1991/92 FY membership in the Emergency
Services organization.
o Julv 19. 1991 - Ad Hoc Task Force Meetinq: At the final
meeting of the Ad Hoc Task Force on July 19, 1991, the final
drafted Fourth Amended Emergency Services Agreement was
approved and referred to the Unified Disaster Council for
consideration and recommendation for approval.
o September 19. 1991 - UDC Meetinq: On September 19, 1991 the
Unified Disaster Council voted 18 to 1 (City of San Diego
voting no) to approve the draft Fourth Amended Emergency
Services Agreement (JPA) excludinq all reference to the $500
base fee as recommended by the Ad Hoc Task Force. The
Agreement was referred to all member jurisdictions for
consideration with a recommendation for approval.
4
q- (1)
RESOLUTION NO. 1W.~l:>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FOURTH AMENDED UNIFIED SAN DIEGO COUNTY
EMERGENCY SERVICES AGREEMENT, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
WHEREAS, the City of Chula vista is a signatory to the
Third Amended Unified San Diego County Emergency Services Agreement
of 1986, first executed in 1961, and
WHEREAS, said Agreement established the Unified San Diego
County Emergency Services Organization of which the County and all
cities within the County are signatories, and
WHEREAS, the governing body of said organization is the
Unified Disaster council on which this city is represented, and
WHEREAS, the Unified Disaster Council approved the Fourth
Amended Agreement on September 19, 1991 and recommended the County
and all cities within San Diego county also approve and execute
said Fourth Amended Agreement, and
WHEREAS, the Fourth Amended Agreement will authorize the
Unified Disaster Council to contract for hazardous material
response and other county wide programs which are mutually
beneficial to all jurisdictions in San Diego County, and
WHEREAS, the Fourth Amended Agreement contains other
amendments intended to clarify and improve the functioning of the
Unified San Diego county Emergency Services Organization, and
WHEREAS, the recommended Fourth Amended Agreement is in
the best interest of this City and the entire San Diego region;
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Fourth Amended
Unified San Diego county Emergency Services Agreement as
recommended by the Unified Disaster Council, on the condition that
the City of Chula vista's recommended changes be considered and
implemented by the signatories when the next potential amendment of
the agreement is considered, and on the condition that the Unified
Disaster Council adopts administrative regulations requiring
compliance with the Brown Act notwithstanding contrary provisions
in the Fourth Amended Agreement.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista be, and is hereby authorized and directed to execute
said Agreement on behalf of the City of Chula vist .
_~- \ \/C;-/J,
:Q
Presented by
Sam Lopez, Fire Chief
C:\rs\41b Emergency Services
ty Attorney
FOURTH [THIRD] AMENDED
EMERGENCY SERVICES AGREEMENT
This Agreement is entered into by and between the County of
San Diego, a political subdivision of the state of california,
hereinafter referred to as the County, and the incorporated cities
within the County who are signatory hereto, hereinafter referred
to as [~he] City or Cities. Nothing in this Agreement is intended
to lessen participating member[s] ;urisdictions' authority over and
responsibility for events occurring within their jurisdiction.
Nothina in this Aareement is intended to be a means bv which state
or federal emeraencv manaaement reauirements can be nassed on to
member ;urisdictions.
WIT N E SSE T H:
WHEREAS, the County and the cities [are aesireHB ef ~re7iai8~]
desire to nrovide for a unified emergency services organization~
in the San Dieao Onerational Area: and
WHEREAS. [fer] the purpose of the oraanization is to
coordinate and facilitate [eeerai8a~iR~] regional plan~[8i8~] and
programs for the preservation and safety of life and property~ and
tQ mak~ [iR~] provision~ for the execution of plans~ [aRa]
programs..&.. [ill 'the e.veR't af aft emc.r~cRe~- er disaste.r, aftd t.e
~reviae fer] Sl1l!! mutual AJ.g assistance in the event of multi-
;urisdictional [s~eh] emergencies or disasters; and
WHEREAS, the parties to this agreement [are aeBire~B ef
~reviaiR~] desire to nrovide for any unencumbered balances at the
end of the budgetfedt year resulting from either budget savings or
revenues [ac.ri~ca fram Fe.deral er e'ther f~l\a3]; and
WHEREAS, the parties have previously entered into the [Civil
Defense Disast.er }1.~rc.eIfteJ\t., as t.\liee. amcRse.a., arlEI 'Ehe Firat aRa
SEeeRa] Third Amended Emergency Services Agreement of 1986; and
WHEREAS. the narties to said Aareement desire to amend the
Aareement to nrovide the Unified San Dieao Countv Emeraencv
Services Oraanization with the Dower to enter into contracts to
carrv out the nUrDoses of the oraanization: and
WHEREAS, the parties desire further amendments, all of which
are incorporated into this Fourth [Thira] Amended Emergency
Services Agreement;
UDC
1
1991
'\-\'0
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto do hereby mutually agree as
follows:
A. The Unified San Diego County Emergency Services Organization
is hereby created and established to [perferm] facilitate
olannina and oreoaredness activities on an Ooerational Area
level to include the following services:
1. Aid, assist and advise the County and each City in the
preparation and development of an emergency plan for the
County ~ for each City in the County.
2. Prepare and develop [ee~R~}~.idc] Ooerational Area
emergency orocedures and guidelines which may be used by
participating members and which provide for needs and the
coordination of those needs in the event of a major
[Rat~ral] disaster or other emergency.
3. Aid, assist and advise the County and the Cities with the
training of public employees for the emergency services
organization.
4. Provide countywide emergency services programs as may be
determined and approved by the San Dieao Countv Unified
Disaster Council. hereinafter mentioned and referred to
as Unified Disaster Councilor Council.
From time to time special Countywide programs may be
developed under this Agreement. In those situations, the
Unified Disaster Council, may establish operational and
funding requirements for participation and will seek
approval of participating members. Where programs may
not be supported by one or more jurisdictions, such
programs may be executed between agreeing jurisdictions.
Uoon approval of the Unified Disaster Council. these
oroarams mav include oarticioation bv non-member aaencies
or iurisdictions.
5. Develop and keep current on a countywide basis an
inventory of all equipment and supplies available now in
the county for use in the event of an emergency. Such
inventory listing will be made available to all
participating members.
6. Provide technical assistance in obtaining any federal or
UDC
2
1991
~-,~
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
state funds which may become available to the ~ounty and
the cities for emergency purposes and in the acquisition
by the County and the cities of surplus property for
emergency services purposes.
F-r
In ~Ae L~eft~ af aft 6mer~Cftey eeftfifte~ ~e eRe ei~y, after
aasi5~a~ee wi~hiR ~he limi~a af i~5 emer~eRey sSr\-iecs
er~aBiea~ieft ana eeerdiBa~e a5sis~aRec farnished by ~~e
Oeunty ana ether ei~ics ift aeeeraan6C vita matHS! aid
8fJrcemcn-es.]
f'8-r
Ift ~RC e~eRt af aft emer,cney ~ithift tfi6 eeHft'EY affce~ift'
8ft area fJrca~er than any eRC ei~y, after assis~aftee ~e
~hc CX~6nt af ita emcrfJcney sCl'-iees estaBlishment and
eeerdiRa-ee t.he aaaia~al'\ec ftll"flisl\eEi Jay stRey 8lJClleiea
thretifJh the epera~ieRal area eeReep~.]
1....
Enter into contracts which are necessarv and DrODer to
Drovide the services authorized in ParaaraDhs 1 throuah
6 above. includina contracts for anv services necessarilv
imDlied from those eXDressed.
B. The Countv and cities. who are sianatorv to this aareement.
adoDt the ODerational Area conceDt Government Code as
identified in ChaDter 7 Section 8605 of Division 1 of Title
2 of the California Government Code. and sUDDort established
mutual aid aareements as the basis for multi-iurisdictional
emeraencv oDerations. Durina such multi-iurisdictional
emeraencies. the staff of the oraanization shall assist the
ODerational Area Coordinator in carrvina out his or her
resDonsibilities under these mutual aid aareements.
~ The county and Cities signatory to this agreement shall:
1. Become members of the Unified San Diego County Emergency
Services Organization.
ftT eeerdinate ~i~h ana assist partieipatinfJ memeers in ~he
de7elepmeR~ af emerfJ6ney plans ~~ieh shall ee eempa~iJale
1Ii1:.8. Brul eelftl'l~meft1:.ary t.e ee\:in~Tn.iEis emerfJsPley plafts,
4}l:iiEleliPlea aRa prefJrams as ma~i ]as previEleEl fer liBder 'thia
AfJE"eem6Bt.. ]
b.. Delegate to the Unified Disaster Council hereinafter
mentioned, whatever authority it is lawful for the County
and Cities to delegate when such delegation shall be
deemed necessary by said Council. This delegation of
authority shall be restricted to whatever expenditure of
UDC
3
1991
<\-15
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
County and city funds and use of County and City
personnel, equipment and supplies as are made available
by the County and the Cities for emergency services
purposes.
12. In consideration of these mutual promises, it is hereby
mutually agreed that:
1. The County will pay fifty percent (50%) of the cost of
establishing and maintaining the Unified San Diego County
Emergency Services Organization.
2. The Cities signatory hereto will pay fifty percent (50%)
of the cost of maintaining- the Unified San Diego
Emergency Services Organization, said fifty percent to
be apportioned among the cities in accordance with the
following formula:
a) One-half of the 50%,' or 25% of the total budget
shall be apportioned by people units or population
in participating Cities.
b) The remaining 25% of the total budget shall be
apportioned by the total assessed valuation of real
and personal property in participating cities.
3. For the purposes of this Agreement the total assessed
valuation of real and personal property in all the
participating cities shall be the amount assessed in the
fiscal year prior to the budgeted year, as found in the
Property Valuation and Tax Rate--San Diego County,
California, published by the Auditor and Controller of
the County of San Diego.
4. If at the end of any fiscal year there remains an
unencumbered balance derived from budget savings or
revenue~ [fram Federal f\il'uis ] received for emergency
services purposes, such balance shall be credited to the
participating members at the rate of their contribution
for that fiscal year, towards the following fiscal year
for the expenditures of the Unified San Diego County
Emergency Services Organization.
5. In the event a participating member withdraws from this
agreement, such member will receive its refundable share
of the unencumbered balance for that fiscal year in a
single payment.
UDC
4
1991
4~lb
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
6. In the event a participating member contributes more than
the formula requires towards maintaining the Unified San
Diego County Emergency Services Organization, that
contributing member shall determine where the excess
contributions will be applied.
7. In the event a non-participating organization or agency
contributes funding to the Unified San Diego County
Emergency Services Organization, that contributing
organization or agency shall determine where the
contribution will be applied.
h If application of contributions received under paraaraphs
D6 or D7 above. affect the completion of tasks identified
in an annual workplan. approved bv the Unified Disaster
Council. acceptance of such contributions shall be
subiect to Disaster Council approval.
]:;. The San Dieao Countv Unified Disaster Council is herebY
established and is the policy making body of the Unified San
Diego County Emergency Services Organization. The Unified
Disaster Council consists of the following:
1. The Chairperson of the County Board of supervisors who
shall be the Chairperson and who shall represent the
County.
2. The Coordinator of the Unified San Diego County Emergency
Services Organization who shall be the Vice-Chairperson
and who is selected by the Unified Disaster Council from
among: The Chief Administrative Officer of the County
or the City Manager and/or Chief Administrator of any
participating City.
Two additional persons may be selected from the staff of
the Coordinator or from those specified in paraaraph E2
[~he] above to act as first and second alternates in the
absence or inability of the Coordinator to serve.
3. A representative from each [Eaeh] member agency who shall
~ designateQ...,M a primary representative to the Council,
each member aaency [~hey] shall also designate a first
and second alternatetet if the primary representative is
unable to attend.
4. Each participating member jurisdiction shall have one
UDC
5
1991
q"ll
UNXFXED SAN DXEGO COUNTY EMERGENCY SERVXCES AGREEMENT
vote on the Unified Disaster council.
f&;- It. is t.he dut.)- af t.he uBified Biaaster GeaRs!! aRa it. is
empe~cred te re~iev BftS appre~e emer~6Bey mut.l:lsl aid plaRo
ana a~reemcBt5, disaster preparedness plans, aBa Bueh
erdiB8fteeS, reaell:ltieft5, rl:lles BRa regulat.isBs as are
neeesaary ~e i~lemeB~ sasR plans aRa agreemeBt.s.]
~ The Unified Disaster Council meets at least quarterly and upon
call of the Chairperson or in his or her absence, or inability
to call such a meeting, upon the call of the coordinator. ~
is the duty of the Unified Disaster council and it is
emoowered:
~ [The Unified Bisast.cr GeaRs!! is empewerea t]To develop
a proposed budget and to recommend a budget and the
apportionment thereof to the County and all participating
cities. The County and the participating Cities shall
not adopt budgets differing from the budget recommended
by the Unified Disaster Council without first consulting
with the Unified Disaster councilifot
~ To review and aoorove Ooerational Area documents which
may include emeraencv mutual aid olans. disaster
oreoaredness olans. aareements. and any ordinances.
resolutions. rules and reaulations as may be necessarv
to imolement such olans and aareements:
3. To purchase, lease, own, or dispose of property and
equipment, and to review and approve contracts to be
entered into by the Unified San Diego County Emergency
Services organization pursuant to Section 7 of Part A of
this Agreement and to meet all other ourooses of this
Aareement.
~ The Chairoerson of the Unified Disaster Council has the
followina oowers and duties:
.L.. To call reaular and soecial meetinas of the Unified
Disaster Council.
~ To execute. at the direction of the Unified Disaster
Council. contracts. aareements and other instruments
necessary to the timelY functionina of the Unified San
Dieao County Emeraencv Services Oraanization.
~ To execute contracts. aareements and other instruments
necessarv to the timely functionina of the Unified San
UDC
6
1991
q.../t
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
Dieao Emeraencv Services Oraanization if the unified
Disaster Council is not in session. Drovided such
contracts. aareements. or other instruments. do not
conflict with the annual work Dlan as mav be aDDroved bv
the Unified Disaster Council.
h To deleaate to the Coordinator of Emeraencv Services or
to the Director of the Office of Disaster PreDaredness.
herein after referred. authoritv to execute contracts.
aareements. and other instruments as sDecified in
DaraaraDhs 2 and 3 above. subiect to aDDroval of the
Unified Disaster Council.
~ To establish committees and aDDoint members subiect to
ratification of the Unified Disaster Council.
~ To reDresent the Unified Disaster Council. or aDDoint a
Council reDresentative. in all dealinas with Dublic or
Drivate aaencies on emeraencies or emeraencv manaaement
issues Dertainina to the Emeraencv Services Oraanization.
~ To reDresent the interests of the unincorDorated area of
the Countv. The ChairDerson mav desianate a Derson to
reDresent such interests in his or her absence.
h To call or cause to be called a vote of the Unified
Disaster Council members bv mail. teleDhone. electronic
or other aDDroDriate means on time sensitive issues if
it is imDractical or inaDDroDriate to call a sDecial
meetina of the Disaster Council.
H. The Coordinator of the Unified San Diego county Emergency
Services Organization has the following powers and duties:
1. To request the city Councilor Councils to proclaim the
existence or threatened existence of a local emergency
if said Councilor Councils are in session or to request
such proclamation by the city Manager or other authorized
person if the Councilor Councils are not in session
subject to ratification by the Councilor Councils at the
earliest practical time.
2. To request the Board of Supervisors to proclaim the
existence or threatened existence of a countywide local
emergency if the Board of Supervisors is in session or
to request [iBB~e] such proclamation bv the Chief
Administrative Officer or other authorized Derson if the
Board of Supervisors is not in session, subject to
UDC
7
1991
t1. - I~
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
ratification by the Board of supervisors at the earliest
practical time.
3. To request the Governor of the State of California
through the Board of supervisors or the Councilor
councils of the affected city or cities to proclaim the
existence of a state of emergency or state of war
emergency when, in the opinion of the Coordinator, the
resources of the area or region are inadequate to cope
with the emergency.
4. To serve as the operational Area Coordinator and to
coordinate the mutual aid efforts of the parties to this
agreement.
5. ~ [The Ceerdil'la1;er shall] receive and disburse the funds
of the Unified San Diego County Emergency Services
Organization and [shall] tQ be responsible and
accountable for such funds.
l.... There is hereby created an Office of. and Director for.
Disaster Preparedness. The Office. shall be under the
direction of the Chief Administrative Officer of the County
of San Oieao. and the Coordinator of Emeraencv Services for
the Unified San Dieao County Emeraencv Services Oraanization.
The staff effort directlY applicable to County of San oieao
functions shall not exceed the level of the financial
contribution of that iurisdiction and shall not be
inconsistent with the workplan as may be approved bv the
Unified Disaster Council.
The Director and staff of the Office of Disaster Preparedness
shall be responsible for emeraencv manaaement duties which may
include:
~ To prepare. develop. coordinate. and intearate an
Operational Area Emeraencv Plan and to respond to
emeraencies in accordance with emeraencv plans:
~ To aid. assist and advise the County and each city in the
preparation and development of emeraencv plans:
~ To coordinate and assist in the recruitment and trainina
of emeraencv services personnel:
!.... To coordinate and assist in-the procurement and inventorv
of emeraencv supplies and eauipment and in obtainina
UDC
8
1991
q.)..D
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
Federal matchinq funds and surolus property: ,
2... To develop. maintain and administrate countYwide ...u..~''''
as may be determined bv the Unified Disaster council:
h To coordinate Operational Area emerqencv public education
nroarams:
L. To develop. maintain and distribute Operational Area
inventories of vital resources:
h To develop and maintain public warninq svstems for the
San Dieqo Operational Area:
~ To develop an annual workplan and budqet for review and
approval bv the Unified Disaster Council:
~ To execute and approve all instruments necessarv to the
day to day operation of the Emerqencv Services
Orqanization as specified in the approved budqet. and
workplan. and approved chanqes there to:
l.L. To provide administration and coordination of County
employees functioninq as staff to the Unified San Dieqo
County Emerqencv Services Orqanization:
~. The Unified San Diego County Emergency Services Organization
and the Unified Disaster Council are structured herein in
accordance with the Emergency Services Ordinance (San Diego
County Code of Regulatory Ordinances, Sec. 31.101). In the
event the organizations are altered materially in the
Emergency Services Ordinance, any party may offer to the other
participating parties an amendment to conform the agreement
to the Ordinance. All amendments to the Agreement shall be
in writing and effective upon execution by all parties.
IS;. The terms "state of war emergency", "state of emergency", and
"local emergency" used herein shall have the same definition
as is provided in the California Emergency Services Act,
Government Code section 8558.
L. This Agreement shall become effective upon the execution of
the agreement by the County Board of Supervisors and by all
Cities desiring to become signatories hereto.
Execution of this agreement supersedes the prior Emergency
Services Agreement, formerly known as the civil Defense and
Disaster Agreement, and all amendments thereto and also
UDC
9
1991
q"~l
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
supersedes the Third [Eleesl'\li] Amended Emergency Services
Agreement of 1986.
H. Any of the Cities within the county of San Diego which are
now, or which may hereafter become incorporated may become a
party to this agreement by executing an agreement hereunder
and filing such executed agreement with the Coordinator or,
in his or her absence, the first or second alternate
coordinator.
H. This agreement may be terminated as to any of the parties by
written notice given by such party to all the other parties
which notice shall be given at least 120 days prior to the
commencement of the fiscal year in which the termination is
to take effect. For the purposes of such notice a fiscal year
is defined as July 1 of a calendar year through June 30 of the
next succeeding calendar year.
UDC
10
1991
q .. .2.:z..
-,
COUNCIL AGENDA STATEMENT
Item I D
Meeting Date 5/12/92
SUBMITTED BY:
Resolution Approving agreement between the County of San
Diego, Southwestern Community College District, and the City of Chula
Vista for construction maintenance and operation of the Southwestern
College Transit Center.
Director of Public Works ~
City Manager 11
(4/5ths Vote: Yes _ No X)
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: To remove this item from the agenda.
DISCUSSION
This item was continued by Council to the May 12, 1992 meeting. Council requested staff to
check several issues, Le. cost, design, and language of agreement. Staff is currently working
with the County and Southwestern College.
Staff will return this item to Council when all issues have been addressed.
COUNCIL AGENDA STATEMENT
Item &..
Meeting Date 5/12/92
SUBMITTED BY:
Resolution \10 b I \ Approving agreement between the County of San
Diego, Southwestern Community College District, and the City of Chula
Vista for construction maintenance and operation of the Southwestern
College Transit Center.
Director of Public Works r
City Manager.JCo. ,. ~
(4/5tbs Vote: Yes _ No X)
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: Continue this item until the meeting of May 19, 1992.
DISCUSSION
This item was continued by Council to the May 12, 1992 meeting. However, information
requested from the County of San Diego has not yet been received. Staff feels they can return
this item to Council at its May 19, 1992 meeting.
JPL:SB/A-113SlTRANSIT .TBL
050792
tt:>; (
COUNCIL AGENDA STATEMENT
Itell \l
ITEM TITLE:
Meeting Date 5/12/92
Resol ut ion llol.:l. \ Approvi ng second amendment to agreement
between the City of Chula Vista and Robert Bein, William Frost
and Associates, Incorporated for engineering services in
connection with the improvement of Broadway between "l" Street
and Naples Street in the Ci::~/f Chula Vista, California
Director of Public Works q~~
City Manager..JG. ~~l t (4/5ths Vote: Yes_No_>
SUBMITTED BY:
REVIEWED BY:
The City Council, by Resolution 15953 on December 20, 1990, approved an
agreement between the Ci ty of Chul a Vi sta and Robert Bei n, Wi 11 i am Frost and
Associates, Inc. (RBF) for the preparation of construction documents and plans
necessary for the reconstruction of Broadway between "l" Street and Naples
Street. A first amendment to the agreement was approved by the City Council
by Resolution 16490 on February 4, 1992, which provided additional engineering
services for inclusion of a major storm drain in the project. Certain tasks
which require additional engineering services that were unanticipated at the
time the origi nal and amended contracts were negotiated wi th RBF need to be
added. Staff wi shes to agai n amend the contract wi th RBF so that they can
proceed with the engineering services required to complete the final
construction plans. .
RECOMMENDATION: That Council adopt the resolution which approves:
1. An amendment to the original contract extending the time for completion
of the design services to June 12, 1992 (formerly May 29, 1992), adding
additional tasks to the project scope of work and increasing the total
amount of the contract from $170,010 to $177,395, and
2. An authorization for the Director of Publ ic Works to execute potential
additional modifications in the scope of work for up to an additional
amount of $5,000, thus approving authorization to raise the ultimate
total cost of RBF's contract to $182,395.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The first amendment to our agreement with RBF provided for certain engineering
services to install a major storm drain system along with the reconstruction
of Broadway. Since entering into the first amendment to the contract, several
additional tasks are needed to be performed by the consultant before final
construction plans can be completed.
One of the new tasks included in the second amendment is to change the design
for the street improvements to be constructed at the southwest corners of "l"
Street and Arizona Street. Although there is no street widening on Broadway,
\ \ - \
Page 2, Item \)
Meeting Date 5/12/92
our original design proposed widening on these two side streets at the
intersection to meet City standards. Additional right-of-way was required at
both these locations, and City staff required appraisals so that the
right-of-way could be purchased. The City's appraiser advised us that the
originally proposed improvements would significantly impact the businesses
located at these two corners. Therefore, staff revi ewed our design and is
requesting changes that will reduce the right-of-way acquisition costs for the
project substantially. Staff is satisfied that the revised design adequately
complies with City standards. The cost increase for this design change will
be more than offset by the savings in right-of-way costs.
As indicated above, the first amendment to the agreement was to prepare plans
for a new 66" storm drain in Broadway to the new Telegraph Canyon Channel.
This new storm drain will parallel an existing 60-inch storm drain, known as
the Harborside storm drain system, until that system turns west on Moss
Street. The Harborside storm drain then serves the Woodlawn Avenue area that
experienced severe flooding in the recent storms. As a result of our
extensive review of this entire drainage area, staff determined that an
additional connection between the two systems, which will redirect more water
from the existing system to the new system, should provide further flooding
relief measures. This second amendment includes these improvements which
shoul d reduce the frequency of fl oodi ng in the low area west of Broadway in
the vicinity of Crested Butte and Oaklawn Avenue.
The attached second amendment to the original
aforementioned engineering services. In summary,
follows:
agreement provides for the
the services and fees are as
Update of the hydraulic analysis
Additional storm drain design
New plat maps and legal descriptions
for the southwest corners of
"L" and Arizona Streets
Revise curb return designs
Reproduction and printing
$2,540
$2,800
$ 685
TOTAL
$ 960
$ 400
$7,385
Also, we anticipate that we will need additional engineering services during
the construction phase, which are outside the original scope of work of RBF's
agreement. Because of the complexity and length of the project, there may be
conditions that come to our attention during the construction phase which
cannot be predicted now, but will require assistance of the design engineers.
In order to expedi te the project, staff is requesting that the Ci ty Council
authorize the Director of Publ ic Works to approve future amendments to the
scope of work and total amount of engineer's compensation in a total aggregate
amount not to exceed $5,000. If no such services are required, the funds will
not be used.
Approval of this second amendment to the agreement will increase the
"not-to-exceed" 1 imits of the original contract to $177,395. The
authorization for the Director of Publ ic Works to approve future changes in
scope of work in a not-to-exceed additional amount of $5,000 would place a
maximum cap of $182,395 on the contract with RBF.
\\ -)..
Page 3, Itell \ \
Meeting Date 5/12/92
FISCAL IMPACT: The current contract with RBF includes a fee of $170,010.
The contract modification requested in this report will increase the
consultant fee by an additional amount of $7,385. An additional $5,000 may be
necessary for changes but only if approved by the Director of Publ ic Works.
Adequate funds are avail abl e in the budgeted Capi tal Improvement Project for
Broadway between "L" Street and Naples Street.
SA:kj/AX-079
WPC 5981 E
\\-3
RESOLUTION NO. '\Pb~'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SECOND AMENDMENT WITH
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES,
INC. FOR ENGINEERING SERVICES IN CONNECTION
WITH THE IMPROVEMENT OF BROADWAY BETWEEN "L"
STREET AND NAPLES IN THE CITY OF CHULA VISTA
WHEREAS, on December 20, 1990, by Resolution 15953, the
city Council, approved an agreement between the City of Chula vista
and Robert Bein, William Frost and Associates for the preparation
of construction documents and -plans necessary for the
reconstruction of Broadway between "L" Street and Naples street;
and
WHEREAS, a First Amendment to the Agreement was approved
by the city Council by Resolution 16490 on February 4, 1992, which
provided additional engineering services for inclusion of a major
storm drain in the project; and
WHEREAS, certain tasks which require additional
engineering services that were unanticipated at the time the
original and amended contracts were negotiated with RBF needs to be
added so that RBF can proceed with the engineering services
required to complete the final construction plans.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the Second Amendment to
Agreement with Robert Bein, William Frost and Associates, Inc.
providing for an extension of time to complete the design services
to June 12, 1992, adding additional tasks to the project scope of
work, and increasing the total amount of the contract from $170,010
to $177,395 in connection with the improvement of Broadway between
ilL" Street and Naples street, a copy of which is on file on the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
amendment for an on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized to execute potential additional modifications
in the scope of work for up to an additional amount of $5,000, thus
providing authorization to raise the ultimate total cost of RPF's
contract to $182,395.
4:-7 "'
Bruce M. Boo
Attorney
rd, ity
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\RBF 2nd
n-4
File # AX-079
SECOND AMENDMENT TO
AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN CITY OF
CHULA VISTA AND ROBERT BE IN , WILLIAM FROST AND
ASSOCIATES, INCORPORATED
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this
day of , 1992, by and between the CITY OF
CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred
to as "City," and ROBERT BEIN, WILLIAM FROST AND ASSOCIATES,
INCORPORATED, a California Corporation hereinafter referred to as
"Consultant," whose address is 71 North Fourth Avenue, Chula Vista,
california, 91910-1099, for professional engineering services in
connection with city of Chula vista Broadway improvements between
L Street and Naples Street, hereinafter referred to as "the
project".
RECITALS
A. WHEREAS, on December 20, 1990, by Council Resolution #15953,
an agreement to provide engineering design services was
entered into between the City and the Consultant for the
design of street improvements for Broadway between L Street
and Naples Street.
B. WHEREAS, on February 4, 1992, by Council Resolution #16490, a
First Amendment to the agreement to provide engineering design
services was entered into between the City and the Consultant
for the design of street improvements for Broadway between "L"
Street and Naples Street.
C. WHEREAS, certain unanticipated events have arisen during the
course of performing said agreement, and amendment thereto
outside the original scope of work contained in said
agreement.
\ \ -S'
D. Whereas, The City Engineer has determined that an additional
hydraulic analysis for the Harborside 60" storm drain is
needed to determine the best location and size for a flow
equalization structure to be constructed between the
Harborside 60" storm drain and the new 66" storm drain in
Broadway.
E. WHEREAS, section 2d of the original agreement requires that
any changes to the scope of work to be performed by the
Consultant shall be mutually agreed upon by the City and
Consultant.
F.
WHEREAS, the city desires to proceed
the construction of this project
resources to design the project in a
in a timely manner with
and lacks sufficient
timely manner.
G. WHEREAS, the Consultant represents that it is qualified, it
has personnel and facilities available necessary to accomplish
the work within the required time, and Consultant desires to
undertake the same.
WITNESSETH THAT,
obligations of the
agree as follows:
in consideration of the recitals and mutual
duties as herein expressed, city and Consultant
I. Paragraph 2: Compensation. The paragraph is amended by
adding the following after the existing text: In addition to
the compensation provided in the paragraphs above (the
original Agreement and the First Amendment) the compensation
to be paid by the City to Consultant for all the work required
for the additional storm work specified in this second
amendment shall be a not to exceed fee of seven thousand
three-hundred eighty-five dollars ($7,385) based upon the
attached fee schedule (Exhibit A) payable in monthly progress
payments in an amount that the Public Works Director, or his
-2-
it -b
designee, shall determine corresponds to the value provided to
the city to the date of billing. Payments shall be based as
set forth in Exhibit A.
II. Paragraph 2: Additional Scope of Work. The paragraph is
amended by adding the following after the existing text: The
Director of Public Works is hereby authorized, without further
Council action, to approve both further amendments to the
Scope of Work and total amount of Engineer's Compensation for
Services, as required by unforeseen changes in the project in
a total aggregate amount not to exceed $5,000, in addition the
.time changes in Scope of Work and compensation effected by
this Second Amendment to Agreement.
III. Paragraph 4: Term. The introductory paragraph of the
agreement as amended is further amended to read as follows:
Consultant shall perform all of the defined services herein
required of them no later than June 12, 1992, and shall abide
by and comply with any interim time frames and milestone dates
that are set forth on Exhibit A as amended thereon.
IV. Exhibit A, scope of work for the original agreement as amended
is further amended to include the following additions:
Add the following to the Final Design Section:
ADD FOLLOWING PARAGRAPH H.
"I. The Consultant shall prepare an updated hydraulic
analysis for the Harborside 60" storm drain to study the
effects and benefits of flow equalization between the
proposed 66" RCP and the existing 60" RCP, each tributary
to the Telegraph Canyon Channel (TCC). The study will
compute the estimated hydraulic grade line in each system
before and after flow equalization, and determine the
-3-
\\ -1
size, type and location of the flow equalization
structure to obtain enhanced performance of the proposed
parallel system. The study will be completed using the
LACDPW storm drain analysis program RD4412. "As built"
data will be used for the existing Harborside storm drain
system geometry.
"J. The Consultant shall revise the construction drawings
previously prepared to show the addition of four catch
basins and lateral pipes and the relocation of one catch
basin and lateral pipe. Consultant shall increase the
size of the proposed 60" storm drain in Broadway to a 66"
storm drain or to the conduit size determined from the
hydraulic analysis described in Paragraph I. The
approximate locations for the new and relocated inlets
are:
street station 24+50-
Relocate Inlet, Add Parkway
Drain
street
Add New Inlet
Add New Inlet,
Existing Inlet
Add New Inlet to Intercept
Parkway Drain
Work under this item will include necessary revisions to
the construction drawings including additional details
and structural calculations for appurtenant structures,
revisions to the basis of design study for hydrology,
street flow calculations and catch basin sizes, and a
revised hydraulic analysis. The project specifications
will also be revised to include additional bid items that
may result from modification to the construction plans as
described in this Task."
station
station
29+25-
30+00-
Replacing
street
street station 34+00-
-4-
\\ - i'
"K. The consultant shall revise the Plat Maps and legal
descriptions for right-of-way acquisition at the
southwesterly corner of Broadway and L street and the
southwesterly corner of Broadway and Arizona street. The
city will provide sketches indicating the new R/W
configuration."
"L. The Consultant will revise the construction drawings to
reflect the changed right-of-way acquisition at the
southwesterly corner of Broadway and L street and the
southwesterly corner of Broadway and Arizona. Work will
include providing a new curb return profile and revised
plan view to reflect a new curb return radius, as
specified by the City, and revised sidewalk and
pedestrian ramp improvements."
v. Except as modified herein, all other terms and conditions of
the original agreement as amended by the first amendment
remain as specified therein.
-5-
\\"1\
IN WITNESS THEREOF, the parties hereto have executed this Second
Amendment to Agreement on the day and year first-above written.
CITY OF CHULA VISTA
Robert Bein, William Frost
and Associates, Inc.
Mayor of the City of Chula vista
tt . Taylor, P
Director, Civil En
Attest:
City Clerk
Approved as to form by:
Bruce Boogaard
City Attorney
SA:nm
(SA\RBF2.AMD)
-6-
\\. 10
EXHIBIT "A"
COMPENSATION FOR ADDITIONAL
SERVICES IN AMENDMENT
Robert Bein, William Frost and Associates will complete the work
outlined herein and invoice the City monthly on a percentage
completion basis in accordance with the Schedule of Professional
Fees shown below.
TASK DESCRIPTION PROFESSIONAL FEE
Task I Hydraulic Analysis $ 2,540
Task J Additional Storm Drain Inlets 2,800
Task K Plat Maps and Legal Description 685
Task L Revise Curb returns 960
Subtotal Professional Fees $ 6,985
Reproduction $ 400
Total Fee $ 7.385
(SA\RBF2.AMDl
-7-
\\- II
MEMORANDUM
May 5, 1992
File # AX-079
TO: John GosS, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director Finance
Beverly Authelet, city Clerk
FROM: John Lippitt, Director of Public Works
SUBJECT: Resolution Approving Second Amendment to Agreement with
Robert Bein, William Frost and Associates, Incorporated
in connection with the improvement of Broadway between
"L" Street and Naples Street in the city of Chula Vista,
California
The original contract with RBF included their fee of $145,570. The
contract modification requested in this report will increase the
consultant fee by an additional amount of $7,385. An additional
$5,000 may be necessary for changes but only if approve by the
Director of Public Works. Adequate funds are available in the
budgeted capital Improvements Project of Broadway between "L"
Street and Naples Street.
Funds Required
Funds Available (250-2501-ST102)
$7,385.00
$7,385.00
MC:rb
(MC\CONFELMEM)
\\ -1;1....
THE CITY OF CHULA. VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
None
2. H any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership. .
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No -1L If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No L If yes, state which
Councilmember(s):
~ is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation,
estate, trus~ receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision,
or any other group or combination acting as a unit."
(N01E: Attach additional pages as necessary)
Date:
Print or type name of contractor/applicant
[Revised: 1I/30190J
[".J n..\:DISCLOSE.TXT]
\\-\'?>
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 5/12/92
ITEM TITLE: Resolution I blo).l. granting easement to owners of the property at 4045
Palm Drive for water service through City open space and approving
agreement with said owner. . /
SUBMITTED BY: Director of Public wor~ (ft'
Director of Parks and ~ecreatio~
REVIEWED BY: City Manageyb ~~\ (4/5 Vote: Yes_NoXl
Mr. and Mrs. Thiang Chu are planning to build a home at 4045 Palm Drive (see Exhibit "A").
The most practical and economical way of receiving water service with sufficient pressure is to
have a remote service installed through City open space. In order to have a meter installed,
Sweetwater Authority requires the owners to provide evidence of a grant of easement by the City
for the pipeline from Greenwood Place to the owners' lot.
RECOMMENDATION: That Council adopt the subject resolution granting the subject
easement, approving agreement as conditioned and authorize the mayor to sign the grant deed
on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In order to build a home on their property at 4045 Palm Drive (in the unincorporated area of
the County), the current owners, Thia and Chuang Chu, must install fire sprinklers in the
dwelling. There is not sufficient pressure in the existing water main in Palm Drive to operate
a sprinkling system. The subject lot is on the fringe of the area served by the same water tank
that serves the neighboring properties.
The previous owner of the subject property, Kirby Horrell, was also planning to build on the
property, but never followed through. Upon contacting the Sweetwater Authority in 1989, Mr.
Horrell was given the following alternatives to obtain the required water pressure for fire
protection (estimates are from Sweetwater Authority):
Alt 1 Installation of a remote service (private, two-inch diameter line) from Greenwood Place
with an easement through the City's open space lots. City staff has estimated this work
at $7,100.
\J.- - I
Page 2, Item Il
Meeting Date 5/12/92
Alt 2 Provide higher pressure water main from Greenwood Place. This alternative includes
the installation of 600 feet of 8-inch water main and 450 feet of 6-inch water main.
Estimated cost: $100,000.
Alt 3 Similar to Alternate 2, using a different route for the water main. This method would
require installation of 750 feet of 8-inch main and 450 feet of 6-inch main. Estimated
cost: $152,000.
Alt 4 Install one hydropneumatic pump station (maintained by Sweetwater Authority), which
would take service from the Wheeler Tank and raise it to a higher pressure. Additional
8-inch and 6-inch mains are also required for a fire hydrant and domestic services.
Estimated cost: $288,700.
These options are still open to the present owners. They have been advised by Sweetwater
Authority that the company is ready to install the meter for the remote water service upon the
owners' ability to obtain the easement. Sweetwater Authority will install a water meter at the
back of sidewalk on Greenwood Place and the owners will provide the 2-inch private line
through the open space to the property.
The location of the easement is proposed to cross Open Space Lot 219 of Bonita Ridge Estates,
Unit 4 and Open Space Lot 140 of Unit 3. The alignment partially coincides with a similar
water service easement granted to Dr. Walter Shaw in 1983. This easement will extend from
Dr. Shaw's easement in a southerly direction along the easterly boundary of Open Space Lot 140
to the Chu property. The total length of the easement is approximately 750 feet.
The Environmental Review Coordinator has examined the site and has determined that there will
be no significant impact on the environment resulting from the proposed work.
Staff recommends that Council approve the granting of the easement subject to the applicants
entering into an agreement with the City to include the following conditions:
1. The area disturbed by trenching operations shall be restored to the original grade.
2. Any areas containing growth or irrigation systems disturbed or destroyed by
materials or equipment accessing the work site shall be restored to original
condition.
3. Disturbed areas must be reseeded with Pecoff South County, low fuel seed mix
#51, at the producers' recommended application rate and raked into the disturbed
soil.
4. The City shall be held harmless from any damages or injuries to persons which
may occur through the installation or maintenance of this water service line.
\2.-;2..
Page 3, Item /2-
Meeting Date 5/12/92
5. The water service line shall installed at a minimum depth of thirty inches.
6. A cash bond shall be submitted by the owners in the amount of the estimated cost
to restore the site to its original state prior to granting the easement. Said deposit
shall be returned upon satisfactory completion of that work as determined by the
Director of Parks and Recreation.
7. The owner shall deposit $1,720 into the Open Space Maintenance Fund.
8. The grant deeds shall not be filed with the County Recorder until the owners
make application to the Local Agency Formation Commission to begin annexation
proceedings.
9. The owner shall agree to be added to the Open Space Maintenance District.
Staff has contacted the City's contract appraiser and he stated that the open space areas in the
eastern territories would be worth $5,000 to $10,000 per acre. This was a verbal estimate to
obtain a range and was not based on an official appraisal. Staff therefore recommends that the
the owners be required to deposit $1,720 into the Open Space Maintenance Fund as payment for
granting the easement to them. (The lO-foot-wide easement, 750 feet long, equals 7500 square
feet which works out to be 0.172 acre at $10,000 per acre, totals $1,720.)
As can be perceived by the various alternative costs, the owners will save significant amount of
money through the use of a remote service. Other alternatives may actually make the project
economically infeasible. Staff feels the deposit of $1,720 is a fair amount, in view of the Chus'
alternative costs to receive water service.
There is a transparency available for Council viewing.
FISCAL IMPACT: If Council approves the resolution as presented, the Open Space
Maintenance District Fund for Bonita Ridge Estates will increase by $1,720 and the assessments
for the home owners in the district will decrease by approximately 5 % for one year (based on
current budget amounts).
JWH
PF-088
\'). ~ 3
"'- C /
1
8tJIJ,rA
EXHIBIT "A"
FILE NO. PF-088
OWN BY: (1,1./
DATE: 4-8''30 .
WATER UN; EASEMENT IN OPEN SPACE
TO MR. ~ M~S CI-/U ~ @ 4045 PALM DR.
\~~ 4
RESOLUTION NO.
)t.:."~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING EASEMENT TO OWNERS OF THE
PROPERTY AT 4045 PALM DRIVE FOR WATER SERVICE
THROUGH CITY OPEN SPACE AND APPROVING
AGREEMENT WITH SAID OWNER
WHEREAS, Mr. and Mrs. Thiang Chu are planning to build a
home at 4045 Palm Drive; and
WHEREAS, the most practical and economical way of
receiving water service with sufficient pressure is to have a
remote service installed through city open space; and
WHEREAS, in order to have a meter installed, Sweetwater
Authority requires the owners to provide evidence of a grant of
easement by the City for the pipeline from Green wood Place to the
owners' lot; and
WHEREAS, the Environmental Review Coordinator has
examined the site and has determined that there will be no
significant impact on the environment resulting from the proposed
work.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city 'of Chula vista does hereby approve the Agreement Between
the City of Chula vista and Thiang and Chuang Chu Regarding Grant
of Easement For Remote Water Service to serve 4045 Palm Drive
subject to the conditions contained therein.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute the
Agreement between the city of Chula vista and Thiang and Chuang Chu
regarding grant of easement for remote water service, a copy of
which is on file on the office of the City Clerk.
John P. Lippitt, Director of
Public Works
~r~o
Bruce M. Boog a
Attorney
form by
(\1
~
Presented by
C:\rs\chu easement
\l-s ;J--6
Recording requested by and
please return to:
Public Wotks Department
Engineering Division Permits
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
. This space for Recorder' use, only .
Assessors Parcel No(s). 593-111-05; 593-111-12; 593-292-44
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THIANG AND CHUANG CHU
REGARDING GRANT OF EASEMENT FOR
REMOTE WATER SERVICE
This agreement is hereby dated and effective this
19_, and is
day of
BY AND BETWEEN
THIANG CHU AND CHUANG CHU, 7835 Mission Montana
Place, San Diego, CA 92120 ("OWNERS")
AND
THE CITY OF CHULA VISTA ("CITY")
RECITALS
A. OWNERS are the owners of property identified as Tax Assessors' Parcel No. 593-111-05
("PROPERTY") in the unincorporated territory adjacent to the Chula Vista boundary.
OWNER submitted a letter dated 4/2/92 to the City Engineer requesting a ten-foot-wide
easement through City Open Space Lot 140 of Bonita Ridge Estates, Unit 3 and Open
Space Lot 219 of Bonita Ridge Estates, Unit 4, for a remote water service.
B. City Council may, by resolution, grant easements to private individuals for various
purposes, including utility services.
B. Assurances required of an owner may include that he/she enter into a formal agreement
with the City prior to the granting of the easement.
COVENANTS
1. OWNERS and their successors in interest hereby agree that any grant of easement
granted for water service to PROPERTY may be revoked and made null and void at the
option of the City in the event that OWNERS or their successors in interest object to
annexation of said PROPERTY to Chula Vista. OWNERS and their successors in
'1.."1
interest agree to pay in full the costs incurred by CITY, including attorney's fees, to
process said revocation.
2. Tho cost of any water facility constructed to serve PROPERTY shall be borne in total
by OWNERS. All facilities so constructed shall be built in conformity with the standards
of the City of Chula Vista.
3. OWNERS consent to begin annexation proceeedings to annex to the City of Chula Vista
by making application to the Local Agency Formation Commission prior to the
recordation of the grant deed for the water service easement.
4. OWNERS shall submit to the Department of Finance of the City of Chula Vista a cash
bond in the amount of $7,500 as surety that the trench excavated for the water line is
backfilled to original grade, that sufficient compaction is reached so that erosion will not
occur and that all disturbed growth is restored to the satisfaction of the Department of
Parks.
5. Said water line shall be installed at a minimum depth of thirty (30) inches.
6. OWNERS shall deposit one thousand seven hundred twenty dollars ($1,720) into the
Open Space Maintenance District No.4 Fund.
7. The area disturbed by the trenching operation shall be restored to its original grade.
8. Any areas, including irrigation systems, disturbed or destroyed by materials or equipment
accessing the work site shall be restored to its original condition.
9. Disturbed areas must be reseeded with Pecoff South County, low-fuel seed mix #51, at
the producer's recommended application rate and thoroughly raked into the disturbed
soil.
10. CITY shall be held harmless by OWNERS for any damages or injuries to persons which
may occur through the installation or maintenance of this water service.
11. CITY agrees that no buildings and/or structures will be erected, walls constructed, fences
built or trees planted upon the easement.
12. CITY shall not change the grades of, or allow other utilities within said easement without
prior permission of OWNERS.
13. OWNERS agree to be added to Open Space Maintenance District No.4 (Bonita Ridge
Estates) .
\').. . 8'
SIGNATURE PAGE FOR
AGREEMENT REGARDING WATER EASEMENT
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
CITY OF CHULA VISTA
DATED:
BY:
Mayor of the City of Chula Vista
Approved as to form:
BRUCE M. BOOGAARD
CITY ATTORNEY
PROPERTY OWNER(S)
DATED:
DATED:
(Attach notary acknowledgment for all signatories.)
\')..". '1
JtECO"DING JtEQUE.TED BY
-
CITY OF CHULA VISTA
__~."IL"CI
_ r MR. THIAN CHU ...,
_ 7835 KlSSION MONTANA FLACE
_ SAN DIEGO. CA 92120
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"'ACE AaovR THI8 UNE FOR ItECORDER'. U.E
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AFN 593-292-44
593-111-12
593-111-05
--1 AmI LJLS. .
HDNI~PAL
IN THIS SPACE
lO.c6CACI4Il
Corporation Grant Deed
TN'. POI". PU.N...., ft TITLIl ......UNCIt AND nun COM.....NY
FOR A VALUABLE CONSIDERATION, ....!pl 01 wlUch io.......' ......wlodpd.
the CITY OF CHULA VISTA. A MUNICIPAL
i- corporation orguDed under the laws of the state of CALIFORNIA
boJoby GRANTS 10 THIANG CHU AND CHUANG CHU. AN EASEMENT FOR WATER SERVICE PURPOSES OVER
.... r.n.wInS deocribed ...1 property In.... CITY OF CHULA VISTA
County of SAN DIEGO ,State of Califomia:
(SEE LEGAL DESCRIPTION ATTACHED)
In Witness Whereof, ..id corporation has cau.ed ita corporate name and leal to be .ffixed hereto and thia instru-
ment to be executed by i." MAYOR rJ~tlan~ r.T'I'V M ""Vir ~Itt#y/
thereunto duly authorized.
Doted:
CITY OF CHULA VISTA
By
TTESTED
By
Mayor
'tf<J<'I<'Jo#
~-I"
City Clerk
ipature
~_".-n.I_.n.l_1I
ill
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S'-row or Loan No
MAIL TAX STATIMlNTS AS DIRECTED ABOVE
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A 10 FOOT WIDE EASEMENT FOR THE PURPOSE OF INSTALLING, OPERATING,
MAINTAINING, REPLACING AND REPAIRING A WATER MAIN, THE RIGHT OF
INGRESS AND EGRESS FOR SUCH PURPOSES, AND APPURTENANCES THERETO
WITHIN A PORTION OF LOT 140 OF BONITA RIDGE ESTATES UNIT ~. 3
ACCORDING TO MAP NO. B633 AND ALSO A PORTION OF LOT 219 OF BONITA
RIDGE ESTATES UNIT NO.4 ACCORDING TO MAP NO. 8370 IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAPS
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THE CENTER LINE OF SAID 10 FOOT WIDE EASEMENT IS DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 194 OF SAID MAP NO.
8370 BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 219
AND BEING ON THE EASTERLY LINE OF GREENWOOD PLACE ACCORDING TO
THE MAP; THENCE NORTH 17'45'20" WEST ALONG SAID EASTERLY LINE OF
GREENWOOD PLACE A DISTANCE OF 182.70 FEET TO THE - TRUE POINT OF
BEGINNING OF SAID CENTERLINE; THENCE NORTH 72" 14'40" EAST A
DISTANCE OF 211.83 FEET TO A POINT ON THE NORTHEASTERLY LINE OF
SAID LOT 219 BEING ALSO THE SOUTHWESTERLY LINE OF SAID LOT 140-0F
MAP 8633; THENCE NORTH 26-3B'22" EAST A OISTANCE OF 17.09 TO A
POINT OESIGNATED POINT "A" BEING A POINT 5.00 FEET MEASURED AT
RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT 140; THENCE
CONTINUING NORTH 26'38'22" EAST, 5.00 FEET TO THE NORTHEASTERLY
LINE OF LOT 140; THENCE RETRACING TO THE HEREIN ABOVE POINT "A"
AND CONTINUING SOUTH 6J-21 '38" EAST 480.00 FEET TO THE TERMINUS
OF SAID EASEMENT.
THE GRANTOR HEREIN AGREES THAT NO BUILDINGS AND/OR STRUCTURES
WILL BE ERECTED, WALLS CONSTRUCTED, FENCES BUILT OR TREES PLANTED
UPON THE EASEMENT HEREIN DESCRIBED. NO CHANGES IN THE EXISTING
GRAOE WILL BE MADE WITHOUT PRIOR WRITTEN APPROVAL OF THE GRANTEE;
OR ENCROACHMENT BY OTHER UTILITIES PUBLIC OR PRIVATE, UNLESS
GRANTEE AUTHORIZES IN WRITING.
THE GRANTEE HEREIN AGREES THAT THE WATER SERVICE LINE WILL BE
I NSTALLEO AT LEAST 30 INCHES BELOW SURFACE GRADE AND THAT THE
TRENCH BACKFILL WILL BE SUFFICIENTLY COMPACTED TO PREVENT WASHING
OUT. THE CITY WILL BE HELD HARMLESS FROM ANY DAMAGES WHICH MAY
OCCUR THROUGH THE INSTALLATION OR SUBSEQUENT MAINTENANCE OF THE
WA TERLI NE .
l~-/2..
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/12/92
ITEM TITLE:
Public Hearing: Conditional Use Permit 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
SUBMITTED BY:
Resolution Affirming the decision of the Planning Commission
and thereby approving PCC-91-24
Director of Planning /ifl!{
City Manager,j~ ~~
(4/5ths Vote: Yes_No.1l)
Council Referral #2539
REVIEWED BY:
This item is a proposal to redevelop the service station at 1498 Melrose Avenue with new
facilities, including new gas dispenser islands and canopy, 1800 sq. ft. mini-market, and a 750
sq. ft. automatic car wash. It has been called forward on appeal by the City Council in response
to concerns raised by surrounding residents and business owners with respect to traffic and
concentration of liquor sales.
The matter was originally continued from the meeting of March 24 to April 28, 1992, in order
to allow the Council to first consider a report on alcohol sales facilities in C-N zones. Council
considered the report on April 21 and directed staff to establish a review process for such
facilities.
At the meeting of April 28, the staff recommendation was to continue the Texaco appeal until
after the new review process is adopted and in place, which is estimated to require
approximately 60-90 days. At the Council meeting, the applicant requested the Council to hear
the appeal at an earlier date. Council agreed and continued the item to the meeting of May 12.
Texaco has now reconsidered their position and prefers to postpone the matter until after the new
review process is adopted (please see attached letter).A'orSC!;'tNN GP
RECOMMENDATION: That Council postpone consideration of the appeal on PCC-91-24 until
after the consideration/adoption of a review process for alcohol sales facilities in C-N zones.
BOARDS/COMMISSIONS RECOMMENDATION: On January 8, 1992, the Planning
Commission voted 5-2 to approve PCC-91-24.
\~ -\
Page 2, Item l~
Meeting Date 5/12/92
DISCUSSION:
As noted above, it is estimated that a review process can be returned to Council for
consideration in approximately 60-90 days. The item will be renoticed when it is rescheduled
for hearing.
Based on this request, we have taken the liberty of distributing to the mailing list a notice of the
postponement and intention to renotice.
FISCAL IMPACT: Not applicable.
(pcC91-24.A1I3)
\ ~.2.
MAY 05 '92 10:13 TEXACO SAN DIEGO
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May 5, 1992
Mr. Robert Leiter
Direotor of planning
city of Chula vista
276 Fourth Ave.
Chula Vista, Ca
RE:
CUP PCC-91-24
Appeal of Planning Commission Approval
1498 Melro.e at Oranqe
Chula V1eta, Ca
Dear Mr. I.eiter,
At the city Council Hearinq on April 28, 1992 the Council
decided to continue the subjeot agenda item until the May 12,
1992 meetinq.
I am requeeting that this item be continued as I will
be out of town that night and will not be able to attend.
Furthermore, after discussing the issues of the appeal with
staff and to people within Texaco's organization, it has been
determined that it would be best for all parties to continue
this item until Council hae the opportunity to review the
process by which alcohol sales will be approved and handled
in the C-N Zone.
It is our understanding that it will take approximately 90 days
to enact a new ordinance regarding aloohol sales in the C-N Zone.
We therefore request that this item be heard as shortly thereafter
as possible. Furthermore, if a new ordinance is not developed and
approved within a 90 day period or it appears that it will not,
we want to res.rve the right to have the item heard as soon as
possible upon our written reque.t.
Should there be any questions regarding this matter please contact
the undersi9ned at 619-283-3514.
Sincerely,
...j).t?~
D. P. Mattson
Senior Real Estate Aqent
;;u,h1i"'(1 0" Go ri"~"iil\~r, ("! Outl/iiy
t,>~
COUNCIL AGENDA STATEMENT
Item---1!i-
Meeting Date 5/12/92
REVIEWED BY:
Public Hearing: Assessment District No. 91-1 (Telegraph
Canyon Road - Phase II)
a) Resolution \l,,1.o~3 of the City Council of the City of
Chula Vista confirming the assessment, ordering the
improvements made, together wi th appurtenances, and approv i ng
the Engineer's "Report" in Assessment District No. 91-1
(Telegraph Canyon Road - Phase II)
b) Resolution 11.1.2.4 of the City Council of the City of
Chula Vista authorizing certain assessment district bonds to
be sold at public sale and directing a call for sealed bids
for Assessment District No. 91-1 (Telegraph Canyon Rd. - Ph.
II) ...~ ~
Director of Public Work~ ~
City Manager J~ ~;Jf!f {4/5ths Vote: Yes_No...!.J
ITEM TITLE:
SUBMITTED BY:
On April 7, 1992, Council adopted the Resolution of Intention to order the
acquisition and financing of Telegraph Canyon Road - Phase II pursuant to the
Municipal Improvement Act of 1913 and set a publ ic hearing for May 12, 1992
for the purpose of hearing public testimony. The associated resolutions
i ncl ude confi rming the assessment orderi ng the improvements, approvi ng the
Engineer's Report", authorizing the sale of bonds and directing a call for
sealed bids.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 requires that a public hearing be
conducted to hear testimony prior to forming an assessment district to finance
publ i c improvements through the sale of bonds. On April 7, 1991 Council set
May 12 as the date to conduct that hearing. All owners of property within the
proposed Assessment District, which contains residential land uses, golf
course parcels and the Olympic Training Center site have been mailed a notice
of the public hearing and the proposed assessment to their land.
After conducting the publ ic hearing and considering any testimony presented,
the Council may choose to proceed with the district by approving the
Resolution Confirming Assessments and approving the Resolution Authorizing
Bond Sale. These actions, pursuant to the Municipal Improvement Act of 1913,
allows the financing of infrastructure improvements through sale of Assessment
District bonds with payments collected with property taxes.
J 4-1
Page 2, Item~
Meeting Date 5/12/92
This district is an acquisition assessment district wherein the developer is
constructing Telegraph Canyon Road - Phase II, between 2,250 feet west of the
future Paseo Ranchero Road and 600 feet east of Apache Drive, and the City
will acquire it upon completion with funds derived from the sale of bonds.
The estimated cost of the improvements is assessed to land within the district
and paid off by the property owners over a 25-year period. New homeowners
will have the option of paying off the assessment and including the cost with
their mortgage. However, since this would raise the amount of the down
payment and would be paid at a higher interest rate for a longer period of
time, this option is rarely, if ever, exercised.
Telegraph Canyon Road is a component of the circulation element street system
for the Eastern Territories and as such, is included in the Eastern
Territories Transportation Development Impact Fee (DIF) program. It is
proposed that the DIF amount, currently $3,060 per equivalent dwell ing unit
(EDU), be util ized as the method of spreading the cost of Telegraph Canyon
Road - Phase II to the land within the assessment district boundaries. With
the bond issuance expenses added to the DIF amount, the assessment is $3656
per EDU.
The public improvements proposed to be financed through this acquisition
proceeding are nearly complete and include improvements to provide the full
six lanes of Telegraph Canyon Road and the adjacent drainage within the
project 1 imits. The estimated total transportation and channel DIF el igible
project cost is approximately $12,054,586, of which, the Eastlake Development
Co. has requested that $5,863,572.62 in street costs be assessed to 1 and
wi th i n the Eastlake development. Payment from bond proceeds wi 11 be made to
the Eastlake Development Co. after the improvements are completed. The
remaining $5,255,193 in street costs will be utilized by the Eastlake
Development co. as a credit against DIF charges for future development.
Eastlake has utilized about $2.47 million of this credit to date. Most of the
$935,820 in eligible channel credit has already been used.
The total amount proposed
district is $7.0 million.
as shown in the following:
to be assessed to the parcel s in the assessment
This includes construction and incidental expenses
CONSTRUCTION
INCIDENTAL EXPENSES
$9,413,310.18
Project Management
Assessment Engineering
Design, Surveying & Staking
Construction Management
80nd Counsel
Financial Consultant
landscape Design
Construction Bond
Plan Check & Inspection
Public Agency Project Management
Right-of-Way Acquisition
$ 18,235.00
53,880.00
847,752.40
10,583.82
37,514.43
59,395.00
74,605.40
113,260.00
195,145.05
20,000.00
873,849.52
/It -2,
Special Studies Engr.
Soils Engineering
Printing, Advertising, Posting Notices
Bond Printing, Servicing & Registration
Street DIF Proj. Adm.
2% DIF Program support
SUBTOTAL INCIDENTAL EXPENSES
TOTAL CONST. & INCID. EXPENSES
LESS CHANNEL & DEV. CONTRIBUTION
TOTAL CONST. & INCID. ASSESSED TO DISTRICT
BOND ISSUANCE COSTS
Capitalized Interest (2 mo. @ 8.5%)
Bond Discount (2%)
Bond Reserve Fund (10%)
SUBTOTAL ISSUANCE COSTS
TOTAL ASSESSED TO DISTRICT
Page 3, Itetll~
Meeting Date 5/12/92
120,216.40
186,493.31
3,000.00
10,000.00
1,353.00
218.014.98
$2,843,298.31
$12,256,608.49
$ 6,191,011.44
$ 6,065,597.05
$ 99,481.96
140,115.43
700.577 .16
$940,174.55
$7,005,771. 60
The amount proposed to be assessed to the district is approximately $85,630
less than was proposed at the time that the resolution of intention was
adopted in early April. Thi s is due to mi nor adjustments bei ng made in the
bond issuance costs.
In addition to the assessments proposed to be levied as a part of this
proceeding, the land in this district was previously assessed as a part of the
EastLake Greens - Phase I Assessment District No. 90-3. The combined
assessments range from $5,176 to $5,977 for single family detached dwelling
units and $4,550 for single family attached dwelling units. Based on the
current appraisal of land value and the projected sales prices of the future
dwelling units, the Council Policy requirements of minimum land
value-to-assessment ratio of 3:1 and maximum annual debt service for all
bonded debt of 2% of sales price, have been met (see attached Exhibit A).
There are two resolutions on today's agenda which, if adopted, accomplish the
following:
1. RESOLUTION CONFIRMING THE ASSESSMENTS. This resolution approves the
Final Engineer's Report, confirms and levies the assessments contained
therein, and approves the mechanism by which the improvements may be
acquired when they are completed.
2. RESOLUTION AUTHORIZING CERTAIN ASSESSMENT DISTRICT BONDS TO BE SOLD AT
PUBLIC SALE. This resolution authorizes the Financial Consultant to
advert i se for compet it i ve sealed bi ds in the sale of the bonds to be
issued as a part of this proceedings. As part of this resolution, the
City agrees to foreclose upon properties which are del inquent in paying
the assessment installment pursuant to the terms of the Bond Indenture.
1~"3
Page 4, Item~
Meeting Date
FISCAL IMPACT: The EastLake Development Company has deposited the one
percent assessment district initiation charge of $70,057.72 with the City.
All assessment di strict costs, i ncl uding staff costs. have been advanced by
EastLake Development Company and will be reimbursed through the issuance of
1915 Act bonds.
WPC 5979E
DDS: AY075
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I
n
ITEM TITLE: a)
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
ItelR~
~ Meeting Date 4/7/92
Resolution \ lIStp Making findings on the petition for
Assessment Distric~'fo. 91-1 (Telegraph Canyon Road - Phase II)
b) Resolution \\O~~ Making appointments, approving the
acquisition/f nancing agreement, and authorizing the Mayor to
execute the acquisition/financing agreement for Assessment
District No. 91-1 (Telegraph Canyon Road - Phase II)
c) Resolution' \gt6~& Adopting a map showing the proposed
boundaries of Assessment District No. 91-1 (Telegraph Canyon
Road - Phase II)
d) Resolution \\n~tV1 Declaring intention to order the
install at i on Iff certain improvements in a proposed assessment
district; ordering the preparation of a report describing the
district to be assessed to pay the costs and expenses thereof;
and providing for the issuance of bonds for Assessment
District No. 91-1 (Telegraph Canyon Road - Phase II)
e) Resolution \ W ~1V. Passing on the "report"
Engineer, gfving preliminary approval, and setting a
place for the public hearing for Assessment District
(Telegraph Canyon Road - Phase II)
Director of Public Work}l r
City Manager ~ (4/Sths Vote: Yes___No-X-)
of the
time and
No. 91-1
In April 1989, the EastLake Development Company began the construction of
Telegraph Canyon Road - Phase II which extends from apprOXimately 2,250 feet
west of the future Paseo Ranchero Road to 600 feet east of Apache Drive. The
improvements are now complete, and it is proposed to assess the cost of these
improvements to a portion of the EastLake development utilizing an acquisition
proceedings pursuant to the Municipal Improvement Act of 1913.
REC0tf4ENDATION: Adopt the resolutions and execute said agreement. Set the
time and date of the public hearing for May 12, 1992 at 6:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Tonight's action is the initiation of the proceedings for the formation of
Assessment District No. 91-1 (Telegraph Canyon Road - Ph. II). Through the
approval of these resolutions, the following will generally be accomplished:
1. The RESOLUTION MAKING FINDINGS ON THE PETITION accepts the property owner
petition requesting assessment district financing of the Telegraph Canyon
Road - Phase II public improvement.
I 4 -=1'
6XH/8/7 8
Page 2, Item_\ Y
Meeting Date 4/7/92
The RESOLUTION MAKING APPOINTMENTS AND APPROVING THE ACQUISITION/
FINANCING AGREEMENT is the formal appointment of the Director of Public
Works as Superintendent of Streets, makes other administrative
appointments, and approves the acquisition/financing agreement.
The RESOLUTION ADOPTING A HAP SHOWING THE PROPOSED BOUNDARIES is the
formal action establishing and approving boundaries of the proposed
assessment district. The boundary, as proposed, includes the southerly
portion of the EastLake Greens and the Olympic Training Center.
The RESOLUTION DECLARING INTENTION is the jurisdictional resolution under
"1913 Act" proceedings, declaring intent to finance improvements through
the issuance of bonds and declaring that the improvements are a benefit
to the property in the district. This resolution also 'directs the
Engineer-of-Work, Willdan Associates, to prepare a report on the plans,
specifications, cost estimate, assessment spread of the assessable costs,
and a description of the improvements. Further, it provides for the
issuance of bonds on the project.
The RESOLUTION PASSING ON THE "REPORT" AND SETTING THE PUBLIC HEARING is
the preliminary approval of the Engineer's "Report" as required in the
previous resolution, and sets the time, time, date, and place for the
public hearing.
The public improvements proposed to be financed through this acquisition
proceedings are nearly complete and include improvements to complete the full
six lanes of Telegraph Canyon Road within the project limits. The estimated
total amount proposed to be assessed to the land in the district is
S7,091,389.46 including S4,560,136.31 for construction of grading, storm
drains, curb, gutter, sidewalk, medians, paving, landscape and irrigation, and
other related construction, and S2,531,263.15 in incidental expenses such as
right-of-way, design engineering and plan check costs, inspection costs,
consultant fees, city administration costs, and bond reserve fund and discount
allowances. Telegraph Canyon Road is a component of the circulation element
street system ~or the Eastern Territories and as such, is also included in the
Eastern Territories Transportation Development Impact Fee (DIF) program. It is
proposed that the DIF amount, currently S3,060 per equivalent dwelling unit
(EDU), be utilized as the method of spreading the cost of Telegraph Canyon
Road - Phase II to the land within the assessment district boundaries. With
the bond issuance expenses added to the DIF amount, the assessment is
S3,700.76 per EDU.
2.
3.
4.
5.
It should be noted that the full cost of the Telegraph Canyon Road - Ph. II
project is not being assessed to the district. The EastLake Development Co.
has requested that only S5,863,572 of the total S11,128,046 DIF eligible costs
be assessed to land within their development. The remaining S5,264,473 will
be utilized by the EastLake Development Co. as a credit against DIF charges
for future development. By Resolutions 15893 and 13715, the City Council
authorized EastLake Development Company to receive DIF credit for construction
of Telegraph Canyon Road and Channel - Phase II. It is not proposed to
include any channel DIF costs in this assessment district.
/q ~~
EXI!IB/tB
Page 3. Itell ILi
Meeting Date 4/7/92
The next step in the assessment district proceedings is the public hearing.
Adoption of tonight's resolutions will set the public hearing for May 12,
1992, at which time the district may be formed and the assessments levied.
FISCAL IMPACT: The developer has advanced all City expenses related to the
proposed assessment district. In conformance with Council policy on developer
requested assessment districts, EastLake Development Co. will deposit the
origination charge of approximately $70,000 prior to the public hearing. The
actual amount will be based on the Final Engineer's Report.
DDS/AY075
WPC 5946E
(4" "
EXI/1I3fT 13
~~",.
r
ORDER OF PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 91-1
(TELEGRAPH CANYON ROAD, PHASE II)
DATE OF PUBLIC HEARING:
MAY 12, 1992
PUBLIC HEARING
FOR CONSIDERATION:
HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVEMENT
ACT OF 1913".
CITY COUNCIL:
Announce that this is the time and place fixed for the
public hearing on protests or objections to the
Resolution of Intention, Engineer's "Report" and all
other matters relating to ASSESSMENT DISTRICT NO. 91-1
(TELEGRAPH CANYON ROAD, PHASE II).
CITY CLERK:
Announce that notice of the Public Hearing has been given
in the manner and form as required by law and that a
certificate of Compliance is on file certifying that
notice was given in the following ways:
Posting all public streets within the District
Mailing notice to property owners within the District
Filing proposed boundary map in Office of County
Recorder
Publication of Notice of improvement
STAFF:
Explain purpose for Public Hearing.
Describe extent of works of improvement and boundaries
of Assessment District.
Present and summarize "Report".
Explain method and formula of assessment spread.
Make recommendation as to any modifications necessary
in the assessments or proceedings.
Report on number of protests (% of area) received and
announce that copies have been delivered to each
member of the legislative body.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
'l.{_/C
G xH/BIT C
-
ORDER OF PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO.
(TELEGRAPH CANYON ROAD,
PAGE TWO
DATE OF PUBLIC HEARING.
MAYOR:
STAFF.
CITY' COUNCIL.
MAYOR.
CITY COUNCIL.
CITY COUNCIL:
91-1
PHASE II)
MAY 12, 1992
ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
PROPERTY.
First, ask to hear from anyone who wishes to speak
against the improvement, the Assessment District, or the
method of spread.
!!!.!!!' ask to hear from anyone who wishes to speak in
favor of the proceedings.
Report on final percentage of protests (' of area)
received.
Presentation of any proposed changes or modifications to
the Engineer'S "Report" and the Assessment District.
Discussion.
Declare Public Hearing CLOSED.
IF THB LBGISLATIVB BODY WISHES TO PROCEED:
Adopt RESOLUTION CONFIRMING ASSESSMENTS.
ordering the improvements, confirming the
approving the final Engineer'S "Report".
Formal action
assessments and
Adopt RESOLUTION AUTHORIZING PUBLIC SALE OF BONDS: This
Resolution authorizes the Financial Consultant to receive
sealed bids for the sale of bonds.
* * *
14-H
E Mil BIT Co
RESOLUTION NO. 11ot..:t3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S
"REPORT" IN ASSESSMENT DISTRICT NO. 91-1 (TELEGRAPH CANYON
ROAD, PHASE II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has previously adopted its Resolution of Intention and
initiated proceedings for the installation of certain public works
of improvement, together with appurtenances and appurtenant work,
including acquisition where appropriate, in a special assessment
district pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 91-1
(TELEGRAPH CANYON ROAD, PHASE II) (hereinafter referred to as the
"Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a "Report",
as therein provided, was presented, considered and approved; and,
WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for by law and as pursuant to the
provisions of said "Municipal Improvement Act of 1913", including
the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
WHEREAS, all protests have been heard and considered, and a
full hearing has been given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly
posted, mailed and published in the time, form and manner required
by law and as evidenced by affidavits on file with the transcript of
these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for
the cost of the project did not file written protests against the
said proposed improvements and acquisition where appropriate, and
this legislative body did, after providing a full hearing, overrule
and deny all protests and objections; and,
WHEREAS, this legislative body is now satisfied with the assess-
ment and all matters contained in the "Report" as now updated and
submitted.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
IXif\-\
"I;"
RECITALS
SECTION 1.
That the above recitals are all true and correct.
PROTESTS
SECTION 2. That all protests and objections of every kind and
nature be, and the same hereby are, overruled and denied, and it is
further determined that said protests and objections are made by the
owners of less than one-half of the area of property to be assessed
for said improvements within said Assessment District.
BENEFITS RECEIVED
SECTION 3. That it is hereby determined that all properties
within the boundaries of the Assessment District receive a local and
direct benefit from the works of improvement as proposed for said
Assessment District, and it is hereby further determined and
declared that all assessable costs and expenses have been appor-
tioned and spread over the properties within the boundaries of the
Assessment District in direct proportion to the benefits received
thereby.
PUBLIC INTEREST AND CONVENIENCE
SECTION 4. That the public interest and convenience require
the proposed improvements to be made, and therefore it is hereby
ordered that the work to be done and improvements to be made,
together with appurtenances and appurtenant work in connection there-
with, including acquisition where appropriate, in said Assessment
District, as set forth in the Resolution of Intention previously
adopted and as set forth in the "Report" presented and considered,
and as now submitted.
ENGINEER'S "REPORT"
SECTION 5. That the "Report" of the Engineer, as now
submitted, updated and amended as appropriate, is hereby approved
and said "Report" shall stand as the "Report" for all future
proceedings for this Assessment District.
CONFIRMATION OF ASSESSMENT
SECTION 6. That the assessments, as now filed in the
Engineer'S "Report" and diagram for the improvements, together with
appurtenances and appurtenant work in connection therewith,
including acquisition where appropriate, are hereby confirmed.
The assessments contained in the final Engineer's
"Report" are hereby levied and approved as follows:
A. The final assessments to represent the costs
and expenses to finance the public works of improvement, as autho-
rized for these proceedings.
~ l\"J...
"
B. The annual assessment to pay for administrative
costs in an amount not to exceed the maximum annual assessment as
set forth in said "Report".
RECORDATION OF ASSESSMENT
SECTION 7. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together with the
diagram attached thereto and made a part thereof, as confirmed, with
his certificate of such confirmation attached and the date thereof;
and that said superintendent of Streets shall then immediately
record said diagram and assessment in his Office in a suitable book
to be kept for that purpose and attach thereto his certificate of
the date of such recording.
COUNTY RECORDER NOTICE
SECTION 8. upon confirmation of the assessments and recorda-
tion of the assessment roll and diagram, a certified copy of the
assessment diagram shall be immediately filed in the Office of the
County Recorder. Immediately thereafter, a copy of the notice of
assessment shall be recorded in the Office of the County Recorder in
the manner and form as set forth by law and specifically Section
3114 of the Streets and Highways Code of the State of California.
MAILED NOTICE
SECTION 9. That upon recordation of the diagram and assess-
ment, a notice shall be mailed to each owner of real property within
the Assessment District at his last known address, as said address
appears on the last equalized tax rolls of the County, said notice
to set forth a statement containing ,a designation of the property
assessed, as well as the amount of the final confirmed assessment,
and further indicating that bonds will be issued pursuant to the
"Improvement Bond Act of 1915".
PUBLICATION
SECTION 10. That notice shall also be given by publication in
the designated legal newspaper, said notice setting forth the amount
of the final assessment and indicating that said assessment is now
due and payable, and further indicating that if said assessment is
not paid within the allowed thirty (30) day cash collection period,
bonds shall be issued as authorized by law.
No publication shall be required if all (100%) of
the assessed property owners have timely filed a properly executed
waiver of the cash collection period.
ASSESSMENT COLLECTION
SECTION 11. The County Auditor is hereby authorized and
directed, in accordance with the provisions of Section 8682 of the
Streets and Highways Code of the State of California, to enter into
\'\f:\-3
his assessment roll on which property taxes will next become due,
opposite each lot or parcel of land affected, in a space marked
"public improvement assessment" or by other suitable designation,
the next and several installments of such assessment coming due
during the ensuing fiscal year covered by the assessment roll and
that said entry then shall be made each year during the life of the
bonds for the proceedings for the above-referenced Assessment
District. This authorization is continual until all assessment
obligations have been discharged and the bonds terminated.
As an alternate, and when determined to be in the
best interests for bondholders of the Assessment District, this
legislative body may, by Resolution, designate an official other
than the County Tax Collector and/or other agent, to collect and
maintain records of the collection of the assessments, including a
procedure other than the normal property tax collection procedure.
SECTION 12. In accordance with the provisions of Section 8685
of the Streets and Highways Code, if any lot or parcel of land
affected by any assessment is not separately assessed on the tax
roll so that the installment of the assessment to be collected can
be conveniently entered thereon, then the Auditor shall enter on the
roll a description of the lot or parcel affected, with the name of
the owners, if known, but otherwise the owners may be described as
"unknown owners", and extend the proper installment opposite the
same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 13. The County Auditor shall, within 90 days after any
special assessment installment becomes delinquent, render and submit
a detailed report showing the amounts. of the installments, interest,
penalties and percentages so collected, for the preceding term and
installment date, and from what property collected, and further
identify any properties which are delinquent and the amount and
length of time for said delinquency, and further set forth a state-
ment of percentages retained for the expenses of making such collec-
tions. This request is specifically made to the authorization of
Section 8683 of the Streets and Highways Code of the State of
California.
ASSESSMENT DISTRICT FUNDS
SECTION 14. The Treasurer is hereby authorized at this time,
if not previously done, to establish the following funds as neces-
sary for the payment of costs and expenses and administration of the
proceedings for this Assessment District:
A. IMPROVEMENT FUND, All monies received from
cash collection, proceeds from the sale of bonds and applicable
contributions shall be placed into the Improvement Fund.
assist
Reserve
B. RESERVE FUND, All monies as designated to
in the payment of delinquencies shall be placed into the
Fund.
\l\i\ .tt
'.
C. REDEMPTION FUND: All monies received from the
payment of assessments shall be placed in the Redemption Fund,
For particulars as to the administration and
handling of the Funds, the specific terms and conditions shall be
set forth in the Bond Indenture and approved through the Resolution
Authorizing the Issuance of Bonds.
John P. Lippitt
Public Works Director
ruce M, Boogaard
City Attorney
Presented by
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
tl.\ 1\ -5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
."
SSe
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 , 1992.
Executed this
day of
, 1992.
Beverly A. Authelet, City Clerk
\l\f\-lo
RESOLUTION NO. )101o7-.!f-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING CERTAIN ASSESSMENT DISTRICT BONDS TO BE SOLD
AT A PUBLIC SALE AND DIRECTING A CALL FOR SEALED BIDS IN
ASSESSMENT DISTRICT NO. 91-1 (TELEGRAPH CANYON ROAD,
PHASE II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has previously initiated proceedings pursuant to the
provisions of the "Municipal Improvement Act of 1913", being Divi-
sion 12 of the Streets and Highways Code of the State of California,
and declared its intention to issue bonds pursuant to the provisions
of the "Improvement Bond Act of 1915", being Division 10 of said
Code, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 91-1 (TELEGRAPH CANYON ROAD, PHASE II)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time this legislative body is desirous to
proceed to authorize that said bonds shall be sold on sealed
proposals to the highest bidder, all in the form as authorized by
law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this legislative body does hereby call for
sealed bids through a competitive sale for bonds to be issued to
represent unpaid assessments within the Assessment District, said
bonds to be issued in the form and ,provisions of the "Improvement
Bond Act of 1915", being Division 10 of the Streets and Highways
Code of the State of California.
SECTION 3. That the interest rate on said bonds shall not
exceed the current legal maximum interest rate of 12% per annum, and
said bonds shall be subject to all of the terms and provisions
relating to bonds as set forth in the "Improvement Bond Act of
1915", and further as set forth in the Resolution of Intention for
these proceedings.
SECTION 4. That the designated Financial Consultant, KADIE-
JENSEN, JOHNSON & BODNAR, is hereby directed and authorized to
proceed at this time to call for sealed bids and solicit proposals
for the sale of bonds to represent all unpaid assessments on
privately owned property within the boundaries of the Assessment
District.
SECTION 5. That there will be furnished the legal opJ.n:l.on of
BROWN, DIVEN & HENTSCHKE, Attorneys at Law, approving the validity
of the proceedings and the enforceability of said bonds.
\l\~ - \
SECTION 6. This legislative body does further specifically
covenant for the benefit of the bondholders to commence and prose-
cute to. completion foreclosure actions regarding delinquent install-
ments of the assessments in the manner, within the time limits and
pursuant to the terms and conditions as set forth in the Bond
Indenture to be submitted and approved.
Presented by
Approved as to
by
John P. Lippitt
Public Works Director
!A
Bruce M. Boogaard
City Attorney
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
\~a~;z...
MEMORANDUM
May 12, 1992
TO: City Manager
FROM:
Director of Public Works
!flY
SUBJECT: Question on Assessment District Item # 14
Councilman Moore asked a question concerning the lien ratio requirements for assessment
districts. He also asked about the maximum percent for all assessments and property taxes on
a residential property.
The maximum ratio of debt to appraised value of the property, per council policy, is 3 to 1.
Exhibit A (page 1) shows that the cumulative lien ratio for the properties is at least 3.09 to 1.
All the properties in the District meet that requirement.
Another policy of the council is that annual payments for all assessments and taxes on residential
properties will not exceed 2 % of the market price of the developed property. Page two of
exhibit A indicates that all the assessments fall within the 2 % limit. The highest limit is 1.76 %
while the lowest is 1.42 %.
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File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE Y'Y\>. r,t,) Ii Iqqd-
SUBJECT ()""<>Ort-Jl-.J JJvi~':'J qH (J&.~t'fl- ~ (L.\) -r~ I[;
LOCATION ~"^~
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX /; BY HAND ; BY MAIL
PUBLICATION DATE 1.../ III c\ I\; /qJ- - -
.
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
<...fh/Q2s
LOGGED IN AGENDA BOOK
COPIES TO:
Administration (4) ,/'
Planning ;/'
Originating Department
Engineering /
Others
City Clerk's Office (2)
v
tt/ Co (q 2..-
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
-58-
,
"
RO'l'ICB OP IMPROVEMBNT
RESOLUTION OF INTENTION AND REPORT
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
did, on the 7th day of April, 1992, adopt its Resolution of Intention, receive and
file a "Report" of the Engineer, and authorize a time and place for a public hearing
to form a special assessment district known and designated as ASSESSMENT DISTRICT
NO. 91-1 (TELEGRAPH CANYON ROAD, PHASE II) (hereinafter referred to as the "Assess-
ment District").
The "Report", as approved, consists of the plans, specifications, maps, descriptions
and estimate of the cost, and diagram and assessment, and for all particulars as to
these proceedings, reference is made to said "Report" as preliminarily approved, as
well as to the previously mentioned Resolution of Intention.
DESCRIPTION OF IMPROVEMENTS
The proposed works of improvement to be financed under these proceedings for this
Assessment District are described as the construction of certain street improve-
ments, together with appurtenances, in TELEGRAPH CANYON ROAD, to serve and benefit
properties within the boundaries of the Assessment District.
BOUNDARIES OF ASSESSMENT DISTRICT
All properties that benefit from the works of improvement shall be assessed to pay a
proportionate share of the costs and expenses of the improvements, together with
acquisition expenses. A map of the Assessment District identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-1 (TELEGRAPH CANYON ROAD, PHASE II)" has
been approved by the legislative body and for all particulars as to the boundaries,
reference is made to said map on file with the transcript of these proceedings. .
COST OF IMPROVEMENTS
The the cost of the facilities to be assessed to the property within the boundaries
of the Assessment District is estimated to be.
$7,091,389.46
The above figure includes all costs of the improvement, together with incidentals,
contingencies and financing costs.
PROCEEDINGS AND BONDS
.
,
said proceedings for this Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of
the state of California). Bonds shall be issued to represent unpaid assessments in
accordance with the "ImprOvement Bond Act of 1915", (Division 10 of said Code).
Following the confirmation of the assessments, a period of thirty (30) days will be
allowed to make payment of assessments in cash, and the unpaid balance will then
become payable in annual installments, with bonds issued to represent the unpaid
balance. The actual interest rate for the bonds shall be determined upon the sale
of said bonds.
I
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 12TH DAY OF MAY, 1992, AT THE HOUR OF 6.00
O'CLOCK P.M. OF SAID DAY, IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND
FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVE-
MENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF
THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID IMPROVE-
MENTS, OR ANY PORTION THEREOF; AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S
"REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, OR THE
GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT DISTRICT, OR
AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE COST AND EXPENSES THEREOF, OR
THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A
WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN.
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any documents, Resolutions or Certifi-
cates, attention is directed to the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
DATED.
y~
, 1992.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
.,,~
COUNCIL AGENDA STATEMENT
Item lEA
Meeting Date 5/12/92
SUBMITTED BY:
ORDINANCE ~'5 B OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA IMPOSING, AS AN INTERIM AND URGENCY
MEASURE, A MORATORIUM ON THE ISSUANCE OF ANY LAND
USE PERMITS, INCLUDING CONDmONAL USE PERMITS, FOR
A PERIOD OF 45 DAYS EXCEPT UPON CONSENT OF COUNCIL,
FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY
Director of Pln'tg ~
City Attorney\~W I,
City Manager ~ 'O~
(4/Sths Vote: Yes X No_)
ITEM TITLE:
REVIEWED BY:
The staff is in the process of preparing the City's Hazardous Waste Management Plan as and
element of the General Plan which allows the City to establish planning and siting criteria an
processing requirements for Hazardous Waste Facilities. The purpose of the interim moratorium
is to avoid the risk of having an applicant claim a right to a conditional use permit until the City
has properly adopted its planning, processing and siting criteria.
RECOMMENDATION: That Council enact the interim urgency ordinance imposing a
moratorium on the issuance of any zoning and related permits necessary for hazardous waste
facilities.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1986, the County of San Diego undertook preparation of the San Diego County Hazardous
Waste Management Plan (COHWMP) pursuant to passage of the Tanner Act (AB 2948), Health
& Safety Code Section 25100 et. seq. The COHWMP serves as the primary planning document
providing overall policy direction toward the effective management of hazardous waste within
the County through the year 2000, and is designed to protect public health, safety, and the
environment through establishment of various planning, siting, and processing requirements for
hazardous waste treatment, storage and disposal facilities.
On January 6, 1992, the City received notification from the County that the State had approved
the COHWMP. Within 180 days of receiving that notification, the City is required to take one
of three courses of action to adopt local hazardous waste management provisions consistent with
that plan. City staff is currently preparing the required local plan for City Council adoption
IS"A -/
prior to the close of that 180 days on July 6, 1992.
A key aspect of hazardous waste management plans required under the Tanner Act is the
establishment of planning and processing requirements and siting criteria which allow local
jurisdictions the ability to ensure hazardous waste facilities are properly sited and reviewed in
order to adequately protect public health, safety and welfare, and the environment.
While local plans must be consistent with the approved COHWMP, the City may establish more
stringent planning requirements or siting criteria than those specified in the COHWMP. Careful
review and consideration of these requirements and criteria is essential to developing appropriate
local controls.
Prior to local adoption of a hazardous waste plan, it is possible that an applicant could claim a
right to a conditional use permit absent the regulatory provisions provided the City under the
Tanner Act. In order to preclude this possibility, it is requested that an interim moratorium be
established while staff prepares a comprehensive hazardous waste plan for Council consideration.
FISCAL IMPACT: None.
(HWMP.A113)
/5A ~2.
From the Office of the City Attorney
City of Chula vista
Memorandum
D~
Date:
May 12, 1992
From:
Bruce M. Boogaard, City Attorney
Honorable Mayor and Councilmembers
To:
Re:
Hazardous Waste Management Moratorium
Item 15, May 12, 1992 Council Agenda
Our on going stugy of the Tanner Act, regulating Hazardous Waste
Management Facilities, and the local permitting process related
thereto, su e.sts that we ma be disadvanta ed without our own
cit H ar ous Waste M na en an ~ lace at the Ime an [/
\ application ~ iled, not at the time the Permit is issued~ ner
Accordinqly, the attached amend morato~ium restricts not OnlY'>
~e issuance of permits, u the right to apply during t~e
pendenc the moratorium except with the permission of the
ouncil, and imposes the con ~ on on the filing of application
the mandatory condition that they agree to comply, retroactively,
with our City's Hazardous Waste Management Plan, and the siting
criteria therein established, once it gets approved.
It is thi~Office's strong recomme at' n that the Amended
Moratorium_~dO~ea-~n ~eu of the original morator~um in the
- coiiricTlagenda package-:------ ----~--------____,
151J~ ~
()t~
Item No. 15
l,rs
'" J. ORDIN-llliCE NO.
1)-
(f(\rt ~ -llli ORDINANCE OF THE CITY fOUNCIL OF THE CITY
OF CHULA VISTA IMPOSING,,~S AN INTERIM AND
URGENCY JoIEASURY A MQRATORIUM ON THE ISSUANCE
-OF ANY LAND US PERMITS, INCLUDING CONDITION-
AL USE PERMITS, FOR A PERIOD OF 1~ p~~
.EXCEPt' UPQ~ CONSENl' 01" COUNCIL, FOR USE OF
LAND AS A HAZARDOUS WASTE FACILITY.
Proposed Moratorium
'-f'~ "",., IJtIlI.
~IIS
Marked to Show Revisions in
WHEREAS, the County of San Diego ("County") notified the
City of the State's certification of the County Hazardous Waste
Management Plan on January 6, 1992 pursuant to the Tanner Act,
Health & Safety Code S 25100 et seq., which provides important
siting criteria and planning requirements for hazardous waste
management; and,
WHEREAS, the Tanner Act, Health & Safety Code S 25135.7,
requires the City either (1) adopt our own Hazardous Waste
Management Plan, (2) incorporate the County's Hazardous Waste
Management Plan into the City's General Plan with any additional
and more stringent planning criteria required by the City, or (3)
enact an ordinance which reqyires that all applicable zoning,
subdivision, conditional use permit and variance decisions are
consistent with the criteria of the County's Hazardous Waste
Management Plan, one of which is required to be done no later
than 180 days after notification of approval of the County's
Plan, or approximately July 6, 1992; and,
WHEREAS, the city is currently evaluating the County's
Hazardous Waste Management Plan and is developing its own
requirements and siting criteria critical to the proper siting
and operation of hazardous waste facilities operating or
expanding, or which are proposed to operate or expand, within the
City. These requirements and siting criteria are important to
maintaining and protecting the health and safety of the City's
residents; and,
WHEREAS, there exists within Chula vista a current operator
("Operator") of a hazardous waste facility ("Facility") that was
recently issued a permit by the State Department of Health
Services ("DHS Permit") to significantly expand same, despite the
fact that said Facility is within 2,057 feet of a residential
community; and,
WHEREAS, althou~h the city believes that said Permit was
aptech9.wp
May 12, 1992
First Moratorium, Hazardous Waste Facility, Amended
Page 1
158-1
improperly granted, and is appealing same to the state DHS, there
is the risk that said operator will request a conditional use
permit during the effective period of this moratorium to
accommodate its planned expansion of said Facility; and,
WHEREAS, in the absence of having the appropriate city Haz-
ardous Waste Management Plan, there is the risk that said opera-
tor will claim entitlement to a CUP under the authority of exist-
ing rules and regulations, without having the benefit of the
.planning, processing and siting criteria that will be established
under the City's prospective Hazardous Waste Management Plan, and
if such claim were to be honored by a Court, there would be a
significant threat to the health, safety and welfare of the City
residents immediately adjacent thereto; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. There is hereby established an interim morator-
ium, for the term herein specified, on the application for. or
issuance of any zoning, rezoning, land use permits, conditional
use permits, variances, and building permits lcollectivelv
"Permits") for facilities handling, transferring, storing,
treating or disposing of hazardous wastes (as defined under
Federal and State Law) in the City of Chula vista, except that an
application for such Permits. not the issuance of Permits. mav be
allowed upon application to and approval by the city council, on
a showing of hardship, and then onlv bv written resolution of the
citv Council permittina such application and on such conditions
as the city Council shall deem just. Nothina herein shall be
construed to allow the issuance of Permits durina the pendencv of
this moratorium.
In the event that the citv Council arants permission to file
an application for Permits durina the pendencv of this morator-
ium. it shall impose as a minimum condition of said permission.
amonasuch other conditions it deems appropriate. Ne~hiR~ hereiR
shall pFeel~ae the applieatisR fer 6~eh permits, hut all e~eh
permi~s that if anv Permit is eventuallv aranted. the permittee
shall complv with. and the citv shall have the riaht to impose on
such Permit retroactivelv all criteria. includina sitina
criteria. established in the, if eveR~~ally issuea, shall Be
ies~ea eft the sasia af eriteria aRa pHrsaaRt te 6~eft preeedares
whieh ~ill Be es~aBlishea iR the city's Hazardous Waste
Management Plan without cost to the citv.
SECTION 2. That said moratorium shall remain in a~ffect for
a period of forty-five (45) days after the adoption of this Ordi-
nance, unless otherwise subsequently extended by ordinance.
aptech9.wp
May 12, 1992
First Moratorium, Hazardous Waste Facility, Amended
Page 2
15~ .. J,.
SECTION 3. The City Planning Commission and City staff are
hereby directed to continue their preparation of a City Hazardous
Waste Management Plan establishing therein planning and process-
ing requirements and siting criteria for hazardous waste facili-
ties appropriate for the City of Chula vista.
SECTION 4. The Staff is hereby directed to prepare, on
behalf of the City Council, a written report describing the
measures taken to alleviate the condition which has led to the
adoption of this ordinance, and to file same in the Office of the
city Clerk ten days prior to the expiration hereof.
SECTION 5. That this ordinance affects public safety,
health and welfare of the City of Chula vista and its inhabitants
and therefore shall take full force and effect immediately upon
final passage and adoption thereof. The facts establishing an
emergency are as stated in the recitals to this ordinance, and
that implementation of a Hazardous Waste Management Plan is
necessary to supplement existing regulation of hazardous waste
facilities and that without such a Plan, the health, safety and
welfare of the City's residents would be compromised because the
city may be deprived of the authority to site, plan and estab-
lish~ processing requirements for Hazardous Waste Facilities,
and without same, Hazardous Waste Facilities may be sited in any
industrial zone and without adequate separation from residential
communities.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance by a vote of at least four-fifths of
the City Council of the City of Chula vista pursuant to Charter
section 311(d); shall cause the same to be entered in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the city Council of said city in the minutes of the meeting at
which time the same is passed and adopted; and shall, within
fifteen (15) days after the passage and adoption thereof, cause
the same to be published in the Chula vista Star, a newspaper of
general circulation, published and circulated in said city and
which is hereby designated for that purpose.
;bl
Bruce M. Boo
City Attorn
Submitted by:
Robert Leiter,
Planning Director
aptech9.wp
May 12, 1992
First Moratorium, Hazardous Waste Facility, Amended
Page 3
158-.J
COUNCIL AGENDA STATEMENT
Item --1.1.t-
Meeting Date 05/12192
ITEM TITLE: Resolution: /1.(.,13 Approving an Agreement between the City of Chula
Vista and Mr. Mario Torero for the Chula Vista Mural Program - Phase I
SUBMTITED BY: Director of Parks & Recreation~
REVIEWED BY: City Manager-.JGl ~~ (4/5th Vote: Yes_No X)
On May 5, 1992, staff submitted to the Council, for approval, an Agreement between the City and
an artist selected for the City's Mural Program. After discussion of the parameters of the Mural
Program and the work program for the Artist, Council directed staff to alter the Agreement to
include certain conditions of acceptance of the Artist's work, and the remuneration therefor. This
report describes the changes in the Agreement.
RECOMMENDATION: That Council approve the Resolution and authorize the Mayor to execute
the Agreement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Attached for Council's information is the agenda report on the City's Mural Program
from the May 5, 1992 meeting. Based on Council's direction, the City Attorney has revised the
Agreement to include, but not be limited to, the following:
1. Included in the Artist's Scope of Work shall be recommendation of at least six mural site
locations that meet the advanced written criteria of the Police and Parks and Recreation
Departments; the Cultural Arts Commission (CAC) and the City Council.
2. Should the recommended sites not be approved by the City Council, all further rights and
duties contained in the agreement shall be deemed terminated without breach.
3. Prior to submittal of recommended sites to the City Council, the Artist shall submit
renderings which are unique and not substantially duplicative of other sites.
4. The Artist shall solicit from the community, comments and recommendations on the initial
site design and shall make such changes as deemed appropriate to reflect the community
input; followed by review and comment by the Director and the CAC, and a presentation to
the City Council. The City Council shall have the authority to approve or reject the design
of the mural and/or make recommendations for changes. If the changes are acceptable to the
Artist, the Agreement shall continue; otherwise, the Agreement is terminated without breach.
[murlrpt2] 1
)1:. ..\
-1'1
Item J.o
Meeting Date 05/1'lDl
The Agreement also contains additional changes regarding the Artist's work completion time frames
and the specific amount of compensation rendered to the Artist, based on the approval and/or
rejection of a mural.
FISCAL IMPACf: $15,500 has been previously appropriated for the project from the Community
Development Block Grant Program. There is no additional fIScal impact to the City or the General
Fund in FY 91192.
Attachment - Council Agenda Statement of May 5, 1992
[mudrpt2]
2
JI".2.
RESOLUTION NO. \!.olo \ 7-
r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MR. MARIO TORERO FOR
THE CHULA VISTA MURAL PROGRAM - PHASE I, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, in November of 1988, City Council requested
staff investigate the possibility of developing a program which
would use murals to replace graffiti in certain areas of the City,
due to an increase in graffiti vandalism; and
WHEREAS, since that time, funding has been received, an
artist selected and staff is prepared to proceed with the anti-
graffiti mural program; and
WHEREAS, on January 14, 1992, the Cultural Arts
commission voted unanimously to support the Mural Program, and to
support the selection of the muralist as recommended by a citizen
selection committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an Agreement between
the City of Chula vista and Mr. Mario Torero for the Chula vista
Mural Program - Phase I, 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.
as tq orm by
Presented by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M.
Attorney
C:\rs\torero
1l4> - J
j
.
Item 16, May 12 Council Agenda
Proposed Revisions are Marked to Show Changes
AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND KARIO TORERO FOR TWO KURALS
THIS AGREEMENT, made and entered into this May 4, 1992, by and
between the City of Chula Vista, hereinafter referred to as "City"
and, KARIO TORERO 'hereinafter referred to as the "Artist."
WITNESSETH:
WHEREAS, the City of Chula Vista, with the advice of the Chula
vista Cultural Arts Commission is desirous of obtaining at least
two original mural painting, and the option to obtain more as
funding permits, which will be visual representations of the
diversity and history of the City of Chula Vista and the purposes
of which are to prevent the proliferation of graffiti and promote
the cultural awareness of the City's residents; and
WHEREAS, city's DIRECTOR of Parks and Recreation (hereafter
Director) obtained CDBG grant funds in the amount of $15,500 for
this purpose.
WHEREAS, city has completed the Request for Qualification
process which has resulted in selection by Director, with the
advise of Cultural Arts commission, (hereafter CAC) of Artist and,
WHEREAS, KARIO TORERO is an artist with special experience and
qualifications to design and execute said mural paintings.
NOW, THEREFORE, for and in consideration of the mutual
promises, covenants and conditions herein contained, the parties
hereto agree as follows:
1. SCOPE OF WORK
a. The Artist shall, according to the procedures herein
established, design and create 2 original mural paintings
(hereinafter referred to as "the Work") for the City of Chula
Vista, and, at the option of the City ("option"), to be exercised
by the City Manager in writing and upon his discretion, and upon a
finding by the City Manager that sufficient funds are available and
appropriated for such purpose, Artist shall design and create at
least 5 additional mural paintings ("Option Work") of the size,
complexity and quality of the largest and most complex of the two
paintings which are the subject matter of the Work, on the same
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Mural Agreement
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terms and conditions herein set forth for the Work, except that,
upon exercise of the Option by the City, the price for each shall
be $7,250. Nothing herein shall preclude, until one or the other
declares an impasse, from negotiating a different price or
different piece of Option Work; however, upon declaration of
impasse, the Artist shall perform the Option Work if and to the
extent the option is exercised by City. Where "Work" is herein
referred to, it shall also refer to the "Option Work" if, and to
the extent the Option is exercised.
b. site Recommendation Dutv. The Artist shall recommend at
least six mural site locations ("site Recommendation Duty") that
are within CDBG eligible areas that meet the advanced written
criteria of the Police Department and Parks and Recreation
Department which shall be based, in part, on areas of high graffiti
incidents and that are then approved by and in the sole discretion
of the Park and Recreation Department, the Cultural Arts Commission
and the city Council. Upon approval of one or two sites by the
city Council, the parties shall perform the following duties as to
the approved site or sites. Upon rejection of all sites by the
city Council, all further rights and duties herein contained shall
be deemed terminated without breach.
i. Compensation. Artist shall be paid $1,550 for
performing the entire site Recommendation Duty.
c. Desian preoaration Dutv.
i. The Artist shall, for each approved site, prepare a
rendering ("Initial site specific Design") of a mural
which shall meet the following criteria:
(1)
The Work shall be unique for the chosen sites,
shall not be substantially duplicated for or
from any other site.
ii. The
Artist's
input.
Artist shall hold public meetings to review
suggested mural renderings and seek public
The Artist shall be responsible for conducting
all research including meeting with the
community of Chula Vista; assembling all
photographic documentary materials; initialing
and completing the design of the mural
painting; and the actual production and
completion of the mural painting.
iii. The Artist shall solicit from the community in
which the mural will be painted comments and
recommendations on the Initial site Specific Design.
(1)
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Mural Agreement
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iv. The Artist will make such changes and amendments to
the Initial site Specific Design as he deems appropriate
to reflect the community input, and shall then make a
visual presentation to the Director and the CAC
specifying the design of the Work ("Post community Input
Design"), within ninety (90) days of the execution of
this agreement. Said presentation shall include:
(1)
(2)
(3)
Photographs, drawings, models, or designs of
proposed art work.
Materials and colors.
site plan, to include photographs of site and
neighborhood, drawings of the site with
project to scale.
Date and duration of mural application
schedule providing mural application schedule.
Proof of insurance sufficient to meet the
requirements of the City's Risk Manager.
Cleaning and security deposit to guarantee
restoration of site to original condition, if
applicable.
Building permit, if necessary.
(4)
(5)
(6)
(7)
v. The Artist shall make such changes and amendments to
the Post Community Input Design as he feels appropriate
to reflect the input of the Director and the CAC. Such
changed design shall herein be referred to as the "Post
CAC Design"). After review and comment by the Director
and the CAC on the Post CAC Design, the Artist shall make
a visual presentation to the City Council of the Post CAC
Design, which shall be accompanied by the comments of the
Director and the CAC. Said presentation shall include
the same elements and aspects as the presentation of the
Post Community Design presentation to the CAC.
(1) Compensation. Artist shall be paid $1,550 per
Post CAC Design presented to the City Council for
performing the entire Design Preparation Duty for
each approved site.
vi. The City Council shall have the authority to approve
or reject the Post CAC Design, and may make recommenda-
tions for changes thereto. If the changes are acceptable
to the Artist, the remaining obligations of this agree-
ment shall continue, otherwise, they shall be terminated
without breach.
Mural Agreement
Page 3
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d. Mural Application Dutv.
i. Compensation Upon Commencement of Mural Application.
For each Mural for which the Artist commences application to a
Council Approved Site, the city shall compensate the Artist $3,875.
J.J.. Artist shall be prepared to proceed immediately with
application of the WORK in accordance with the design or designs
and at the sites approved by the City Council, following City
Council approval of the final design ("council Approved Design").
J.J.J.. The Artist shall also design and execute
sponsorship credits to be publicly displayed and identified with
the Work in a form, size and configuration which is subject to the
approval of the DIRECTOR with advice from the CAC. Said signature
shall include the Artist's name, the title of the Work, date of
installation, and sources of financial support for the project.
iv. The Artist shall recruit youth in the neighborhood
to assist the Artist in the application of the mural to the Council
Approved site.
v. The Artist shall submit to the DIRECTOR a recommended
anti-graffiti coating product that will protect the murals. Upon
DIRECTOR approval Artist shall apply product following the
manufacturer guidelines.
e. Time to Complete.
i. The Artist agrees to complete the Work, or such
portion thereof which for which a design has been approved by the
city Council within six months from the date of execution of this
Agreement, and the option Work within six months from the date of
exercise of the Option for each additional mural which is the
subject matter of the exercise of option, in accordance with the
schedule for completion.
ii. Force Ma;uere. If the Artist is delayed at any time
in the progress of the Work by any act or neglect of the City,
incomplete building modifications to the site, or by labor
disputes, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable causes, or any
causes beyond the Artist's control or any cause which the City
determines justifies the delay, then the completion date will be
extended by DIRECTOR by written notice for such reasonable time as
the parties may determine.
J.J.J.. Extensions for Desian Ad;ustments. The Artist will
be given a reasonable amount of time not to exceed two months to
meet any modifications of the design, if necessary.
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iv. Delav Caused bv Artist. If the progress of the Work
is delayed by any fault, neglect, act or failure of the Artist, or
by any of his/her employees, or by any separate contractor or
subcontractor employed by the Artist, then the Artist shall, at
his/her own expense, work such overtime or take whatever action as
may be required to make up for time lost and to avoid delay in
completing the Work within the agreed upon time.
v. Oualitv of Finished Product. The Artist warrants
that the Work will be free of defects in workmanship or materials,
including inherent vice, and that the Artist will, at the Artist's
own expense, remedy any defects due to faulty workmanship or
materials, and will perform maintenance substantially in excess of
the routine maintenance described in the recommendations provided
by the Artist to the City without further compensation. If the
Work should deteriorate because of an inherent vice between one and
three years from the date the Work is finally accepted by the city,
the Artist will promptly repair or replace the Work for the cost of
materials and supplies. "Inherent vice" refers to a quality within
the material or materials which comprise the Work which, either
alone or in combination, results in the tendency of the Work to
destroy itself. All risk of destruction, or damage to, the Work or
any part thereof from any cause whatsoever shall be borne by the
Artist until delivery, installation and written acceptance of the
Work by the city. The Artist, at his/her expense, shall rebuild,
repair, restore, and make good all such damage to any portion of
the Work.
vi. Comoensation Uoon Comoletion of Mural Aoolication.
For each Mural for which the Artist completes an application to a
Council Approved site in a manner consistent with this agreement
and which constitutes a true and accurate depiction of the Council
Approved Design, as determined in the discretion of Director with
the advice of the CAC, the City shall compensate the Artist $1,550
per mural.
3. Manner of PaYment.
Following completion of each phase for which the Artist is
entitled to compensation as herein designated, the Artist shall
submit an invoice directed to the attention of the Parks and
Recreation Department, 276 Fourth Avenue, Chula Vista, California
91910.
4. RIGHT. TITLE AND INTEREST TO THE WORK
The City shall have the right to graphically reproduce the art
produced by the Artist solely for the purposes of publicity or
exhibition and without comoensation to the Artist, provided that
such reproduction is credited to the Artist per the California Art
Preservation Act Copyright Law.
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May 11, 1992
Mural Agreement
Page 5
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The Artist shall not make any public information release in
connection with services performed under this Agreement without the
prior written permission of the city.
The Artist, as part of the CONTRACT, and without additional
compensationL may be required by the City to discuss the project
with the general public and/or press/media representatives in
special meetings scheduled for this purpose.
Upon final payment to the Artist, all right, title and
interest to the Work shall become vested in the city of Chula vista
el!eep~ ae epeeifiea Rel!'eift. The Artist will retain all right,
title and interest to any designs which are rejected by the city,
as well as any incidental designs resulting from the Work.
The Artist reserves to him/herself all copyrights in the Work,
the preliminary design, and any incidental works made in the
creation of the Work.
5. INDEMNITY AND INSURANCE
Artist shall defend, indemnify and hold harmless the City, its
elected and appointed officers, and employees from and against all
claims for demands, liability, cost and expense (including without
limitation attorney's fees), arising out of the conduct of the
Artist, or any agent 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. Artist'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,
Artist at his own expense shall, upon written request by the city,
defend any such suit or action brought against the City, its
officers, agents, or employee. Artist's indemnification of City
shall not be limited by any prior or subsequent declaration by the
Artist.
Artist represents that he and his agents, staff and sub-
consultants employed by it, in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
statutory Worker's Compensation Insurance and Employer'S
Liability Insurance coverage in the amount of
$1,000,000.00.
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Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount of
$1,000,000.00, combined single limit applied separately
to each project away from premises owned or rented by
Consultant, which names City and Applicant 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 and Applicant
in the same manner as members of the general public
("Cross-liability Coverage).
Artist shall demonstrate proof of coverage herein
required, prior to the commencement of services required
under the Agreement, by delivery of certificates of
Insurance demonstrating same, and further indicating that
the policies may not be canceled without at least thirty
(30) days written notice to the Additional Insured. City
has other valid and collectible insurance for a loss
covered by this policy, that other insurance shall be
excess only." Said policy or policies shall provide that
City shall be given thirty (30) days written notice to
the Additional Insured.
In order to demonstrate the Additional Insured, Covered,
Primary Coverage and Cross-liability Coverage required
under Artist I s Commercial General Liability Insurance
POlicy, demonstrating same, which shall be reviewed and
approved by the Risk Manager.
The Artist shall be responsible for all Federal and state
income taxes on the amount of this CONTRACT, as well as
any state sales tax which might be required. The Artist
agrees that no charges or claim for damages shall be made
by him for any delays or hindrances beyond the control of
the City during the progress of any portion of the
services specified in this CONTRACT. Such delays or
hindrances, if any, shall be compensated by an extension
of time for such reasonable period as may be mutually
agreed between parties. It is understood, however, that
permitting the Artist to proceed to complete any
services, or any part of them, after the date to which
the time of completion may have been extended, shall in
no way act as a waiver on the part of the city or any of
its legal rights herein.
6. ALTERATIONS. REPAIRS. RESTORATIONS OR TRANSFER OF OWNERSHIP-
WAIVER OF ATTRIBUTION AND INTEGRITY RIGHTS
If the City determines to make repairs or restoration to the
murals, it mav do so without notice to. or consent or approval
from. the Artist. Additionallv. at the citv's option. the Artist,
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Mey 11. 1992
Mural Agreement
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if reasonably available, shall ~ be informed and uoon reauest bv
the city. the Artist shall orovide consultation eeRsal~ea in regard
to all repairs and restoration of the Work subsequent to its
installation, without additional charge to the City except as may
be consented to by the City. The Artist shall may. at the ootion
of the city. be allowed to recommend restorative techniques and
materials, and shall mav. at the ootion of the city. be given the
opportunity to submit proposals for any such repairs and
restoration for an appropriate fee.
Artist hereby acknowledges that the Work (the two mural
paintings) and any Ootion Work commissioned bv the city will be
applied to the exterior walls of building/structure and therefor
its installation will subject the Work to destruction, mutilation
or other modification by reason of removal. Furthermore. the Work
and any ootion Work commissioned bv the city mav be destroyed.
mutilated or otherwise modified as a result of the chanae of mind
or will of the city Council. The Artist recoanizes that Artist
mav. in the absence of aareement to the contrarv. have certain
riahts arisina from laws. includina but not limited to the
"California Art Preservation Act" (Civil Code section 987. et sea. )
or the "Visual Artists Riahts Act of 1990" (17 U.S.C. section 10l.
et sea.) ("Laws"). Those Laws reauire that a waiver of their
orovisions be exoressl v made in wri tina. Beina full v informed. the
Artist. on his own behalf. and on behalf of his or her aaents.
heirs. successors and assians. hereby waive any and all riahts
Artist may have under the orovisions of the "Califonria Art
Preservation Act" (Civil Code section 987 et sea.) or the "Visual
Artists' Riahts Act of 1990") (17 U.S.C. section 101 et sea.) or
other Laws. The Artist. Artist's aaents. heris. successors and
assians further aaree not to attemot to defeat this waiver bv
coooeratina. encouraaina or assistina any oraanization which seeks
to brina an action under these Acts. ^r~is~ hereby WAIVES, aRa/sr
ACKUOWLEDCEE: 'khe BeR euiet.eftee ef, t.l=.Le RifJftt.a af At.t.ris\:lt.ieft ana
IR~e!ri~y previaea BY 17 YSS see~ieR 1es ^ (a) (2) aRa (3). Artist
understands that neither City nor the owner of the property to
which the murals are applied have any obligation to notify Artist
of intention to remove, and Artist does not have the right to
remove the work or pay for its removal within 90 days of notice.
7. CONTRACT ADMINISTRATOR-DIRECTOR/CITY TORERO/Artist
The City's Contract Administrator shall be the Director of
Parks and Recreation who is authorized by said party to represent
them in routine administration of this agreement. Any required
notices shall be sent to the City'S Contract Administrator with the
following address:
Director of Parks and Recreation
276 Fourth Ave.
Chula vista, CA 91910
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Mey 11, 1992 Pege 8
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Artist's Contract Administrator shall be MARIO TORERO to whom
any required notices shall be sent at the following address:
Mario Torero
4212 Florida street
San Diego, CA 92104
8. GOVERNING LAW
Unless agreed otherwise in writing by the parties, the terms
and provisions of this Agreement shall be governed by the laws of
the State of California.
9. NON-DISCRIMINATION
Artist agrees to comply with the requirements of non-discrimi-
nation and equal opportunity laws which provide that no person
will, on the basis of sex, age, religion, race, color, national
origin, or handicap, be excluded from participation in, be denied
benefits of, or be subject to discrimination under any part of the
execution and fulfillment of this Agreement.
10. TERMINATION
Either party may terminate this Agreement for cause if the
other party fails to perform any material obligation hereunder. In
addi tion to any damages due to city in the event of Artist I s
breach, if the Artist abandons the Work, defaults on any material
term of this agreement or otherwise causes it to be terminated
without cause prior to final acceptance of the Work, the Artist
shall not be owed or paid any further compensation by the city.
11. ENTIRE AGREEMENT
This Agreement represents the entire Agreement of the parties
and may not be amended unless agreed to in writing and certified by
the signatures of the parties hereunder. This Agreement may be
extended to include additional murals upon a mutual agreement by
the Artist and the City, and all terms and conditions of this
Agreement would be in effect, unless otherwise amended.
(End of Page. Next Page is Signature Page.)
IIIJrBl3.wp Mural Agreement
May 11, 1992 Poge 9
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Signature Page to
AGREEMENT BETWEEN THE CXTY OF
CHULA VXSTA AND MARXO TORERO FOR TWO MURALS ,
Now therefore, the parties hereto, having read and understood
the terms and conditions of this agreement, do hereby express their
consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: May 11, 1992
City of Chula vista
by:
Tim Nader, its Mayor
Attest:
(Execution Authorized by Reso. No. ____>
Beverly Authelet
City Clerk
Approved as to Form:
Bruce M. Boogaard
City Attorney
Dated: May 11, 1992
by:
Mario Torrero, Artist
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Mur.l Agreement
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COUNCIL AGENDA STATEMENT
I
Item
Meeting pate 05105/92
SUBMll HID BY:
Resolution: Approving an Agreement between the City of Chula
Vista and Mr. Mario Torero for the ChuIa Vista Mural Program - Phase I
Director of Parks & Recreatioi)"
ITEM nnE:
REVIEWED BY:
City Manager
(4/5th Vote: Yes_No X)
In November of 1988, City Council requested staff investigate the possibility of developing a program
which would use murals to replace graffiti in certain areas of the City, due to an increase in graffiti
vandalism. Since that time, funding has been received, an artist selected, and staff is prepared to
proceed with the anti-graffiti mural program. This report provides Council with an overview of how
this program wiIl proceed in the next several months.
RECOMMENDATION: That Council approve the Resolution and authorize the Mayor to execute
the Agreement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: On January 14, 1992, the Cultural Arts
Commission met in a regular meeting and discussed the Mural Program. The Commission voted
unanimously to support the Mural Program, and to support the selection of the muralist as
recommended by a citizen selection committee.
DISCUSSION: On May 4, 1990, the Department informed the Council that funds were being
requested from the FY 90191 Community Development Block Grant (CDBG) Program to pay for a
mural program. This request was in response to Council's interest in developing a program which
would use murals to replace graffiti in Community Development Block Grant eligIble areas of the
City. Through the CDBG funding review process, the Commission on Aging supported the murals
concept, and recommended funding the program through CDBG monies (Attachment "A").
The Department received a CDBG aIlocation of $15,500 for the murals program. These funds wiIl
be utilized to hire a professional muralist and purchase art supplies for two murals. The muralist wiIl
serve as a mentor to junior and senior high school artists. Students will be recruited from areas
where the program is targeted.
A Request For Qualification (RFQ) was sent out soliciting artist submittals for this project. A special
ad-hoc committee of the Cultural Arts Commission worked with staff to set up the criteria for
applications and qualifications for the desired muralist (Attachment "B").
Three potential candidates responded to the RFQ. An independent community review panel was
then formed to review the RFQ's and conduct an oral interview with each artist. The panel was
comprised of a local artist, a member of the Chula Vista Art Guild and two area businessmen who
sit on the Otay Committee.
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Item
Meeting Date OS.oUSI92
.
Based on the materials submitted, and the artists' presentations, the selection committee (with the
assistance of staff) recommended to the Cultural Arts Commission that Mr. Mario Torero be
commissioned to provide the necessary art work for the proposed two murals. The Cultural Arts
Commission reviewed the recommendation on January 14,1992, and voted unanimously to support
the selection committees recommendation (Attachment "C').
The City and the Artist will enter into an Agreement (Attachment "D") specifying the Artist must
comply with the following criteria for the mural development process:
1. The Artist' shall recommend mural site locations that are within the
CDBG eligible areas that are approved by the Police Department, Park and
Recreation Department, and the Cultural Arts Commission.
2. Compilation of photographs, drawings, models, or designs of proposed art work.
3. Development of all material and colors.
4. Site plan to include photographs of the site and the surrounding neighborhood;
drawings of the site to be at project scale.
5. Establishment of a work plan to include time frame for project planning.
6. Identifying a date and duration of installation, providing an installation schedule.
7. Adherence to budget.
8. Verification of insurance sufficient to meet the requirements of City's Risk Manager.
9. Cleaning and security deposit to guarantee restoration of the site to its original
condition, if applicable.
10. Adherence to encroachment permits, if applicable.
11. Compliance to recommended anti-graffiti coating.
The Agreement between the City and the Artist also includes notification and presentations to the
communities in which the murals will occur. This will include the Artist's conceptual drawings, and
the opportunity for the community to provide input into the art that will appear in their
neighborhood. After the first conceptual drawings, the Artist will return to the community with final
drawings that will include their suggestions. The Artist will be required to complete the project
within six months of the execution of the Agreement. The Agreement will also provide for an Option
to extend the Artist's Agreement for additional murals if funding becomes available, and the project
performance is acceptable to all parties. When all these conditions are met, staff will return to the
City Council for consideration of an extension to the Artist's Agreement.
Following the community meetings, the Artist will provide a presentation to the Cultural Arts
Commission which will include the final drawings. Upon approval by the Cultural Arts Commission,
a report will be submitted to the City Council with recommendations for implementation of the
project.
The selected artist, Mario Acevedo Torero, is a San Diego resident with a long history of successful
mural projects not only in California, but across the country. His major mural projects include several
in the downtown San Diego area, as well as mural projects in Texas, Minnesota and Oregon. He has
I_I
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Item
Meeting Date OS,u5192
received numerous grants and awards, and has done extensive work in areas prone to extreme graffiti
in the San Diego area. Attached to_this report are visual examples of Mr. Torero's work in San
Diego. Mr. Torero comPleted a-mural project -at OtayEIementary School a number of years ago,
which is still in existence at the school site. He is currently serving as a commissioner on the City of
San Diego's Commission of Arts and Culture, and has teaching experience with the San Diego City
Schools, San Diego City College, and San Diego State University. Mr. Torero has also been
commissioned to paint murals in Holland and Japan. .
FISCAL IMPACT: $15,500 has been previously appropriated for the project from the Community
Development Block Grant Program. There is no additional fiscal impact to the City or the General
Fund in FY 91192.
Attachment "A"
Attachment "B"
Attachment "C'
Attachment "D"
Commission on Aging minutes
Request for Qualification (examples of Artist's work)
Cultural Arts Commission minutes
Agreement between City and Artist
(_I
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Attachment A
MINUTES
OF THE REGULAR MEETING OF THE
COMMISSION ON AGING
.
April 11, 1990
3:00 P. M.
Parks and Recreation
Conference Room
************************
CALL MEETING TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SILENT PRAYER
MEMBERS PRESENT:
Chair Helton, Commissioners Dennison, Grindle,
Gilstrap, Hagedorn, stokes, Scrivener
1. APPROVAL OF MINUTES
The minutes of the meeting of March 14, 1990 were approved as
distributed.
MSUC STOKES/GRINDLE 7-0
2. COMMUNICATIONS
a. Chair's Comments
Chair Helton shared highlights of her experiences at the
Conference she recently attended in San Francisco, and passed
out information on a variety of subjects which she felt would
be of interest to the Commissioners.
b. Commissioners' Comments
Commissioner Dennison gave a report on the Health Aspects of
the San Francisco Conference.
c. Oral Communications
Secretary Stohr stated that Council needs to know who will be
accepting the proclamation for older Americans Month.
Due to Chair Helton's absence from the City, vice Chair
Gilstrap will accept this proclamation.
d.
\
Written communications
Secretary Stohr read a letter regarding the RSVP program which
had been referred to the commission by Human Services
Coordinator castro, for their information. It is the feeling
of the Commission that no action is necessary on this matter.
'~.b
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.
3. UNFINISHED BUSINESS
a. ~
The Commission on Aging approved the following recommendations
to Council on CDBG funding. ..
Adult Protective services
Many of their clients are unable
transportation
Altrusa Club of Chula Vista $6,000
No duplication of services - money needed to pay rent and
utilities
$12,000
to use public
Centro de la Salud Cammunidad
No program in place - duplication of services
city of Chula Vista I & R Center
Appropriate level of CDBG support
Council of Pilipino/American Organizations -0-
Serves only a small portion of the population - No effort
to reach out to the community at large
-0-
$9,400
Episcopal/otay community Clinic
Provides a vital service to the Community
Episcopal/Alcohol Recovery
Did not extend to Montgomery as promised
Girls/Boys Club -0-
The Commission feels that this could paid for by parents
$15,000
$10,000
Jobs for Youth $3,100
Lutheran Social Services $15,000
They lost other funding this year
MAAC Project -0-
They already have transportation
Senior Adult Services $4,500
They have a demonstrated need for this funding
South Bay Community Service $9,000
This c~vers basic needs within the organization
South Bay Family YMCA-Sunshine Co. $20,000
South Bay Family YMCA-Summer Day camp
Good quality program due to expertise
SUHSD/FEA
$10,000
of the Director
-0-
11.- 7
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Duplication of services
Vista Bill Foundation
Increased hours of therapy for all ages
$17,500
"!
Woodlawn Park Community Center
Everyone who comes in is
functions
YMCA Human Development Center
Chula Vista P . R
$22,500
helped-serves many different
$20,000
$15,500
Kinesis South, Mental .Health -0-
Employment funds should be available to this program
San Diego Resident Relations
South county Council on Aging
To supplement state funding
Motion to accept the above recommendations
$5,000
$18,000
MSUC STOKES/DENNISON 7-0
b. Human Services Council Undate
Commissioner scrivener expressed her enjoyment of the recent
Human services Council Forum, as did Commissioner Grindle.
Commissioner Dennison reminded the Commission that the main
reason for the Forums is to bring the providers together to
encourage cooperation and avoid fighting over turf.
c. Norman Park Center Qndate
Recreation Supervisor Beardsley stated it is currently
estimated that the temporary facility will be available for
.occupancy by the end of June. The county has been given
notice that they must vacate the site by May 15. They are
currently in the process of another space for their health
hcili ty.
d. Drua Abuse Committee Unda1:e
There will be a Drug Abuse Forum on April 19, 1990 at Norman
Park Center. Commissioner Dennison is also working with a
substance abuse task force from the Veterans Hospital in San
Diego. They are having a forum on June 5th: it will be an all
day session. There is no charge. She encourages all of the
Commissioners to attend this forum.
e. centenarian Committee
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Recreation supervisor Beardsley reported that she has compiled
a partial list of centenarians but has other sources to access
for additional names.
f. Brochure CQmmittee Un date
Recreation Supervisor Beardsley reported that when she went to
pick up the brochures, she discovered a printer error. The
printer is re-doing them at his expense, however, there will
be a delivery delay due to this error.
4. UNFINISHED BUSINESS
NONE
5. STAFF REPORT
Recreation Supervisor Beardsley reported on new books and
publications that have been received for the senior library.
Meeting adjourned to the regularly scheduled meeting 'of May 9,
1990.
Submitted by:
~. (!#4
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... Attachment B f..!.op'.
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<~-~ ~
.... i: L'"
01Y OF
CHUlA VISTA
PARKS AND RECREATION DEPARTMENT
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May 29, 1991
SUBJECT: Murals Pro~ram
Dear Artist:
.~omST POR OUALtFICATIONS
The city of Chula Vista CUltural Arts Commission and Parks and
Recreation Department are seekinq artists qualified to desi~n, and
paint two murals in the City's Community Development Block Crant
eligible areas. ..
'rhe mural is to be oriqinal, novel and non-commercial, yet
representative of the cultural arts siqnificance of the Chula vista
area. The artist will be required to work with selected youth from
the hiqh school district. It is the intent of this pro;ram to
create a work of art in the City and minimize the incidence of
~raffiti in the qiven area. Fifteen thousand five hundred dollars
($15,500) is available for the total bud;et (includin~ artist fees)
for the two mural sites.
SU~MISSION REQUIREMENTS. REOUEST ?OR OUALiFICATIONS IRFO\
A selection panel of art experts and CUltural Arts Commissioners
will be assembled to review all responses to the RFQ. Interviews
with all applicants will subsequently be conducted by the
subcommittee, and one finalist will be selected. Their
recommendation will be forwarded to the CUltural Arts Commission
and Parks and Recreation Department. The CUltural Arts Commission
will make their recommendation to City Council for approval of the
artist. Proposals will consist of project drawinqs with written
and budgetary narratives. The final selection of one artist will
be used for both mural sites. Subject to final approval by the
Chula Vista City council, the mural project is expected to commence
by early Summer.
All applicants must submit:
1. 'ren siid.s. of past appropriate artwork. Priority will be
given to artists who can demonstrate actual experience with
murals. Slides must be individually labeled with artist's
name media, date and dimension,. (If return of slides is
desired, a self addressed stamped envelope must be included.
Slides retained will become part of the public art slieSe
req istry . )
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276 FOLIRTH AVENUElCHULA VISTA, CALIFORNIA 12010/(61') ,,,,.5071
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MURALS PROGRAM
2
May 28, 1991
2. CUrrent resume.
J. An optional .tatement or letter of interest may be included.
ALL APPLICATIONS MUST BE RECEIVED oa I'OS'l'MARXED BY onJNE 21, nn.
.end to: John Cates
Chula Vista Mural Project
City of Chula Vista CUltural Arts Commission
276 Fourth Avenue
Chula Vista, CA 51910
Failure to follow all of the above requirements will disqualify an
entry. All entries received after the submission deadline will be
returned unopened.
Sincerely,
rt.,,* 11.( ..1utl....
ole.. Valen~ela, Director
Department of Parks and aecreation
ARTMUkA1.491
\
CITY ~~i1V1STA
AttaCnment "
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MINUTES OF THE
REGULAR MEETING OF THE
CULTURAL ARTS COMMISSION
TUe.day, 5:00 p.m.
January 14, 1992
Conference Rooms 2 , 3
PUblic Services Building
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w
CALL MEETING '1'0 ORDER
ROLL CALL
MEMBERS PRESENT:
Chair Souval, Commissioners Ables, Gerber,
McAllister, McGovern, Soriano-Cernitz, Scott,
and Torres
MEKBERS ABSENT:
STAFF PRESENT:
commissioner Dumlao
Staff Liaisons Gates, McMartin and Valenzuela
Chair Souval introduced and welcomed the newly appointed CUltural
Arts Commissioner, Melody soriano-Cernitz.
1. APPROVAL OF MINUTES
The minutes of the meeting of December 10, 1991 were approved.
MSUC [Torres/Mcallister] a-o.
2. UNFINISHED BUSINESS
a. Formulating strategies/Sub-committee Reports
The Sub-Committees have completed their meetings with
Mary Powers. All the information is being combined for
the Commission's goals and Objectives. .
b. Chula Vista Arts Directory - Funding
A fundIng request was sent to the Chamber of commerce,
however, no response has been received yet. FriendS of
the Library have committed $750 to assist in the cost of
printing the Directory.
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CUltural Arts Commission
Meeting Minutes
c. CUltural Arts Festival Sub-committee Report
2
January 14, 1992
A public meeting has J:)een scheduled for January 30, 7:00
p.m. in the city Council Chambers inviting anyone
interested in volunteering to assist with the Festival.
Mr. Perkins will present a work plan. The Festival is
scheduled for May, 1992.
e. Murals Program -
The Citizen Selection committee have completed their
interviews. The Committee's Murals Program artist
recommendation is Mario Torero. The Murals Program Sub-
Committee and staff endorsed the citizens Sub-Committee's
recommendation.
Commissioner Torres, representing the Murals Sub-
Committee, felt there should J:)e further discussion
indicating the Commission'S emphasis on the mural design
theme. This particular aspect has not been discussed
with the artist.
The Request for Proposal did indicate the artist would be
working with the community on establishing a theme. The
purpose of the murals program was to serve as a graffiti
abatement program in a Community Development Block Grant
area. Based on that information, the artist would work
with students and serve as a mentor to develop a mural,
no criteria on the design was set.
Parks , Recreation Director Valenzuela reported the Parks
, Recreation Department are requesting additional Capital
Improvement Project Community Development Block Grant
Funds to continue the murals program through 1996.
Staff Liaison McMartin suggested to the Commbsion to
videotape and document the entire murals program process.
Ace Frazier, who has a contract with the city that
includes working within the city of Chula Vista, could
video the process once it is underway. The Commissioners
were very interested and asked Ms. Martin to contact Mr.
Frazier.
The Cbmmission agreed to keep a close "involvement
throughout the entire process of the Murals program.
MSUC [McAllisterlsoriano-cernitz] a-o, based upon the
results of the sub-Committee's recommendation, the
CUltural Arts Commbsion approved the selection of Mario
Torrero as the murals program artist contingent upon
background references and final contract discussion.
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CUltural Arts Commission
Meeting Minutes
f. McCandliss Memorial CUltural Arts Fund
3
January 14, 1992
, .
The Sub-Committee has .ade contact with potential people
to serve on Gayle McCandliss Memorial CUltural Arts Fund
sub-Committee. The first .eeting has not been
scheduled.
The CUltural Arts Commission also suggested the Sub-
committee include representatives of the community. The
SUb-Committee's task is to develop the criteria to be
used to assist in the selection process to nominate an
individual for an annual award.
f. CUltural Arts Coordinator
The request to the City council to approve a full time
CUl tural Arts coordinator has been continued to the
Council meeting date of January 21. Chair Souval asked
the commission to assist by attending the Council meeting
with their support and thro;ugh written correspondence
from members of the community.
This item was not on the agenda, however the Commission agreed to
include:
g. Bayfront
The consultant's findings were that a cultural arts
center in the 900-1200 seat capacity range was very
feasible for the City of Chula Vista and that the
Bayfront was a suitable venue for two reasons: 1) access
to freeway and 2) neutral territory.
The Bayfront Sub-Committee was formally disbanded. The
city council is voting on the concept of the Bayfront
plan and a cultural Arts Center site is included in the
proposal.
commissioner Ables asked that on the next CUltural Arts
Agenda the commission consider the possibility of forming
their own CUltural Arts Center Sub-Committee and include
members of the general public.
3. NEW BUSINESS
a. commission Budget - Fiscal Year 1992-93
The City is in the budget process for FY 1992-93. Under
the direction of the Budget Manager, little or no
increases are expected. In addition, l' to 2' cuts are
being investigated.
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CUltural Arts Commission
Meetinq Minutes
4
January 14, 1992
4. COMMUNICATIONS
a. Oral Communications - None.
b. Written communications - CALAA Workshop is scheduled for
March, 1992. Chair Souval will distribute the
information at the next meetinq.
c. commissioners' Remarks - None.
5. STAFF REPORT - None.
Meetinq adjourned at 6:00 p.m. to the next reqularly scheduled
meetinq of February 11, 1992 at 5:00 p.m.
Respectfully submitted,
...~,~~~
Elizabeth Bottorff
\
/~../$'
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Saturday, March 31. 1984
'eldan Dttgo lIDIon 8-13.
:~;;, .....~::7.~ *4!' ;::;.::::....:_
By Rita Glllmon, Slarr Wrlle' ..
. -
... Mari~ Torero's painting, "The ChIld," wlll be taken to
Rome by'local Roman Catholic layman Dan Garcia to ~
presented to Pope John Paul n on Easter Sunday, Apr\!
22. _
It will not be the first time the Pope bas seen the
painting, since It was sbown to him during his visit to the
United Nations in 1979, the year it was painted by Torero.
It was ubibited at the United Nations beadquarters in
New York througbout 1979, Tbe International Year of the
ChIld.
Nor will it be the fll'St time that a work of Torero's bas
been given to the Pope. .
Mario Torero is the artist wbo paints murals in Barrio
.. .. Logan's ChIcano Park in the slJadow of the Coronado
.'lbe SaD Diel" UaiaG/DOll K_",;" Bridge. On one of the bridge's pillars is a painting of Our
Marlo Torero's painting "The Child" will'., Lady of G.uadalupe. Torero made a large ~hoto~raJl!l.ol it
be given on Easter to Pope John Paul II. :. I and .G~a presented ilto the Pope dUring his VISit to
. ._.:.;. MUlCOClty. -.
-- 'L'CJ D'!:' . "The ChIld" is the image of an infant surrounded !if;
'ART.,,~T 'EJ'UGHTED rainbow-like. bands of color. Tbe simple painting bas.
=: . aroused the enthusiasm of a large number of local Catho-!
-:: 'ChI old' cOIDIOng hom.e . Iicsandotherswboseelt~anaff1l1Datio~0IJlfeand,lili
= Garcia bas said, "uemplifies that our lives have beeIt
= _ ,delivered through the perfect love 01 ~" - .~,
::Tbe premise of the painting . _ It is now banging at the Catholic Charismatic Renewal
~cb depi~~~~, enc:losed in a Center, 7654 Bersc:bel Ave., La Jolla. . .::
!:ibble and. . ID a giaDt.Jl:llm Garcia bopes to be ab)e ~ sbow the painting to ~reSi7
_ Is bauntincJ7 SU01ple, according to . dent Reagan during a Wasbington stopover on the way III
JI) creator. Rome. It Is also being considered lor.use as a grecting
=:'Tbe c:b!1d Is ~ eternal" thing," card by the United Nations CbIldren's Fund. . -
:;fld muralist lano Torero, . and the Trans World Airlines bas donated two tickets for Gar-
..t~e of the .-id - the c:hildrell - c:Ia and his wife wbo plan to leave San Diego about April
1ieslDourbudL" "
:: As part of De lnternatlooaI Year 10. . .(
!If the CbiJd c:elebraUon ID 1979, "The ..-.
t'hild" wu dllpIayed at the United
ltatlOlll 'u. t.!rs In New York
rity. . .
: Now, to the delipt of Torero, It
-1i1l be ubibital for the first time ID
;tie artist's bOlll!toWll, San Diego.
= "rm bonore4.allcl I bope it Inspires
~ple here," Did Torero. .
= He is ...pG_le for the "Picasso',
~es" mural .Che lide of a building
i!> 860 Tblrd AWl!. ,and for the colorful
~urals OD the OiI!'ooado bridge"sup-
J!!lrtl in ChlCUI Put.
_ "Hopefully, p1Dple here and eJse.
iiDere wiJI be tItmsdoas of the fact
~t c:bI1dreD _ sUlI iA need; eYeII
-- - .
. ..... ..~ ~..." ,.u. do. but vour ~r.it;tuaJ neann ae[R:nWl VII ... UV" -.. 1-.
...... n"',......"c.....""Io'- . 1'. . I'
"... .,. .....:: . ....... b:-e.1~: 3W~" i!'!';;~ ~~: un; n.:"l!'n trl,:!~e practices 35 l~JY
m. to noon nen
ene. 2990 Euclid
y be obtained by
ired priesl of the
,ill celebrate the
lass concelebrat-
op 01 the diocese,
lorromeo Cburcb
ained a priest at
undelein, fit, by
7, 193(, During
::ha plain Corps of
Rome, be was in
I Program.
ritation or Bishop
,eral churches In
1954 to 1982 and
.
.
Highbrow Finance:
Public Arts Funding in San Diego
.
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By Anita F. Williams
Public art. long taken for granted by some as
merely superfluous decoration, is finally on the road
to gaining recognition In San Diego. It ranges from the
works In Chicano Park, noted as the largest collection
of Chicano art In the world, to the towering obelisk in
Horton Plaza. Several local colleges and universities,
most notably San Diego City College and UCSD,
feature public art on their campuses as well.
The lobbies of many new structures in the down-
town business district have also become showcases
for the works of talented artists. Some major develop-
ers have even gone so far as to retain advisory
boards made up of noted members of the arts com-
munity. These advisors provide guidelines and often
make suggestions with regard to art installed in the
public spaces of office buildings.
One organization with such an advisory board is
Centre City Development Corporation. According to
Centre City Development, most public art in profes-
sional buildings is funded through the developers
themselves, who' are In essence 'self-contalned"
when it comes to public art; that i'J, they have control
with respect to site and artist selection, creative input,
Muralallha Miulon FacIaraJ CredR Union, by Mario Toraro
an~ften a subject of debate regarding public art
project&-financlng.
Arts funding has been given a lot of media attention
in recent years, and many groups (state and local
governmental agencies in particular) are working
now to increase awareness and support of public
works and to promote community participation in the
creative process. Working In conjunction with these
agencies is a.new generation of artists who, partially
out of necessity, have become Increasingly sensitive
to public opinion.
Public art has struggled in San Diego, partly due to
the city's conservative and traditional outlook re-
garding that timewom question, "What Is Art?' The
censorship Issue has made arts funding an extremely
emotional arena. Recent controversies over pho-
tography and music have focused attention on the
question of what the average person has come to
regard as an acceptable public display.
The economy has also played a role in determining
the direction of many arts programs. The city council
itself has been divided regarding the types of arts
projects to pursue: many members are in favor of
slowiy building a quality, stable foundation forthe arts
community which will gain momentum .over a period
.
San Diego Arts Calendar Q
ll.-/?
nus PAGE BLANK
I/,.. I'
AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MARIO TORERO FOR TWO MURALS
THIS AGREEMENT, made and entered into this May 4, 1992, by and
between the city of Chula Vista, hereinafter referred to as "city"
and, MARIO TORERO hereinafter referred to as the "ARTIST."
WITNESSETH:
WHEREAS, the city of Chula vista, with the advice of the Chula
vista Cultural Arts Commission is desirous of obtaining at least
two original mural painting, and the option to obtain more as
funding permits, which will be visual representations of the
diversity and history of the City of Chula vista and the purposes
of which are to prevent the proliferation of graffiti and promote
the cultural awareness of the city's residents; and
WHEREAS, city's DIRECTOR of Parks and Recreation (hereafter
Director) obtained CDBG grant funds in the amount of $15,500 for
this purpose.
WHEREAS, city has completed the Request for Qualification
process which has resulted in selection by Director, with the
advise of Cultural Arts Commission, (hereafter CAC) of Artist and,
WHEREAS, MARIO TORERO is an artist with special experience and
qualifications to design and execute said mural paintings.
NOW, THEREFORE, for and in
promises, covenants and conditions
hereto agree as follows:
consideration of the mutual
herein contained, the parties
1. SCOPE OF WORK
a. The ARTIST shall, according to the procedures herein
established, design and create 2 original mural paintings
(hereinafter referred to as "the Work") for the City of Chula
Vista, and, at the option of the City ("Option"), to be exercised
by the city Manager in writing and upon his discretion, and upon a
finding by the city Manager that ~ufficient funds are available and
appropriated for such purpose, ARTIST shall design and create at
least 5 additional mural paintings ("option Work") of the size,
complexity and quality of the largest and most complex of the two
paintings which are the sUbject matter of the Work, on the same
terms and conditions herein set forth for the Work, except that,
upon exercise of the Option by the City, the price for each shall
be $7,250. Nothing herein shall preclude, until one or the other
declares an impasse, from negotiating a different price or
nural3.wp
May 8, 1992
Mural Agreement
Page 1
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different piece of Option Work; however, upon declaration of
impasse, the Artist shall perform the Option Work if and to the
extent the option is exercised by city. Where "Work" is herein
referred to, it shall also refer to the "option Work" if, and to
the extent the Option is exercised.
b. site Recommendation Dutv. The ARTIST shall recommend at
least six mural site locations ("Site Recommendation Duty") that
are within CDBG eligible areas that meet the advanced written
criteria of the Police Department and Parks and Recreation
Department which shall be based, in part, on areas of high graffiti
incidents and that are then approved by and in the sole discretion
of the Park and Recreation Department, the Cultural Arts Commission
and the City Council. Upon approval of one or two sites by the
city Council, the parties shall perform the following duties as to
the approved site or sites. Upon rejection of all sites by the
City council, all further rights and duties herein contained shall
be deemed terminated without breach.
i. Compensation. Artist shall be paid $1,550 for
performing the entire site Recommendation Duty.
c. Desion Preparation Dutv.
i. The Artist shall, for each approved site, prepare a
rendering ("Initial site Specific Design") of a mural
which shall meet the following criteria:
(1)
The Work shall be unique for the chosen sites,
shall not be substantially duplicated for or
from any other site.
ii. The
ARTIST'S
input.
ARTIST shall hold public meetings to review
suggested mural renderings and seek public
The ARTIST shall be responsible for conducting
all research including meeting with the
community of Chula Vista; assembling all
photographic documentary materials; initialing
and completing the design of the mural
painting; and the actual production and
completion of the mural painting.
iii. The Artist shall solicit from the community in
which the mural will be painted comments and
recommendations on the Initial site Specific Design.
(1)
iv. The Artist will make such changes and amendments to
the Initial site Specific Design as he deems appropriate
to reflect the community input, and shall then make a
nural3.wp
May 8, 1992
Mural Agreement
Page 2
/, -/.%..
visual presentation to the Director and the CAC
specifying the design of the Work ("Post Community Input
Design"), within ninety (90) days of the execution of
this agreement. said presentation shall include:
(1) Photographs, drawings, models, or designs of
proposed art work.
(2) Materials and colors.
(3) site plan, to include photographs of site and
neighborhood, drawings of the site with
project to scale.
(4) Date and duration of mural application
schedule providing mural application schedule.
(5) Proof of insurance sufficient to meet the
requirements of the city's Risk Manager.
(6) Cleaning and security deposit to guarantee
restoration of site to original condition, if
applicable.
(7) Building permit, if necessary.
v. The Artist shall make such changes and amendments to
the Post Community Input Design as he feels appropriate
to reflect the input of the Director and the CAC. Such
changed design shall herein be referred to as the "Post
CAC Design"). After review and comment by the Director
and the CAC on the Post CAC Design, the Artist shall make
a visual presentation to the city Council of the Post CAC
Design, which shall be accompanied by the comments of the
Director and the CAC. Said presentation shall include
the same elements and aspects as the presentation of the
Post Community Design presentation to the CAC.
(1) Compensation. Artist shall be paid $1,550 per
Post CAC Design presented to the City Council for
performing the entire Design preparation Duty for
each approved site.
vi. The city Council shall have the authority to approve
or reject the Post CAC Design, and may make
recommendations for changes thereto. If the changes are
acceptable to the Artist, the remaining obligations of
this agreement shall continue, otherwise, they shall be
terminated without breach.
d. Mural Application Dutv.
i. Compensation Upon Commencement of Mural Application.
For each Mural for which the Artist commences application to a
council Approved Site, the City shall compensate the Artist $3,875.
It'llral3.wp
May 8, 1992
Mural Agreement
Page 3
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J.1.. ARTIST shall be prepared to proceed immediately with
application of the WORK in accordance with the design or designs
and at the sites approved by the City Council, following city
Council approval of the final design ("Council Approved Design").
J.J.J.. The ARTIST shall also design and execute
sponsorship credits to be publicly displayed and identified with
the Work in a form, size and configuration which is subject to the
approval of the DIRECTOR with advice from the CAC. Said signature
shall include the ARTIST's name, the title of the Work, date of
installation, and sources of financial support for the project.
iv. The Artist shall recruit youth in the neighborhood
to assist the Artist in the application of the mural to the Council
Approved site.
v. The ARTIST shall submit to the DIRECTOR a recommended
anti-graffiti coating product that will protect the murals. upon
DIRECTOR approval ARTIST shall apply product following the
manufacturer guidelines.
e. Time to Complete.
i. The ARTIST agrees to complete the Work, or such
portion thereof which for which a design has been approved by the
City Council within six months from the date of execution of this
Agreement, and the option Work within six months from the date of
exercise of the option for each additional mural which is the
subject matter of the exercise of option, in accordance with the
schedule for completion.
ii. Force Maiuere. If the ARTIST is delayed at any time
in the progress of the Work by any act or neglect of the city,
incomplete building modifications to the site, or by labor
disputes, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable causes, or any
causes beyond the ARTIST's control or any cause which the city
determines justifies the delay, then the completion date will be
extended by DIRECTOR by written notice for such reasonable time as
the parties may determine.
J.J.J.. Extensions for Desiqn Adiustments. The ARTIST will
be given a reasonable amount of time not to exceed two months to
meet any modifications of the design, if necessary.
iv. Delav Caused bv Artist. If the progress of the Work
is delayed by any fault, neglect, act or failure of the ARTIST, or
by any of his/her employees, or by any separate contractor or
subcontractor employed by the ARTIST, then the ARTIST shall, at
his/her own expense, work such overtime or take whatever action as
DlJral3.wp
May 8, 1992
Mural Agreement
Page 4
!b-).l/
may be required to make up for time lost and to avoid delay in
completing the Work within the agreed upon time.
v. Oualitv of Finished Product. The Artist warrants
that the Work will be free of defects in workmanship or materials,
including inherent vice, and that the Artist will, at the Artist's
own expense, remedy any defects due to faulty workmanship or
materials, and will perform maintenance substantially in excess of
the routine maintenance described in the recommendations provided
by the Artist to the City without further compensation. If the
Work should deteriorate because of an inherent vice between one and
three years from the date the Work is finally accepted by the City,
the Artist will promptly repair or replace the Work for the cost of
materials and supplies. "Inherent vice" refers to a quality within
the material or materials which comprise the Work which, either
alone or in combination, results in the tendency of the Work to
destroy itself. All risk of destruction, or damage to, the Work or
any part thereof from any cause whatsoever shall be borne by the
Artist until delivery, installation and written acceptance of the
Work by the City. The Artist, at his/her expense, shall rebuild,
repair, restore, and make good all such damage to any portion of
the Work.
vi. Compensation Upon Completion of Mural Application.
For each Mural for which the Artist completes an application to a
Council Approved site in a manner consistent with this agreement
and which constitutes a true and accurate depiction of the Council
Approved Design, as determined in the discretion of Director with
the advice of the CAC, the City shall compensate the Artist $1,550
per mural.
3. MANNER OF PAYMENT.
Following completion of each phase for which the Artist is
entitled to compensation as herein designated, the ARTIST shall
submit an invoice directed to the attention of the Parks and
Recreation Department, 276 Fourth Avenue, Chula Vista, California
91910.
4. RIGHT. TITLE AND INTEREST TO THE WORK
The City shall have the right to graphically reproduce the art
produced by the ARTIST solely for the purposes of publicity or
exhibition, provided that such reproduction is credited to
the ARTIST per the California Art Preservation Act Copyright
Law.
The ARTIST shall not make any public information
connection with services performed under this
without the prior written permission of the CITY.
release in
Agreement
RlJraL3.wp
May 8. 1992
Mural Agreement
Page 5
1'-#).$
The ARTIST, as part of the CONTRACT, and without additional
compensation may be required by the CITY to discuss the
project with the general public and/or press/media
representatives in special meetings scheduled for this
purpose.
Upon final payment to the ARTIST, all right, title and
interest to the Work shall become vested in the City of Chula
vista except as specified herein. The ARTIST will retain all
right, title and interest to any designs which are rejected by
the city, as well as any incidental designs resulting from the
Work.
The ARTIST reserves to him/herself all copyrights in the Work,
the preliminary design, and any incidental works made in the
creation of the Work.
5. INDEMNITY AND INSURANCE
ARTIST shall defend, indemnify and hold harmless the City, its
elected and appointed officers, and employees from and against
all claims for demands, liability, cost and expense (including
without limitation attorney's fees), arising out of the con-
duct of the ARTIST, or any agent 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. ARTIST'S indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liabil-
ity incurred by the City, its officers, agents, or employees
in defending against such claims, whether the same proceed to
judgment or not. Further, ARTIST at his own expense shall,
upon written request by the City, defend any such suit or
action brought against the City, its officers, agents, or
employee. ARTIST'S indemnification of City shall not be
limited by any prior or subsequent declaration by the ARTIST.
ARTIST represents that he and his agents, staff and sub-
consultants employed by it, in connection with the Services
required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the
City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount of
$1,000,000.00.
nLIral3.wp
May 8, 1992
Mural Agreement
Page 6
//,...u
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount of
$1,000,000.00, combined single limit applied separately
to each project away from premises owned or rented by
Consultant, which names city and Applicant 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 and Applicant
in the same manner as members of the general public
("Cross-liability Coverage).
ARTIST shall demonstrate proof of coverage herein
required, prior to the commencement of services required
under the Agreement, by delivery of certificates of
Insurance demonstrating same, and further indicating that
the policies may not be canceled without at least thirty
(30) days written notice to the Additional Insured. city
has other valid and collectible insurance for a loss
covered by this pOlicy, that other insurance shall be
excess only." Said policy or policies shall provide that
City shall be given thirty (30) days written notice to
the Additional Insured.
In order to demonstrate the Additional Insured, Covered,
Primary Coverage and Cross-liability coverage required
under ARTIST I S Commercial General Liability Insurance
Policy, demonstrating same, which shall be reviewed and
approved by the Risk Manager.
The ARTIST shall be responsible for all Federal and State
income taxes on the amount of this CONTRACT, as well as
any state sales tax which might be required. The ARTIST
agrees that no charges or claim for damages shall be made
by him for any delays or hindrances beyond the control of
the CITY during the progress of any portion of the
services specified in this CONTRACT. Such delays or
hindrances, if any, shall be compensated by an extension
of time for such reasonable period as may be mutually
agreed between parties. It is understood, however, that
permitting the ARTIST to proceed to complete any
services, or any part of them, after the date to which
the time of completion may have been extended, shall in
no way act as a waiver on the part of the CITY or any of
its legal rights herein.
6. ALTERATIONS. REPAIRS. RESTORATIONS OR TRANSFER OF OWNERSHIP-
WAIVER OF ATTRIBUTION AND INTEGRITY RIGHTS
If the city determines to make repairs or restoration to the
murals, the ARTIST, if reasonably available, shall be
informed and consulted in regard to all repairs and
mural3.wp
May 8, 1992
Mural Agreement
Page 7
I' -').1
restoration of the Work subsequent to its installation,
wi thout addi tional charge to the City except as may be
consented to by the city. The ARTIST shall be allowed to
recommend restorative techniques and materials, and shall be
given the opportunity to submit proposals for any such repairs
and restoration for an appropriate fee.
ARTIST hereby acknowledges that the Work (the two mural
paintings) will be applied to the exterior walls of
building/structure and therefor its installation will subject
the Work to destruction, mutilation or other modification by
reason of removal. ARTIST hereby WAIVES, and/or ACKNOWLEDGES
the non-existence of, the Rights of Attribution and Integrity
provided by 17 USC section 106 A (a) (2) and (3). ARTIST
understands that neither CITY nor the owner of the property to
which the murals are applied have any obligation to notify
ARTIST of intention to remove, and ARTIST does not have the
right to remove the work or pay for its removal within 90 days
of notice.
7. CONTRACT ADMINISTRATOR-DIRECTOR/CITY TORERO/ARTIST
The city's Contract Administrator shall be the Director of
Parks and Recreation who is authorized by said party to
represent them in routine administration of this agreement.
Any required notices shall be sent to the CITY'S Contract
Administrator with the fOllowing address:
Director of Parks and Recreation
276 Fourth Ave.
Chula Vista, CA 91910
ARTIST'S Contract Administrator shall be MARIO TORERO to whom
any required notices shall be sent at the following address:
Mario Torero
4212 Florida Street
San Diego, CA 92104
8. GOVERNING LAW
Unless agreed otherwise in writing by the parties, the terms
and provisions of this Agreement shall be governed by the laws
of the State of California.
9. NON-DISCRIMINATION
ARTIST agrees to comply with the requirements of non-discrimi-
nation and equal opportunity laws which provide that no person
will, on the basis of sex, age, religion, race, color, natio-
nal origin, or handicap, be excluded from participation in, be
IfUral3.wp
May 8, 1992
Mural Agreement
Page 8
I!-,olf
denied benefits of, or be subject to discrimination under any
part of the execution and fulfillment of this Agreement.
10. TERMINATION
Either party may terminate this Agreement for cause if the
other party fails to perform any material obligation
hereunder. In addition to any damages due to city in the
event of ARTIST'S breach, if the ARTIST abandons the Work,
defaults on any material term of this agreement or otherwise
causes it to be terminated without cause prior to final
acceptance of the Work, the ARTIST shall not be owed or paid
any further compensation by the city.
11. ENTIRE AGREEMENT
This Agreement represents the entire Agreement of the parties
and may not be amended unless agreed to in writing and
certified by the signatures of the parties hereunder. This
Agreement may be extended to include additional murals upon a
mutual agreement by the Artist and the city, and all terms and
conditions of this Agreement would be in effect, unless
otherwise amended.
.
(End of Page. Next Page is Signature Page.)
mJral3.wp Mural Agreement
May 8, 1992 Page 9
1I,..zer
signature Page to
AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MARIO TORERO FOR TWO MURALS
Now therefore, the parties hereto, having read and understood
the terms and conditions of this agreement, do hereby express their
consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: May 8, 1992
City of Chula vista
by:
Tim Nader, its Mayor
Attest:
(Execution Authorized by Reso. No. ____>
Beverly Authelet
City Clerk
Approved as to Form:
Bruce M. Boogaard
City Attorney
Dated: May 8, 1992
by:
Mario Torrero, Artist
nLIral3.wp
May 8, 1992
Mural Agreement
Page 10
/b-~
COUNCIL AGENDA STATEMENT
Item n
Meeting Date 5/12/92
ITEM TITLE: Report regarding the request by Ado1fo Castillo for a lien agreement in
lieu of posting a cash bond for the deferral of public improvements at
3344 Main Street
SUBMITTED BY: Director of Public Works~ ~
REVIEWED BY: City Manager.J Ct ~ tjfp~ (4/5 Vote: Yes_NoXl
The lessee of the property at 3344 Main Street is converting part of the building on the site to
a Mexican food take-out restaurant. The City has required that he install public improvements
along the frontage of Main Street. He applied for and was granted a deferral of this requirement
with a condition that he post a cash bond in the amount of $12,500. He requested that the City
accept a lien on the property instead of posting the cash bond. As approved by Council in 1985,
it has been the position of the City that lien agreements on deferrals are approved only in cases
of demonstrated hardship.
RECOMMENDATION: That Council accept this report and deny the applicant's request to
enter into a lien agreement in lieu posting a cash bond.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Mr. Adolfo Castillo, lessee of the property at 3344 Main Street, submitted plans for a tenant
improvement to the existing building at that site. He intends to operate a Mexican food take-out
restaurant with seating for approximately 38 persons. As the plans were routed through the
Engineering Division, the requirement to install street improvements was imposed, since the
valuation of the work on site was estimated at $47,000. The Municipal Code requires
installation of improvements and dedication of right of way when the value of improvements is
over $10,000.
Mr. Castillo requested a deferral of this requirement. Section 12.24.070 of the Municipal Code
provides that a deferral may be granted if, in the opinion of the City:
"the installation of any or all of the improvements... would, if presently installed, create
a hazardous or defective condition or be impractical, or if said installation... would be
incompatible with the present development of the neighborhood or be impractical or
premature because of the existing condition of the surrounding property, or that it would
be desireable to install said improvements as a part of the overall plan for the
\'"1-1
Page 2, Item~
Meeting Date 5/12/92
development of public improvements in a certain area......
A copy of that section of the code is attached as Exhibit B.
It should be noted that the findings required for the granting of a ,deferral by section 12.24.070
of the Municipal Code, as described above, make it obvious that the deferral is a temporary
relief from construction improvements because of existing conditions. This is not a waiver of
improvements, nor a relief from the fiscal responsibility to install improvements, and the Code
requires that the property owner fmancially provide for the improvements by making a deposit
with the City in an amount equal to 110 percent of the estimated cost of improvements. The
Code also provides that the property owner can provide a lien on the property.
The deferral request was approved by the City Engineer on April 21st. Attached as Exhibit C
is a copy of the staff report approving the deferral. Mr. Castillo was verbally advised of the
approval, however, a letter has not been sent to Mr. Castillo formally advising him of that fact.
As indicated in his letter of March 23, 1992 requesting a lein on the property in-lieu of a cash
bond, Mr. Castillo was aware of our intent to defer the improvements well before the formal
approval process was completed. Attached as Exhibit D is a copy of Mr. Castillo's letter
requesting a lien instead of the cash bond. The grounds for granting the deferral were that there
are no other improvements in the area (nor were there any other deferrals which would make
a project feasible) and that the best means of installing them would be as an overall improvement
project. One of the conditions of the approval of Mr. Castillo's request was that he post a cash
bond in an amount equal to the costs of installing the improvements, the survey, design and
construction staking for the work, plus a 10% contingency, totalling $12,500. Mr. Castillo
states that putting up the cash is not possible due to his financial status and has requested that
the City accept a lien. He stated that the owner of the property is willing to offer that lien but
has not produced a letter from the property owner agreeing to the lein. He states that his
hardship is caused by being fmancially broke due to the time delay in obtaining the permit and
having to pay the rent during this time.
In November, 1985, after discovering how difficult it was to call up surety bonds securing
deferrals, staff presented a report advising Council of the difficulties with the security process
then in effect, and made some recommendations. A copy of that report is attached as Exhibit
E. The Council accepted the report on November 5, 1985. As provided for in this report, City
staff accepts liens on real property only in cases of demonstrated hardship. This has not been
demonstrated by Mr. Castillo.
Other than his statement that he is financially broke due to paying the rent during the time delay
involved in obtaining the permit, Mr. Castillo has not furnished staff any information on which
we can make a finding of financial hardship. Mr. Castillo has indicated to us that he owns three
other similar restaurants (one in Chula Vista and two in National City). From staffs viewpoint,
when a deferral is granted for a commercial project such as this, the goal is financial gain from
the venture and should be required to secure the future improvements with a cash bond.
\""\-~
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Page 3, Item 11
Meeting Date 5/12/92
Based on the facts stated herein, staff recommends that Mr. Castillo's request for a lien
agreement be denied and that he be required to submit a cash bond. Disapproval of the lien
agreement does not void Mr. Castillo's deferral, he can still proceed by depositing the required
cash bond with the City.
In connection with this, however, Mr. Castillo was advised several months ago that a dedication
of 11 feet of right of way would be required before the City would approve the building permit.
The requirement for widening was included as a statement on our response to the Conditional
Use Permit Application in September 12, 1991. Mr. Castillo was sent a letter transmitting the
check list of Engineering Division requirements on September 13, 1991. These communications
are attached as Exhibits F and G. Although this did not specifically mention the need for 11 feet
of right of way, it did mention the total required right of way. Mr. Castillo was advised in
writing on March 4, 1992 that 11 feet of right of way will be required. These communications
are attached as Exhibits H and 1. Mr. Castillo still has not provided that document. Once we
have the deed, if the Council approves the lien, we would approve his building permit, but
would hold up occupancy until the lien agreement is received by the City. It normally takes up
to two weeks to prepare a lien agreement, get the required signatures and have it approved by
the Council. Staff would expedite the preparation of the lien agreement.
FISCAL IMPACT: None.
JWH
PD-147
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FILE NO,
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DEFSI<RAi. Ai .3344 MAIN sr;:eeer
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E;e.hibit '&'
12.24.070 Requirements deferred when-Deposit or bond required when.Appeal of denial.
A. In the event that the installation of all or any of the improvements required by Section 12.24.040
would, if presently installed, create a hazardous or defective condition or be impractical, or if said
installation of any or all of said improvements would be incompatible with the present development
of the neighborhood or be impractical or premature because of the existing condition of the
surrounding property, or that it would be desirable to install said improvements as a part of the
overall plan for the development of public improvements in a certain area, the property owner or his
agent may apply to the city engineer for a deferral of the requirements of this ch~pter, stating the
grounds and reasons therefor.
B. If the city engineer, at his discretion, feels that such grounds or exceptions are reasonable and that
the requested deferral should be granted, the city engineer may exempt such applicant from the
requirements of this chapter, subject to the conditions set forth herein. Any exceptions to the
requirements for t)1e installation of public improvements may be limited to a specific period of time
by the city engineer, or may be subject to the determination of the city engineer as to the time at
which said improvements should be installed. In the event that the improvements are deferred, the
property owner shall deposit with the city a sum equal to the estimated cost of the improvements, as
approved by the city engineer, plus ten percent of such cost, or in lieu thereof, shall post a bond in
said amount as approved by the city attorney. If it is determined that the requirements for the
installation of said public improvements will not be necessary within a reasonable and feasible time
period, the property owner may grant to the city, in lieu of said cash depoSIt or bond, a lien upon his
property in an amount estimated by the city engineer to be sufficient to install such public
improvements at such time as they shall be required, and said lien shall also provide for reasonable
attorney fees and costs in the event that it becomes necessary for the city to foreclose upon such lien;
provided further, that said agreement shall stipulate that should said lien be extinguished by
foreclosure of prior liens or otherwise, the improvements may be installed or provided by city and the
cost thereof become a lien against said property as provided in Section] 2.] 2.070.
C. The city engineer may, from time to time, extend the period of deferral; however, such extension of
time shall be conditioned upon the continued effectiveness of a valid cash deposit, bond or lien, as
established herein. The applicant for a deferral of such improvements shall pay a fee as presently
designated, or as may be in the future amended, in the master fee schedule to cover investigation and
processing of such requests.
D. The denial of a request for a deferral of public improvements may be appealed to the city council in
the same manner as provided for appeal for requests for waiver of public improvements, as set forth
in Section 12.24.060.
(Ord. 188091,1979; Ord. 1811 91 (part), ]978; Ord. 120592.27.507).
(R 11/91)
746
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E"hibi\-
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DEFERRAL MEMORANDUM
April 17, 1992
File # PD-147
TO:
Clifford L. Swanson, Deputy Public Works Director\
City Engineer
william A. ullrich, Senior civil Engineer~
Request for Deferral of Street Improvements at 3344 Main
Street (APN 623-212-1900)
FROM:
SUBJECT:
Backaround
Recently, Ado1fo Castillo, lessee of the subject property,
submitted plans for a restaurant at that site. The work was valued
at $47,028. In accordance with section 12.24.040 of the City code,
the Engineering Division added the requirement to install public
improvements along the frontage of Main Street and the adjacent
alley.
On March 23, 1992, the lessee appl ied for a deferral of this
requirement noting the following reasons on the application:
1. Installation would create a hazardous condition.
2. Incompatible with present development of the area.
3. Premature because of existing conditions of surrounding area.
4. Would be desirable to have installed as an overall project.
Findinas (Main Street and Alley)
1. The frontage of this property is 75 feet.
2. The property is located midblock.
3. There are no improvements adjacent to the property on either
side.
4. Any piecemeal installation of improvements such as the one
imposed for this project could not be assured of meeting
future design with respect to grade until an overall plan is
available.
5. Deferrals have been approved for similar conditions in the
same area.
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Cliff Swanson
2
April 17, 1992
6. The percentage of the cost of public improvements compared to
the cost of the on-site work is 26.6%.
The following is a cost estimate of the work to be deferred:
SEE EXHIBIT "A"
Conclusions
1. It is more practical to install these improvements as an
overall improvement project.
2. The deferral of these requirements will not be detrimental or
hazardous to the general public.
Recommendation
Based on the findings herein, I recommend aooroval of the deferral
with the following conditions:
1. The deferral shall expire in three years or at such time as an
overall project causes the improvements to be installed.
2. The owner shall submit a cash bond in the amount shown in the
estimate above, unless a lien is allowed to be placed against
the property.
3. In the case of a Block Grant Project causing the improvements
to be installed, the cash bond shall be used to pay for the
applicant's share in the costs of those improvements.
The deferral request is hereby:
[K ] Approved
[ ] Denied
Signed:
Date:t~~~
DIRECTOR\
RH:rb:cf
(DEF\PD147.MEM)
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CITY OF CHULA VISTA
ENGINEERING DIVISION
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COST ESTIMATE
File: ~Z-9/
Date: .w!
Prepared by:' -
Checked by:
PROJECT TITLE: ::3 544 VVl A (10 S rreEFT
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UNIT
NO, ITEM QUANTITY UNIT PRICE AMOUNT
AL ?AJEMEUT(;') 575 <;01=- /,40 &05,00
A~ ( Ii") 70 7W If SO~OO '$S04,oo
CG f.5 LF 13 DO 975,,~l
~W (SOt..F) 375 st=- ~.oO II ZS/~O
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Exhib,'t
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03/23/92
To: City Engineer,
Re: Deferral
Dear Sir,
I the tenant (Molfo Castillo) of 3344 Main Street request that
a lien to the property be accepted in favor of the total arrount
for street improvements. Because of the time delay in obtaining
a permit and paying the rent for the last 8 months I am financially
broke, but the owner of the property (Ezperanza Pinal is willing
to accept a lien on the property.
I hope you consider my request and if you have any questions or
need additional information please do not hesitate to call me.
THANK YOU
ADOLFO CASTILLO
(619) 477-4103
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'0 - 2/-z-
PD- 141
CITY OF CHULA VISTA
REQUEST FOR WAIVER/DEFERRAL OF
REQUIREMENT TO INSTALL PUBLIC IMPROVEMENTS
SUBJECT SITE ,,?'?.r,J., ~\-.1 <<;:>TlZ.\&€T
APN U'e"?~ Z.\'l.~ \~f)O
IN ACCORDANCE WITH THE PROVISIONS IN SECTIONS 12.24.060 AND 12.24.070
OF THE CHULA VISTA MUNICIPAL CODE, THE UNDERSIGNED HEREBY REQUESTS A:
b(J DEFERRAL [ ] WAIVER
OF TH~~EQUIREMENT TO INSTALL THE IMPROVEMENTS AS SPECIFIED:
1"1 AC PAVING & BASE .l><r CURB & GUTTER [,><( SIDEWALK
[ ] ST~EET LIGHT(S) [ ] DRAINAGE FACILITIES
[ ] OTHER ~,pl: .....,.....~.....
1. DEFERRALS MAY BE GRANTED FOR ANY OF THE FOLLOWING REASONS (CHECK
ITEM OR ITEMS WHICH APPLY IN THIS CASE):
~ INSTALLATION WOULD CREATE A HAZARDOUS CONDITION
p<! INCOMPATIBLE WITH THE PRESENT DEVELOPMENT OF THE AREA
[~] PREMATURE BECAUSE OF EXISTING CONDITIONS OF SURROUNDING AREA
[7S WOULD BE DESIRABLE TO HAVE INSTALLED AS AN OVERALL PROJECT
[ti IMPRACTICAL BECAUSE ~ ~<.....""'C>.
NOTE: DEFERRALS MAY NOT BE GRANTED FOR REASON OF FINANCIAL HARDSHIP.
2. WAIVERS MUST BE CONSIDERED BY THE PLANNING COMMISSION AND MAY BE
GRANTED FOR THE FOLLOWING REASONS:
[] TOPOGRAPHY IS SUCH THAT INSTALLATION WOULD BE IMPRACTICAL
BECAUSE AREA CANNOT BE GRADED TO ESTABLISHED GRADE.
[] INSTALLATION OF SIDEWALKS WOULD BE HAZARDOUS TO PEDESTRIANS
DUE TO EXISTING GRADES. \...-\~ -n:..> V\2D~>"'-(
THE UNDERSIGNED ACKNOWLEDGES THAT,XN THE EVENT A DEFERRAL IS GRANTED,
IT IS A REQUIREMENT THAT A CASH BOND IN THE FOR OF CASH OR A CASHIER'S
CHECK IN THE AMOUNT OF 110% OF THE ESTIMATED COST OF THE WORK BEING
DEFERRED MUST BE POSTED WITH THE CITY FINANCE DEPARTMENT.
APPLICANT:
~ r&'''T\UO
PLEASE PRINT)
PHONE: ~ 11- "1\.O,?
MAILING ADDRESS:
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ZIP
SIGNATURE:
DATE
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STATE
*********.* *********************.*.*****.*.**********************..**
APPLICATION FEE:
DEFERRAL - $234.00
WAIVER - $284.00
AMT. PA I D ). 1 'f, 0 '"
RECEIPT. /0 n'-f'7
DATE 3/nh:J-
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
'Meeting Date 11/5/85
Report on placement of liens on personal and/or other property
for guaranteeing future installation of ~~d improvements
Director of Public Works/City Engineer )/'
City Manager (4/5ths Vote: Yes____No~)
SUBMITTED BY:
REVIEWED BY:
At its August 13 meeting, Council requested that staff prepare a report
regarding the following:
1. Placement of liens against personal and/or other property as a guarantee
of future installation of improvements.
2. Past problems that the City has had with surety bonds as guarantee of
faithful performance.
The following is that report with recommendations included.
RECOMMENDATION: That Council accept this report and that Council direct
staff to prepare City Code revisions to implement recommendations contained
herein.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Historically, when a developer of a parcel of land applies for a deferral of
the construction of public improvements and is granted such, he is required to
post security to guarantee future performance of the deferred work. The
security generally is in the form of:
1. A cash bond submitted to the Finance Department.
2. A lien in favor of the City against the property being developed;
3. A bond issued by a company dealing in securities and which must be
approved by the City Attorney;
According to the City Code, all these forms of guarantee are acceptable to the
City. The most desirable, from our standpoint, is the cash bond. It can most
readily be used for construction of the improvements should it become
necessary for the City to do the work.
\,.../1
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Page 2. Item
Meeting Date 11/5/85
The findings required for the granting of a deferral by Section 12.24.070 of
the City Code make it obvious that the deferral is a temporary relief from
construction of improvements. This temporary nature woul d be reinforced by
requiring a cash bond. since there would be little incentive to pursue a
deferral as a means of avoiding the expense of doing the work.
If the applicant chooses not to post a cash bond, our next preference is a
lien against the property being developed. The lien is a solid form of
bonding as the City has a legal hold on real property and the lien is recorded
with the County Recorder.
Third on the list of guarantees is the surety bond which is valid only if the
premiums are paid, usually on an annual basis. A search of our records shows
that the City has not needed to collect on a surety bond for a deferral that
has been termi nated.
The City has not to our knowledge accepted a lien on anything other than the
real property that the owner is developing. The prospect of placing a lien
against someone's personal property is not appealing. It would be impractical
to accept title to personal belongings such as vehicles, etc. It would be
possible, however to place a lien against real property other than that being
developed if it is under the same ownership.
Bonding Problems
1. Cash Bonds: This form of guarantee is the least popular with developers
and owners because they prefer to not tie their cash up for an indefinite
period. A record-search reveals only five instances where a cash bond has
been submitted in the approximately 90 deferrals that have been granted.
Cash bonds pose the least problem for the City. Even though the original
amount may be outdated after a few years. the interest gained by the City
will have helped offset the effects of inflation. Since justification for
a deferral is based upon physical surroundings (i .e.. no improvements on
block thus because of drainage, impossible to install improvements now)
rather than availability of private financing, a cash deposit should be no
more restrictive than installation of the improvements.
2. Liens: The major problem with liens is that placing a dollar amount in
the lien without an inflation factor leads the property owner to believe
that his obligation is limited to that amount. In fact. the property
owner is responsi bl e for the installation of the improvements regardless
of the estimated amount of the work at the time of the deferral. This was
the opinion of the City Attorney in 1975.
Another problem, more minor in nature, is that it takes court action to
foreclose on a lien should such a foreclosure be necessary. However, the
City Code provides for the inclusion of attorney's fees in the lien amount.
3. Surety Bonds: The largest problem with this form of guarantee is that the
bonds are valid only as long as the premiums are paid. The most cOl1lllon
premium period is one year. Some surety companies send the City status
inquiries on the bonds each year to see whether they must be renewed.
Many of the companies do not.
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Page 3, Item
Meeting Date 11/5/85
The bond amounts do not include an inflation factor, therefore, the owner
may not be aware of his true total financial obligation.
Recommended Action
Section 12.24.070 of the City Code states that the City Engineer m~ grant a
deferral for a specified period and, from time to time, may extend the
deferral. Therefore, staff recommends the following:
1. Limit all deferrals of public improvements to three years, with the
stipulation that the deferral may be terminated upon written notice by the
Ci~ Engineer at any time within the three-year period.
2. Accept only cash bonds except in cases of demonstrated hardship, when a
lien on real property may be accepted.
The lien agreement would be worded in such a way as to bind the owner to
the full cost of installing the improvements at the time the deferral is
called up and not the amount estimated at the time the deferral is granted.
3. Initiate a tickler system whereby staff will be alerted in sufficient time
so as to 1 et the appl i cant know hi s deferral is about to expi re and
further action is necessary on his part before the date of expiration.
FISCAL IMPACT: None
JWH: fp/PDOOl
WPC 1678E
l"'\" I;
ElChibit 'F"
HvLr
September 12, 1991
File # 2B-291
\
TO: Ken Lee, Assistant Director of Planning
VIA: Clifford L. Swanson, Deputy Public Works Director.
City Engineer . .
FROM: William A. Ullrich, Senior Civil Enginee<<Jfkf
Harold Rosenberg, City Traffic Engineer /If'
SUBJECT: Conditional Use Permit Application to Operate a Restaurant at 3344
Main Street
The Public Works Department has reviewed the subject proposal. We do not
propose the inclusion of any conditions of all'roval for the Conditional Use Permit.
However, we request that you provide the applicant with the following list of items
which will be required in conjunction with the building permit.
1. Sewer, Traffic Signal and Development Impact Fees
2. A separate construction permit for work performed in the public right-of-
way:
a. curb, gutter
b. sidewalk (8')
c. asphalt concrete pavement on Main Street to provide 41' half-street
width
d. Portland cement concrete paving of the alley
e. driveway approach
f. two "No Parking" signs
3. An improvement plan
.
4. A handicap parking stall in the parking lot
./
5. Underground utilities
.
Indicate existing buildings, their area, use and if they are to be removed.
HSB:cf
(CUP6.MEM)
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el1Y OF
CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
septem? '" 01
File N . ZB-291
Adolfo Castillo
57 Whitney
Chula Vista, CA 91910
ENGINEERING CHECK LIST FOR PENDING REQUIREMENTS AND FEES FOR YOUR
PROPOSED DEVELOPMENT IN THE CITY OF'CHULA VISTA
The Engineering Division has reviewed plans for a proposed restaurant
located at 3344 Main Street, which you recently submitted to the Planning
Department. We would like to take this opportunity to forward to you a
check list (enclosed) intended to provide you with information regarding
this department's requirements and fees as related to your project.
You should
finalized,
check list.
be aware, however, that until the plans for your project are
items may be added to or deleted from those indicated on the
Please read the enclosed information carefully as you may not be aware of
the many City requirements and fees at this point in the preparation of
your plans. Additionally, we urge you to contact the Department of
Building and Housing for information regarding other requirements and
fees.
We hope this notification will
surprises at a later date.
Engineering Permit Section at
have.
be of benefit to you and help prevent
Please don't hesitate to call the
(619) 691-5024 for any questions you may
JOHN P. LIPPITT
DIRECTOR OF PUBLIC WORKS
~
By:I/~H ~
~ILLIAM A~ ULLRICH, S NIOR
CIVIL ENGINEER
Enclosures
WAUjglh
tl." IS
276 FOURTH AVEiCHULA VISTA, CAliFORNIA 9'9'0/(619) 69'-502'
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I'..e No. :z..13.:L 9 I
CITY OF CBULA VISTA
. DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION
DEVELOPMENT CBECKLISI' FOR MUNICIPAL CODE REQUIREMENTS
Accordin, 10 the plllDS you recently Illbmitted 10 the P1annina DepartmeDt for review, the items noted below will
be included u conditions of -wroval of your bui1dina permit UDder the lIUthority of the Chula Vista MUDicipal
Code. For further questions reprdiilg this cheek 1ist, pleue contact our Permits Section at (619) 691-5024.
1. ~ Dedicationofstreelriahtofway p...",ele 5" hdl{'k),,[fh 011'1 MOil? Strt!eT.
2. J<I A construction Penait from this c\epartIDeIlt is required for WOJk performed in the City'. all M riaht of .
way. The work may include, but notlleO""'.rUy limited 10, the following:
t4 Curb &. auller P<I Sidewalk
i(I Driveway approach Il4 Slteel widalina
b/I PCC paving of a1Iey [ 1 Handicap ramps
[ ] Storm drain [ ] Sewer extension
[ ] Street light(s) (See Page 5 for information)
[] Replace exi.ting driveway wI curb, auller, sidewalk
[ ] Median island
[ ] Sipal relocation
[ ] Alley-type approach
,M AC &. bwo in atreel
PO.No PIJt"kllll,~:st'J"$
To obtain the construction permit, the following items must be fulfilled:
P4 Have a registered civil engineer prepare an improvement plan 10 Illbmitlo this office for review and
approval. (The City'. average processing time: 3 10 4 weeks per cheek.)
P<I Pay the prescribed fees: PIan-d1eck fee (if plllDS are necessary) is 1.26" of engineer'. estimate of the
work 10 be done; Inspection fee is 5.04" of the fina1 estimate.
P<l Submit security in the amount of 110" of the fina1 HOti...."". Security may be in any of the following
forms: IllI'Cty bond; letter of credit; cash; savings paaabook; certificate of deposit; cashier'. check
(NOTE: personal, company or third party checka are not acceptable)
~ A properly licensed contractor must obtain the permiL He must first Illbmit a certificate of inBUrance
with 1M ciry 1IlJITled os additioM/ inBUred and with the following minimum liability limits u act forth
in 'Specifications for Public Works Conattuction' (Commonly referred 10 u the 'Green Book'):
Bodily injury: $250,000 each person
$500,000 each occurrence
$500,000 aggregate products and completed operations
Property damage: $100,000 each occurrence
$250,000 aggregate
(A combined aingle limit policy with the aggregate limits in the amount of $1,000,000 will be
considered equivalent 10 the required minimum.)
NOTE: The Conatruction Penait for any public improvements must be obtained by your contractor or a
deferral of the requirements approved (See Page 5 for DEFERRAL information.) before framing or
electrical inspection may take place on your structure.
"I.
3. [] Since the plllDS Illbmitted for P1annina'. review showed no information reaardiJla proposed arading of the
site, it may be determined at the buildina permit staae that a aradina permit will be required. (If this is
the case, ace Item 4 for requirements)
(Over)
)"1-/'=:0
4i ....yb
4. [) It appears from your pl8ns that a pding permit will be required. The lollowing items must be fulfilled
to obtain the permit:
.. A pding plan must be prepared by a ft~ civil eagineer and wbmitted to this department for review ~---).
and approval. (City'a average processing time: 3 to 4 weeks per c::heck.)
b. FulfiIll,o"""'Ip\na requirements as let forth by the City 1 ....,,""ape Architect. He may be contacted at
(619) 691-5101.
c. Submit a deposit in the amaUDt of $1,000 (r'"..;nnlll\) for plan-d1eck in accordance with the City's Full
Cost Recoveiy Program.
d. Provide security in the amoUDts of: 2S" of earlhworic costs and 100" of the costs of appurteoaot structures
(i.e. fttaining walls, culverts, inlet structures, etc.) as determined by the approved enineer's estimate.
This IUftty may in the forms as stated UDder Item 2.
P1ease be advised that a building permit cannot be isIUed UDtiI certificatioo of
the rough grading has been completed by your civil and BOil engineers and 8Ubmitted
to the Engineering Divisioo's Inspectioo Sectioo.
5. ~ Undergrounding of existing oved1ead utility lines 00 site.
6. [) UndergroUDding of distribution lines and other ovethesd utilities in the right of way adjacent to your site.
7. [) An encroachment permit for your proposed facilities within the City's street right of way and/or easement.
(Call for procedure)
8. [) The wbject property falls within the 100-year flood plain.
~~~:rtw:t~t$!m:~Da"1li:wr-W::W;W:J*~~~Mr~~r~~tTf9'<-~~~"~' JZt*:;&'t~OOmf$1$X*:mm~@EW1
)
CHECK LIST OF ENGINEERING FEES
TO llE PLACED ON llUILDING PERMIT
The following fees indicated are applicable to your project and are required to be psid at the time of issuance of
the Building Permit UDder the authority of the City of Chula Vista's Master Fee Schedule and other fees and
srseSSlll"'nts as approved by the City CoUDcil:
SEWER CHARGES
DI Administrative fee of $17.00 for Sewer Connection Permit
1<1 Sewerage Participatioo Fee of $2,220 per Equivalent Dwelling Unit (EDU)
[ ) Sewer lateral instaI1ation fee for lateral from main to property line:
4-inch: $884.00 plus $24.00 per foot of chargeable length over 35 feet
6-inch: $884.00 plus $27.00 per foot of chargeable 1eogth over 35 feet
Tap into 10-inch or larger main: Add $36.00 to above fees
Tap into main located in easement instead of street: $180.00
[ ) Sewer sm """'\ per Ordinance 997: $16.00 per foot of frontage
[ ) Sewer Repayment District No. (Call for details)
[ ) Spring Valley Sanitatioo District: $130.00 per acre
DI Mootgomery Sewer Service Charges (Call for details)
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TRAFFIC SIGNAL FEES
t<I All projects proposed in the City ue IUbject to a Traffic SiJll&l Fee based on expected trip aeneration IIDd
is calculated at $10.00 per trip. (See the schedule of Trip Generation Factora on Paae 4.)
[ ] Your plans call for en1qing the exislin& facilities on lite. The trip aeneration factor will be based only
on the proposed additiOD&1 uea.
1<1 Your plans call for clwlgini the use of the exi,..;na facility. The trip aeneration factor will be calCulated
based on the difference between the elIi,..;na IDd proposed uses.
[ ] Your plans call for replacement of ID e~sting structure. The trip aeneration factor will be based on the
~~.t"" increase in trips (if any) from the old building to the new.
DEVELOPMENT IMPACT FEES
[] Your proposed project lies within the City'a Eastern Territories IDd is IUbject to f_ to cover the costs
of improvements on various roads in the City east of I-80S as followS:
Pronosed Tvoe of Proiect
:Ill!Il
Single-family detached. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,060
Single-family attached (Duplexes & condos) .................... 2,448
Multi-family (Apartments) ............................... 1,836
Commercial acre ................................ . . .. 122,400
Industrial acre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 61,200
[] Your proposed project is IUbject to the following f_ to cover the costs of elIp&nding the City's facilities:
Prooosed Tvoe of Proiect
:Ill!Il
Residential (per unit) .................................. $ 2,150
Non-residential (per acre) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,040
NOTE: This c:heck list is based only on the plans submitted IIDd does not necessarily include all final
requirements. It is intended as a way to inform you, as a developer/owner, of the aeneral
requirements IDd coats you can expect to encounter as your project develops. The requirements IDd
f_ contained herein ue only those imposed by the Engineerina Division. You should contact the
Department of Building & Housing for information reaarding additiOD&1 fees. Please do not hesitate
to call this department for further information. (Phone:(619) 691-5024)
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VEmCULAR TRIP GENERATION TABLE (ONE-WAY TRIPS)
CITY OF CHULA VISl'A COUNCn.. POLICY NO. 478..1
The Traffic Signal Fees are based on the trip generation factors contained herein. The fee is calcu1aled on $10.00 )
per trip Jeaerated per day. .
T .and liRe Catel!orv
Trip GeDeration (per day) Factor
(-T- ., trios . /. lID: ner)
Single family cIelached ...................... 12 T/Single family dwelling
Duplex. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 TlUnit
Multi-family (Condos & apartments) ............. 8 TlUnit
Seuior citizens (Condos & apartments) ............ 6 TlUnit
Mobile home . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 T/Space
Hotel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 TlRoom
Motel ................................ 10 TlRoom
Hospital. ........................... -. ., 12 TIBed OR 17 T/looo S.F. of 8lnJcture
Nursing home ........................... 3 TlBed
General office building. . . . . . . . . . . . . . . . . . . . .. 12 T/looo S.F. pf 1easable area
Medical/dental building ..................... 75 T/looo S.F. of leasable area
Shopping center:
Up to 49,999 S.F. . . . . . . . . . . . . . . . . . . . . . 115 T/looo S.F. ofteasable area
50,000 to 99,999 S.F. .................... 80 T/looo S.F. of leasable area
190,000 to 199.999 S.F. . . . . . . . . . . . . . . . . . . .. 60 T/looo S.F. of leasable area
200,000 to 499,999 S.F. . . . . . . . . . . . . . . . . . . .. 50 T/looo S.F. of leasable area
500,000 to 999,999 S.F. . . . . . . . . . . . . . . . . . . .. 35 Tllooo S.F. of leasable area
Over 1,000,000 S.F. .................... 30 T/looo S.F. ofteasable area
Commercisl shops. .. . .. . . . . . . . . . . . . . . . . . .. 40 T/looo S.F. of leasable area
Church. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 T/looo S.F. of gross floor area OR
40 T/Acre of gross site area
Church school ........................... 1.4 T/Student
Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Tllooo S.F. of floor area
Savings & loan . . . . . . . . . . . . . . . . . . . . . . . . . .. 75 T/looo S.F. of floor area
Discount store ........................... 65 T/looo S.F. of leasable area
Low tum-over, full meal restaurant .............. 55 T/looo S.F. of gross floor area
High tum-over, coffee shop restaurant ............ 165 T/looo S.F. of gross floor area
Drive-in restaurant ........................ 550 T/looo S.F. of gross floor area
Lounge ............................... 100 T/looo S.F. of gross floor area
Service station .. . . . . . . . . . . . . . . . . . . . . . . . . . 750 TlDay
Supermarket ............................ 125 T/looo S.F. of gross floor area
Convenience market (Open 16 hours) . . . . . . . . . . . . . 320 T/looo S.F. of gross floor area
Convenience market (Open 24 hours) . . . . . . . . . . . . . 575 T/looo S.F. of gross floor area
Industria1. ............................. 5 T/looo S.F. of gross floor area OR
60 T/Acre of gross aite area
General light industrial. ... . . . . . . . . . . . . . . . . .. 5 T/looo S.F. of gross floor area OR
50 T/Acre of gross site area
Industria1 parle. .......................... 8 T/looo S.F. of gross floor area OR
70 T/Acre of gross aite area
Manufacturing. .......................... 4 Tllooo S.F. of gross floor area OR
55 T/Acre of gross aite area
Warehousing. ........................... 5 T/looo S.F. of gross floor area OR
60 T/Acre of gross aite area
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. NOTE: Where alternative generation factors are provided, that which JIlSU1ts in the higher total vehicle trip .
generation shaI1 be used in computing the Traffic Signal Fee.
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DEFERRAL INFORMATION
In ~ce with Section 12.24.070 of the Chula Vista Municipal Code, the owner/developer may apply for
a c1efenal of the requirement to install the public improvements. Defenals may be Jr8Dted for any of the following
-:
1. JnstaI\ation of the improvements would create a bazardous condition.
2. Improvements installed at the project site would be inoompatible with the present development of the area.
3. InPAllotion of the improvements would be premature ~A"'" of the existing conditions of the IIIn'OUIlding
area.
4. It would be desirable to have improvements installed as an oven1\ project.
NOTE: Defenals may not be Jr8Dted for reason of financial hardship.
Please be advised thoJ the Deferral process ""'Y toh 3 to 4 wuks and thoJ the DeferrallllllSt be granted or the
ColIStTUcton Pmnb for the worlc IIIIISt be issued befon framing or .JectriClll inspection ""'Y toke place on your
strIlctlln.
To apply for a c1efenal, you must complete the neceswy form avai\able at the Engineering Division counter. The
application must be accompanied by a fee in the amount of $234.00.
If the c1efenal is Jr8Dted, a cub bond in the amount of 110" of the -<i_.'..! value of the work being deferred
must be posted with the City.
imi.HNM$.immrM~7WfA~L %:;~; 1;.
WI'W'a\!'!i!
hin'fMf':'::'::'~::il.@l@m#m
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PROCEDURE FOR THE INSTALLATION OF STREET LIGHTS
If the checldist indicates the requirement to install street light(s), the following steps are required:
1. The developer, his engineer or contractor applies for a construction permit from this department to install
the street light. (Also see checldist for permit requirements.)
2. The Permits Section will check with the Traffic Section to cletermine the exact location of the required street
light.
3. Upon providing this location to the developer or his agent, the c1eveloperlagent contacts San Diego Gas &
Electric to obtain the desired service point location.
4. The developerlagent must submit a planlsketch showing all of the following:
A. Street light location
B. Service point
C. Conduit size, type and location
D. Pull boxes
E. Wire sizes
S. The Traffic Section reviews for approval .
6. Permits Section issues permit with two copies to Inspection Section.
"I.
Check list by:
?L' f3~L
Date:
9/13/'1
. ,
Phone:(619) 691-5024
Page 5
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CITY OF CHULA VISTA
E N GIN E E R I N G D I V I S ION
BUILDING PERMIT CHECKLIST
EPtibrt
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JOB ADDRESS "5'3l...!L{ M..A.IU Sl
ASSESSORS PAR. NO. 623-'2... \2. - \'\0(::':>
1ST CHK DATE:2-'-9,- 2ND CHK: 3RD CHK: 4TH CHK:
APP"'"' v 1&0
THE ITEMS CHECKED BELOW HAVE NOT BEEN SATISFIED. APPROVAL OF THE BUIIDING PERMIT BY
THIS DEPARTMENT SHALL BE WITHHELD PENDING CD1PLIANCE:
SEE NOTE t
(
I ] RECORDED SUBDIVISION MAP REQUIRED FOR ~INIUMS.....................
I ] LEGAL DESCRIPTION OR IDENTIFI~TION OF JOB SITE........................
[ ] GRADING PERMIT IS REQUIRED.............................................
fi)(LCONSTRUCTION PERMIT IS REQUIRED FOR:
1M" CURB AND GUTTER l)<], ASPHALT OR C'ONCRETE PAVING I] SIDEWALK RAMP
M SIDEWALK I ] SEWER MAIN EXTENSION I ] SIDEWALK UNDERDAIN
1M... DRIVEWAY APPROACH I ] STREET LIGH'j (S) ~ OTHER... SEe NDT~ ~ I
f1 SUBMISSION OF PUBLIC IMPROVEMENT PLANS NEEDED..........................
DRIVEWAYS AS SHOWN DO NOT CXlMPLY WITH CITY STANDARDS...................
] ENCROACHMENT PERMIT REQUIRED............:..............................
r.>q UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES REQUIRED.................
[ ] DmlCATION OF RIGHT-OF-WAY REx;)UlRED....................................
I ] SHOW L~TION OF EXISTING/PROPOSED SEWER LATERAL.......................
[ ] SEWER LATERAL BACK-FLOW PREVENTER REQUIRED.............................
[ ] SHOW EXISTING EASEMENTS OF RECX>RD......................................
II :: ~~~:~~~~ =I::~O:~~T~~:~~~.~:.:~:.~:.:::::~.~.:~::::::::: \
( ] SHOW PROPOSED FINISHED FLC~R ELEVATION.................................
[ ) SHOW STRUCTURES REMOVED OR TO BE REMOVED...............................
I ] WHAT IS THE ESTIMATED EARTlMlRK? IMPORT cu. YOS. EXPORT cu. yos.
I ] REVISE ORIGINAL PLANS AND RESUBMIT THROUGH THE BUILDING DEPARTMENT
NOTES:...I) PAVE ~LL-e'{ gEc.-"TrC:>/J \k.lltr"t-\ ?eC P.....Vlf-JG
-Ttuo "NO ~A.e..t:..\~(;" '51 (;,\..Js,
\
..,5 I X. II
-IJ-J'~EI-J .0 f'~V 1l>E.. L.t I Ft
f-\-A.LF PAVt:.ME.IU, WIDTH
r--
NOTE: IF A CONSTRUCTION PERMIT IS REQUIRED AS PART OF THIS PROJECT, IT MUST BE
OBTAINED FROM THIS DEPARTMENT PRIOR TO ~ING TIlE BUILDING DEPARTMENT FOR A FRAMING
OR ELECTRI~ INSPECTION.
( plan check by.: Q-Yz.- \\~
(SEE OTHER SIDE)
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CITY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
.
ExA; 1>,.t 1: . , ~ 2.
March~
File ZB- 91
Mr. Ado1fo castillo
57 Whitney street
Chu1a Vista, CA 91910
MI TIERRA MEXICAN RESTAURANT, 3344 MAIN STREET
In response to your letter dated February 21, 1992, the estimated
cost of the street improvements required under your building permit
for the subject property is $12,500 (see Exhibit A). In addition
to installing the improvements, the owner will be required to
dedicate an additional 11 ft. for street purposes to the City of
Chu1a Vista.
There are two alternatives available in lieu of installing the
public improvements. One would be to apply for a waiver of the
public improvements, which falls under Section 12.24.060 of the
Chula vista Municipal Code and the other would be to apply for
deferral of improvements, which falls under Section 12.24.070 of
the Code. Waivers are considered by the Planning commission and
are placed on their agenda after receiving the required fee of
$284.00 and an application. This process would be used if you were
requesting to have the improvements deleted all together. Should
a waiver be requested and the Planning Commission deny the request
for waiver, that item could be appealed to the City Council. A
deferral of public improvements requires the submission of an
application and $234.00 as a fee. As indicated above, the
Municipal Code indicates when deferrals may be granted.
Should a deferral be grahted, it would be granted by either the
City Engineer or, upon appeal, the City Council. Included as an
attachment to this letter is the section of the Municipal Code
which refers to both waiver and deferral of public improvements and
a copy of the waiver/deferral application form. Please review the
sections to determine which, if any, you wish to pursue.
\"1"22..
276 FOURTH AVE'CHULA VISTA. CALIFORNIA 91910'(619, 691.5021
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Mr. Adolfo Castillo
-2-
March 4, 1992
We have reviewed the sewer capacity charge for your restaurant and
agree that determining this fee on the basis of floor usage and
seating capacity as was originally done resulted in an inordinately
high capacity charge for your facility.
The charge has been recalculated on the basis of fixture units and
after reduction for the previous use has been established at
$3,640.80. Your sewer service charge will be $38.53 per month.
This rate also has been reduced in recognition of the fees<paid for
the previous use of the property. If you have any further
questions, please contact Bill Ullrich at 691-5261.
D L. SWANSON
PUBLIC WORKS DIRECTOR/
ENGINEER
WAU:dv/nm
Enclosure
(WAU\CASTILLO.LTR)
11.. )..3
CITY OF CHULA VISTA
1,/\
~.~ 11
[lay 12, 1992
~O,
COUNCIL MEHBERS
FRal:
ADOLr""'O CASTILLO
57 IIHITIJEY STREET
CHUIA VISTA, CA 91910
(619) 476-0993
RE:
.zIPPROVAL OF LIEN ON 3344 r;,p,:LN STREET.
HR. [-lAYOR, COm;CIL rilllBERS:
I AOOLFO CASTILLO, ON AUGUST OF 1991 INITIATED THE PROCESS TO
OBTAIN 2\ PERMIT FOR THE RENOVATION OF AN EXISTING BUILDING TO ACC011'KJDATE
L 346.5 SF OF RESTAURAHT VlITIl A r-lAXIl1UH CAPACITY OF 35 PERSONS. SEE
EXHIBIT A. RECEIPT OF SUB.'1ITTAL FOR CONDITIONAL USE PEPJ,lIT (C.U.P.) . LATER
RETURlJ TO O'iNER IN FULL BEC.z\USE 1'1' lIAS NEVER REQUIRED.
AFIER SEVEN rlOliTHS OF PROCESSING AND OBTAINING !'.PPROVALS FRCM THE
110UTGOr1ERY CCn'UTTEI:, THE SOUTHEAST REDEVELOP/lEt."i' PROJECT AREA CC1c1l',UTTEE.
'i'HE CHUIA VISTA DESIGN REVIE\'1 AND THE REDEVELOpt''lENT AGENCY lIE FIliMLY OB'IAINED
A CONDI'i'IONAL USE P&~lIT (Sl'IR-CPEl) FOR 5 YEARS IIITH AU &X?ENSION OF FIVE
YEARS AFIER STAFF REVIEl1, SEE EXHIBIT B.
ON DECErlBER OF 1991 I'IE SUBHITTED DRAlllNGS FOR A BUILDING PEP1UT.
TO THIS POIlU' lIE HAVE OB'I~Z\mED APPROVALS FRO'1 BUILDING AND HOUSING. LilNDSCAPE
DEPAR'I~IE!IT'. FIRE DEPAR'l1'1ENT. HEALTH DEPAR'TI1ENT AND PLANNING DEPAR'll1ENT.
ON FEBRUARY 18, I'IE HAD A r1EETING vlI'l'H MR. Sl1ANSON TO DISCUSS TIlE
ENGINEERING REQUIRErlENTS AIID THE FEES I!<.VOLVED CONCERHING TIlE STREET
mPRGViliE!';:;'S ArID THE SEI'iER C.Z\PACITY FEE. .Z\T THAT POIN'i' HE STATED THAT lIE
COUll; ,<'IJ?PLY FOR A DEFERRZ\L AI'iD THAT A LIEN Ol" THE PROPERTY COULD BE ACCEPT;,;D
m LIEU OF TEE CASH OOtID. REG.Z\RDING THE SEVIER CAP.".CITY FEE HE SAID TIl;W
HE COULD nOT DO Ai."\jYTHING ABOUT I7 MID THAT lIE SHOULD PAY THE FEE.
AFIER IlEETUlG III'1'H /lR. SlIN'lSON I'IE SOUGHT HELP AT THE [1AYORS OFFICE
.'1ND m: 11HERE ATTElIDED BY rIRs. S:iAUNA, S'IDKES IIRO AT THAT POIlTI' IN 'i'Il,lE liAS
,'HE ASSISTM,TI' OF THE [1AYOR. lVE DISClJSSED TIlE PROBLEl'l lIE HAD REGARDUlG THE
ENGIl\iEERING DEPAR'lNEtiT REQUIREr1ENTS AI'iD SHE OFFER TO HRLP US. SHE TALKED
TO ['JR. Sl'iANSO~i .~ID PERSUADED HUf 'ID RE-EVALUATE THE SEllER CAPACITY FEES
AilD TO RE'.lIEl'J ';,'HE STHEET UJPROVEr<lENTS REQUIREXlENTS. [.'JRS. STOKES viAS MOST
HELPFUL AJ:ID SUCCESFULL Iii ~lAKUlG A CITY EX,JPLQYEE RE-EVALUATE THE REQUIRErillITS.
ON FEBRUARY 21. iIE REQUESTED A RE-EVALUATIOIl OF TIlE SEllER FEES
;>Jill 'TIlE STREET IMPROVEl1EN'IS (SUGGESTED BY rIRs. STOKES.)
ON r1ARCH 4. lIE RECEIVED A LETI'E.'l. II< RESPONSE SIGi:IED BY 1-'JR. Si,AtlSON
SEE EXHIBIT C. TIlE RESPOllSE lIAS AS FOLLa1:
A) A $12.500 STREET mPROVEllEtTI' ESTIl1A'l'E l'1AS ES'l'.Z\ELISH MID A SUGGES'I'ION
'10 OBTAIN A \iAIVER OR DEFEI'U(.lIL liAS REC()\~I\ill)iTIED.
B) A DEDICATION OF 11 FEET FOR STREET PURPOSES l'iAS REQUIRED.
C) THE SEIlER CAPACITY FEE HAS REDUCED FRO"l $ 10,800 TO $ 3.640.
ON HARCH 23, VIE APPLIED FOR Z\ DEFERRAL, AFI'ER REVIElm:G TIlE ATTACHED
COPY OF THE 1lUHICIPAL CODE BY Ill< S>lANSON IN HIS PREVIOUS Lt.""'l'ER AiID FRO!!
I;HAT I-IR. SlIAL,SOIl SUGGES'l't:lJ 'i'lHEN m: IIEET PREVIOUSLY. lIE APPLIED FOR A DEFERR.'\L
KEEPIHG IN NIND \JP.A'I' SEcrIOI~ 12.24.070 STA'J'ES:
III THE EVEN? 'IRAT THE I/lPROVEJ:1ElI.'TS ARE DEFERRED, THE PROPERTY OimER
SHALL DEPOSIT I'iITH 'YliE CI7Y A SUM EQUAL TO THE ESTHlA'ilill COST OF THE
U-lPROVE/IEIlTS, AS APPROVED BY THE CITY ENGIIIEER, PLUS TEN PERCEL-lT OF
SUCH COS':' _ OR IN LIEU THEREOF- SHALL POST A BOIID SAID AlICUNI ,"3 APPROVED
BY 'lliE CITY ATTORNEY. IF IT IS DETERI,UllED THAT THE REQUIREl'lENIS FOR
THE mSTALL.1\TION OF SAID PUBLIC I/1PROVEl'''ENTS IIILL NOT BE I>lECESSARY
l'iITHIU A RE.1\SONABLE AlID FEASIBLE TI/-IE PERIOD. THE PROPERTY OiINER llAY
GRANT TO THE CITY. IN LIEU OF SAID CASH DEPOSIT OR BOIID, A LIEL, UPOIJ
HIS PROPERTY IN THE ANOUNI' ESTI/.lATED BY THE CITY EliGmEER TO BE SUFFICIEi'1T
TO INSTALL SUCH PUBLIC I/.lPROVEllEili'l'S, AT SUCH TI/.lE !'.8 THEY SHi'LL BE
REQUIRED,..... .
AiID l-lHAT I.ll<. SliAi~SON STATED ABOUT A LIEN TO 'iliE PROPER7Y IN OUR PREVIOUS
,.lEETING. .
ON APRIL 15, lIE STARTED 'YliE PROCESS FOR THE DEDICATION OF 'TIlE
11 FEET FOR STREET \HDENIliG. ALL PAPER \'IORK lIAS REVIEWED BY THE E/1GmEERIUG
DEPAR'IHENT ArID RE"i'URJ.'IDJ TO US FOR SIGNATURES ArID NOTARIZATION.
TODAY AFTER AlJ'1OS'I' TEN l-lOi:o;'THS OF PROCESSmG lIE f\.'(E SEEKING HELP
FRUl TIlE llAYOR AiID THE COUNCIL llEIlBERS TO ACCEPT A LIEL, TO THE PROPERTY
IN LIEU OF THE CASH A/.lOUliT"
IN RESPONSE TO THE COUNCIL AGEi'.'DA STATEl'IENI REPORT. E,'aiIBIT D, SUBHITIED
BY DIRECTOR OF PUBLIC llORKS AIID REVIE\\1E!) BY CITY !'lANAGER. I-IE RESPOND AS
FOLLOi."
A)
THE REPORT OF NOVEl'lBER OF 1985 I1ENTION IN '"HE AGEl'illA REGAPJ):;:UG
LIEl. .l\.GREEHENTS ON DEFERHALS liAS !'lEVER lolEt-lTIOll TO US AI-ID ONLY
A COPY OF SECTIONS 12.240060 MID 12.24.070 OF THE ~~lICIPAL
CODE lIAS AT'I'ACHED ON THE LETTER BY I-JR. SIIANSON ON rl.1\RCH 4TH.
B)
THE FAG T'rill,T lIE OiVN THREE OTHER RESTAURAliTS SHOULD i~OT BE
TAKEN IIJ'I'O P.cCOilllT FOR FINANCIAL PURPOSES. OllLY TO IlillICl':rE
THAT lIE HAVE EXPERIENCE IN THE RES'I'AURAlJT BUSI!>lESS.
C)
PROJECT BUDGET / FINAijCIAL STATUS OF THIS RESTAURAl'\1T
PROJEcr TOTAL BUDGET
$ 60.. 000 AVERAGE COST FOR AN ES'l'ABLISH
RESTAUR1\!'lT IN FULL OPERATION
PROJECT COST ESrlllATE
'l'DTAL COST
$ 6,000
$ 18.000
$ 19,000
$ 45.000
-------
$ 88,000
OONSTRUCTION PLANS AI\'D ENGItoiEERING
REIJT PAID UP TO TODAY. DUE TO DELAY
ESTI/.lATED PERHJ.T COST
Ii lPROVE/lENT COST
5 YEA'( OPERATIOH PER/liT GRAI-lTED BY THECIT'I OF CHUlA VISTA.
AS l,lEI;:"i'ION IH THE COUNCIL AGElillA STATE[.]ENT "...A PROJEcr SUCH AS
THIS. THE GOAL IS FINANCL'\L Glo.m FRCtl T1t"E VE!;lTURE..."
HR. 1olAYOR , COUNCIL 1m.lBERS I HOPE THAT NY DREAM OF OPENING A
RESTAURANT ON I.JAIN STREEl' COI'1ES TRUE, HY nfl'El'1TIONS ARE THE BEST FOR THE
UJPROVEr1ENTS OF lliIS AREA, \~ HAVE MEEl' ALL THE REQUIRElIENTS THAT THE CITY
OF CHUL.I\ VIS'l'A HAS IlIDICI\TED, BUI THE.ll.E ARE LDUTS. A CONDITIONAL USE PERI'U'l'
FOR FIVE YEARS DOES NO!' SECURE rlE THAT 1IT BUSINESS \/ILL BE BENEFIT FROI'l
THE STREEl' ilJPROVtllENTS AND THE DEVELOPHENI' TrlA'I THE CITY FORESEE IN THIS
AREA. FRO/I THIS I THINK THAT ITS HOT FARE FOR tlE 'l'HE TENANT TO POST THE
CASH AJlIOUNT FOR SOI-lE il-lPROVE/lENTS THAT MAY NOT llAPPEN DURING NY OPERATION
AND THAT IN LIEU A LIEN TO THE PROPERTY \/ILL BE ACCEPTED.
1lR. 1'lAYOR, COUNCIL tlElljBERS PLEASE DON'T STOP OUR FAJI.ULY DREAI'l.
/l S~
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CITY OF CHULA VISTA
FINANCE DEPARTMENT
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F202 Rev. 4/79
MISCELLANEOUS 0
No. D99200
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EXHIBIT B
C1lY OF
CHUlA VISTA
PLANNING DEPARTMENT
March 19, 1992
Ado Ho Cast i 11 0
57 Whitney Street
Chula Vista, CA 91910
Dear Mr. Castillo:
Subject: Request for a Special Use Permit (SWR-CPE1) to remodel existing
building in the ILP zone for use as a restaurant
The Zoning Administrator has considered your request for a Special Use Permit
to establish a restaurant at 3344 Main Street (APN 623-212-1900). After
reviewing your proposed site plan and the existing conditions in the immediate
vicinity of the subject property, the Zoning Administrator has been able to
make the required findings to grant your request which is hereby approved
subject to the following conditions:
Plannina Deoartment
1. The Special Use Permit is granted for a period of five years.
2. That an additional extension of five years shall be granted once the
project has been reviewed by staff and a favorable recommendation is
submitted to the Zoning Administrator.
3. The proposed project shall adhere to all conditions and requirements
slated by the City Engineer, Design Review Committee, Fire Department, and
the C 1 ty I S Landscape Arch"j teet.
Failure to comply with any condition of approval shall cause this Special Use
Permit to be reviewed by the City for additional conditions or revocation.
Findings of fact are as follows:
1. The subject proposal calls for the remodeling of an existing building and
buffering impacts to the residential property to the west and north, and
landscaping the proposed site, in accordance with the Landscape Manual.
2. The proposed land use and building is consistent with the requirements and
guidelines of the Montgomery Specific Plan, and City's Townscape Manual.
3. Although the proposed use (restaurant) is of a commercial nature, the site
in question is zoned light industrial (ILP) and due to its limited size,
would preclude industrial development.
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/16191691-5101
Ado lfo Cast ill 0
Page 2 .
March 19, 1992
4. The proposed project would promote the orderly physical and economic
development of the Southwest Redevelopment Project Area.
You have the right to appeal this decision to the Redevelopment Agency. Such
appeal must be received by this office within ten days of the date of this
letter. In the absence of said appeal, the decision of the Zoning
Administrator is final.
Failure to use this Special Use Permit within one year from the date of this
letter shall cause the Special Use Permit to become null and void unless a
written request for an extension is received anc granted prior to the
expiration date.
STEVE GRIFFIN, AICP
SENIOR PLANNER
cc: Fire Marshal
Building & Housing
City Clerk
Zoning Enforcement
City Engineer
City Landscape Architect
F1
CITY OF CHULA VISTA
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EXHIBIT C
CllY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
March 4, 1992
File # ZB-291
Mr. Adolfo castillo
57 Whitney street
Chula vista, CA 91910
HI TIERRA MEXIcAN RESTAURANT, 3344 MAIN STREET
In response to your letter dated February 21, 1992, the estimated
cost of the street improvements required under your building permit
for the subject property is $12,500 (see Exhibit A). In addition
to installing the improvements, the owner will be required to
dedicate an additional 11 ft. for street purposes to the City of
Chula vista.
There are two alternatives available in lieu of installing the
public improvements. One would be to apply for a waiver of the
public improvements, which falls under section 12.24.060 of the
Chula vista Municipal Code and the other would be to apply for
deferral of improvements, which falls under section 12.24.070 of
the Code. Waivers are considered by the Planning Commission and
are placed on their agenda after receiving the required fee of
$284.00 and an application. This process would be used if you were
requesting to have the improvements deleted all together. Should
a waiver be requested and the Planning Commission deny the request
for waiver, that item could be appealed to the City Council. A
deferral of public improvements requires the submission of an
applicdtioli and $234.00 dS d :fee. As indicated above, the
Municipal Code indicates when deferrals may be granted.
Should a deferral be granted, it would be granted by either the
City Engineer or, upon appeal, the City Council. Included as an
attachment to this letter is the section of the Municipal Code
which refers to both waiver and deferral of public improvements and
a copy of the waiver/deferral application form. Please review the
sections to determine which, if any, you wish to pursue.
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021
Mr. Adolfo castillo
-2-
March 4, 1992
We have reviewed the sewer capacity charge for your restaurant and
agree that determining this fee on the basis of floor usage and
seating capacity as was originally done resulted in an inordinately
high capacity charge for your facility.
The charge has been recalculated on the basis of fixture units and
after reduction for the previous use has been established at
$3,640.80. Your sewer service charge will be $38.53 per month.
This rate also has been reduced in recognition of the fees paid for
the previous use of the property. If you have any further
questions, please contact Bill Ullrich at 691-5261.
.
,~
~~,~-'
CLIFFORD L. SWANSON
DEPUTY PUBLIC WORKS DIRECTOR/
CITY ENGINEER
WAU:dv/nm
Enclosure
(WAU\CASTILLO.LTR)
CITY OF CHULA VISTA
. ,
~iH(BIT A T/
CITY OF CHULA VISTA
ENGINEERING DIVISION
I.
COST ESTIMATE
File: rG; 2...91
Date: !.iJi1.1
Prepared by:. -
Checked by:
OJECT TITLE: 3544 VVlAtIV SfteEE'r
UNIT
10. ITEM QUANTITY UNIT PRICE AMOUNT
57 ~r:;. I,' 0 5,00
70 7W 50;00 '$$04,00
,.:5 LF 13 ,00 '17 /t)
75 s,1= ~.oO lZS/~O
E / OC(J,O() 1000.OD
g,DO 4 o.()C)
~"li)
c.Y P.o ~/~l) I c,<<)
.
-E-132
(C\ESTIMATE.FRM)
.
12.24.070 Requirements deferred when-Deposit or bond required when-Appeal of denial.
A. In the event that the installation of all or any of the improvements required by Section 12.24.040
would, if presently installed, create a hazardous or defective condition or be impractical, or if said
installation of any or all of said improvements would be incompatible with the present development
of the neighborhood or be impractical or premature because of the existing condition of the
surrounding property, or that it would be desirable to install said improvements as a part of the
overall plan for the development of public improvements in a certain area, the property owner or his
agent may apply to the city engineer for a deferral of the requirements of this chapter, stating the
grounds and reasons therefor.
B.
If the city engineer, at his discretion, feels that such grounds or exceptions are reasonable and that
the requested deferral should be granted, the city engineer may exempt such applicant from the
requirements of this chapter, subject to the conditions set forth herein. Any exceptions to the
requirements for the installation of public improvements may be limited to a specific period of time
by the city engineer, or may be subject to the determination of the city engineer as to the time at
which said improvements should be installed. In the event that the improvements are deferred, the
property owner shall deposit with the city a sum equal to the estimated cost of the improvements, as
approved by the city engineer, plus ten percent of such cost, or in lieu thereof, shall post a bond in
said amount as approved by the city attorney. If it is determined that the requirements for the
installation of said public improvements will not be necessary within a reasonable and feasible time
period, the property owner may grant to the city, in lieu of said cash deposit or bond, a lien upon his
property in an amount estimated by the city engineer to be sufficient to install such public
improvements at such time as they shall be required, and said lien shall also provide for reasonable
attorney fees and costs in the event that it becomes necessary for the city to foreclose upon such lien;
provided further, that said agreement shall stipulate that should said lien be extinguished by
foreclosure of prior liens or otherwise, the improvements may be installed or provided by city and the
cost thereof become a lien against said property as provided in Section 12.12.070.
"
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C. The city engineer may, from time to time, extend the period of deferral; however, such extension of
time shall be conditioned upon the continued effectiveness of a valid cash deposit, bond or lien, as
established herein. The applicant for a deferral of such improvemerits shall pay a fee as presently
designated, or as may be in the future amended, in the master fee schedule to cover investigation and
processing of such requests.
D. The denial of a request for a deferral of public improvements may be appealed to the city council in
the same manner as provided for appeal for requests for waiver of public improvements, as set forth
in Section 12.24.060.
(Otd. 188091,1979; Ord. 1811 ~1 (part), 1978; Ord. 1205 ~2.27.507).
(R 11/91)
746
,
12.24.050 Compliance prerequisite to issuance of certain certificates.
No final inspection, completion certificate, or certificate of occupancy shall be issued for any building
or structure installed or erected after July 18, 1969 until complete compliance shall be had with the terms
and requirements of this chapter. (Ord. 1205 ~2 (part), 1969; prior code ~27.505).
12.24.060 Requirements waived when-Pee-Appeal of denial.
A The property owner or his agent may apply to the planning commiSSion for a waiver of the
requirements of Section 12.24.050 in circumstances and conditions including but not limited to the
following:
1. Where adequate improvements of the nature and type required already exist;
2. Sidewalks may be waived where the topography is such that the installation of sidewalks would
be impracticable;
3. Where the street or alley, for practical reasons, has not or cannot be readily graded to the
established grade;
4. Where installation of sidewalks would be hazardous to pedestrians because of grade;
5. Where the city council has, by resolution, in conjunction with the development of a subdivision
or otherwise, waived or modified requirement of curbs, gutters, sidewalks, paving or dedication,
or any combination thereof, which resolution shall include a finding that due to the nacure of the
topography or development in the area, the installation of said improvements would not be
feasible or consistent therewith.
B. The applicant for a waiver of improvements shall pay a fee as presently designated, or as may be in
the future amended, in the master fee schedule to cover the cost of investigation and processing of
such request. The fee is payable prior to planning commission consideration of the request. Such fee
is not refundable.
C. In the event that the planning commission shall deny the request for a waiver of said improvements,
the property owner or his agent may appeal said denial to the city council, by filing said appeal with
the city clerk within ten days from the date of such ruling of the planning commission. The council
shall thereupon, at their next regular meeting, or at such time tl'lereafter as they may designate,
consider the waiver of such requirements, in accordance with the circumstances and conditions set
forth herein, provided such findings shall be made by resolution of the city council. If the city council
shall fail to act upon said appeal within twenty days of filing the appeal, the waiver shall be deemed
to be approved.
D. If the erection of new struccures as contemplated by this article is to be undertaken in subdivisions
approved by the city council wherein sidewalks have not been required as a condition of the map and
have purposely been omitted, no application for waiver or deferral shall be required.
(Ord. 1811 U (part), 1978; Ord. 1240 ~9, 1969; Ord. 1205 ~2 (part), 1969; prior code ~27.506).
745
(R 11/91)
EXHIBIT 0
COUNCn.. AGENDA STATEMENT
Item
Meeting Date 5/12/92
ITEM TITLE: Report regarding the request by Ado1fo Castillo for a lien agreement in
lieu of posting a cash bond for the deferral of public improvements at
3344 Main Street
SUBMITIED BY: Director of Public wor~ ~
REVIEWED BY: City Manager (4/5 Vote: Yes_No.AJ.
The lessee of the property at 3344 Main Street is converting part of the building on the site to
a Mexican food take-out restaurant. The City has required that he install public improvements
along the frontage of Main Street. He applied for and was granted a deferral of this requirement
with a condition that he post a cash bond in the amount of $12,500. He requested that the City
accept a lien on the property instead of posting the cash bond. As approved by Council in 1985,
it has been the position of the City that lien agreements on deferrals are approved only in cases
of demonstrated hardship.
RECOMMENDATION: That Council accept this report and deny the applicant's request to
enter into a lien agreement in lieu posting a cash bond.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Mr. Adolfo Castillo, lessee of the property at 3344 Main Street, submitted plans for a tenant
improvement to the existing building at that site. He intends to operate a Mexican food take-out
re;,taurant with seating for approximately 38 persons. As the plans were routed through the
Engineering Division, the requirement to install street improvements was imposed, Sii1ce tile
valuation of the work on site was estimated at $47,000. The Municipal Code requires
installation of improvements and dedication of right of way when the value of improvements is
over $10,000.
Mr. Castillo requested a deferral of this requirement. Section 12.24.070 of the Municipal Code
provides that a deferral may be granted if, in the opinion of the City:
"the installation of any or all of the improvements... would, if presently installed, create
a hazardous or defective condition or be impractical, or if said installation... would be
incompatible with the present development of the neighborhood or be impractical or
premature because of the existing condition of the surrounding property, or that it would
be desireable to install said improvements as a part of the overall plan for the
Page 2, Item
Meeting Date 5/12/92
development of public improvements in a certain area...."
A copy of that section of the code is attached as Exhibit B.
It should be noted that the findings required for the granting of a deferral by section 12.24,070
of the Municipal Code, as described above, make it obvious that the deferral is a temporary
relief from construction improvements because of existing conditions. This is not a waiver of
improvements, nor a relief from the fiscal responsibility to install improvements, and the Code
requires that the property owner financially provide for the improvements by making a deposit
with the City in an amount equal to 110 percent of the estimated cost of improvements. The
Code also provides tl1at the property owner can provide a lien on the property.
The deferral request was approved by the City Engineer on April 21st. Attached as Exhibit C
is a copy of the staff report approving the deferral. Mr. Castillo was verbally advised of the
approval, however, a letter has not been sent to Mr. Castillo formally advising him of that fact.
As indicated in his letter of March 23, 1992 requesting a lein on the property in-lieu of a cash
bond, Mr. Castillo was aware of our intent to defer the improvements well before the formal
approval process was completed. Attached as Exhibit D is a copy of Mr. Castillo's letter
requesting a lien instead of the cash bond. The grounds for granting the deferral were that there
are no other improvements in the area (nor were there any other deferrals which would make
a project feasible) and that the best means of installing them would be as an overall improvement
project. One of the conditions of the approval of Mr. Castillo's request was that he post a cash
bond in an amount equal to the costs of installing the improvements, the survey, design and
construction staking for the work, plus a 10% contingency, totalling $12,500. Mr. Castillo
states that putting up the cash is not possible due to his fmancial status and has requested that
the City accept a lien. He stated that the owner of the property is willing to offer that lien but
has not produced a letter from the property owner agreeing to the lein. He states that his
hardship is caused by being financially broke due to the time delay in obtaining the permit and
having to pay the rent during this time.
In November, 1985, after discovering how difficult it was to call up surety bonds securing
deferrals, staff presented a report advising Council of the difficulties with the security process
then in effect, and made some recommendations. A copy of that report is attached as Exhibit
E. The Council accepted the report on November 5, 1985. As provided for in this report, City
staff accepts liens on real property only in cases of demonstrated hardship. This has not been
demonstrated by Mr. Castillo.
Other than his statement that he is financially broke due to paying the rent during the time delay
involved in obtaining the permit, Mr. Castillo has not furnished staff any information on which
we can make a fmding of financial hardship. Mr. Castillo has indicated to us that he owns three
other similar restaurants (one in Chula Vista and two in National City). From staff's viewpoint,
when a deferral is granted for a commercial project such as this, the goal is fmancial gain from
the venture and should be required to secure the future improvements with a cash bond.
Page 3, Item
Meeting Date 5/12/92
Based on the facts stated herein, staff recommends that Mr. Castillo's request for a lien
agreement be denied and that he be required to submit a cash bond. Disapproval of the lien
agreement does not void Mr. Castillo's deferral, he can still proceed by depositing the required
cash bond with the City.
In connection with this, however, Mr. Castillo was advised several months ago that a dedication
of 11 feet of right of way would be required before the City would approve the building permit.
The requirement for widening was included as a statement on our response to the Conditional
Use Permit Application in September 12, 1991. Mr. Castillo was sent a letter transmitting the
check list of Engineering Division requirements on September 13, 1991. These communications
are attached as Exhibits F and G. Although this did not specifically mention the need for 11 feet
of right of way, it did mention the total required right of way. Mr. Castillo was advised in
writing on March 4, 1992 that 11 feet of right of way will be required. These communications
are attached as Exhibits H and I. Mr. Castillo still has not provided that document. Once we
have the deed, if the Council approves the lien, we would approve his building permit, but
would hold up occupancy until the lien agreement is received by the City. It normally takes up
to two weeks to prepare a lien agreement, get the required signatures and have it approved by
the Council. Staff would expedite the preparation of the lien agreement.
FISCAL IMPACT: None.
JWH
PD-147
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GRORGH F. BAILEV
.U""IItVlSO... .J:CO"'C I)d;TINICT
C:WAU.,"AN
.^~ glt:CIO COUN,.... ~AJlltD O~ .U"IEJlltVI.O...
April 22, 1992
Tim Nader, ~ayor
city of Chula vista
276 Fourth Avenue
Chula vista, California 91910
Dear Mayor Nader:
This letter is to invite you to join with the Board of supervisors
in a conference on solid waste issues. As you know, the County of
San Diego has historically assumed the responsibility for planning.
siting. development funding, operations and maintenance of solid
waste facilities for 17 of the 18 cities and the unincorporated
areas in the region. However, the passage of AS 939, the California
Integrated Wacte Management Act of 1989, changed this historic role
by assigning more responsibility to the cities.
solid waste management is in a tremendous state of transition. In
addition to the recent system changes resulting from legislative
action, solid waste management has also been impacted by significant
local growth, increases in development and maintenance costs,
technological advances and a major change in social values which
have moved from burying waste to an increased emphasis on reducing,
reusing and recycling our garbage.
All of these system and policy changes take time and planning.
Their resolution requires a continuous dialogue between the county
and the cities in the San Diego region. AS you are aware. the City
and County Managers Association (eCMA) has been meRting with the
staff of the County's Chief Administrative Officer and dilcussing
the possibility of institutional changes in solid waste management
in San Diego county.
cou""'" ADMINI....IIl:.TIOIII C5NfI;_ t.OO lI'.a.c.f"C HIGHWAY' "oq;hl **e .AN DI'OO. CAU'OIllHlA e. 1 01 18'.' .., .....
ILt:AJOH DFF"lCl . alOI ~"""''"'tr''..Uln:t'I'' C",C,l.JON,CA '.1010 .lelt)..I..UJ"l'
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.
Mayor Nader
-2-
April 22, 1992
To addreSS some of the issues before us, the CCMA ann the county
feel that a regional summit on solid waste management is n~eded.
The purpose of the summit would be to open dialogue on three central
solid waste management issues: organizational structure, partici-
pation agreements and host/tip/mitigation fees.
The Board of Supervisors has called for the County to sponsor a
Regional Conference on Solid Waste Management Issues and I would
like the city of Chula Vista and the 17 other citi.s to co-sponsor
the Conference with us. We have scheduled the conference for May
20, 1992, from 9:00 a.m. to 12:00 p.m., in plaza Hall at the san
DiegO Concourse, 202 "CO street, and would like you to appoint two
elected officials to participate in the discussions on your city's
behalf.
please contact the office of oeputy chief Administrative officer
Lari Sheehan by May 11, 1992. confirming your city'S participation.
A packet of information containing an agenda, logistical information
and issue papers will be forwarded to your representatives prior to
the meeting. If you have any questions, p1~as. call Lari Sheehan at
(619) 531-5274. I look forward to working with you on this
important issue and hope to see you on May 20.
Sincerely,
George F. Dailey
Chairman
San Diego county Board of Supervisors
GFB:dmc
ec: County Board of Supervisor. (A-SOO)
Chief Administrative Officer (A-6)
.1>
ALCOHOL & DRUG ABUSE PREVENTION TASK FORCE
April 15, 1992
APh 16
The Honorable Tim Nader
Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
..
"...--J
Dear Mayor Nader:
Enclosed is the information you requested regarding the Second
Call Ordinance. I included sample "notices" that other cities
are using to inform homeowners regarding the ordinance. In
addition, is a report on the progress ADAPT has made with County
wide adoption of the ordinance.
I would like to take this opportunity to recommend an amendment
to the ordinance. This amendment is in regards to the collection
procedures of the fine, once the homeowner is billed. The ADAPT
Legislative Action Committee has unanimously approved the
amendment that would put a lien on the homeowner's property
taxes, in order to guarantee payment.
Please call me if you have any questions, 688-7948.
Sincerely,
JULIE ANTHIER
Community Project Specialist
'~d-I /lqJ-L
MalDng addreaa: 5384 Uncia Viola Road. Suite 304, San Diego, CalIfornia 92110 (619) 688-7947
(.It!
SECORD /'!llT.T. ORDI1IDlIfCE
All ORDIJIIUlCE OF THE CITY OF ( )
PJrr.Jl"I1fG '!O THE USE OF POLICE SERVICES U
PARTIES, I3.'l'lmDTRGS OR JSv__.J:S OR PRIVlLTE PROk'IIoK["X
Purpose & Intent: The City of finds and
determines that the control of parties, gatherings or events on
private property is necessary when such continued activity is
determined to be a threat to the peace, health, safety or general
welfare of the public. Police officers have been required to
make several return trips to a location of a party, gathering or
event in order to disperse uncooperative participants. The
return of police officers to a location constitutes a drain of
manpower and resources, often leaving other areas of the city
without minimal levels of police protection. These conditions
create a significant hazard to the safety of the police officers
and to the public in general.
Definitions.
A. "Party" includes a gathering or event where a group of
persons have assembled or are assembling on private property for
a social occasion or social activity which may constitute a
disturbance of the peace in violation of California Penal Code
Section !>15.
B. "Responsible Person" is the person who owns the property
where the party, gathering or event takes place and/or the person
in charge of the premises and/ or the person who organized the
party, gathering or event. If the person responsible for the
event is a minor, then the parents or guardians of that minor
will jointly and severely be liable for the costs incurred for
second and subsequent city responses.
C. "Cost of second and subsequent responses" includes the
salaries of the police officers, at the salary then in effect for
each classification of each individual officer, for the amount of
time actually spent responding to or remaining at the party,
gathering or event; appropriate overhead; the actual cost of any
medical treatment to injured officers, and, the cost of repairing
any damaged city equipment or property. The cost shall not
exceed five hundred dollars ($500.00) for a single incident.
'D. "Special Security Assignment" is the assignment of
police officers and services during a second call to a location
after the distribution of a written warning that the party,
gathering or event violates the law.
First Response.
A. During a first response to a disturbance of the peace
occurring on private property, the responding officer(s) may 1~4-~
among other things, deliver to the responsible person or persons
a "notice of violation: first response" which shall contain a
message substantially as follows:
This violation is given to you as a result of a first
response of the city of to a disturbance of the
peace occurring in violation of penal code section ~15. You
will be charged all city personnel and equipment expenses
incurred as a result of any second or subsequent responses
to this location."
B. The "notice of violation: First response" may contain
other information as deemed necessary by the city manager to
accomplish the purposes of this chapter.
Subsequent Responses
A. If the city is required to respond a second time to a
disturbance of the peace and a "notice of violation: first
response" has been delivered to the responsible person or
persons, then the city shall commence computing the response
costs.
B. A statement of the charges incurred by the city in its
second and subsequent responses shall be prepared and delivered
to the responsible person or persons.
C. The amount of the charge shall be deemed a debt to the
city of the responsible person or persons who shall be liable in
an action brought in the name of the city for the recovery of
such mnount, including reasonable attorney's fees.
Billin~. The chief of police shall notify the director of
finance in writing. Following the rendering of police services,
the name and address of the person responsible for the cost
thereof, and such other information as may be required. The
director of finance shall thereafter cause the appropriate
billings to be made.
Confidentialitv. Information furnished and served pursuant
to this chapter shall be confidential in character and shall not
be subject to public inspection and shall be kept so that the
contents thereof shall not be known except to persons charged
with the administration of this chapter or pursuant to a court
order.
\~d - y
Foreword
Government Code orovisions adooted. and collection of
assessments. The provisions of Section 39580 through 39586,
inclusive, of the Government Code of the State are incorporated
by reference and can be made a part of this chapter. The County
Auditor can enter each assessment in the County tax roll opposite
the parcel of land. The amount of the assessment shall be
collected at the time and in the manner of ordinary municipal
taxes; and, if delinquent, the amount is subject to the same
penalties and procedure of foreclosure and sale as is provided
for ord~nary municipal taxes.
~-d-~
POLICE CHIEF SURVEY REGARDING THE SECOND CALL ORDINANCE
As of July 1991 there were twelve out of the eighteen cities
that adopted the second call ordinance. As of March 1992, every
city in the county has adopted the second call ordinance with the
exception of Chula Vista. The County of San Diego has also not
adopted this ordinance according to County Counsel.
At this point only six cities have enforced the ordinance.
According to Sergeant Garity, the City of Encinitas has had two
cases that resulted in billings. There have been over 100
responses to parties and disturbances and at this date only two
second call responses have resulted. Sergeant Garity feels the
threat of the ordinance has acted as a valuable deterrent to the
homeowners and responsible parties that are involved in
disturbance type calls.
The City of Santee has also enforced the second call
ordinance but at this time there has only been one billing which
amounted to $99.33.
In Escondido the second call ordinance has been enforced and
has been a success. According to officer Roger Konczak, the
ordinance has been effective in minimizing the number of second
call responses. A warning pamphlet is signed by ~~y resident who
is responsible for the initial police visit. If police are
summoned to the residence again the officers have the option of
billing the responsible party for service costs. Officer Konczak
said the billings are tagged on to the resident's water bill for
the cost of the second response.
National City has had three billings at this point. MS.,qd-k,
Terril Bettencourt says there have been two billings for less than
$200 and one billing for $10,000. The city has yet to collect on
any of their billings. In the unusual case that totaled $10,000,
there were 25 officers injured, 2 officers hospitalized and damage
to several of the responding units.
As of this date, the remaining thirteen cities have not
enforced the ordinance. The consensus among the cities that have
not yet enforced the ordinance indicates that it is a relatively
new ordinance that will be implemented in the near future.
~~-1
POLICE CHIEF SURVEY REGARDING THE SECOND CALL ORDINANCE
All of the cities that have second call ordinances were contacted by
mail. We asked the police chiefs to describe any problems they have
encountered with the enforcement of the second call ordinance.
Those police chiefs that did not respond were called by staff to give
the chief a second chance to respond to our questions.
(A) Carlsbad:
Provided a sample of the "Public Safety
Service Fee Disturbance Notice of
Violation". Has a clearly stated 2nd call
ordinance in the Municipal Code. There were
no enforcement problems mentioned.
(B) Chula Vista
The only City that has not adopted the 2nd call
ordinance.
(C) Coronado:
Provided a sample of the "Notice of
Violation: First Response". Admitted they
have never had to use the 2nd response
ordinance.
(D) Del Mar:
At this point the City has never had to process
the 2nd call ordinance. Also admitted that the
City was out of forms for the first warning of
the Second Call Ordinance and that the forms
are being redesigned. Mentioned he would like
to be able to charge the responsible party for
first response.
(El EI Cajon:
A Sergeant at the EI Cajon Police
Department was unaware of the Second Call
Ordinance. ADAPT informed him of the
municipal code the ordinance was under.
The Sergeant investigated the issue and called
ADAPT excited about the Second Call
Ordinance. He mentioned the fact that the
City could make money on this ordinance.
(F) Encinitas:
There have been two billings at this time. The
ordinance has been a valuable deterrent.
Homeowners do not like the idea of being faced
with the possibility of being billed for a
second response.
IG) Escondido:
The enforcement has been a success. The cost
for a second response is attached to the
homeowner's water bill.
(H) Imperial Beach: Has adopted the ordinance but has not
implemented it yet.
\l1.d. - ~
(I) La Mesa:
(J) Lemon Grove:
(K) National City:
(L) Oceanside:
(M) Poway:
(N) San Diego:
(0) San Marcos:
(P) Santee:
(Q) Solana Beach:
(R) Vista:
(S) County of S.D. :
According to the finance department there has
been one billing which has been collected.
Ordinance not in effect yet.
Has enforced the second call ordinance,
billed the responsible parties, and has ~,
to the best of our knowledge, collected the
fees. One of the billings is for $10,000.
Ordinance not in effect yet.
Has adopted the ordinance but has not enforced
it yet.
Did not receive a response to this survey.
Has adopted the ordinance but has not enforced
it yet.
Has enforced the ordinance and billed the
responsible party.
Ordinance not in effect yet.
Ordinance not in effect yet.
Ordinance not adopted.
l'ld-q
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''':;:'::,:~':~ '.~~:S:: !~. ::~?0;:;: .;D~it.;!'!E. ~E;~OVE :J:1E?
:~:..- ::..~::::': ':.'.~:':::g'~':' ~SC:::':;::" ::3~JP 3.\O;'l3~ ':;:;:~::~1
l4d ~ l \
CITY OF CARLSBAD
POLICE DEPARTMENT
"LOUD PARTY"
PUBLIC SAFETY SERVICE
FEE
DISTURBANCE
NOTICE OF VIOLATION
DISTURBANCE VIOLATION
CITY OF CARLSBAD
POLICE DEPARTMENT
This NOTICE OF VIOLATION DOES NOT
consitute an arrest. It has been issued to you
as a result of a disturbance in violation of
California Penal Code Section 415 (Loud and
Unreasonable Noise). You were previously
admonished that any additional Police
response to your location would result in a
service fee charge for all personnel and
equipment costs, or other damage and
p-xpenses, during the second and subsequent
}urns to this location. You will be billed by
the City of Carlsbad for all costs described
above.
, \G.4 - 14
INITIAL CALL
Date Time
RETURN CALL
Date Time
RESPONSIBLE PARTY
First
Middle
Last
D.O.B.
Phone
Residence Address
City
Zip
Location of Violation(s)
Signature of Responsible Party
Signature of Officer
Supervisor at Scene
Comments:
~:
,.;
FILE COpy
~.
\
I
May 11, 1992
TO:
FROM:
SUBJECT:
Councilman Jerry Rindone
John D. Goss, City Manage~
Response to Questions regarding the May 12, 1992 Agenda
Following are staff's responses to your comments/questions regarding items on the above
referenced Council agenda.
ITEM 11 - RBF Agreement
1. Has this practice of providing an additional funding cap for undescribed services
ever been used before.
Yes, this has been used in several cases.
2. If so, please provide detailed explanation.
As an example, as part of the contract for the preparation of plans on the Otay Lakes
Road/Telegraph Canyon Road project, in one of the amendments, a contingency in the
amount of $20,000 was approved by Council. The Agreement for the Otay Lakes Road
project was for a far larger amount than on the Broadway project and the $5,000 we are
requesting is more appropriate to the scope of the Broadway project.
Another project when this approach has been used is the contract with TorStan, Inc. for
consulting services in connection with removal and cleanup of the paint pit at the
Corporation Yard. Staff received authorization, based on preliminary estimates, for
a maximum cap on services by TorStan, Inc., but did not authorize the firm to do that
much work. Staff will only authorize such work on the immediate next phase, and then
only that is in accordance with the Council approved contract.
3. Can we grant or give our authority away as provided in Section II, Paragraph 2,
on Page 11-71
It is staff's view that Council is not giving away any authority by allowing staff to
approve a minor scope of work increase on a project in order to expedite that project.
Staff's experience is that nearly every major construction project requires the design
engineer to answer questions and assist with details that come up during the
construction process that cannot be foreseen in the design stage. With Council's
approval of a minor amount of additional work, staff does not have to come back to
Council with several very minor amendments that will cause time delays to process and
hold up the contractor.
Staff does have somewhat analogous authority re lated to public works construct ion
projects. In these instances, under City Council policy number 574-01, as approved by
Resolution 12507, the Director of Public Works is allowed to approve -single change
orders on construction projects in an amount of no more than $5,000, and the City
Manager single change orders up to $10,000. Further, the aggregate amount of all
.
change orders which can be approved by staff under that policy is 10% on projects up
to $100,000 in cost; 5% on contracts between $100,000 and $1,000,000; and 2% on
contracts over $1,000,000 in value. As stated in the original Policy statement, the
delegation of this limited authority would result in significantly expediting these
projects. The use of this authority on consultant contracts is based on the same
principal.
ITEM 14 - Assessment District 91-1
1. Is this assessment of $3,656 per EDU excessive?
There are two criteria that are used to determine excessive assessments.
1. The total annual payment of assessments and property taxes should not
exceed 2% of the market value of the house, and
2. The total lien of the property should not exceed the ratio of 3:1.
Exhibit A indicates that criteria #1 is met significantly below the 2%.
Criteria #2 is also met.
This amount for DIF Streets is used for all assessment districts in the Eastern area
that are within the DIF area. The DIF amount is $3060 per SFD. In addition, costs for
assessment district administration, bond discounts, and bond reserve of 10% are added
to the DIF amount. If the Assessment is paid off early, a pro-rated amount of the bond
reserve is returned in the payoff calculation. The $3,656 assessment is the total
assessment per Single family lot. The annual payment is usually around 10% of that
amount or $365.60.
ITEM 16 - Agreement regarding Mural
1. Is there a provision to state the murals are the property of the City once they
are completed?
Yes. In Section 4, Riaht. Title and Interest to the Work, which is on Page 16-26 of
the Agenda Statement, language has been included which states:
Upon fina 1 payment to the ARTIST, a 11 right, tit le and interest to the Work sha 11
become vested in the City of Chula Vista except as specified herein. The ARTIST
wi11 retain a11 right, title and interest to any designs which are rejected by
the City, as we11 as any incidental designs resulting from the work.
Is there a provision to state the City may change, repaint or alter the mural
once the City has received the completed mural(s) from the artist?
2.
Yes, please see Page 16-25, Subsection v, Oualitv of Finished Product (attached).
3. How many lawsuits over previous murals painted by the muralist has he filed? '"
Staff knows of one lawsuit which is against the San Diego Unified School District, y/
where the Sch.ool District-!,-emovec!_L~al!~at_th~ arti~st and_community had painted pn If:
._the school wlthout notlfYlng the artlst nr tlie commUnltv. .
4. What has been the result of these law suits or the current sta~us of any pending
lawsuits?
The lawsuit is still pending litigation.
5. Once the City has received the completed mural, may the City replicate the mural
on other mediums (e.g., cards, flyers, stationery)?
Yes, Paragraph 1 under Section 4 Riaht. Title and Interest to the Work. on Page 16-26
discusses this.
The City shall have the right to graphically reproduce the art produced by the
ARTIST solely for the purposes of publicity or exhibition, provided that such
reproduction is credited to the ARTIST per the Ca 7ifornia Art Preservation Act
Copyright Law.
NOTE: The City Attorney will be presenting amended language to certain sections of the
agreement at the May 12 Council meeting.
JDG:mab
cc: Mayor and City Council
rindone
r'~',
"~ \, t'l'\,\'\'"l.V\', "'-','t. l@-o-.....
COMMITTEES
CHAIRMAN, ELECTIONS,
REAPPORTIONMENT &
CONSTITUTIONAL AMENDMENTS
BANKING, FINANCE AND
BONDED INDEBTEDNESS
GOVERNMENTAL ORGANIZATION
REVENUE AND TAXATION
~ssemhlv
<Unl Hnndn 1llegislnture
PETER R. CHACON
ASSEMBLYMAN SEVENTY -NINTH DISTRICT
SAN DIEGO, ENCANTO, LEMON GROVE, PARADISE HILLS
& PORTIONS OF BONITA & SPRING VALLEY
STATE CAPITOL
P.O. BOX 942849
SACRAMENTO, CA 94249MQOO1
(916} 445-7610
DISTRICT OFFICE
1129 G STREET
SAN DIEGO, CA 92101
(619) 232-2405
DAVID J. VALLADOLlD
CHIEF OF STAFF
J. ERIC HEREFORD
FIELD REPRESENTATIVE
RUDY C. MURRIETA
FIELD REPRESENTATIVE
CHAIRMAN, ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
May 12, 1992
Honorable Tim Nader
Mayor, City of Chu1a Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mayor Nader:
I am writing to ask for your endorsement of Assembly Bill 2685.
The bill will transfer title of one acre parcel of land that is
now owned by the State of California to the local governmental
entity, the City of Chula Vista. The City will lease or give
the land in question to the Council of Pilipino American
Organizations (COPAU) for use as a cultural center and/or
community based organization. I have attached a copy of the
bill and a copy of the parcel (D-16864-01-01).
The parcel is located off of Highway 54 and Trousdale Drive.
Representatives from COPAU can explain what activities they plan
for their center.
All I am asking is that you endorse the concept by supporting
the bill so that we can work together to ensure this project is
a success. Should you have any questions feel free to contact
my Chief of Staff David Valladolid at (619) 232-2405.
Sincerely,
ffJ.Q1:L UlA..urr-
PETER R. CHACON
~
Printed on Recycled Paper
TCi:CHACCiN
MAY-12-' 92 FR I 16: 05 I D: ASSE~IBL Y~IAN CHACO,I TEL NO: 916 327 9696
))
AMENDED IN ASSEMBLY MAY 11, 1992
CALIFORNIA LEGlSL\TURE-I99I-U2 REC1.JUR SESSION
ASSEMBLY BILL
No. 2685
Introduced by Assembly Member Chacon
February 13, 1992
An act relating to highways.
LEGISLATIVE COUNSEL'S DIGEST
AB 268.5, as amended, Chacon. Highways: disposition of
property.
Existing law authorizes the Department of Transportation
to acquire real property for highway purposes, and prescribes
the manner of disposing of property acquired but not needed
for those purposes. .
This bill would require the department to choose 1 of 2
parcels of real property in the City of Chuls Vista that is no
longer required for highway purposes, to convey to the
Council of Filipino.American Organizations of San Diego
County, Inc. ; Il.fiSlleeifiea reelllrellerfj ift ~ CStIftty ef Stlft
Diega ft6 ISDger r tlltliI 68 ~ hi~h W&I) PtlYf3638S -: .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State.mandated local program: no.
The people of the State of California do enact as follows:
1 SECfION 1. The Department of Transportation shall
2 choose one of the following parcels of real property in the
3 City of (.:'hula Vista that is 110 longer required for highway
4 purposes, to convey to the Council of Filipino-American
5 Organizations of San Diego County, Inc.; f'eM I'rsI3erty
6 ift tfte eell.ftty ef S- Diege \'tRieR i\! fie laager rt!~~reel
( 7 ~ higkway ~l:Irpe3e3, ft!l falle"l. B.
9690
~707 P02
TCI:CHACClH
MAY-12-' 92 FR I 16: 06 I D: ASSEMBL YMAN CHACO~I TEL NO: 916 327 9696
11707 P03
J;
AB 2685
-2-
1 -fttT 1111;
2 (8) PEJrcel No. 16864-01-01.
3 (b) Parcel No. 17360-01-04.
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SUBMITTED BY: RICHARD A. COOK
(619) 425-9880
HAY 12TH, 1992
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236 F STREET, CHULA VISTA - ZONED C-O
March '90
~Offer" was accepted by Seller, escrow was opened.
April
The property had been erroneously designated R-l by
Planning Dept (Ex A) during it's "Listing" period.
I brought this mistake to the attention of the City
Council, whereas it was rectified.
Experienced my first encounter(s) with Planning,
Design Review, Engineering, Building, Fire, etc (The
Dept's).
May
Escrow closed. Continued wrestling with The Dept's.
The following items are only a partial list of the
requirements MANDATED by the City of Chula Vista:
1) A "Variance" is required due to the sin-
gle-wide driveway (Ex B). However, I spoke
with the Podiatrist who's office is directly
across the street. He said that neither
he nor any of his patients have ever had a
problem WITH HIS SINGLE-WIDE DRIVEWAY.
Actual cost: $175.00 (application fee)
July
2) The "Variance" is granted (Ex C), but not
without Four+ (4+) expensive/time-consuming
strings attached.
Actual cost: $3,500.00 (PITI)
3) A "Design Review Application" and Fee is
required (Ex D).
Actual cost: $200.00 (application fee)
Sept.
4) "Design Review" grants it's approval about
forty (40) days later, with notification
that any 'appeal' must be made within ten
(10) days. However, this approval is not
given without it's own "EIGHT+ (8+) ITEM
LIST" of costly requirements (Ex E).
Actual cost to me: $2,320.00 (PITI)
Projected cost(s) to meet DR requirements:
31,000.00 for site (Ex F
,000.00 for bldg (Ex F-2)
5) Misc. "Permit" Costs to date: $234.60
(Ex G)
1
Oct.
Made the decision to abort moving my business, and
to sell. Asking price: $195,000.00 as per a
similar "comparable" located at 310 I St., which
sold that month for $192,000.00. (Ex H).
Nov.
Paid Mestler Construction $2,250.00 for futile time
spent with The Dept's (Ex I).
FROM NOVEMBER '90 TO PRESENT
Have utilized every standard method of marketing real estate:
Board Of Realtor Multiple Listing Service
FOR SALE sign on front lawn
Newspaper ads
Direct mail flyers to doctors, CPA's
Price reduction (now asking $175,000.00)
Hand-outs distributed to Real Estate Offices
Increase standard real estate commission to 4%
Telemarketing
Word Of Mouth
1.5 legitimate/applicable interested party(s) per day:
Doctors
Accountants
Psychologists
Lawyers
Massage Therapist
Insurance Brokers
Real Estate Brokers
Chiropractors
Dentists
Architect*
*The architect has shown most interest. Even has given
first offer - $160,000.00. Why so low? BECAUSE OF "THE
REQUIREMENTS!!! The architect said, "They seem to be
everything they can to stop you from selling that house".
me my
DEPT'S"
doing
TOTAL OUT OF POCKET COSTS TO DATE (after rental income is deduct-
ed, but not including downpayment and closing costs): $41.329.60.
Please read the excerpts from the Peter Ueberroth "Council on
California's Competitiveness" report.