HomeMy WebLinkAboutAgenda Packet 1998/08/04
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Tuesday, August 4, 1998
~OO~~ . .'
(immediately following the City Counc,l Meetmg)
Council Chambers
Public Services Building
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
b amendments to the Brown Act. Unless the City Attorney, the City
::{:~~ ~:;::/Ci~~~:::~es~~;: ot~:",;:: at this time, the Council will discuss ~nd ~~Iiber~te on t~e f~~;;~~;
items of business which are permitted by Inw to be the subject of a closed sessIOn ISCussI.on, an ~ I '1'
Council is advised should be discussed in closed session to best protect,the intere~ts of thde C'IJ.. The d ~tC~t;~
. 0 en session issue any reports of final actIOn taken In close seSSIOn, an e v
re:Ulre~:w~;/od;:~:t~~ ;icallength of time taken up by closed sessions, the videotaping will be t~mlin:ted
: t~~; point in :rder to save costs so that the Council's return from ciflofised ;ess:?n, ;:f:::~{ Z:~~::~:.~ t~n ~;~
and adjournment will not be videotaped. Nevertheless, the report 0 Ina ac IOn
minutes which will be availnble in the City Clerk's Office.
1.
CONFERENCE WITH LEGAL COUNSEL REGARDING:
1.
Existing litigation pursuant to Government Code Section 54956.9
In Re: Whitewater Canyon LLC. Case No. 98-08520-A11
.
.
Fritsch v. City of Chula Vista
2.
Anticipated litigation pursuant to Government Code Section 54956.9
2.
REPORT OF ACTIONS TAKEN IN CLOSED SESSION
Agend2
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August 4. 199~
CLOSED SESSION
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the
Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the
sabject of a closed session disCUSsion, and which the Agency is advised should be discussed in closed session 10
best protect the interests of the City. The Agency is required by law to return to open session, issue any reports
of iklEl action taken in closed session, and the votes taken. However, due to the typical length of time taken up
by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's
return from closed session, reports of iklEl action taken, and adjournment will not be videotaped. Nevertheless,
the report of final action taken will be recorded in the minutes which will be available in the Office of the
Secrerary to the Redevelopment Agency and the City Clerk's Office.
7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LmGATIO!\ _ Pursuant
to Government Code Section 54956.9(c), Initiation of Litigation
One case.
8. COlI/FERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
Propenyl
340-368 Bay Boulevard (5 parcels totaling 3.65 acres):
567-022-35
567-022-17
567-022-31
567-022-33
567-022-28
340 Bay Boulevard
350 Bay Boulevard
360 Bay Boulevard
364 Bay Boulevard
368 Bay Boulevard
1. 02 acres
0.65 acres
0.73 acres
0.63 acres
0.62 acres
Negotiating Parries:
Redevelopment Agency (Chris Salomone); San Diego Unified Por: District:
B.F. Goodrich
Under Negotiations:
Purchase!!ease terms and conditions
Agenda
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AUgUSI4. 1998
CLOSED SESSION
Unless Agency CormseI, the Executive Director, or the Redevelopment Agency states otherwise at this time, the
Agency will discuss and deliberate on the following item(s) of business which are permitted by law 10 be the
subject of a closed session discussion, and which the Agency is advised should be discussed in closed session 10
best protect the interests of the City, The Agency is required by law to return to open session, issue any reportS
of final action taken in closed session, and the votes taken. However, due to the typical length of time laken up
by closed sessions, the videotaping will be terminated at Ihis point in order to save COSIS so that the Agency's
return from closed session, reports of.fkl!!l action taken, and adjournment will not be videotaped. Nevertheless,
the report of final action taken will be recorded in the minules which will be available in the Office of the
Secretary 10 the Redevelopment Agency and the City Clerk's Office.
7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LmGATIO!\ - Pursuant
to Government Code Section 54956.9(c), Initiation of Litigation
One case.
8. COl'lTERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
Property:
340-368 Bay Boulevard (5 parcels totaling 3.65 acres):
567-022-35
567-022-17
567-022-31
567-022-33
567-022-28
340 Bay Boulevard
350 Bay Boulevard
360 Bay Boulevard
364 Bay Boulevard
368 Bay Boulevard
L 02 acres
0.65 acres
0.73 acres
0.63 acres
0.62 acres
Negotiating Panies:
Redevelopment Agency (Chris Salomone); San Diego Unified Pon Dislricl:
B.F. Goodrich
Under Negotiations:
Purchasellease terms and conditions
Tuesday, August 4, 1998
4:00 p.m.
"I declare un1er penalty of perjury that I am
em)Io 'ej b',' e:e '.:i~:'/0[ "~:~~lIJa Vista in the
Oi'"dce c' (~ i~' ". .":' that I posted
this '\::;l ".1 '.~ ~~\.,ihr(in Board at
~~T~~'~,3 /~;~;~D c at i Hall on
Council Chambers
ublic Services Building
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SfLENCE
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY: None.
CONSENT CALENDAR
(Items 5 through J J)
The staff recommendations regarding the following items listed under the Consent CaLendar wilL be enacted 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 discussion. If you wish to speak on one of these items, pLease fiLL out a
"Request to Speak Fonn" avaiwbLe in the lobby and submit it to the City CLerk prior to the meeting. Items pllLLed
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of bllsiness.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on July 28, 1998, there were no actions taken which are
required under the Brown Act to be reported. It is recommeoded that the letter be received
and filed.
B. Letter of resignation from the Cultural Arts Commission - Thomas J. Erhardt. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Oftice aod the Public Library.
C. Letter from Virgil Pina, Vice Chair, Human Relations Commission, requesting that a traffic
signal be installed at the intersection of Broadway and Flower Street. It is recommended that
statf be instructed to infonn Mr. Pina that the City Council awarded a contract tor the installation
of a tramc signal at Broadway and Flower Street on July 14, 1998 and that construction will be.gin
shortly.
D. Letter from Hilltop High School Cbeerlellder Booster Club requesting a $500 donation to
help sponsor a Celebrity Basketbllll gllme. They bope to raise $2500 toward travel and
competition expenses for the USA National Competition to be beld in either Texlls or Florida.
Since the request does not meet the criteria for funding organizations established in Council Policy
159-02, as there is "no tangible bendit to the City," it is recommended that the request be denied.
In past years, requests to attend national tournaments from Miss Softball America, the Chula Vista
Girls Amateur Softball Association, the Swed Revenge Softball Team, the A YSO All Star Team,
and the San Diego County Boys Baseball Organization have been denied.
Agenda
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August 4, 1998
6. RESOLUTION 19121 APPROVING CITY -WIDE ETHICS STATEMENT - The Board of Ethics is
proposing a City-Wide Ethics Statement for Council's consideration and approval. Once approved, the
Board of Ethics proposes that the City-Wide Ethics Statement be disseminated to all City employees and
officials and that it be included in new City employee orientation materials packets. Further, the Board
proposes that the City-Wide Ethics Statement be made available to the public. The purpose of the City-
Wide Ethics Statement is to encompass into one statement the City's commitment to standards set forth in
the Statement. Staff recommends approval of the resolution. (Deputy City Attorney Gross)
7. RESOLUTION 19122 APPROVING REQUEST FROM THE BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITA FEST AND BONITAFEST
PARADE - The Bonita Business and Professional Association is requesting permission to conduct the 26th
Annual Bonitafest and Bonitafest Parade on Saturday, September 26, 1998. They are also requesting a
temporary street closure of Bonita Road for the parade. The street closure would involve Bonita Road
between Willow Street and Central Avenue. Staff recommends approval of the resolution. (Chief of
Police)
8. RESOLUTION 19123 W AIVlNG THE BIDDING PROCESS AND APPROVING AN AGREEMENT
WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND
FOR OPERATION OF THE CHULA VISTA TENNIS CENTER - Tbe Cbula Vista Tennis Center bas
been operated by Frank Chaboudy under a series of agreements with the City since November of 1985.
A new agreement has been prepared to continue his professional tennis services for an additional three and
one-half years. Staff recommends approval of the resolution. (Library and Recreation Director)
9.A. RESOLUTION 19124 APPROVING FINAL "A" MAP NO.1 FOR CHULA VISTA TRACT NO.
96-04, OT A Y RANCH SPA ONE VILLAGE 5, REJECTING ON BEHALF OF THE PUBLIC EAST
PALOMAR STREET, OLYMPIC PARKWAY AND THE EASEMENT FOR STREET AND PUBLIC
PURPOSES; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC
DRAINAGE EASEMENTS AND ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND
ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION:
ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF
DEDICATION OF FEE INTEREST OF EAST PALOMAR STREET, OLYMPIC PARKWAY AND
THE EASEMENT FOR STREET AND PUBLIC PURPOSES, LOT "G" FOR PUBLIC PARK
PURPOSES, LOT "H" FOR OPEN SPACE AND LOT "1" FOR PUBLIC IMPROVEMENTS - On
November 19, 1996, Council approved a portion of the Tentative Subdivision Map for Tract 96-04, Otay
Ranch SPA One (Otay Ranch Villages One and a portion of Village Five, excluding 288 acres located in
a portion of Villages One and Five). On March 25, 1996, Council approved a portion of the Tentative
Subdivision Map 96-04 (Otay Ranch Village Five, Neighborhoods 28, 29, 30, 31 and 39). Condition
Number 117 of the resolutions require the developer to submit and obtain City approval of a master final
map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots.
All "super block" lots created are also required to have access to a dedicated public street. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19125 APPROVING "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NUMBER 96-04, OT A Y RANCH SPA ONE PORTION
OF VILLAGE 5 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
10. RESOLUTION 19126 DECLARING THE INTENT TO ANNEX PARCEL NUMBER 639-160-32
AND THE RIGHT-OF-WAY FOR EAST NAPLES STREET ON THE SOUTHERN BOUNDARY
TO OPEN SPACE DISTRICT NUMBER 18 AND SETTING THE Tl1\1E AND PLACE FOR THE
PUBLIC HEARING FOR 6:00 P,M. ON SEPTEMBER 22, 1998 - The tinal parcel map to subdivide
Parcel Number 639-160-32 is currently in process. The parkway along East Naples Street to the south of
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August 4, 1998
this parcel, which is part of the right-of-way for East Naples Street, is adjacent to Open Space District
Number 18 but has not yet been officially annexed to the District. Staff recommends approval of the
resolution. (Director of Public Works)
11. REPORT CITIZEN PARTICIPATION ON THE COORS AMPHITHEATER EVENTS PLANNING
AND COORDINATION TASK FORCE - The Events Planning and Coordination Task Force for the
Coors Amphitheater was formed to develop and monitor the Events Management Plan to insure the smooth
operation of the amphitheater and minimize negative impacts on the community. At the time of approval
of the amphitheater project, Council discussed citizen participation and feedback, particularly concerning
impacts to residential developments bordering Brandywine A venue since they aTe the closest residential
community to the amphitheater (at least until Dennery Ranch is completed). Staff proposes to facilitate
citizen participation by inviting two representatives from these communities to participate in future meetings
of the Events Planning and Coordination Task Force. Staff recommends Council accept the report and
authorize the Mayor to select two representatives from the Point Rohinhood and Brandywine Townhomes
to represent the community on the Events Planning and Coordination Task Force. (Director of Community
Development)
* * * END OF CONSENT CALENDAR * * *
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject mailer within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (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 "Request to Speak Under Oral Communications
Fonn" 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 purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Font'" available in the lobby and submit it to the City
Clerk prior to the meeting.
12. PUBLIC HEARING TO CONSIDER PLACING DELINQUENT SEWER CHARGES ON THE
RESPECTIVE PROPERTY TAX BILLS FOR COLLECTION - Council shall consider placing
delinquent sewer charges on the respective property tax bills for collection at the time set for hearing
together with any objections or protests by interested parties. At the conclusion of the hearing, Council
shall either approve the account as submitted or as modified or corrected by Council. Council shall then
approve a resolution assessing such amounts as liens upon the:: re::spe::ctive parcels of land as they are shown
upon the last available assessment roll. The amounts shall be charged to the property owners on the next
regular tax bill. Staff recommends approval of the resolution. (Director of Finance) Continued from
tbe meeting of July 28, 1998.
RESOLUTION 19127 ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
* * * Staff will be availahle in Conference Room 1 to respond to any concerns * * *
Agenda
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August 4, 1998
13. PUBLIC HEARING ADJUSTMENT OF THE TELEGRAPH CANYON DRAINAGE FEE - The
fees established in 1990 for the Telegraph Canyon Drainage Basin improvements were last updated on April
21, 1998 using the Engineering News Record "Construction Cost Index." The fee was increased by
16.75 % to $4,579 per acre. The last update using revised cost estimates and benefit areas as a basis was
in 1992. At that time, however, due to various factors, the fee remained unchanged at $3,922 per acre.
Since a public hearing is not warranted at this time, stan recommends that the item be tabled. (Director
of Public Works) Continued from the meeting of' July 14, 1998.
14. PUBLIC HEARING DECLARING THE INTENT TO INCREASE THE OPEN SPACE DISTRICT
NUMBER 10 ASSESSMENT ON THE BELLA NEVONA SUBDIVISION - On May 26, 1998, Council
approved the proposal to: (1) subdivide a parcel consisting of 5.25 gross acres into 28 lots for the Bella
Nevona subdivision ranging in size from 5,000 square feet to 8,300 square feet; (2) amend the development
standards contained in the Ranchero Sectional Planning Area to allow a reduction in minimum lot sizes and
set back requirements; (3) order the initiation of assessment ballot procedures applicable to the parcel for
which it is proposed that the Open Space District Number 10 assessment will be increased; and (4) schedule
a public hearing on the intent to increase the Open Space District Number 10 assessment on this
subdivision. Staff recommends approval of the resolution. (Director of Public Works) Continued from
the meeting of July 28, 1998.
RESOLUTION 19128 APPROVING AN INCREASE ON THE OPEN SPACE DISTRICT #10
ASSESSMENT FOR THE BELLA NEVONA SUBDIVISION
IS.A. PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL OF ITS
INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NUMBER 98-3 (OPEN
SPACE MAINTENANCE DISTRICT NUMBER 35 [SUNBOW II]) PURSUANT TO THE
PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982," FOR THE
PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A
SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES AND THE
INTENT TO AUTHORIZE A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH
PUBLIC SERVICES - The Ayres Land Company has requested the City to conduct proceedings for the
formation of Community Facilities District Number 98-3. This district will fund the perpdual operation
and maintenance of open space slopes, drainage channels, detention basins, medians and parkways of
Sunbow II. The City has retained the services of Dick Jacobs Associates as special tax consultant and
Brown, Diven, Hessel & Brewer as legal counsel to provide assistance during the proceedings. Staff
recommends approval of the resolutions. (Director of Public Works) Continued from the meeting of
July 28, 1998.
B. RESOLUTION 19129 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON
PROTESTS AND APPROVING THE COMMUNITY FACILITIES DISTRICT REPORT
C. RESOLUTION 19130 ESTABLISHING COMl\fUNITY FACILITIES DISTRICT NO. 93-8 (OPEN
SPACE MAINTENANCE DISTRICT NUMBER 35 (SUNBOW II) AND AUTHORIZING THE
SUBMITTAL OF LEVY OF A SPECIAL T AX THEREIN TO FINANCE CERT AIN SERVICES TO
THE QUALIFIED ELECTORS
16.A. PUBLIC HEARING TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE
RENEWAL THROUGH SEPTEMBER 4, 2002 TO PACIFIC WASTE SERVICES - This public
hearing is to approve the agreement for solid waste collection, processing and disposal services, and to
establish a rate schedule for services provided under the agreement to be effective September 1, 1998
which: (1) includes a freeze on current rates through June 30, 1999; (2) provides a reduction in rates for
commercial fiber recycling and multi-family recycling for dwellings of nine units and under; and (3)
establishes fixed rates for industrial "roll-off," compactor and optional services. Staff is further requesting
Agenda
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August 4, 1998
the amendment of Chapter 8.23 of the Municipal Code to rdlect the adjustments made into the franchise
agreement. Staff recommends Council place the ordinances on first reading and approve the resolution.
(Deputy City Manager and Conservation Coordinator)
ORDINANCE 2740 AMENDING CHAPTERS 8.23, 8.24 AND 8.25 OF THE MUNICIPAL CODE
TO MOVE THE SOLID WASTE AND RECYCLING FRANCHISE TERMS AND CONDITIONS
OUT OF THE MUNICIPAL CODE INTO A SEPARATE FRANCHISE AGREEMENT, AND
MAKING TECHNICAL CHANGES (first readin,,)
ORDINANCE 2741 GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO
PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4, 2002 IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME (first readin,,)
RESOLUTION 19131 ADOPTING THE SCHEDULE OF MAXI~mM RATES FOR SOLID
WASTE, RECYCLING, AND GREEN WASTE COLLECTION AND DISPOSAL OR PROCESSING
SERVICES AS SUBMITTED BY THE CITY'S SOLID WASTE FRANCHISE AGENT (PACIFIC
WASTE SERVICES) EFFECTIVE SEPTEMBER 1,1998
B. RESOLUTION 19132 AMENDING FISCAL YEAR 1998/99 BUDGET TO INCLUDE THE
RECYCLING EDUCATION PROGRAM AND ADD TWO TEMPORARY, FULL-TIME
POSITIONS IN UNCLASSIFIED SERVICE IN THE CONSERVATION PROGRAM AND
APPROPRIATING FUNDS THEREFOR - The California Integrated Waste Management Act of 1989
(AB 939) requires that cities develop and implement an Integrated Solid Waste Management Plan. The
plans commit cities to implement programs that will reduce or divert 25 % of their annual waste generation
from landfills by 1995 aod 50% by the year 2000. A failure to develop plans or make a good faith effort
to meet diversion goals is suhject to civil penalties of up to $10,000 per day. Staff recommends approval
of the resolution. (Deputy City Manager and Conservation Coordinator) 4/5th's vnte required. This is
a related item. but dnes "nt reuuire a Duhlic hearilU!.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff. or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. 17lOse who wish to speak, pLease
Jill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
17.A. RESOLUTION 19133 APPROVING THE HIRING OF ADDITIONAL TEMPORARY EXPERT
PROFESSIONALS AND APPROPRIATING FUNDS - On March 31. 1998. Council autborized the
Mayor to execute a contract for engineering plan review services. On May 26, 1998, Council approved
the hiring of a temporary Expert Professional to supplement City staff efforts to respond to the ongoing
land development activities. Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19134 APPROPRIATING FUNDS FOR LAND DEVELOPMENT PLANS REVIEW
SERVICES - 4/5th's vote required.
Agenda
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August 4, 1998
18. RESOLUTION 19135 APPROVING AN AMENDMENT AND RESTATEMENT OF THE
EASTLAKE GREENS AFFORDABLE HOUSING AGREEMENT WHICH INCORPORATES THE
EASTLAKE GREENS HOME OWNERSHIP PROGRAM - On July 25, 1995, Council approved the
Affordable Housing Agreement for the Planned Community of EastLake. On December 12, 1995, Council
adopted the EastLake Greens SPA Plan. In accordance with that Agreement, EastLake was to have under
construction no later than June I, 1998, 112 qualitled low income housing units. EastLake was unable to
meet the June 1, 1998 deadline but made a good faith effort to comply with the Agreement. EastLake
continued to meet with City staff and was issued building permits with the premise that an acceptable
affordable housing project would be forthcoming. The Amendment to the EastLake Greens Affordable
Housing Agreement incorporates the changes to the original Agreement and includes the EastLake Greens
Home Ownership Program. Staff recommends approval of the resolution. (Director of Community
Development)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
19. CITY MANAGER'S REPORTCS)
A. Scheduling of meetings.
20. MA YOR'S REPORT(S)
21. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) lhe regular City Council meeting on August 11, 1998
at 6:00 p.m. in the City Cotmcil Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
July 30, 1998
TO:
The Honorable Mayor and City Council
David D. Rowlands, Jr., City Manage~ ~tt Ml
City Council Meeting of August 4,1998 J---z
FROM:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council meeting of Tuesday,
August 4,1998. Comments regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on 7/28/98, there were no actions taken which
are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT THOMAS ERHARDT'S RESIGNATION FROM THE
CULTURAL ARTS COMMISSION BE ACCEPTED WITH REGRET AND THE CITY
CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY
ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
5c. This is a letter from Virgil Pina, Vice Chair ofthe Human Relations Commission, requesting
that a traffic signal be installed at the intersection of Broadway and Flower Street. IT IS
RECOMMENDED THAT STAFF BE INSTRUCTED TO INFORM MR. PINA THAT
THE CITY COUNCIL AWARDED A CONTRACT FOR THE INSTALLATION OF A
TRAFFIC SIGNAL AT BROADWA Y AND FLOWER STREET ON JULY 14, 1998, AND
THAT CONSTRUCTION WILL BEGIN SHORTLY.
5d. This is a letter from Karl Bunker, President of the Hilltop High School Cheerleader Booster
Club, requesting a donation of $500 for the cheerleading team to attend a National
Competition in Dallas, Texas, or Orlando, Florida. This request does not meet the criteria
for funding organizations established in Council Policy 159-02, as there is "no tangible
benefit to the City." THEREFORE, IT IS RECOMMENDED THAT THE REQUEST BE
DENIED. In past years, requests from Miss Softball America, the Chula Vista Girls
Amateur Softball Association, the Sweet Revenge Softball Team, the A YSO All Star Team
and the San Diego County Boys Baseball Organization to attend national tournaments were
denied.
~~f?-
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
July 29, 1998
From:
The Honorable Mayor and City coun~
John M. Kaheny, City Attorney ~
Report Regarding Actions Taken in Closed Session
for the Meeting of 7/28/98
To:
Re:
The City Council met in Closed Session on 7/28/98 to discuss:
Anticipated litigation pursuant to Government Code Section 54956.9:
Significant exposure to litigation pursuant to subdivision (b) : One
cases
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
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276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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July I, 1998
'98 Jl 23 AlO :36
crTY OF CHULA VISTi~
cm CLERK'S OFFICf
Effective as of this date, I hereby resign my position as Cultural Arts Commissioner.
Having attended four Cultural Arts Commission meetings and one City Council meeting I
have come to the sad conclusion that I will not be able to make a positive impact on the
City of Chula Vistas cultural arts agenda. There are no real "funds" available for the
Cultural Arts Commission and no real support from the city. To be where they are at this
time after so many years of existence is a travesty at best. It is a toothless council with a
City determined to keep them that way. I hope that as the City matures they will come to
understa..~d that art and high culture are more th.an \vaterslides, concerts under the stars
and sport facilities.
Dear City of Chula Vista:
Disappointed,
Ihtuwr -2-- ~ t..lt... J.j-
Thomas John Erhardt
E-mail: terhardt@access1.ne1
cC-~
WRITTEN COMMUNICATIONS
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To: The Honorable Mayor
and Honorable City Council
Members of Chula Vista.
Ifo'i [ @ ~J \0 [i
._~j JUL 2 \ lqaP _ .
L-_:III"CC~'~'" ~
Dear Mayor and members of the Council,
I would like to bring to your attention a very important issue and need. As you
may already be aware of classes will soon resume again for many of our city's
school children. Emory elementary located near the north-west area of our city
will begin classes on August 4th. In order to come to and from school many of
Emory's school children must cross at Broadway Ave. Most of this crossing is
done at the intersection of Broadway and Flower street. Traffic is heavy at this
intersection and not long ago a young boy was struck by a vehicle on his way
home. I believe the community and children would be well served by the
installation of a pedestrian activated signal device at this comer. Please
consider the added safety benefits of such a device and let me know if we can
move forward with this idea.
Thank you.
~~
Virgil Pina j;L" f.27- s<tS-.6
Vice Chair Human Relations Commission.
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Hilltop Higb Scbool
Ubeerleader Booster Ulub
Karl BUlker, PresideD!
U3 TwiD Oab Uircle
Cbula VIsla, CA 91910-U30
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To the Honorable Mayor and City Council;
The Hilltop High School Cheer sql.Uild is compnsed of thirty talented young ladles who support the
school athletic programs, They practice at least six hours a week, cheer at football games, boys and gins
basketball games, wrestling matches, boys and girls soccer games, perform at assemblies and compete.
The last two years they have won 1" place at the Sweetwater District Competnion, were finalists both
years at Magic MIn. (a state competition) and this past year they qualified to compete at the USA National
Competition In An~helm, Fifteen of the thirty girls are returning, so they oxpect to be very competitive this
YllIIr as 1Nll1I.
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. Cheet1eadlng Is ~nsive. Last year, n cost approximately $1500.00 per gin. Although the girls
do work to eam money to pay for unlfomns, more Is needed. The cheerleaders will be competing In a
'. National Connpetnlon in Dallas, TX, or Onando, FL. This year the Hllnop High School Cheerleader Booster
~. . Club (HHSCBC) is organizing a Celebrity Basketball game to help with the travel expenses and
competition fees. David Mirlsch Enterprises will produce the event. We are requesting your suppolt in
sponsoring the game. Our goal is $2500.00. We hope that you will donate $500. The City of Chula Vista
will be listed in the program as a spopsor. The girls will be excellent representatives of the cny of Chula
Vista.
The date of the game has not yet been set, anhough n will take place at the Hilnop High School
Gym on a Saturday night in the Fall. We expect to filllhe 1300 seats available for the game, We will
begin advertising as soon as possible. We hope you will support our girls by sponsoring the Celebrity
Faculty Basketball game, !'Iease contact myself or my wife, Leslie, as soon as possible, at 426-3617.
Thank you,
Karl P BUllkcr
President
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CITY COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
~
August 4, 1998
ITEM TITLE:
Resolution ~ approving City Wide Ethics
statement
SUBMITTED BY: Deputy city Attorney, Ellen F. Gros~~
4/sths Vote: Yes_No....z;
The Board of Ethics is proposing a City Wide Ethics statement which
is presented for Council's consideration and approval. Once
approved, the Board of Ethics proposes that the City Wide Ethics
statement be disseminated to all City employees and officials and
that it be included in new City employee orientation materials
packets. Further, the Board proposes that the city Wide Ethics
Statement be made available to the public. The purpose of the City
wide Ethics Statement is to encompass into one statement the City
of Chula vista's commitment to standards set forth in the
Statement.
BOARDS/COMMISSION ACTION: The Board of Ethics, at its February 23,
1998 approved the proposed city Wide Ethics Statement.
RECOMMENDATION: Approve the resolution.
FISCAL IMPACT: N/A
'-J
RESOLUTION NO. ~
RESOLUTION OF
CHULA VISTA
STATEMENT
THE CITY COUNCIL OF THE CITY OF
APPROVING CITY WIDE ETHICS
WHEREAS, the Board of Ethics has drafted and proposed a
City Wide Ethics Statement for the Council's approval; and
WHEREAS, the purpose of the City Wide Ethics Statement is
to encompass into one statement the City of Chula vista's
commitment to the ethical standards set forth in the statement;
NOW THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the city Wide Ethics
Statement as set forth in Exhibit "An and further orders that said
statement be disseminated to all City employees and officials; that
it be included in new City employee orientation materials packets;
and, that it be made available to the public.
Presented and
Approved as to form by
,,-~
CITY WIDE ETHICS STATEMENT
The City of Chula vista aspires to set the highest legal,
ethical and moral standards for its elected officials, appointed
officials, and all city employees in all aspects of city government
and thereby provide a model for all residents of the city of Chula
vista to follow. All individuals shall be treated with courtesy and
fairness in their dealings with the city of Chula vista. The public
trust is a sacred trust and activities by officials of the city
government that are incompatible with such trust will not be
tolerated by the city of Chula vista.
Every effort shall be made to ensure that, in the daily
exercise of their duties, officials and employees of the City of
Chula vista uphold the Constitution of the united states, the
Constitution of the state of California and the Charter of the City
of Chula vista. The practice of legal, ethical and moral conduct
in the performance of one's public duty is critical to the proper
discharge of the duties of office. All residents of the City of
Chula vista shall be secure in the belief that they will be treated
honestly and fairly by their city government.
c: \cbs\ethics\stmt2. fin
EXHmlT
'-3
~~JI
Board of Ethics Minutes
June 1, 1998
Page 2
Mr. Rowlands addresses the Board regarding the Ethics Statement.
Chai onzales reiterates to Mr. Rowlands that the proposed E ics
Statemen was a suggestion and not a mandate and further e ained
that it ma ave been misinterpreted in the way it was tten. Mr.
Rowlands fee the intent of the Ethics Statement appropriate
and explained to he Board his personal philoso regarding this
issue. Mr. Rowlan stated to the Board tha t is his job, not
the Board's, to enfo e those standards nternally. Richard
Schulman explains the Boa's position an advisory role to the
City Council. Mr. Rowlands r 'terates s feelings that the Board's
mission and objective are app r e and that he fully supports
it. Mr. Rowlands also feels t the Board is coming in at the
right time with the prese ation f the Ethics Statement to
Council. Susan Herney e sses her ttl ghts regarding the Code in
that it gives the Boa investigative a hority when there is a
violation of the Co of Ethics and the Boa's responsibility to
advise the Coun' and promote the cause of hics in the City
through an edu ional component. Mr. Rowlands fee that the Board
is coming i t the right time with the presentation f the Ethics
Statement 0 Council. Mr. Rowlands distributes a handou outlining
his ma ement philosophy; how he will relate to Departmen Heads;
and at he expects from Department Heads. Susan Herney note the
ndards" by which new and old employees can know th 'r
pectations. The Board thanks Dave Rowlands for his time an
presentation.
4.' OrF.ll r.ommlln1CF.lt;ons.
None
5. FolJow IIp diRcllssionR rE"garding C'ity WidE" Ethi"R StatE"mE"nt and
its PrP-RPntatinn to rounril.
Member Schulman suggests the Board discuss this item prior to the
new City Manager's arrival. Ellen Gross explains to Board Members
why this item was not going before Council on the date the Board
previously anticipated. She further explained that Assistant City
Manager, Sid Morris requested Ms. Gross obtain additional
historical background regarding past attempts to have an Ethics
Statement go before Council prior to the presentation of this one
'-1
Board of Ethics Minutes
June 1, 1998
Page 3
to Council. Ms. Gross offered to share information with Members
regarding the prior Agenda and Ordinance of 1989 regarding the
Board of Ethics' duties and responsibilities.
Members further discuss the issue of the Ethics Statement as merely
being a proposal or recommendation and that the Board is not asking
or seeking to regulate employees behavior. Member Gibert further
states for the record that each department was developing their own
Ethics Statement which varied and this Board took the initiative to
develop a "City Wide Ethics Statement" that everyone, including
employees could be aware of.
Chair Gonzales comments how pleased he is with the tone and
direction the Board will receive from Mr. Rowlands. Members discuss
leaving the "City Wide Ethics Statement" as it currently reads and
that Chair Gonzales be present at the Council meeting when this
goes before on the Council Agenda.
6. Training rnnrdinatnr Repnrt
Ms. McKean has not done any ethics training in two months and
therefore has nothing to report. Chair Gonzales and Members discuss
those very problems regarding ethics training. It was also noted
that the Board Members themselves with the exception of Members
Schulman, Herney and Carson have not had any ethics training. Chair
Gonzales feels that the Board should address what their own goals
are at a future meeting.
7. MpmhprR' romments
Richard Schulman comments on the publication he received from Brian
Bilbray, Mr. Cox and David Malcolm for endorsement of Mayor Horton
and has questions of whether people who were appointed to Boards
and Commissions could support political candidates who would
participate in the decision to put them on the Board or Commission.
The Board discusses the ramifications of proposition 208 as it
relates to this and Ms. Gross explains there was an adverse
decision, this proposition was unconstitutional and would still be
going before the Ninth Circuit.
,-5
COUNCIL AGENDA STATEMENT oks
Item
Meeting Date: 08 4/98
REVIEWED BY:
Resolution 19/ :I.t Approving Request from the Bonita
Business and Professional Association to Conduct the Bonitafest and
Bonitafest Parade.
Chief of pOlice~
Risk Manager~ /~
City Manage1X(~ ~\\
(4/5ths Vote: Yes _ NolU
ITEM TITLE:
SUBMITTED BY:
The Bonita Business and Professional Association is requesting permission to conduct the
26th Annual Bonitafest and Bonitafest Parade on Saturday, September 26, 1998.
RECOMMENDATION:
That City council adopt the resolution approving a temporary closure of portions of Bonita
Road subject to staff conditions.
BOARDS ICOMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The Bonita Business and Professional Association (BBPA) is requesting permission to
conduct the 26th Annual Bonitafest and Bonitafest Parade on Saturday, September 26,
1998. They are also requesting a temporary street closure of Bonita Road to stage the
parade. The street closure would involve Bonita Road between Willow Street and Central
Avenue. Both Willow and Central will remain open at all times during the closure. Streets
intersecting Bonita Road between these points would also be affected during the parade.
The parade is scheduled to take place between 10:00 AM and 12:30 PM; the street closure
would be in effect from approximately 8:00 AM and 1 :00 PM to allow for staffing and
dispersion of the parade participants. A diagram of the area is attached (Attachment A).
The BBPA is also requesting use of the vacant City-owned lot that is adjacent to and
immediately west of the parking lot to the Municipal Golf Course, for staging and dispersal
of the equestrian units participating in the parade.
The parade will consist of marching units, marching bands, floats, and other motor driven
units, as well as equestrian units. All horses will be ridden by their owners, and streamers,
balloons and noise making devices will not be permitted along the parade route. The route
will be marshaled by sponsor volunteers and the police.
The street closures would have an impact on City bus service in the area. Transit would
need to cancel or re-route bus service in the area during the parade. Transit has indicated
they will erect signs advising of interrupted service.
7-1
Item: -1-
Meeting Date:
Page --2-
08/04/98
Staff is recommending the BBPA be required to comply with the following conditions if
approval of the event is granted:
1. Prior to the event, both the BBPA (the Bonitafest sponsor) and Rotary District 5340
(sponsor of the parade) provide evidence of insurance for their respective
sponsorships in the form of a Certificate of Insurance and Policy Endorsement in the
amount of $2 million naming the City of Chula Vista as additional insured, and their
insurance as primary.
2. Provide adequate traffic control equipment and no parking signs as specified by the
Police Department. This would include provision of adequate signage, barricades,
and traffic control equipment as specified by the County of San Diego and the
Sheriffs Department.
3. Provide adequate Police coverage at the event as determined by the Chula Vista
Police Department through coordination with the Chula Vista Police Department
and the County of San Diego.
4. Return all City-owned property to pre-use condition including arrangements for
professional street sweeping and adequate trash control and disposal throughout
the affected area within twenty-four (24) hours after the event.
5. Provide a letter acceptable to the City Attorney from the BBPA in which the BBPA
agrees:
(A) Not to sue the City, its agents and employees for any act arising from
Bonitafest; or
(B) To hold the City harmless and to release the City, its agents and employees
from any and all liability arising from Bonitafest, excluding only that liability
which may arise from the sole negligence or sole willful conduct of the City.
FISCAL IMPACT:
The amount of $2,410 has been allocated in the City's FY 98-99 Community Promotions
budget to offset the cost of the Chula Vista Transit shuttle bus services and police staffing
of the event. The BBPA would be responsible for all additional costs incurred in
conducting the parade, including provisions for traffic safety equipment, street sweeping
services, and other related and required services and supplies. No additional fiscal impact
is anticipated.
Attachment: "A" - Parade Diagram
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RESOLUTION NO.~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REQUEST FROM BONITA
BUSINESS AND PROFESSIONAL ASSOCIATION TO
CONDUCT BONITAFEST AND BONITAFEST PARADE
WHEREAS, the Bonita Business and Professional Association
(BBPA) will be conducting the Bonitafest event on Saturday,
September 26, 1998; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the request from the BBPA
to conduct the Bonitafest and Bonitafest parade on Saturday,
September 26, 1998 subject to the following conditions:
1. Prior to the event, both the BBPA (the Bonitafest sponsor) and
Rotary District 5340 (sponsor of the parade) provide evidence
of insurance for their respective sponsorships in the form of
a Certificate of Insurance and Policy Endorsement in the
amount of $2,000,000, naming the City of Chula Vista as
additional insured, and their insurance as primary.
2. Provide adequate traffic control equipment and no-parking
signs as specified by the Police Department. This would
include provision of adequate signage, barricades, and traffic
control equipment as specified by the County of San Diego and
the Sheriff's Department.
3. Provide adequate Police coverage at the event as determined by
the Chula Vista Police Department through coordination with
the Chula Vista Police Department and the County of San Diego.
4. Return all City-owned property to pre-use condition, including
arrangements for professional street sweeping and adequate
trash control and disposal throughout the affected area within
twenty-four (24) hours after the event.
5. Provide a letter acceptable to the City Attorney from the BBPA
in which BBPA agrees:
(A) Not to sue the City, its agents and employees for any act
arising from Bonitafest; or
(B) To hold the City harmless and to release the City, its
agents and employees from any and all liability arising
from Bonitafest, excluding only that liability which may
arise from the sole negligence or sole willful conduct of
the City.
Presented by
to form by
Richard P. Emerson, Chief of
Police
,,,/
C:\rs\bonitafs
7-1..(
COUNCIL AGENDA STATEMENT
Item:~
Meeting Date: 08/04/98
ITEM TITLE: Resolution Iql t3 waiving the bidding process, and approving an
agreement with Mr. Frank Chaboudy for provision of professional tennis
services and for operation of the Chula Vista Tennis Center
SUBMITTED BY: David J. Palmer, Library and Recreation Director~
REVIEWED BY: City Manage~,~ (415ths Vote: Yes _ No Xl
The Chula Vista Tennis Center has been operated by a tennis professional, Mr. Frank Chaboudy,
since November of 1985, under a series of agreements with the City. A new agreement has been
prepared to continue his professional tennis services.
STAFF RECOMMENDATION: That the Council approve the Resolution:
1, Waiving the bidding process; and
2. Approving the agreement with Mr. Chaboudy for the continuation of his services as the City's
Tennis Professional.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The City constructed a tennis facility on the campus of Southwestern College in 1970,
under an agreement with the Sweetwater Junior College District (now known as Southwestern
College). Following completion of the project, the City opened and began to operate the Chula Vista
Tennis Center at Southwestern College in late 1971, in conjunction with a 30 year joint powers
agreement with the College District that delineated respective rights for use of the facility.
The Tennis Center has been managed through contractual agreements with tennis professionals
since the facility opened. The primary responsibilities of the contractor have been to:
1. Develop and conduct a comprehensive tennis program, including instructional classes for
youth and adults.
2. Coordinate City-sponsored tennis tournaments and clinics.
3. Maintain the four tennis courts at the Tennis Center on a daily basis.
[h:\home\park8rec\A 113\tennla.pro]
1
~-I
Item: lJ
Meeting Date: 08/04/98
During the first 12 years of operations, the City entered into agreements with several tennis
professionals. All of them requested termination of their agreements mid-term, citing financial
difficulties as the primary reason for termination.
In November of 1985, City Council approved an agreement with Mr. Frank Chaboudy to operate the
Tennis Center. Since that time, and for the past 12 years, Mr. Chaboudy has successfully operated
the Center, and has kept it financially solvent and programmatically sound. His success in
developing and maintaining a strong youth tennis curriculum is especially noteworthy, as is his
overall programming and management approach, which addresses a variety of demands from a
growing community. Mr. Chaboudy has also been very successful as the City's unofficial liaison with
Southwestern College, negotiating issues related to the use of campus tennis facilities which are
located adjacent to the Tennis Center. Staff believes that Mr. Chaboudy will continue to provide
quality services at the Center throughout the course of the new agreement.
Mr. Chaboudy is responsible for all expenses related to the day-te-day operations of the Tennis
Center. These expenses include utilities (gas, electricity , telephone, water), and all expenses
incurred in maintaining the tennis courts including replacement of tennis nets. Additional
expenditures include insurance, dues, furniture, advertising and promotion, mileage, office supplies,
and instructional materials. These expenses are offset by revenue generated by Mr. Chaboudy
through the collection of fees for instructional programs, tournaments, and other specialized
programs. The Tennis Professional also collects the revenue from light meter coin boxes at the four
night lighted courts. Revenues reported by the Professional in 1997 totaled $32,480. The expenses
reported by the Tennis Professional in 1997 totaled $7,625
Major capital improvements at the facility, required by the contract, such as the resurfacing of the
courts, are accomplished by the City. The City also collects revenues from the parking permits that
are sold to tennis participants. These revenues total approximately $8,000 per year.
Cost Benefit to the Citv
Staff believes it is more cost effective to contract professional tennis services rather than have an
in-house program. Actual facility maintenance costs, along with the costs of supplies and services
to operate the Tennis Center would likely be similar to the costs incurred by the Tennis Professional
at the current time, approximately $7,600 per year; however, the City would need to purchase office
fumiture, office equipment, telephones, and other basic office amenities at an unknown cost. The
Tennis Center is open on a year-round basis, 6 days/week, for approximately 8-10 hours/day. This
converts to over 2,500 staff hours per year, or 1.20 FTE. In order to maintain quality programming
and to provide adequate oversight of the facility, it would be recommended to staff the facility with
a full-time staff position (with tennis teaching ability), with additional support being provided by part-
time staff. The general maintenance and upkeep of the building would also necessitate a relatively
small number of hours of custodial care. Based on staffing including a full-time Recreational
Specialist, 450 hours of Recreation Leader, and 150 hours of Custodian I, staff salary and benefit
costs would be approximately $36,000. The Tennis Professional currently generates approximately
$32,500 in revenue from lessons and other fees, which would offset some City costs.
P1:\home\parksrec\A 113\tennis.pro)
2
'8-~
Item:
Meeting Date: 08/04/98
f5
Staff is recommending a new 3~ year agreement, which will expire on November 2, 2001. This date
coincides with the expiration of the City's 30-year agreement with the Community College District for
use of the facilities on the campus. Should the City choose to negotiate an additional use
agreement with the College extending the City's use of the facility, the Tennis Professional's contract
could be renewed again at that time. In the draft proposed agreement, staff has added
recommended language to facilitate the continuation of professional tennis services as needed
during any future negotiation period with the College District regarding renewal of facility use.
The proposed agreement is essentially unchanged from previous multi-year agreements that the City
has entered into with Mr. Chaboudy. Both staff and Mr. Chaboudy concur with the terms contained
in the agreement, a copy of which is attached.
Waivina the BiddinQ Process
Staff is recommending the award of the contract without a formal RFP, since the current Tennis
Professional's performance during the last 12 years has been stable and commendable. The award
of the contract has no direct fiscal impact on the City, and the programs that the Tennis Professional
has developed throughout the years is satisfying the public demand. The Tennis Professional often
has waiting lists for certain programs, based on the physical constraints of the facility, and he has
successfully balanced the desire for formal programming with the demand for open tennis play. Mr.
Chaboudy has complied with all the specifications of the agreements in the past, and there is no
reason to believe that he will not continue to do so throughout the term of the new agreement. It
should be noted that the City does have the right to terminate the contract if the Tennis Professional
is not fully complying with the terms of the agreement.
Southwestern Colleae District Aareement Exoiration
On November 2, 2001, the 30 year joint use agreement between the City and the College District
expires, and the City forfeits any and all formal rights to the use of the Tennis Center facility. The
current agreement does not include any re-opening language, nor does it contain any provisions for
the negotiation of a new agreement between the two parties. Should the City be interested in
pursuing a new agreement with the District for continued use of the facilities, negotiations will need
to be initiated by the City. Tennis facilities will be evaluated as part of the revision of the Parks
Master Plan.
FISCAL IMPACT: There is no fiscal impact associated with the approval of the resolution and
agreement. Mr. Chaboudy is compensated for his services directly from revenue he generates
through tennis lessons and the operation of the Pro Shop.
Attachment: Agreement for Tennis Services
{h:\home\parksrec\A 113\tennls.pro]
3
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE BIDDING PROCESS, AND
APPROVING AN AGREEMENT WITH FRANK CHABOUDY FOR
PROVISION OF PROFESSIONAL TENNIS SERVICES AND
FOR OPERATION OF THE CHULA VISTA TENNIS
CENTER, AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the Chula Vista Tennis Center has been operated
by a tennis professional, Frank Chaboudy, since November, 1985,
under an agreement with the City; and
WHEREAS, based on the history of this program and because
of the nature of the services provided by Mr. Chaboudy, advertising
for bids would be impractical; and
WHEREAS, a new agreement has been prepared to continue
his professional tennis services for an additional 3 -1/2 years
until November of 2001 with an option to continue services during
the period of contract negotiations between the City and
Southwestern Community College.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby waive the bidding process and
approve an Agreement with Frank Chaboudy for Professional Tennis
Service and for Operation of the Chula Vista Tennis Center, a copy
of which is on file in the office of the City Clerk as Document No.
r 095<'-1.1-0
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
c:\rs\tennis.pro
David J. Palmer
Library Director
S-Jf
AGREEMENT FOR TENNIS SERVICES AND PERMIT
FOR USE OF THE CHULA VISTA TENNIS CENTER
THIS AGREEMENT, made and entered into in the City of Chula
Vista, California, this by and between the
CITY OF CHULA VISTA, a municipal corporation, hereinafter referred
to as "CITY", and FRANK CHABOUDY, Tennis Professional, hereinafter
referred to as "PROFESSIONAL";
WITNESSETH:
WHEREAS, the City is the owner of four tennis courts
("Courts") and a small ancillary structure currently housing a pro
shop, lounge, restrooms ("Pro Shop") located at the Southwestern
Community College campus in the City of Chula Vista (the courts and
Pro Shop and related ancillary grounds, including the parking shall
herein be referred to as "Tennis Complex" or "Complex"); and,
WHEREAS,
particular the
good quality
services; andl
City desires that the general public, and in
residents of the City of Chula Vista, should have a
of municipally provided tennis facilities and
WHEREAS, Professional represents and warrants that he is
to provide tennis instruction and complex management
maintenance according to the terms of this agreement;
able
and
NOW, THEREFORE, in consideration of the
terms and conditions contained herein,
Professional agree as follows:
premises and upon the
the City and the
I. License to Occupy and Use.
For the Term of this Agreement, City hereby grants a revocable
license to Professional to occupy and use the Tennis Complex for
the purposes of permitting the public to learn, enjoy and play the
sport of tennis, and in the manner herein specified:
II . TERM
A. The nominal term of this agreement, subject to special
termination or extension as herein below provided, shall be for
forty-one (41) months beginning on June 8, 1998, and ending at
midnight on November 2, 2001 ("Nominal Term") .
B. Special Extension. Notwithstanding the preceding
subsection, City and Professional upon mutual written agreement may
extend the nominal term of this Agreement so that the Professional
may continue operations at the Tennis Complex as specified herein
1
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during the time that contract negotiations by City and Southwestern
Community College for use of the site are occurring.
C. Special Termination. Notwithstanding subsection A, and in
addition to the other remedies provided by City within the terms of
this agreement, City shall have the right, upon thirty (30) days
notice to the Professional to cancel this agreement if, in the
opinion of the City Manager, the operations conducted by
Professional are unsatisfactory and, after Professional has been
granted thirty (30) days to correct same, they have not been
corrected. In the event of such cancellation, the replacement
Professional obtained by the City shall purchase from Professional
his non-returnable inventory of merchandise for sale at
Professional's cost and his equipment at its fair market value. In
the event of disagreement on values, the City Manager shall
establish a value which shall be binding upon the parties to this
agreement.
D. Definition: Term. As used herein, "Term" shall refer to
the period of time during which this agreement is actually in
effect which shall be the Nominal Term unless specially terminated
as herein provided.
E. At the conclusion of the Term of this agreement, the City
reserves the right to solicit and advertise for new proposals to
operate and manage the tennis facilities.
F. Upon the expiration of the agreement, the Professional
shall be expected to put the premises in as good a condition as at
the beginning of said contract, ordinary wear and tear excepted.
G. During the last thirty (30) days of the Term of this
agreement, or within thirty (30) days of any cancellation or other
expiration, Professional shall remove at his own expense his own
furniture, furnishings, equipment and fixtures. Should
Professional fail to remove said items within said thirty (30) day
period, he shall lose all rights, title and interest in said items,
and City may elect to keep same upon the premises or to sell,
remove or demolish them. In the event of such sale, removal or
demolition, Professional shall reimburse City for any cost in
excess of any consideration received by City as a result of said
sale, removal or demolition.
III. FINANCIAL MATTERS
A. Accounting Matters.
1. The Professional shall keep adequate books and
records, make all tax returns and pay all taxes required in
connection therewith in his own name. Such books and records shall
be the property of the Professional but shall be open to the
inspection of the City by and through its City Manager or other
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duly authorized agent at reasonable times during business hours.
The Professional shall be required to maintain a method of
accounting of all the receipts and disbursements received or made
by said Professional from the operation of said concession.
2. The bookkeeping records installed and maintained by
the Professional shall be approved as to form by the City and shall
permit the preparation of statements of profit and loss and balance
sheet. The Professional shall submit to the City, on a semi-annual
basis, a financial statement indicating all profits, losses, and
balances of the operation of said Tennis Center. The City may
inspect and audit books and accounts and records of the
Professional at all times.
B. Responsibility for Utilities.
The Professional shall pay all charges for gas, electrical
utilities, telephone service, and court washing expense necessary
to carryon the operations of the tennis complex unless otherwise
specified in the permit.
IV. CONSIDERATION FOR PROFESSIONAL.
As consideration for the services
and the services of all additional
understood and agreed by the parties
may retain the following revenue
provisions of this Agreement:
rendered by the Professional
employees, it is expressly
hereto that the Professional
charged according to the
1. All revenues from tennis lessons.
2. All revenues from the sale and/or repair of tennis
equipment.
A. All fees collected at the Tennis Complex shall be the
exclusive property of the Professional. These fees shall be based
upon a posted fee rate and must be consistent with those charges
being made at other facilities within San Diego County. Any change
in these charges will be made only upon prior approval of the
Director of Public Works.
V. DUTIES OF THE PROFESSIONAL
A. Operation of Pro Shop.
1. Supplies and Equipment.
The Professional shall at his discretion keep and
maintain for sale an inventory of supplies and equipment in keeping
with the demand of the Tennis Complex and shall keep these items at
prices recommended by the manufacturers of said merchandise. The
Professional shall operate all concessions as an independent
3
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contractor. He shall purchase and pay for all materials and
merchandise used or sold in the operation of said concession in his
name, and at his own responsibility, and receive and retain all
income derived from the operation as his own and for sole use and
benefit.
2. Maintenance of Pro Shop Premises.
The Professional shall keep the Pro Shop premises
assigned by this agreement in a clean and sanitary condition and
free from rubbish at all times and shall assume complete
responsibility for janitorial services for said premises.
3. Equipment Servicing.
The Professional shall be required to provide all
maintenance, repair and service required on all equipment used at
the Complex, or sold at the Pro Shop.
a. City Equipment.
In the event City owned equipment is used, the City
shall have the right to prescribe in detail the type and frequency
of maintenance and repair to be performed by the Professional.
Because of the City's interest in preserving its equipment and
providing clean and sanitary conditions in the event the
Professional fails to perform the work prescribed pursuant to the
above on City or Professional owned equipment, the City Manager or
Director of Public Works shall have the right, after ten (10) days
written notice to correct the deficiency, to cause the prescribed
work to be performed in an efficient manner and to charge the
Professional for the cost thereof. Cost shall be equal to the sum
of the cost of the direct labor and materials necessary to perform
the work in an efficient manner plus overhead cost. No equipment
provided by the City shall be removed or replaced by the
Professional without prior written consent of the City Manager and
if consent is secured, such removal and/or replacement shall be to
the sole cost and expense of the Professional.
4. Furniture and Furnishings.
The Professional shall furnish and install at his own
expense in the Tennis Pro Shop building, all necessary furniture,
furnishings and equipment required in order to render sufficient
and adequate service, as determined by the City. Professional
further agrees that all furniture, furnishings and equipment will
be maintained and kept intact by repair or replacement as required
at Professional's expense.
B. Maintenance and Operation of Tennis Complex.
The Professional shall provide necessary materials and
4
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personnel at his own expense to adequately cover the operation of
the Tennis Complex, including specifically the Pro-Shop and four
(4) tennis courts, during the operating hours hereafter referred
to.
1. Courts. Professional shall be required to clean the
four (4) City-owned tennis courts daily before 9:00 a.m., cleaning
to including picking up of rubbish on courts, emptying trash
containers, sweeping off excessive dirt from courts; washing of
said courts must be on a regular weekly schedule prior to 8: 00
a.m., except during drought conditions, in which case, they should
be washed in accordance with a schedule approved by the Director of
Public Works.
2. Nets.
all tennis nets.
The Professional shall maintain and replace
3. Parking Permits. The Professional shall distribute
parking permits for City-owned tennis facilities. Permits shall be
provided by the City.
4. Light Coin-Meters. The Professional shall collect
all revenues from City-owned light meters.
5. Help. The Professional shall employ any and all
assistants that may be necessary to carry out the terms and
provisions of this agreement and shall pay their salaries and such
other and further sums as may be required of them for tax and other
purposes. If these assistants collect or handle any money due the
City of Chula Vista, they shall be approved as provided herein by
the City before being employed by the Professional. If, for any
reason, any of said assistants shall display flagrant misconduct,
he/she shall be dismissed at the request of the City Manager.
6. Staffing and Hours of Operation.
a. Except as may be otherwise provided by the City,
the Professional or a similarly qualified assistant shall be
present at the Tennis Complex during all hours in which the complex
is open to operate, supervise, promote and manage the functions
authorized by this agreement.
b. The Professional, his agents or employees in
sufficient number to handle Tennis Complex activities, shall be on
duty daily at the Tennis Complex, Monday through Saturday, weather
permitting, from 9:00 a.m. to 5:00 p.m., excluding Sunday and
holidays. Provisions shall be made to provide a method in
receiving telephone calls while on the court giving lessons. The
Pro Shop may be kept open additional hours at the discretion of the
Tennis Professional to meet the needs of the public.
5
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c. The Professional shall not be absent from the
Tennis Complex for an excessive period in any week unless he is
representing the City of Chula Vista by performing in a tennis
tournament. Such attendance must have the consent of the Director
of Public Works, except in instances of illness or during vacation
periods.
7. Maintenance of a Health-Conscious Environment.
Professional shall take such steps as are necessary to
create a health-conscious environment at the Tennis Complex. The
determination of such steps to take shall be made in the discretion
of Professional except that such steps shall include the
prohibition against smoking and against the consumption of alcohol
and illegal drugs at the Tennis Complex.
C. Tennis Lessons.
It is agreed that in addition to his other duties hereunder,
the Professional shall cause instruction to be given in the game of
tennis. Tennis instruction shall be given only to bona fide
instructees, with individual lessons confined to one court at a
time (exception see Premises). Adult group lessons may be
conducted provided prior written approval is obtained from the City
both as to the hours during which group lessons may be conducted
and the location of courts which shall use only one court if five
(5) or less persons undertake group lessons and two (2) courts if
six (6) or more persons undertake instruction. Fees for such
instruction shall be in keeping with accepted custom and practices
in the tennis profession. Classes will be completely self-sustain-
ing. All proceeds will go to the Tennis Professional.
1. Professional shall be entitled to physically occupy
one (1) and, with the City's advance consent, possibly two (2)
courts at the Tennis Complex for the purpose of providing tennis
lessons to members of the public according to the following times,
days and rules:
a. The professional may be permitted the use of a
second court at the tennis center in accordance with the following
conditions:
(1) A second teaching court may be used with
prior written approval from the Director of Public Works. Times
and day must be included in any such request.
(2) If the Professional is using a second
court at times and days not approved, the following condition for
usage must be adhered to:
(a) No player may be asked to relinquish
his court in order to provide additional usage for the Professional
6
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to make up canceled lessons.
(b) Professional must relinquish the
additional court to waiting players after completion of the lesson
in progress or after thirty (30) minutes.
D. Tennis Events.
1. The Tennis Professional will
area-wide open tennis tournaments annually, one
for Chula Vista residents only.
also coordinate
of which shall be
2. The Professional shall coordinate, promote and
schedule such tennis events sponsored by, by way of illustration
but not limitation, the City of Chula Vista, convention type
organizations, and such other recognized organizations as may from
time to time request scheduling of tennis events.
3. Youth Tennis Program. The Professional shall utilize
all four (4) tennis courts at the tennis center Monday-Friday
between the hours of 3:30 p.m. and 7:00 p.m.; and Saturday between
the hours of 1:00 p.m. and 3:00 p.m. for the Youth Tennis Program.
In addition, Professional shall utilize two (2) tennis courts at
the center on Sundays between the hours of 1:00 p.m. and 5:00 p.m.
for the Youth Tennis Program. Chula Vista residents shall receive
priority over non-residents in this program.
4. Adult Doubles Program. The Professional shall util-
ize two (2) tennis courts at the center from 6:30 p.m. to 7:00
p.m., and all four (4) tennis courts from 7:00 p.m. to 8:00 p.m. on
Wednesday for an open-enrollment adult doubles program. Chula
Vista residents shall receive priority over non-residents if par-
ticipation reaches maximum levels in this program.
5.
in the Junior
average of at
Access to Youth Tennis Program.
Tennis Program must maintain an
least 2.0.
Youth participating
academic grade point
E. Complex Promotion.
Under the direction of the City, the Professional shall
advertise and promote the Tennis Complex and shall be responsible
for such promotional functions. The Director of Public Works or
his/her designee shall approve all promotional material prior to
distribution.
F. Signage.
No signs or advertising matter shall be displayed outside such
premises without prior consent of the City.
7
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G. City's Inspection Rights.
The City shall have the right to enter upon said premises at
any and all reasonable times during the term of the permit for the
purpose of inspection and observation of the Professional's
operations. It is further agreed that the inspections may be made
by City employees, or may be made by independent contractors
engaged by the City. The City shall have the right to inspect for
the purposes set forth below; however, the enumerations below shall
not be construed to limit the City's right of inspection for any
purpose incidental to the right of the City Manager:
1. To determine if the terms and conditions of this
permit are being complied with.
2. To observe transactions between the Professional and
patrons in order to evaluate the quality and quantities
of other items sold or dispensed, the courtesy extended
to and method of dealing with the public, the performance
and caliber of the Professional's employees, and the
methods of recording receipts. It is understood that the
information gathered on these inspections will be used to
evaluate the Professional to provide a basis for any
action by the City Manager or Director of Public Works or
City for the removal or denial or renewal of this permit.
H. Indemnity Provisions.
The Professional shall indemnify and hold harmless the City,
its officers, employees, or agents from any claims arising from the
use of the premises or from the operation of the Tennis
Professional Shop.
I. Insurance.
The Professional shall provide and maintain throughout the
term of this Agreement a policy of general liability and property
damage insurance approved by the City Attorney with limits of
$300,000 for injury to anyone person and anyone accident,
$500,000 to two or more persons from anyone accident or
occurrence, and $50,000 for property damage or $500,000 combined
single limit and shall also carry a policy for Worker's
Compensation Insurance covering any and all employees.
Certificates evidencing coverage and a policy endorsement for the
general liability policy which names the City of Chula Vista as
additional insured shall be filed with the City Clerk, 276 Fourth
Avenue, Chula Vista, CA.
J. Alterations or Additions.
It is further understood and agreed that the Professional
shall not make any alterations or additions to the Pro Shop or to
8
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any equipment belonging to the City without first having the
consent of the City to such change or alteration.
1. The Professional shall be fully aware of the material
conditions of the Tennis Complex and tennis facilities at all
times, and as the conditions dictate, make specific recommendations
to the City for corrective actions as the City deems necessary.
The Professional shall not be held responsible for work performed
or lack of same by the City.
VI. City's Duties Regarding Professional and Tennis Complex.
A. Exterior Pro Shop Maintenance.
City agrees to maintain and repair the exterior and related
portions of the Pro Shop building, excluding repairs of major
proportion which are subject to coverage by Professional's
insurance.
VII. Assignability.
It is expressly understood and agreed that the Professional
may not sign or transfer any of the rights, licenses, or privileges
or any part thereof of this agreement without the written consent
of the City Council having been obtained. The agreement cannot be
assigned involuntarily or by operation or process of law and should
the Professional be adjudged bankrupt or become insolvent or make
a general assignment for the benefit of his creditors or fail to
obtain the release of any levy of attachment or execution upon his
payment within ten (10) days after such levy is made, the City may
consider such to be a breach of the agreement and may cancel and
terminate same.
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9
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ITEM TITLE:
Item :tQ
Meeting D;{; 8/4/98
Resolution)" ~ I/- Approving Final "A" Map No.1 for Chula
Vista Tract No. 96-rJ. Otay Ranch SPA One Village 5, Rejecting on Behalf
of the Public East Palomar Street, Olympic Parkway and the Easement for
Street and Public Purposes. Accepting on Behalf of the City of Chula Vista
the Public Drainage Easements and the Assignable and Irrevocable General
Utility and Access Easements Granted on Said Map within Said
Subdivision. Acknowledging on behalf of the Public the Irrevocable
Offers of Dedication of Fee Interest of East Palomar Street, Olympic
Parkway and the Easement for Street and Public Purposes Lot "G" for
Public Park Purposes, Lot "H" for Open Space and Lot "I" for Public
Improvements.
Resolution 1 q \ 1-.6 Approving "A" Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 96-04,
Otay Ranch SPA One Portion of Village 5 and authorizing the Mayor to
Execute Said Agreement . .. /
SUBMITTED BY: Director of Public W orkr)f QN'V
REVIEWED BY: City Manage~ \.)Ji~ (4/5ths Vote: Yes_No...x)
On November 19, 1996, by Resolution No. ~398, the City Council approved a portion of the
Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One (Otay Ranch
Villages One and a portion of Village Five, excluding 288 Acres located in a portion of Villages
One and Five). On March 25, 1997, by Resolution No. 18613, the City Council approved a
portion of the Tentative Suddivision Map 96-04 (Otay Ranch Village Five, Neighborhoods 28,
29, 30, 31 and 39). Condition No. 117 of the Resolutions require the developer to submit and
obtain approval of the City of a master fmal map (" A" Map) over the portion of the tentative map
within each Village area showing "super block" lots. The "A" map is also required to show the
backbone street dedications and utility easements required to serve the "super block" lots. All
"super block" lots created are also required to have access to a dedicated public street. The fIrst
fInal "A" Map and associated agreement for Otay Ranch SPA One Village 5 are now before
Council for approval.
COUNCIL AGENDA STATEMENT
RECOMMENDATION: That Council approve the Resolution approving the Final "A" Map and
the "A" Map Supplemental Subdivision Improvement Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located south of Telegraph Canyon Road, north of future Olympic
Parkway, and east of the McMillin Otay Ranch Project.
9-1
Page 2, Item ,.
Meeting Date ~
The fInal "A" Map No.1 for Chula Vista Tract 96-04, Otay Ranch SPA One Village 5, consists
of a total of 21 "Super Block" lots, (which will be further subdivided), two lettered lots to be
reserved for future SR 125 right-of-way, and one City Park lot. A plat of the subdivision is
attached herewith as Attachment 2.
The fInal map for said subdivision has been reviewed by the Public Works Department and found
to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of all assignable and irrevocable general access and utility
easements and all public drainage easements within the subdivision. Approval of the map
constitutes rejection on behalf of the public of East Palomar Street, Olympic Parkway and the
street easement for street and other purposes between the Otay Water District parcels. Approval
of the map also constitutes acknowledgment on behalf of the public of Irrevocable Offers of
Dedication of East Palomar Street, Olympic Parkway and acknowledgment on behalf of the City
of Irrevocable Offers of Dedication of Fee Interest for Lots "G" for Public Park Purposes, "H"
for Open Space and "I" for public improvements. The latter two lots are being reserved for State
Route 125.
The dedicated streets are being rejected because the developer does not have an obligation to
guarantee construction of the public streets until future phases of the project are considered for
approval in accordance with the conditions of approval of the tentative map. However, under the
Subdivision Map Act, such offers of dedication are to remain open subject to future acceptance
by the City Council. When the improvements for each of these streets have been completed, staff
will prepare a resolution proposing acceptance of the streets for public use and maintenance.
Construction of access improvements in the easement between the Otay Water District parcels will
be guaranteed in conjunction with future development.
Irrevocable Offers of Dedication are being made for Olympic Parkway and a portion of East
Palomar which are not required to be constructed until a later phase of development. Under
Section 7050 of the Government Code, such irrevocable offers of dedication may be accepted at
any time.
Irrevocable Offers of Dedication of Fee Interest are being made for the City Park Lot "G" because
the developer does not have an obligation to guarantee improvement of the Park until the first fInal
"B" Map is considered for approval.
Condition No. 29 of Resolution Nos. 18398 and 18613 approving the Tentative Map required the
developer to grant in fee to the City the right-of-way for the future Light Rail Transit (LRT)
system as indicated on the approved Tentative Map. The right-of-way for said LRT system has
not been dedicated in fee on the map, but has been included as part of the right-of-way for East
Palomar Street. The Metropolitan Transit Development Board (MTDB) will use the City's rights-
of-way within East Palomar Street in the future through a franchise or joint .use agreement.
MTDB has approved the right-of-way and horizontal and vertical alignments of East Palomar
Street.
9-~
Page 3, Item -9-
Meeting Date 8\4\98
The developer has executed an "A>> Map Supplemental Subdivision Improvement Agreement
which addresses several conditions of the tentative map, including but not limited to: provisions
for secondary transit stop facilities on East Palomar Street; payment of Park Acquisition and
Development fees for SPA One Community Parks; submittal of, and action by the City on, an
application for an amendment to the Otay Ranch General Development Plan for the replacement
of the Village Seven High School location with a site in either the area west of Paseo Ranchero
in Village One or the northern portion of Village Two; delivery of graded elementary school sites,
including utilities, located within Village One, Village Five and west of Paseo Ranchero prior to
the approval of the 500th, 2500th and 4500th residential permit, respectively, within Tentative
Subdivision Tract No. 96-04; provision of development and improvement phasing schedules based
upon the approved SPA One Public Facilties Financing Plan; agreement to comply with all
applicable Municipal Code Requirments.
The conditions of approval of Resolution Nos. 18398 and 18613 (Tentative Subdivision Tract No.
96-04) that are satisfied by the Supplemental Subdivision Agreement and listed herein are as
follows: Nos. 1,3,4,5,23,28,75,76,79, 82(c) and 91,83,90, 103 (d), 109, 110, 111, 112,
113, 126/127(1), 127/128(1), 128/129(1), 130/131 (cP), 131/132 (1) and 136/137(1):
Condition No. 1 - (General Preliminary). In satisfaction of Condition No. 1 of
Resolution Nos. 18398 and 18613, Developer hereby agrees, to comply with the requirements and
guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan
(npFFpn), Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the
Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall
remain in compliance with and implement the terms, conditions and provisions of said documents.
Condition No. 3 - (General Preliminary). In satisfaction of Condition No. 3 of
Resolution Nos. 18398 and 18613, Developer agrees that if any of the terms, covenants or
conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to deny the issuance of building
permits for the Project, deny, or further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The applicant shall be notified ten (10) days in
advance prior to any of the above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City within a reasonable period of time.
Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of
Resolution Nos. 18398 and 18613 , Developer agrees to indemnify, protect, defend and hold the
City harmless from and against any and all claims, liabilities and costs, including attorney's fees,
arising from challenges to the Environmental Impact Report for the Project andlor any or all
entitlements and approvals issued by the City in connection with the Project.
1 Council approved two Resolutions that apply to separate areas of Tentative Map 96-04. The two Resolutions are
identical except that condition number 119 was deleted (intentionally) from Resolution 18613. Therefore some conditions which
are worded the same in both Resolutions are numbered differently in their respective Resolutions. These condition numbers are:
Resolution 18613 - 126. 127, 128, 130(c), 131 and 136; Resolution 18398 - 127, 128, 129, 131(c), 132 and 137.
f-3
Page 4, Item q
Meeting Date ~
Condition No.5 - (General Preliminary). In satisfaction of Condition 5 of Resolution
Nos. 18398 and 18613, Developer hereby agrees, that Developer shall comply with all the
applicable SPA conditions of approval.
Condition No. 23 - (SR 125 Dedication). In satisfaction of Resolution Nos. 18398 and
18613, the Developer has made an Irrevocable Offer of Dedication (laD) on the final "A" Map
for the right-of-way for SR 125. Said right-of-way is contained in two lots Irrevocably Offered for
Dedication to the City for open space, transportation and other public purposes. The laD is
attached as a part of this agreement per Exhibit B.
Condition No. 28 - (Transit Stop Facilities). In satisfaction of Condition No. 28 of
Resolution Nos. 18398 and 18613, Developer agrees to the following:
a. Secondary Transit Stop Facilities. Developer agrees to construct, at its sole expense,
two "secondary transit stop facilities" consisting of all of the following: bus turn-out
improvements near the Community Purpose Facility CPF-5, two bus shelters, and other related
improvements, as described in the PFFP and as approved by the City Engineer, at locations along
East Palomar Street to be determined by the City Engineer. The bus turn-out facilities shall be
constructed in accordance with the Improvements Plans approved by the City Engineer.
Developer shall construct the secondary transit stop facilities in two phases; the first phase shall
consist of the turn-out facilities, the second phase shall consist of the bus shelters and related
improvements. Developer shall commence construction of the first phase improvements
concurrent with the commencement of construction of the street improvements for that portion of
East Palomar Street containing said improvements. Developer agrees to commence construction
of the second phase improvements within 90 days after receiving written notice from the Director
of Public Works to commence construction of the second phase improvements. Developer agrees
to complete construction of said facilities within two years after commencing construction of such
improvements.
i. First Phase Improvement Securities. Developer shall provide the City with
improvement securities, approved as to form by the City Attorney, in an amount equal to 110 %
of the cost of constructing the first phase improvements as estimated by the City Engineer. The
improvement securities shall be provided to the City prior to commencing construction of such
improvements and concurrent with Developer furnishing improvement securities for that portion
of East Palomar Street containing said First Phase Improvements. The improvement securities
shall be released upon completion of the improvements.
ii. Second Phase Improvement - Cash Deposit. Developer shall provide the City
with a cash deposit in an amount equal to 110% of the cost of constructing the second phase of
improvements as estimated by the City Engineer. The cash deposit shall be provided by
Developer to the City when either requested by the City Engineer or prior to Developer
commencing construction of that portion of East Palomar Street containing the second phase
improvements, 'whichever event shall occur first. The cash deposit shall be released upon
completion of the improvements. Upon request by Developer, the amount of the cash deposit may
be reduced by the City Engineer subject to the City Engineer's sole discretion.
9-1
Page 5, Item -5-
Meeting Date 8\4\98
b. Agreement Not to Protest. Developer hereby agrees not to protest the formation and
inclusion of the property in a regional benefit assessment district to finance the construction of the
Light Rail Transit. This agreement to not protest the inclusion of these public improvements shall
not be deemed a waiver of the right to challenge the amount of any assessment which may be
imposed due to the addition of these new improvements and shall not interfere with the right of
any person to vote in a secret ballot election.
c. Pedestrian Bridges. Developer acknowledges and agrees that the "pedestrian bridge"
concept is an integral element of the Project's Village Design Plan. Developer has requested that
a Development Impact Fee ("DIF") be established for the future construction of the bridges.
Developer hereby agrees that prior to the first fmal "B" Map, if no DIF mechanism has been
adopted by the City Council, the Developer shall provide cash or security to guarantee its fair
share, as fair share is determined by the City Engineer, of the pedestrian bridges connecting
Villages One to Two, Villages One to Five, and Villages Five to Six. If a Development Impact
Fee ("DIF") mechanism is adopted by the City Council and the statutory period for challenging
the DIF has expired without a challenge to the DIF, the cash deposit or security shall be released
to the Developer; provided, however, the City shall subtract from said deposit or security an
amount equal to the DIF payments that were not paid for any building permits issued for the
project prior to the establishment of the DIF. Developer acknowledges that if no DIF mechanism
is established for any reason, the City has the right to retain the cash deposit or security to pay
for the construction of said pedestrian bridges.
Condition No. 75. (Neighborhood Parks). In partial satisfaction of Condition No. 75 of
Resolution Nos. 18398 and 18613, Developer agrees to install all local (neighborhood) parks
consistent with the PFPP and agrees to install said parks, in accordance with a phasing schedule
approved by the Director of Planning. Developer shall submit the schedule describing the time
frames for installation of each park to the Director of Planning for the Director's review and
approval prior to approval of the first "B" Map.
Condition No. 76. (Neighborhood Parks). In partial satisfaction of Condition No. 76 of
Resolution Nos. 18398 and 18613, Developer agrees that all local parks shall be designed and
constructed consistent with the provisions of the Chula Vista Landscape Manual and related City
Planning, Park and Recreation specifications and policies.
Condition No. 79 (pAD Fee Reimbursement). In accordance with Condition No. 79 of
the Resolution, the parties to this Agreement agree to negotiate in good faith a PAD fee
reimbursement schedule in coordination with each construction schedule approved by the City.
Milestones will be established for partial reimbursement during the construction process.
Developer agrees that the City may withhold up to 20% of the park construction funds until the
park has been completed and accepted. Reimbursement of PAD fees shall include the interest
accrued by the City on said PAD fees minus the City's cost of processing and administering this
reimbursement program.
Condition No. 82(c) and 91 - (IODs). In satisfaction of Condition No. 82 (c) and 91 of
Resolution Nos. 18398 and 18613, Developer has made an Irrevocable Offer of Dedication (lOD)
to the City, in accordance with Government Code Section 7050, a fee interest, free and clear of
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Page 6, Item -5-
Meeting Date 8\4\98
all encumbrances, in the real properties shown on the "A" Map as park lots and open space lots
and offered to the City for acceptance on such map. The IOD is attached as part of this per Exhibit
B.
Condition No. 83 - (Community Parks). In satisfaction of Condition No. 83 of
Resolution Nos. 18398 and 18613, Developer agrees as follows:
a. Prior to the approval of each final "B" Map, the Developer shall pay PAD fees for the
Community Park based upon a formula of 1 acre per 1 ,000 residents, until such time as a turn-key
facility has been accepted by the Director of Planning. Said turn-key facility is subject to a
reimbursement mechanism to be agreed upon by the parties.
b. The parties to this Agreement agree to negotiate in good faith any subsequent
agreements or amendments to this Agreement, prior to the fIrst fmal "B" Map that may be needed
to fulftll Condition No. 83 of this Resolution, pertaining to the installation of said park
improvements.
Condition No. 90 - (No Protest of Maintenance District or Assessment District). In
satisfaction of Condition No. 90 of Resolution Nos. 18398 and 18613, Developer hereby agrees
not to protest the formation of, or the inclusion in, a maintenance district, including a community
facility district or a benefIt zone, for the maintenance of landscaped medians and scenic corridors
along streets within and adjacent to the subject subdivision. This agreement to not protest the
inclusion of these public improvements shall not be deemed a waiver of the right to challenge the
amount of any assessment which may be imposed due to the addition of these new improvements
and shall not interfere with the right of any person to vote in a secret ballot election.
Condition No. 103 (d) - (Hold Harmless from Erosion Liability) In satisfaction of
Condition No. 25 of Resolution Nos. 18398 and 18613, Developer agrees to hold the City
harrn1ess from any liability for erosion, siltation or increase of flow of drainage resulting from this
Project.
Condition No. 109 - (Backbone Facilities). In satisfaction of Condition No. 109 of
Resolution Nos. 18398 and 18613, and Section 7.1 of the Development Agreement, Developer
agrees to construct the backbone facilities identifIed under Condition 109 in accordance with the
time frames to be established pursuant to Condition 109. The parties to this Agreement agree to
negotiate in good faith any subsequent agreements as may be needed to fulfIll Condition No. 109
of this Resolution, pertaining to the installation of said backbone facilities. Developer further
agrees to provide security for the said facilities in accordance with Condition 109.
Condition No. 110 - (Schools). In partial satisfaction of Condition No. 110 of Resolution
Nos. 18398 and 18613, the Developer agrees to the following:
a. Developer has prepared and submitted an application for an amendment to the Otay
Ranch General Development Plan that shows the replacement of the Village Seven High School
location with a site in either the area west of Paseo Ranchero in Village One or the northern
portion of Village Two. The Developer agrees that the City shall not issue building permits for
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Page 7, Item q
Meeting Date ~
more than 1,400 units within SPA One until the City has acted on said proposed plan amendment,
unless the Sweetwater Union School District consents to the further issuance of such permits.
b. The Developer agrees to deliver to the Sweetwater Union School District a graded
high school site including utilities provided to the site and an all-weather access road acceptable
to said District prior to issuance of the 2,650th building permit for the Property or upon written
request by the District not prior to 1,8ooth such permit. The all-weather access road shall also
be acceptable to the Fire Department. The Developer understands and agrees that this schedule
is subject to modification by the Sweetwater Union High School District as based on District
facility needs.
Condition No. 111 - (Schools). In partial satisfaction of Condition No. 111 of Resolution
Nos. 18398 and 18613, the Developer hereby agrees to deliver to the Chula Vista Elementary
School District, a graded elementary school site including utilities provided to the site and an all
weather access road acceptable to the District, located within Village One, prior to issuance of the
500th residential building permit. The all-weather access road shall also be acceptable to the Fire
Department. The Developer understands and agrees that this schedule is subject to modification
by the Chula Vista Elementary School District as based on said District's facility needs.
Condition No. 112 - (Schools). In partial satisfaction of Condition No. 112 of the
Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, a
graded elementary school site including utilities provided to the site and an all-weather access road
acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential
building permit. The all-weather access road shall also be acceptable to the Fire Department. The
Developer understands and agrees that this schedule is subject to modification by the Chula Vista
Elementary School District as based on said District's facility needs.
Condition No. 113 - (Schools). In partial satisfaction of Condition No. 113 of the
Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, a
graded elementary school site including utilities provided to the site and an all-weather access road
acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,5ooth
residential building permit. The all-weather access road shall also be acceptable to the Fire
Department. The Developer understands and agrees that this schedule is subject to modification
by the School District as based on said District's facility needs.
Condition No. 126/127 - (Development Phasing Plan). In satisfaction of Condition No.
126 of Resolution No. 18613 and Condition No. 127 of Resolution No. 18398, Developer agrees
that if phasing is proposed within an individual map or through multiple [mal maps, the Developer
shall submit and obtain approval for a development phasing plan by the City Engineer and
Director of Planning prior to approval of any [mal map. Improvements, facilities and dedications
to be provided with each phase or unit of development shall be as determined by the City Engineer
and Director of Planning. The City reserves the right to require said improvements, facilities
and/or dedications as necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Planning Director may, at their discretion,
modify the sequence of improvement construction should conditions change to warrant such a
revision.
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Condition No. 127/128 - (PFFP). In satisfaction of Condition No. 127 of Resolution No.
18613 and Condition No. 128 of Resolution No. 18398, Developer agrees to the following:
Adhere to the PFFP and any amendments thereto, approved by the City Council, including
but not limited to the, SPA and tentative map improvements installed in accordance with said Plan
or as required to meet threshold standards adopted by the City. Developer and City acknowledge
that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the
location and rate of development within and outside of the project area. 'Throughout the build-out
of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the
development of EastLake III). Developer understands that neither the PFFP nor any other SPA
One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the
SPA One's facility improvement requirements to those identified in the PFFP. Developer
acknowledges that compliance with the City's threshold standards, based on actual development
patterns and updated forecasts in reliance on changing entitlements and market conditions, shall
govern SPA One development patterns and the facility improvement requirements to serve said
development. In addition, the sequence in which improvements are constructed shall correspond
to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth
Management Program and Ordinance adopted by the City. Developer understands and agrees that
the City Engineer may modify the sequence of improvement construction should conditions change
to warrant such a revision. Developer agrees that concurrent with the approval of the first final
map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP
Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement
Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of
construction of the public facilities, including without limitation, the nature, sizing, extent and
timing for the construction of public facilities caused by SPA One, shall become a condition for
all subsequent SPA One entitlements, including tentative and final maps.
Condition Nos. 128/129 - (Code Requirements). In satisfaction of Condition No. 128
of Resolution Nos. 18613 and Condition No. 129 of Resolution Nos. 18398, Developer agrees to
comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees
that any final map for the Project and all plans for said Project shall be prepared in accordance
with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance
and Subdivision Manual.
Condition Nos. 130/131 (c) - (Sewer Fees) In satisfaction of Condition No. 130 (c) of
Resolution Nos. 18613 and Condition No. 131 (c) Resolution Nos. 18398, Developer shall pay
all applicable sewer fees, including but not limited to sewer connection fees (including such fees
for school sites).
Condition No. 131/132 - (Code Requirements). In satisfaction of Condition No. 131 of
Resolution Nos. 18613 and Condition No. 131 of Resolution Nos. 18398, Developer agrees to
comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The Developer shall be responsible for providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer.
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Condition No. 136/137 - (Code Requirements). In satisfaction of Condition No. 136 of
Resolution Nos. 18613 and Condition No. 137 of Resolution Nos. 18398, Developer agrees to
comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be
amended from time to time by the City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan implementation (19.09.090), and public
facilities fmance plan amendment procedures (19.09.100). Developer further acknowledges and
agrees that the City is presently in the process of amending its Growth Management Ordinance to
add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with
adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said
provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient
street system capacity to accommodate a proposed development as a prerequisite to final map
approval for that development, and the applicant hereby agrees to comply with adopted
amendments to the Growth Management Ordinance.
FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed
"A" Map and agreement.
Attachments :
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Minutes of 11/19/96 and 3/25/97 (Resolution Nos. 18398 and 18613, respectively)NOT SCANNEr
Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5 NO'.f ;)\..i'U"~ 't.o:.JJ
Developer's Disclosure Statement NOT t;:,.. 41\'11\T1;"n...
Irrevocable Offer of Dedication for Roads: 'l'~&'~pace and Public
Purposes
H:IHOMEIENGINEERIAGENDA I V5 _ MAPA1.DRS
DRS/drs File No. 0600-80-0R113F
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RESOLUTION NO.
l1,:l ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL "A" MAP NO. 1 FOR
CHULA VISTA TRACT NO. 96 - 04, OTAY RANCH SPA
ONE VILLAGE 5, REJECTING ON BEHALF OF THE
PUBLIC EAST PALOMAR STREET, OLYMPIC PARKWAY
AND THE EASEMENT FOR STREET AND PUBLIC
PURPOSES. ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE PUBLIC DRAINAGE EASEMENTS AND
ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND
ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION. ACKNOWLEDGING ON BEHALF OF
THE PUBLIC THE IRREVOCABLE OFFERS OF
DEDICATION OF FEE INTEREST OF EAST PALOMAR
STREET, OLYMPIC PARKWAY AND THE EASEMENT FOR
STREET AND PUBLIC PURPOSES, LOT "G" FOR PUBLIC
PARK PURPOSES, LOT "H" FOR OPEN SPACE AND LOT
"I" FOR PUBLIC IMPROVEMENTS
WHEREAS, on November 19, 1996, by Resolution No. 18398
the City Council approved a portion of the Tentative Subdivision
Map for Chula Vista Tract 96-04, Otay Ranch SPA One, (Otay Ranch
Villages One and a portion of Village 5, excluding 288 Acres
located in a portion of Villages One and Five). On March 25, 1997,
by Resolution No. 18613, the City Council approved a portion of the
Tentative Subdivision Map 96-04 (Otay Ranch Village Five,
Neighborhoods 28, 29, 30, 31 and 39); and
WHEREAS, Condition No. 117 of the Resolution requires the
developer to submit and obtain approval of the City of a master
final map ("A" Map) over the portion of the tentative map within
each Village area showing "super block" lots; and
WHEREAS, the "A" map is also required to show the
backbone street dedication and utility easements required to serve
the "super block" lots; and
WHEREAS, all "super block" lots created are also required
to have access to a dedicated public street; and
WHEREAS, the first final "A" Map for Otay Ranch SPA One
Village 5 is now before Council for approval.
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NOW, THEREFORE, BE IT RESOLVED the City Council of the
Chula Vista does hereby approve Final "A" Map No. 1 for Chula Vista
Tract No. 96-04, Otay Ranch SPA One, Village 5, rejecting on Behalf
of the public East Palomar Street, Olympic Parkway and the easement
for street and public purposes. Accepting on behalf of the City of
Chula Vista public drainage easements and the assignable and
irrevocable general utility and access easements granted on said
map within said subdivision, acknowledging on behalf of the public
the Irrevocable Offers of Dedication of East Palomar Street,
Olympic Parkway and easement for street and public purposes, the
Irrevocable Offers of Dedication of Fee interest of Lots "8" for
Public Park Purposes, "H" for Open Space and "I" for Public
Improvements.
Presented by
Approved as to form by
//" j. v?, (
(fJ!.#,r',r;'; ;/ I. (;~J:~
Joh~ M:rKaheny ~~
City Attorney
John P. Lippit
Director of Public Works
c:\cbs\cvcity\reso\ORSlVILL.5DR
2
f-I(
RESOLUTION NO. 111 '2.5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING "Au MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENTS AGREEMENT FOR CHULA
VISTA TRACT 96-04, OTAY RANCH SPA ONE PORTION
OF VILLAGE 5, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the developer for Otay Ranch Spa One Village 5
has executed a Supplemental Subdivision Improvement Agreement
(SSIA) in order to satisfy Conditions 1, 3, 4, 5, 23, 28, 75, 76,
79, 82 (c), 91, 83, 90, 103 (d), 109, 1l0, 111, 112, 113, 126, 127,
128, 130(c), 131, and 136 of Resolution 18613 and Conditions 1, 3,
4, 5, 23, 28, 75, 76, 79, 82 (c), 91, 83, 90, 103 (d), 109, 110, Ill,
112, 113, 127, 128, 129, 131(c), 132, and 137 of Resolution 18398
approving the Tentative Map for Chula Vista Tract No. 96-04.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 96-04
Otay Ranch SPA One Portion of Village 5 a copy of which is on file
in the office of the City Clerk as Document No. t]./)q~-llq.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippit
Director of Public Works
c:\cbs\cvcity\reso\ORS1VILL.5
y-I:t
.
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
Above Space for Recorder1s Use
VILLAGE 5 OF THE OTAY RANCH PROJECT
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 1, 3, 4, 5, 23, 28, 75, 76, 79, 82(c) and 91, 83,
90, 103 (d), 109, 110, 111, 112, 113, 127, 128, 129, 131(c) , 132,
137 of Resolution No. 18398 and Conditions 1, 3, 4, 5, 23, 28, 75,
76, 79, 82 (c) and 91, 83, 90, 103 (d), 109, 110, 111, 112, 113,
126, 127, 128, 130(c), 131, 136 of Resolution No. 18613)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this _ day of July, 1998, by and between
THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and OTAY PROJECT, LLC, a Delaware limited
liability company, ("Developer" or "Grantor"), with reference to
the facts set forth below, which recitals constitute a part of this
Agreement:
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Wqg-lIr
<R tq l :1.6
RECITALS
A. This Agreement concerns and affects:certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Village 5 of
the Otay Ranch Project. For purposes of this Agreement the term
"Project" shall also mean "Property".
B. "Owner" or "Developer" means the person, persons or entity
having a legal or an equitable interest in the property or parts
thereof and includes Owner's successors-in-interest- and assignors
of any property within the boundaries of the "A" Map.
C. Developer and/or Developer's predecessor in interest has
applied for and the City has approved a Tentative Subdivision Map
commonly referred to as Chula Vista Tract 96-04 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution Nos. 18398 and 18613
("Resolutions") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolutions. The conditions are attached hereto
as Schedule "1."
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement. Developer
understands that subsequent final maps may be subject to the same
security, terms and conditions contained herein.
F. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. For purposes of this Agreement, "B" Map means any
final map subsequent to the "A" Map and within the "A" Map
boundaries.
b. "commencing construction" means when a construction
permit or other such approval has been obtained from the City or a
construction contract has been awarded for the improvement,
whichever occurs first.
c. "complete construction" means when construction on
said improvement has been completed and the City accepts the
improvement.
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d. "guest builder"
interest in the Property or a
"A" Map has been recorded.
means those entities obtaining any
portion of the Property, after the
e. "PFFP" means the SPA I Public' Facilities Financing
Plan adopted by Resolution No. 18286 as may be amended from time to
time.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors, assigns
and interests of the parties as to any or all of the Property until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants
contained in this Agreement ("Burden") is for the benefit of the
Property and the City, its successors and assigns and any successor
in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breach to which it or any
other beneficiaries of this Agreement and the covenants may be
entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project to a guest builder,
Developer may request to be released from Developer'S obligations
under this Agreement, that are expressly assumed by the guest
builder. Developer must obtain the written consent of the City to
such release. Such assignment to the guest builder shall, however,
be subject to this Agreement and the Burden of this Agreement shall
remain a covenant running with the land. The City shall not
withhold its consent to any such request for a release so long as
the assignee acknowledges that the Burden of the Agreement runs
with the land, assumes the obligations of the Developer under this
Agreement, and demonstrates, to the satisfaction of the City, its
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ability to perform its obligations under this Agreement as it
relates to the portion of the Project which is being acquired by
the Assignee.
d. Partial Release of Developer's Assignees. If Developer
assigns any portion of the Project subject to the Burden of this
Agreement, upon request by the Developer or its assignee, the City
shall release the assignee of the Burden of this Agreement as to
such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City,
jeopardize the likelihood that the remainder of the Burden will not
be completed.
e. Release of Individual Lots. Upon the occurrence of any of
the following events, Developer shall, upon receipt of the prior
written consent of the City Manager (or Manager's designee), have
the right to release any lot(s) from Developer's obligation under
this Agreement:
i. The execution of a purchase agreement for the sale
of a residential lot to a buyer of an individual housing unit;
ii.
Association;
The conveyance of a lot to a Homeowner's
iii. The execution of a purchase agreement for the sale
of a Commercial or Community Purpose Facility lot as identified in
SPA One Plan; or
iv. The issuance of a permit for the development of a
multifamily lot as identified in the SPA One Plan.
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee) which confirms the release of such
lot or parcel from the encumbrance of this Agreement.
Notwi thstanding the foregoing, at the close of an individual
homeowner's escrow or conveyance to a homeowner's association of
any lot or parcel encumbered by this Agreement, such lot or parcel
shall be automatically released from the encumbrance hereof.
2. Condition No.1 - {General preliminary}. In satisfaction
of Condition No. 1 of Resolution Nos. 18398 and 18613, Developer
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hereby agrees, to comply with the requirements and guidelines of
the Parks, Recreation, Open Space and Trails Plan, Public
Facilities Financing Plan ("PFFP"), Ranch Wide Affordable Housing
Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy
Conservation Plan, as may be amended from time to time, and shall
remain in compliance with and implement the terms, conditions and
provisions of said documents.
3. Condition No.3 - (General Preliminary). In satisfaction
of Condition No.3 of Resolution Nos. 18398 and 18613, Developer
agrees that if any of the terms, covenants or conditions contained
within the Resolution shall fail to occur or if they are, by their
terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to
their terms, the City shall have the right to deny the issuance of
building permits for the Project, deny, or further condition the
subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their
violation. The applicant shall be notified ten (10) days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City within a reasonable period of time.
4. Condition No. 4 - (General Preliminary). In satisfaction
of Condition No.4 of Resolution Nos. 18398 and 18613 , Developer
agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs,
including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all
entitlements and approvals issued by the City in connection with
the Project.
5. Condition No. 5 - (General Preliminary). In satisfaction
of Condition 5 of Resolution Nos. 18398 and 18613, Developer hereby
agrees, that Developer shall comply with all the applicable SPA
conditions of approval.
6. Condition No. 23 (SR 125 Dedication). In
satisfaction of Condition No. 23 of Resolution Nos. 18398 and
18613, the Developer has made Irrevocable Offers of Dedication
(IOD) on the final "A" Map for the right-of-way for SR 125. Said
right-of-way is contained in one lot Irrevocably Offered for
Dedication to the City for open space and one lot Irrevocably
Offered for Dedication for public purposes. The IODs are attached
as a part of this agreement per Exhibit B.
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7. Condition No. 28 (Transit Stop Facilities). In satisfaction
of Condition No. 28 of Resolution Nos. 18398 and 18613, Developer
agrees to the following:
a. Secondary Transit Stop Facilities. Developer agrees to
construct, at its sole expense, two "secondary transit stop
facilities" consisting of all of the following: bus turn-out
improvements near the Community Purpose Facility CPF-S, two bus
shelters, and other related improvements, as described in the PFFP
and as approved by the City Engineer, at locations along East
Palomar Street to be determined by the City Engineer. The bus turn-
out facilities shall be constructed in accordance with the
Improvements Plans approved by the City Engineer. Developer shall
construct the secondary transit stop facilities in two phases; the
first phase shall consist of the turn-out facilities, the second
phase shall consist of the bus shelters and related improvements.
Developer shall commence construction of the first phase
improvements concurrent with the commencement of construction of
the street improvements for that portion of East Palomar Street
containing said improvements. Developer agrees to commence
construction of the second phase improvements within 90 days after
receiving written notice from the Director of Public Works to
commence construction of the second phase improvements. Developer
agrees to complete construction of said facilities within two years
after commencing construction of such improvements.
i. First Phase Improvement Securities. Developer shall
provide the City with improvement securities, approved as to form
by the City Attorney, in an amount equal to 110% of the cost of
constructing the first phase improvements as estimated by the City
Engineer. The improvement securities shall be provided to the City
prior to commencing construction of such improvements and
concurrent with Developer furnishing improvement securities for
that portion of East Palomar Street containing said First Phase
Improvements. The improvement securities shall be released upon
completion of the improvements.
ii. Second Phase Improvement - Cash Deposit. Developer
shall provide the City with a cash deposit in an amount equal to
110% of the cost of constructing the second phase of improvements
as estimated by the City Engineer. The cash deposit shall be
provided by Developer to the City when either requested by the City
Engineer or prior to Developer commencing construction of that
portion of East Palomar Street containing the second phase
improvements, whichever event shall occur first. The cash deposit
shall be released upon completion of the improvements. Upon request
by Developer, the amount of the cash deposit may be reduced by the
City Engineer subject to the City Engineer's sole discretion.
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b. Agreement Not to Protest. Developer hereby agrees not to
protest the formation and inclusion of the property in a regional
benefit assessment district to finance the construction of the
Light Rail Transit. This agreement to not protest the inclusion of
these public improvements shall not be deemed a waiver of the right
to challenge the amount of any assessment which may be imposed due
to the addition of these new improvements and shall not interfere
with the right of any person to vote in a secret ballot election.
c. pedestrian Bridges. Developer acknowledges and agrees
that the "pedestrian bridge" concept is an integral element of the
Project's Village Design Plan. Developer has requested that a
Development Impact Fee ("DIF") be established. Developer hereby
agrees that prior to the first final "B" Map, if no DIF mechanism
has been adopted by the City Council, the Developer shall provide
cash or security to guarantee that its fair share, as fair share is
determined by the City Engineer, of the pedestrian bridges
connecting Villages One to Two, Villages One to Five, and Villages
Five to six. If a Development Impact Fee ("DIF") mechanism is
adopted by the City Council and the statutory period for
challenging the DIF has expired without a challenge to the DIF, the
cash deposit or security shall be released to the Developer;
provided, however, the City shall subtract from said deposit or
security an amount equal to the DIF payments that were not paid for
any building permits issued for the project prior to the
establishment of the DIF. Developer acknowledges that if no DIF
mechanism is established for any reason, the City has the right to
retain the cash deposit or security to pay for the construction of
said pedestrian bridges.
8. Condition No. 75. (Neighborhood Parks). In partial
satisfaction of Condition No. 75 of Resolution Nos. 18398 and
18613, Developer agrees to install all local (neighborhood) parks
consistent with the PFFP and agrees to install said parks, in
accordance with a phasing schedule approved by the Director of
Planning. Developer shall submit the schedule describing the
time frames for installation of each park to the Director of
Planning for the Director's review and approval prior to approval
of the first "B" Map.
9. Condition No. 76. (Neighborhood Parks). In partial
satisfaction of Condition No. 76 of Resolution Nos. 18398 and
18613,Developer agrees that all local parks shall be designed and
constructed consistent with the provisions of the Chu1a Vista
Landscape Manual and related City Planning, Park and Recreation
specifications and policies.
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10. Condition No. 79 (PAD Fee Reimbursement). In accordance
with Condition No. 79 of Resolution Nos. 18398 and 18613, the
parties to this Agreement agree to negotiate in good faith a PAD
fee reimbursement schedule in coordination with each construction
schedule approved by the City. Milestones will be established
for partial reimbursement during the construction process.
Developer agrees that the City may withhold up to 20% of the park
construction funds until the park has been completed and
accepted. Reimbursement of PAD fees shall include the interest
accrued by the City on said PAD fees minus the City's cost of
processing and administering this reimbursement program.
11. Condition No. 82(0) and 91 - (IODs). In satisfaction
of Condition No. 82 (c) and 91 of Resolution Nos. 18398 and
18613, Developer has made an Irrevocable Offer of Dedication
(IOD) to the City, in accordance with Government Code Section
7050, a fee interest, free and clear of all encumbrances, in the
real properties shown on the "A" Map as park lots and open space
lots and offered to the City for acceptance on such map. The IOD
is attached as part of this per Exhibit B.
12. Condition No. 83 - (Community Parks). In satisfaction
of Condition No. 83 of Resolution Nos. 18398 and 18613, Developer
agrees as follows:
a. Prior to the approval of each final "B" Map, the
Developer shall pay PAD fees for the Community Park based upon a
formula of 1 acre per 1,000 residents, until such time as a turn-
key facility has been accepted by the Director of Planning. Said
turn-key facility is subject to a reimbursement mechanism to be
agreed upon by the parties.
b. The parties to this Agreement agree to negotiate in good
faith any subsequent agreements or amendments to this Agreement,
prior to the first final "B" Map that may be needed to fulfill
Condition No. 83 of this Resolution, pertaining to the
installation of said park improvements.
13. Condition No. 90 - (No Protest of Maintenance District
or Assessment District). In satisfaction of Condition No. 90 of
Resolution Nos. 18398 and 18613, Developer hereby agrees not to
protest the formation of or the inclusion in, a maintenance
district, including a community facility district or a benefit
zone, for the maintenance of landscaped medians and scenic
corridors along streets within and adjacent to the subject
subdivision. This agreement to not protest the inclusion of
these public improvements shall not be deemed a waiver of the
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right to challenge the amount of any assessment which may be
imposed due to the addition of these new improvements and shall
not interfere with the right of any person to vote in a secret
ballot election.
14. Condition No. 103 (d) - (Hold Harmless from Erosion
Liability) In satisfaction of Condition No. 103 (d) of Resolution
Nos. 18398 and 18613, Developer agrees to hold the City harmless
from any liability for erosion, siltation or increase of flow of
drainage resulting from this Project.
15. Condition No. 109 - (Backbone Facilities). In
satisfaction of Condition No. 109 of Resolution Nos. 18398 and
18613, and Section 7.1 of the Development Agreement, Developer
agrees to construct the backbone facilities identified under
Condition 109 in accordance with the time frames to be
established pursuant to Condition 109. The parties to this
Agreement agree to negotiate in good faith any subsequent
agreements as may be needed to fulfill Condition No. 109 of this
Resolution, pertaining to the installation of said backbone
facilities. Developer further agrees to provide security for the
said facilities in accordance with Condition 109.
16. Condition No. 110 - (Schools). In partial satisfaction
of Condition No. 110 of Resolution Nos. 18398 and 18613, the
Developer agrees to the following:
a. Developer has prepared and submitted an application
for an amendment to the Otay Ranch General Development plan that
shows the replacement of the Village Seven High School location
with a site in either the area west of Paseo Ranchero in Village
One or the northern portion of Village Two. The Developer agrees
that the City shall not issue building permits for more than
1,400 units within SPA One until the City has acted on said
proposed plan amendment, unless the Sweetwater Union School
District consents to the further issuance of such permits.
b. The Developer agrees to deliver to the Sweetwater
Union School District a graded high school site including
utilities provided to the site and an all-weather access road
acceptable to said District prior to issuance of the 2,650th
building permit for the Property or upon written request by the
District not prior to 1,800th such permit. The all-weather
access road shall also be acceptable to the Fire Department. The
Developer understands and agrees that this schedule is subject to
modification by the Sweetwater Union High School District as
based on District facility needs.
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17. Condition No. 111 - (Schools). In partial satisfaction
of Condition No. 111 of Resolution Nos. 18398 and 18613, the
Developer hereby agrees to deliver to the Chula Vista Elementary
School District, a graded elementary school :site including
utilities provided to the site and an all weather access road
acceptable to the District, located within Village One, prior to
issuance of the SOOth residential building permit. The all-
weather access road shall also be acceptable to the Fire
Department. The Developer understands and agrees that this
schedule is subject to modification by the Chula Vista Elementary
School District as based on said District's facility needs.
18. Condition No. 112 - (Schools). In partial satisfaction
of Condition No. 112 of Resolution Nos. 18398 and 18613, the
Developer agrees to deliver to the Chula Vista Elementary School
District, a graded elementary school site including utilities
provided to the site and an all-weather access road acceptable to
the District, located within Village Five, prior to issuance of
the 2,SOOth residential building permit. The all-weather access
road shall also be acceptable to the Fire Department. The
Developer understands and agrees that this schedule is subject to
modification by the Chula Vista Elementary School District as
based on said District's facility needs.
19. Condition No. 113 - (Schools). In partial satisfaction
of Condition No. 113 of Resolution Nos. 18398 and 18613, the
Developer agrees to deliver to the Chula Vista Elementary School
District, a graded elementary school site including utilities
provided to the site and an all-weather access road acceptable to
the District, located west of Paseo Ranchero, prior to issuance
of the 4,SOOth residential building permit. The all-weather
access road shall also be acceptable to the Fire Department. The
Developer understands and agrees that this schedule is subject to
modification by the School District as based on said District's
facility needs.
20. Condition Nos. 126/127 - (Development Phasing Plan). In
satisfaction of Condition No. 126 of Resolution No. 18613 and
Condition No. 127 of Resolution No. 18398, Developer agrees that
if phasing is proposed within an individual map or through
multiple final maps, the Developer shall submit and obtain
approval for a development phasing plan by the City Engineer and
Director of Planning prior to approval of any final map.
Improvements, facilities and dedications to be provided with each
phase or unit of development shall be as determined by the City
Engineer and Director of Planning. The City reserves the right
to require said improvements, facilities and/or dedications as
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necessary to provide adequate circulation and to meet the
requirements of police and fire departments. The City Engineer
and Planning Director may, at their discretion, modify the
sequence of improvement construction should,conditions change to
warrant such a revision.
21. Condition No. 127/128 - (PFFP).
Condition No. 127 of Resolution No. 18613
of Resolution No. 18398, Developer agrees
In satisfaction of
and Condition No. 128
to the following:
Adhere to the PFFP and any amendments thereto, approved by
the City Council, including but not limited to the, SPA and
tentative map improvements installed in accordance with said Plan
or as required to meet threshold standards adopted by the City.
Developer and City acknowledge that the PFFP identifies a
facility phasing plan based upon a set of assumptions concerning
the location and rate of development within and outside of the
project area. Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP
(i.e., the development of EastLake III). Developer understands
that neither the PFFP nor any other SPA One document grant the
Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those
identified in the PFFP. Developer acknowledges that compliance
with the City'S threshold standards, based on actual development
patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to
serve said development. In addition, the sequence in which
improvements are constructed shall correspond to any future
Eastern Chula Vista Transportation Phasing Plan or amendment to
the Growth Management Program and Ordinance adopted by the City.
Developer understands and agrees that the City Engineer may
modify the sequence of improvement construction should conditions
change to warrant such a revision. Developer agrees that
concurrent with the approval of the first final map approved
after a Public Facility Financing Plan has been approved for the
EastLake III GDP Area, the Developer shall update, at Developer's
sole expense and subject to a Reimbursement Agreement, the SPA 1
PFFP and agrees that the City Engineer may change the timing of
construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the
construction of public facilities caused by SPA One, shall become
a condition for all subsequent SPA One entitlements, including
tentative and final maps.
22. Condition Nos. 128/129 - (Code Requirements). In
satisfaction of Condition No. 128 of Resolution Nos. 18613 and
Condition No. 129 of Resolution Nos. 18398, Developer agrees to
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comply with all applicable sections of the Chula Vista Municipal
Code. Developer further agrees that any final map for the
Project and all plans for said Project shall be prepared in
accordance with the provisions of the Subdi~ision Map Act and the
City of Chula Vista Subdivision ordinance and Subdivision Manual.
23. Condition Nos. 130(c)/131(c) - (Sewer Fees) In
satisfaction of Condition No. 130(c) of Resolution Nos. 18613 and
Condition No. 131(c) Resolution Nos. 18398, Developer shall pay
all applicable sewer fees, including but not limited to sewer
connection fees (including such fees for school sites).
24. Condition No. 131/132 - (Code Requirements). In
satisfaction of Condition No. 131 of Resolution Nos. 18613 and
Condition No. 132 of Resolution Nos. 18398, Developer agrees to
comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Developer shall be
responsible for providing all required testing and documentation
to demonstrate said compliance as required by the City Engineer.
25. Condition No. 136/137 - (Code Requirements). In
satisfaction of Condition No. 136 of Resolution Nos. 18613 and
Condition No. 137 of Resolution Nos. 18398, Developer agrees to
comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the
City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures (19.09.100). Developer further acknowledges
and agrees that the City is presently in the process of amending
its Growth Management Ordinance to add a proposed Section
19.09.105, to establish provisions necessary to ensure compliance
with adopted threshold standards (particularly traffic) prior to
construction of State Route 125. Said provisions will require
the demonstration, to the satisfaction of the City Engineer, of
sufficient street system capacity to accommodate a proposed
development as a prerequisite to final map approval for that
development, and the applicant hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
26. Open Space. Prior to approval of the first "B" map for
the Project, Developer agrees to convey open space land or pay
the required in-lieu fee in accordance with the Resource
Management Plan phase II approved by Resolution No. 18416, for
all development areas, including applicable streets, open space
lots, paseos, pedestrian parks and slope areas shown on the "A"
Map.
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27. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of
Developer's obligation of Conditions: 1, 3, 4, 5, 23, 28, 75, 76,
79, 82 (c) and 91, 83, 90, 103 (d), 109, 110,: 111, 112, 113, 127,
128, 129, 131(c), 132, 137 of Resolution No. 18398 and Conditions
1, 3, 4, 5, 23, 28, 75, 76, 79, 82 (c) and 91, 83, 90, 103 (d),
109, 110, 111, 112, 113, 126, 127, 128, 130(c), 131, 136 of
Resolution No. 18613. Developer further understands and agrees
that the some of the provisions herein may be required to be
performed or accomplished prior to the approval of other final
maps for the Project, as may be appropriate.
28. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Tentative Map,
established by Resolution Nos. 18398 and 18613 and shall remain
in compliance with and implement the terms, conditions and
provisions therein.
29. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the "A" Map.
30. Building Permits. Developer and Guest Builders
understand and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
31. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.s. mail, certified
or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
July 28, 1998
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Developer:
Otay Project, LLC
11975 El Camino Real, Suite:l04
San Diego, CA 92130
Attn: Kim John Kilkenny
Fax (619) 259-4364
South Bay Project, LLC
191 West Wilbur Road, Suite 102
Thousand Oaks, CA 91360
Attention: David Green
Fax (805) 379-4472
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any
other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals and exhibits set
forth above are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
July 28, 1998
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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
DEVELOPER:
OTAY PROJECT, LLC, a Delaware
limited liability company
Mayor
Attest:
By: Otay Ranch Development, LLC,
a Delaware limited liability
By~om~<4~
Its: ~"iu.f ~
Beverly Authelet
City Clerk
Approved as to Form:
John M. Kaheny
City Attorney
July 22, 199B
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Recording requested by and
please retum to:
~A
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits City
only. No fee is required
~)
C.V. File No. OR-l13 F
APN(s)
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OT A Y PROJECT LLC A CALIFORNIA LIMITED LIABILITY COMPANY represents
that, as the owner( s) of the herein-described real property, (in the case of multiple owners,
collectively referred to as "Grantor"), hereby make(s) an Irrevocable Offer of Dedication of fee
interest to the City of Chula Vista, A Municipal Corporation, of the hereinafter described real
property for the following public purpose: FOR STREET AND OTHER PUBLIC PURPOSES.
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows:
OLYMPIC P ARKW A Y AND EAST PALOMAR STREET OF CHULA VISTA TRACT NO.
96-04, OTA Y RANCH VILLAGE 5 "A" MAP NO.1 ACCORDING TO MAP NO.
(Contains 11.922 Acres, More or Less)
This Offer of Dedication is made pursuant to Section 7050 ofthe Government Code of the State
of California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication offee interest shall be irrevocable and shall be binding on the Grantor, its
heirs, executors, administrators, successors and assigns.
Page 1 of2
9-J-8 / r- ~f
SIGNATURE PAGE
This 'Z~1:D day Of~ . l~
Sig~e(s): OTAY PROJECT. LLC. A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER.
BY: TA A CH DEVELOPMENT LLC A DELAWARE LIMITED LIABILITY COMPANY.
BY:
ETA
VICE PRESIDENT
(Notary acknowledgment required for each signatory)
This is to certify that the interest in real property offered herein to the City of Chula VISta. a
governmental agency, is hereby acknowledged by the undersigned. City Clerk, on behalf of the
Chula VISta City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5. 1990. and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
BEVERLY A. AUTHELET
CITY CLERK
By:
Dated:
Page 2 of2
1'-30
Recording requested by and
pleose return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instnnnent benefits City
only. No fee is required
~)
C.V. File No. OR-I13 F
APN(s)
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OT A Y PROJECT LLC A CALIFORNIA LIMITED LIABILITY COMPANY. represents
that, as the owner(s) of the herein-described real property, (in the case of multiple owners,
collectively referred to as "Grantor"), hereby make(s) an Irrevocable Offer of Dedication of fee
interest to the City of Chula Vista, A Municipal Corporation, of the hereinafter described real
property for the following public purpose: OPEN SPACE. TRANSPORTATION. AND OTHER
PUBLIC PURPOSES
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows:
LOT "I" OF CHULA VISTA TRACT NO. 96-04, OTAYRANCHVILLAGE 5 "A" MAP NO.
1 ACCORDING TO MAP NO.
(Contains 15.477 Acres, More or Less)
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State
of California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its
heirs, executors, administrators, successors and assigns.
Page 1 of2
f-3/
SIGNATURE PAGE
This ~ day oCJbtJY
, li}f,
Signature(s):
BY:
KENT ADEN:
VICE PRESIDENT
(Notary acknowledgment required for each signatory)
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency. is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5. 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
BEVERLY A. AUTHELET
CITY CLERK
By:
Dated.
Page 2 of 2
f-3~
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits City
only. No fee is required
~)
C.V. File No. OR-l13 F
APN(s)
IRREVOCABLE OFFER
OF DEDlCA nON OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OT A Y PROJECT LLC A CALIFORNIA LIMITED LIABILITY COMPANY. represents
that, as the owner(s) of the herein-descnbed real propertY, (in the case of multiple owners,
collectively referred to as "Grantor"), hereby make(s) an Irrevocable Offer of Dedication of fee
interest to the City of Chula Vista, A Municipal Corporation, of the hereinafter described real
propertY for the following public purpose: TRANSPORTATION ANn OTHER PTTRT.TC
PURPOSES
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows:
LOT "H" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE 5 "A" MAP
NO.1 ACCORDING TO MAP NO.
(Contains 2.415 Acres, More or Less)
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State
of California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication offee interest shall be irrevocable and shall be binding on the Grantor, its
heirs, executors, administrators, successors and assigns.
Page 1 of2
C(- ~3
SIGNATURE PAGE
This ~ day of .lIJL'/
. lilB
Sigoature(s):
BY:
KENT ADEN:
V I CE PRES IDENT
(Notary acknowledgment required for each signatory)
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by the U1Iilersigned, City Clerk, on behalf of the
ChuJa VISta City Council pursuont to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
BEVERLY A. AUTHELET
CITY CLERK
By:
Dated:
Page 2 of 2
7-31
. ,
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chola Vista, CA 91912
This instrument benefits City
only. No fee is required
~)
C.V. File No. OR-I 13 F
APN(s)
IRREVOCABLE OFFER
OF DEDlCA nON OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OT A Y PROJECT LLC A CALIFORNIA LIMITED LIABILITY COMPANY. represents
that, as the owner(s) of the herein-described real property, (in the case of multiple owners,
collectively referred to as "Grantor"), hereby make(s) an Irrevocable Offer of Dedication of fee
interest to the City of Chula Vista, A Municipal Corporation, of the hereinafter described real
property for the following public purpose: PUBLIC PARK PURPOSES.
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly descnbed as follows:
LOT "G" OF CHULA VISTA TRACT NO. 96-04, OT A Y RANCH VILLAGE 5 "A" MAP
NO. 1. ACCORDING TO MAP NO.
(Contains 1.570 Acres, More or Less)
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State
of California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication offee interest shall be irrevocable and shall be binding on the Grantor, its
heirs, executors, administrators, successors and assigns.
Page 1 of2
9 - S.5
,
SIGNATURE PAGE
This Zf~daYOf~LY
.1dE5
Signature(s): OTAY PROJECT. LLC. A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER.
::: ~~LC. A DELAWARE LIMITEO LIABILITY COMPANY.
.~. .
V I CE PRES !DENT
(NotaI}' acknowledgment required for each signatory)
This is to certify that the interest in real property offered herein to the City of Chula VISta, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
BEVERLY A. AUTHELET
CITY CLERK
By:
Dated'
Page 2 of2
f-~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item-b-
2J, Meeting Date 8/4/98
Resolution \q I Declaring the intent to annex Parcel No. 639-160-32
and the right-of-way for East Naples Street on the southern boundary to
Open Space District No. 18 and setting the time and place for the public
hearing
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City ManageTDR ~ ~\ (4/5thsVote:Yes_ NoX)
The final parcel map to subdivide Parcel No. 639-160-32 is currently in process. The parkway along
East Naples Street to the south of this parcel, which is part of the right-of-way for East Naples Street,
is adjacent to Open Space District No. 18 but has not yet been officially annexed to the District.
RECOMMENDATION: That Council adopt the above resolution, thereby:
1. Initiating assessment ballot procedures applicable to the annexation of Parcel No. 639-160-32
to Open Space District No. 18
2. Directing the City to publish the Resolution ofIntention pursuant to Government Code No.
6063, and set the time and place for the Public Hearing for 6:00 p.m. September 22, 1998 in
the Council Chambers, Public Services Building
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On September 6, 1988, City Council adopted Resolution No. 13775, which established Open Space
District No. 18. The boundaries of the district generally coincided with the boundaries ofChula Vista
Tract No. 87-8, Rancho del Sur Phase 1, with the exception that Lot "K" was excluded from the
District. For the strip of East Naples Street located generally between Foxboro Drive and Pacific
Hill, the southern parkway was included within the District, since the District boundary was located
at the centerline of East Naples Street. However, the northern parkway was excluded. At that time
it may have been assumed that this area would be annexed to Open Space District No. 18 after further
development took place.
Development of Parcel No 639-160-32
A tentative parcel map which would split Parcel No. 639-160-32 into four parcels was originally
prepared in February 1991, then subsequently revised in July 1993. The map was approved by the
10-1
Page 2, Item IIJ
Meeting Date 8/4/98
City on September 8, 1994, and a letter stating the Conditions of Approval was sent to property
owners Rarniro Garcia Reyes and Patricia A. Garcia. Condition No.9 required the property owners
to request annexation to Open Space District No. 18 and deposit $3000 with the City to cover staff
costs for annexation prior to approval of the Final Parcel Map.
The developers! owners have only recently begun to pursue final approval of this map. With an
extension, the Tentative Map will expire on September 8, 1998 unless the Final Parcel Map is filed
by that date.
City staff have estimated the annual cost of maintaining the 1,328 square foot parkway on the north
side of East Naples Street just west of the existing open space district as $394.00 per year. Half of
this parkway borders Parcel No. 639-160-32 and costs approximately $197.00 to maintain. For
Fiscal Year 1998-99, each single family lot within the District will be charged $222.00 (the maximum
assessment amount is $315.77). Since the effect of annexing the property to the District will result
in an increased armual revenue from four single family lots of $888.00, which is greater than the
annual expenses, Proposition 218 will not be triggered with respect to the existing property owners.
The procedures required under Proposition 218 will be followed for the property owners of Parcel
No. 639-160-32, who are not currently assessed for any open space district. Noticing and assessment
ballot procedures will be followed. A Public Hearing will be held at 6:00 p.m. on September 22, 1998
to take testimony and tally the vote. As required by the tentative map conditions, the property
owners have already requested armexation to Open Space District No. 18.
FISCAL IMPACT:
Since the armual revenue associated with armexing Parcel No. 639-160-32 to Open Space District
18 ($880) is greater than the armual cost associated with maintaining the strip of parkway south of
this parcel ($194), there are no negative impacts associated with the armexation.
Exhibits:
Location Map
Resolution 13775, approved 9/6/88, and Agenda Statement
Letter to Mr. and Mrs. Garcia dated September 8, 1994 regarding Tentative Parcel Map
Conditions
Maintenance cost estimate for parkway on north side of East Naples Street
Letter dated June 8, 1998 from Alejandra Garcia Zapata requesting annexation to Open Space
District No. 18
H:\HO?\.1E\ENGINEER\AGENDA\647NAP
.EMe :0725-30-0SD 18A
I~-~
RESOLUTION NO.~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE INTENT TO ANNEX
PARCEL NO. 639-160-32 AND THE RIGHT-OF-WAY FOR
EAST NAPLES STREET ON THE SOUTHERN BOUNDARY TO
OPEN SPACE DISTRICT NO. 18 AND SETTING THE
TIME AND PLACE FOR THE PUBLIC HEARING
WHEREAS, on September 6, 1988, City Council adopted
Resolution No. 13775, which established Open Space District No. 18
with the boundaries of said district generally coinciding with the
boundaries of Chula Vista Tract No. 87-8, Rancho del Sur Phase 1,
with the exception that Lot "K" was excluded from the District; and
WHEREAS, because East Naples Street is one of the main
entrances into Rancho del Sur, this area has been maintained by the
District 18 since its establishment; and
WHEREAS, the final parcel map to subdivide Parcel No.
639-160-32 is currently in process and Condition No.9 requires the
property owners to request annexation to Open Space District No. 18
and deposit $3000 with the City to cover staff costs for annexation
prior to approval of the final parcel map; and
WHEREAS, the procedures required under Proposition 218
will be followed for the property owners of Parcel No. 639-160-32,
who are not currently assessed for any open space district and
notice and assessment ballot procedures will be followed; and
Council
consider
WHEREAS, pursuant to Government Code ~6063, the City
will set the time and place for a public hearing to
the annexation of property to Open Space District No. 18.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby declare its intention to annex
Parcel No. 639-160-32 and the right-of-way for East Naples Street
on the southern boundary to Open Space District No. 18 and set the
time and place for a public hearing thereon for 6:00 p.m. on
September 22, 1998 in the Council Chambers, Public Services
Building, 276 Fourth Avenue, Chula Vista, Ca.
BE IT FURTHER RESOLVED that staff is hereby directed to
initiate assessment ballot procedures applicable to the annexation
of Parcel No. 639-160-32 to Open Space District No. 18.
1
/0-3
BE IT FURTHER RESOLVED that the City
Chula Vista is hereby directed to publish
Intention pursuant to Government Code s6053.
Clerk of the City of
the Resolution of
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
d ( -
{)fl~ (~~
Jo M. Kaheny, clty Attorney
H:\home\lorraine\cdrive\rs\annex.18
2
ItJ -1
COUNCIL AGENDA STATEMENT
Item JI
Meeting Date ~
BACKGROUND:
REPORT: CITIZEN PARTICIPATION ON THE COORS AMPHITHEATRE EVENTS
PLANNING ANO COOROINATION TASK FORCE
Community Oevelopment Director C _S \
C;~ M'""''PI< " ~
(4/5ths Vote: Yes_ No-X)
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
The Events Planning and Coordination Task Force for the Coors Amphitheatre was formed to develop and
monitor the Events Management Plan to insure the smooth operation of the amphitheatre and minimize
negative impacts on the community. At the time of approval of the amphitheatre project, the City Council
discussed citizen participation and feedback, particularly concerning impacts to residential developments
bordering Brandywine Avenue since they are the closest residential community to the amphitheatre (at least
until Oennery Ranch is completed). Staff proposes to facilitate citizen participation by inviting two
representatives from these communities to participate in future meetings of the Events Planning and
Coordination Task Force.
RECOMMENDATION: That the City Council accept the Report and authorize the Mayor to select two
representatives from the Point Robinhood and Brandywine T own homes to represent the community on the
Events Planning and Coordination Task Force.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Monitoring Program under Conditional Use Permit PCC-95-47 requires that the Task Force be comprised
of representatives from Universal Concerts, Inc. the City Manager's office and the following City
departments: Police, Fire, Planning, Public Works, Community Development, Building and Housing, and any
other outside agency deemed appropriate.
The objective of the Task Force is to insure that the amphitheatre events proceed in a manner as to
mitigate any disturbance to the community and that the applicable conditions of the Conditional Use Permit
and Environmental Impact Report are implemented.
JI-I
Page 2, Item JL
Meeting Date 08104198
The Task Force has been meeting since January of this year and submitted its final report to the City
Council on June 16, 1998. The Task Force will continue to meet as required to review operations after
the season opens.
The Task Force will deal with such issues as traffic control, noise, littering and cleanup, vandalism and
curfews. All of these issues potentially impact residential communities adjacent to Brandywine and
Oleander. Although traffic entering the amphitheatre will be discouraged from using Brandywine, some of
the exiting traffic will be diverted north on Brandywine to more efficiently access 1-805.
Since the format for review of operations is already established, the most effective way to receive and
respond to community input is to invite residents of Point Robinhood and Brandywine T own homes (or other
adjacent developments) to participate on the Task Force.
It is proposed that the Mayor name two representatives from the impacted communities to participate on
the Events Task Force. In the future, depending upon impacts from the facility, residents from other
communities may also be asked to participate.
FISCAL IMPACT: Under the CUP PCC.95-47, all City costs up to $10,000 associated with the formation
and functioning of the Task Force and the preparation, processing, review, implementation and/or
modification of the EMP are to be paid by Universal Concerts, Inc. To date, other than staff participation,
the City has not incurred any costs associated with the Task Force and EMP. All costs associated with
the preparation, printing and binding of documents for staff review have been paid by Universal. In addition,
Universal has paid all consultant costs associated with the preparation of the traffic management plan, and
City staff costs associated with the training of police officers in events management.
IFKI H,IHOMEICOMMOEV\STAFF.REPl08.04-98\CITIZEN.MTG (Jul, Z9. 1998 IZ,OZpmll
/I-~
CITY COUNCIL AGENDA STATEMENT
Item~
Meeting Date~
ITEM TITLE,
PUBLIC HEARING,
Placement of Certain
Charges on Property Tax
Regarding the Proposed
Delinquent Sewer Service
Bills for Collection
RESOLUTION, 'Cl\~-' Assessing Delinquent Sewer
Service Charges as Liens Upon the Respective
Parcels of Land and Approving Placement of
Delinquent Charges on the Next Regular Tax Bill
Director Of Finance~
City Managa~ '"ls ~'/'tha Vota, Ya'__No-LJ
Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a
more timely basis. This will increase annual revenues to the Sewer
Fund as well as reduce operating costs.
SUBMITTED BY,
REVIEWED BY,
RECOMMENDATION,
That the City Council open the public hearing
to consider placing delinquent sewer service
charges on property tax bills for collection,
consider all testimony, and adopt the
resolution overruling all protests and
assessing these charges as liens upon the
respective parcels of land and placing these
charges on the next regular tax bill.
BOARDS/COMMISSIONS RECOMMENDATIONS,
Not applicable.
l&~
Item--1A.
Meeting Date~
DISCUSSION:
In June 23, 1998, city Council approved Ordinance No. 2736 amending
Section 13.14.150 of the Chula vista Municipal Code to allow
delinquent sewer service charges to be placed on the property tax
bill for collection. The ordinance now states that upon
notification of the property owners, a public hearing is set for
sewer service accounts which are over sixty days delinquent. At
the hearing, the City Council is to consider the delinquent
accounts together with any objections or protests by interested
parties. At the conclusion of hearing, the city Council may either
approve the delinquency and amount owed on the accounts as
submitted or as modified or corrected by the city Council. Lastly,
the city council adopts a resolution assessing such amounts as
liens upon the respective parcels of land, and the amounts are
charged to the property owners on the next regular property tax
bill.
351 sewer service accounts totaling $96,300 have been identified as
being over sixty days delinquent. These property owners have been
sent numerous past due notices to alert them of their delinquent
status. Upon notification, some property owners have contacted
staff to set up payment arrangements. Although those accounts may
still be delinquent, they are not included in this report as long
as the payments continue to be made according to schedule.
Included in this report are several accounts that have already been
taken to small claims court, judgments awarded, some properties
liened, but still no payments have been made.
Earlier this month, the property owners on the attached list
(available at the City Clerk's Office) were notified of this public
hearing and were asked to pay their delinquent sewer service
charges by July 24, 1998 to avoid having these charges placed on
their property tax bill. By July 29, 1998, 129 delinquent accounts
were cleared and $31,500 in delinquent sewer service revenues had
been recovered. Although the public hearing was originally set for
July 28, 1998, staff recommended that the city Council continue the
item until August 4, 1998 to give people an additional week to pay
and avoid having the delinquent charges placed on their property
tax bills. staff will continue to update the list as payments are
,~-~
Item I~
~.-
Meeting Date~
received and accounts are cleared. A final list will be submitted
to the city Council for consideration as soon as all payments are
recorded.
staff is recommending that the City council approve the final
listing of delinquent sewer service accounts as submitted, and that
these charges be forwarded to the County for placement on the next
regular tax bill for collection. Any delinquent accounts that are
cleared by August 5, 1998 as a result of this public hearing will
be removed from the list prior to the submittal of these charges to
the County.
FISCAL IMPACT,
Placing these delinquent sewer service charges on the property tax
bill for collection should increase sewer service revenues by
approximately $90,000 in FY 98-99. This collection method improves
the efficiency of the billing and collection process for delinquent
accounts as well as reduces the amount of uncollectible losses
thereby maximizing revenues and minimizing costs to the Sewer Fund.
'~-3
~ ~:I,
'~
~j
~ '~
JJ
RESOLUTION NO. J , I "7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE
CHARGES AS LIENS UPON THE RESPECTIVE PARCELS
OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, on June 23, 1998, the City Council approved
Ordinance No. 2736 amending Section 13.14.150 of the Chula Vista
Municipal Code to allow delinquent sewer service charges to be
placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for sewer service accounts
which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to consider
the delinquent accounts together with any objections or protests by
interested parties; and
WHEREAS, at the conclusion of the hearing, the City
Council may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City
Council; and
WHEREAS, a public hearing on delinquent assessments was
properly noticed for July 28, 1998 and continued by City Council
action until August 4, 1998 at which all protests or objections
presented were considered by the City Council; and
WHEREAS, staff is recommending that the City Council
approve the final listing of delinquent sewer service accounts as
submitted and that these charges be forwarded to the County for
placement on the next regular tax bill for collection; and
WHEREAS, any delinquent accounts that are cleared by
August 5, 1998 as a result of the public hearing set for August 4,
1998 will be removed from the list prior to the submittal of these
charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby (1) overrule any and all protests
or objections presented at the public hearing and (2) approve, with
respect to the delinquent account list~presented by staff (to be
attached hereto as Exhibit A), assess in' delinquent sewer service
charges as liens upon the respective parcels of land and the
placement of such delinquent charges on the next corresponding
regular tax bill unless cleared by Au ust 5, 199~___'C()qg,,~;
Presented by as to form by
c-
Robert Powell, Director of
Finance ~
H:\home\lorraine\cdrive\rs\sewer.del ,~....
COUNCIL AGENDA STATEMENT
Item-13-
Meeting Date 8/4/98
ITEM TITLE:
Public Hearing regarding the adjustment of the Telegraph Canyon Drainage
Fee
Resolution Adjusting the Telegraph Canyon Drainage Fee as provided
for in Ordinance No. 2384
Ordinance Amending the Telegraph Canyon Drainage Plan to add
environmental mitigation measures requested by State and Federal agencies
and to include updated cost estimates
SUBMITTED BY: Director of Public Work~(lr~"
REVIEWED BY: City Manag~ , 7J!!!\
This item was continued from the July 14 City Council meeting in order to make some legal
refinements to the ordinance. Staff was also working on modifying the format of the amendment.
In the process of revising the agenda statement, staff determined that the initial report left out some
acreage that was in the district. The total remaining acreage within the district boundary is
approximately 938 acres. Based on the current fee of $4,579 per acre, the City will be able to collect
approximately $4,295,102. The total collected to date is $2,308,502. The fund will eventually reach
a balance exceeding $6.6M (in 1998 dollars), which will be enough to cover the cost of drainage
improvements that will be required, including the cost of environmental mitigation. Therefore, it
is recommended to keep the fee at the same rate, and not hold a public hearing.
(4/5ths Vote: Yes _ NoX)
H:\HOME\ENGINEER\AGENDA\TCFEE.FP
13- I
COUNCIL AGENDA STATEMENT
Item )II
Meeting Date ~
ITEM TITLE:
Public Hearing declaring the intent to increase the Open Space District #10
assessment on the Bella Nevona subdivision.
Resolution '~lliapprOving an increase on the Open Space District #10
I assessment for the Bella Nevona Subdivision.
SUBMITTED BY:
Director of Public wor~/
City Manage~x{ ~
4/5 Vote Yes _No ..x....
REVIEWED BY:
On May 26, 1998, the City Council approved the proposal to 1) subdivide a parcel consisting of
5.25 gross acres into 28 lots for the Bella Nevona subdivision ranging in size from 5,000 sq. ft to
8,300 sq. ft. and 2) amend the development standards contained in the Ranchero Sectional Planning
Area (plan) to allow a reduction in minimum lot sizes and set back requirements and 3) order the
initiation of assessment ballot procedures applicable to the parcel for which it is proposed that the
Open Space District #10 assessment will be increased and 4) schedule a public hearing on the intent
to increase the Open Space District #10 assessment on this subdivision.
RECOMMENDATION: That Council:
1). Open the hearing, take testimony, close the public hearing;
2). Direct staff to tally all protests;
3). Adopt the resolution approving an increase in the assessment for the Open Space
District #10 landscaping and maintenance district for the Bella Nevona subdivision.
DISCUSSION:
On July 14, 1998 the Council voted to continue the public hearing to tonight's agenda due to a delay
in the transfer of ownership for the south Bennett parcel. As of July 17, 1998, the parcel south of
the East "J" Street centerline is now owned by the Western Pacific Housing Bella Nevona LLC.,
and within Rancho Del Rey Open Space District #10. Open Space District #10 is generally located
along East "J" Street from Cassia Place to Paseo Ranchero (see Attachment 1). Approximately 630
equivalent dwelling units (edu's) are located within the landscaping maintenance district boundaries.
The proposed "Bella Nevona" subdivision would add 28 edu's to this district and will not increase
the open space facilities to be maintained.
IJ..I- I
Page 2 Item ,4
Meeting Date ~
The tentative subdivision map contains 28 single family detached lots ranging in size from 5,000
to 8,300 sq.ft. and utilizes the dual cul-de-sac design. This proposal requires extending Wild Oak
Road about 100 ft. to the west to form a longer cul-de-sac with an additional 8 homes. Another
cul-de-sac, "Vista Oak Place", is proposed to be constructed from the southerly extension of East
"J" Street to provide access to 15 homes. The remaining 5 homes will be along the south side
frontage of East "J" Street.
History of the Bennett propertY
In October of 1985, 1.4 acres located at the western end of the 10 acre Bennett site were divided
into 9 lots, fronting on River Ash Drive, consisting of zero lot line single family development. On
July 20, 1991, a condition of fmal map approval for Rancho Del Rey Sectional Planning Area (SPA)
III, required the extension of East "J" Street via a road easement through the Bennett site. On
November 10, 1997, an application was filed to split the Bennett parcel (containing the road
easement for East "J" Street) into two parcels. The division was to occur at the centerline of East
"]" Street. Parcel Map #18036, dividing this property into two separate parcels was recorded on
May 22, 1998. The two parcels are the 2.52 acre parcel north of East "J" Street (parcel #1) with
assessor parcel number (A.P.N.) 640-080-47 which is still owned by the Bennett family and the
4.84 acre (5.25 gross acres less 0.41 acres of right of way for east "J" Street) parcel south of East
"J" Street (Parcel #2) with A.P.N. 640-080-48 now owned by Western Pacific Housing.
Open Space District #10 Assessment history
The "Bella Nevona" subdivision is a part of the remaining 8.31 acre Bennett homestead (A.P.N.
640-080-19), which included the road easement for East "J" Street (see Attachment 2). On October
2, 1984, the City Council approved Resolution #11775 (see Attachment 3), which modified the
boundaries of Open Space District #10 to include the subject 8.31 acre property (Bennett parcel).
The City Council's action also stipulated that the assessment on the Bennett parcel (A.P.N. 640-080-
19) shall have a zero assessment as long as the Bennett's remained the property owners. However,
due to the change in ownership, Council Resolution #11775 does not apply to this south parcel
(A.P.N. 640-080-48). With development of the proposed "Bella Nevona" subdivision on the
southerly portion of the Bennett property, the FY98/99 assessment of $89.45 per edu or $2,504.60
for the 28 edu's for Open Space District #10 will be assessed to the new owners of A.P.N. 640-080-
48, Western Pacific Housing. This fiscal year's collectible of $87.00 per edu, or $2,436.00 will
be paid by Western Pacific Housing. The parcel to the north of East "J" Street, the Bennett parcel
remaining under the Bennett family ownership (A.P.N. 640-080-47), will remain with a zero
assessment, per Resolution #11755. Pursuant to the requirements of Proposition 218, the increase
in assessments require that a ballot be mailed to the property owner, Western Pacific Housing, and
a public hearing be held (see Attachment 4).
On May 26, 1998 the City Council approved a recommendation which adopted a resolution to order
the initiation of assessment ballot procedures applicable to the parcel for which it is proposed to
11./ - ~
'.
Page 3 Item ".1
Meeting Date ~
increase the assessment.
FISCAL IMPACT: The applicant has paid for all processing costs associated with this application.
The addition of 28 homes will add approximately 4% edu's into the district and reduce the
assessment by approximately 4% to existing edu's in the district at the Bella Nevona project
buildout, expected in FY99/00.
Attachments:
1. Open Space District #10 Boundary Map .!
2. Bella Nevona Subdivision Plat v
3. Council Resolution #11775
4. Council Resolution #19016 J
J
File No.: 0600-80-BNOOIF & 0725-30-0SDIO
July 24, 1998 (3: 15 PM)
H:\HOMEIENGlNEERIAGENDA IBENOSD 10.FXR
}I.f-~
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RESOLUTION NO.~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INCREASE ON THE OPEN
SPACE DISTRICT #10 ASSESSMENT FOR THE BELLA
NEVONA SUBDIVISION
WHEREAS, on May 26, 1998, the City Council approved the
proposal to subdivide a parcel consisting of 5.25 gross acres into
28 lots for the Bella Nevona Subdivision ranging in size from 5,000
sq. ft to 8,300 sq. ft.; and
WHEREAS, the Bella Nevona Subdivision is located within
Open Space District #10, but the assessment is currently zero; and
WHEREAS, the change in ownership requires the property
owners to pay the assessments; and
WHEREAS, the City Council also ordered the initiation of
assessment ballot procedures applicable to the parcel so that
assessments could be increased; and
WHEREAS, pursuant to the requirements of Proposition 218,
the increase in assessments require that a ballot be mailed to the
property owner, Western Pacific Housing, and staff tally all
protests; and
WHEREAS, a public hearing was noticed and held on August
4, 1998 on the intent to increase the Open Space District #10
assessment on this subdivision.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an increase on the Open
Space District #10 assessment for the Bella Nevona Subdivision for
FY 98/99 in the amount of $89.45 per edu or $2,504.60 for 28 edu's
for the new owner of A.P.N. 640-080-48, Western Pacific.
Presented by
Approved as to form by
0'
Jr2/}tJ"l- 6)/'\ C (4~~\ _
JoHrrM. Kaheny, City Attorney
John P. Lippitt, Director of
Public Works
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ATTACHMENT 3
Revised 10/18/84
?3S0LLryION NO. 11775
?.ESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUhll.
VISTA MODIFYING OPEN SPACE MAINTENANCE DISTPJCT 10
~he City Council of the City of Chula Vista ooes hereby
resolve as follows:
~EREAS, James A. Hutchison and Associates, engineers for
~~e owner of E1 Rancho del Rey 6, have submi~ted a reguest to form
a~ open space district, which complies with Condition of Approval
No. 11 aoopted by Council Resolution 10103 approving the tentative
map for said subdivision, and
WHEREAS, it is proposed to modify Open Space District No.
10 by including portions of El Rancho del Rey 6 into that district
as shown on Exhibits A and B, and
WHEREAS, on August 28, 1984, by Resolution 11751, the
City Council set October 2, 1984 as the date for the public
hearing to consider the proposed modification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby modify Open Space District No.
10 by including portions of El Rancho del Rey 6 into the district
as shown on Exhibits A and B. -
BE IT FURTHER RESOLVED that Assessor's Parcel Nos.
640-050-08, a 2.36 acre parcel, and 640-080-19, an 8.3 acre
parcel, shall have a zero assessment.
Presented by
Approved as to form by
/s/ John P. Lippitt
John P. Lippitt, City
Engineer
~/}7fl'.rh'/ ~0/7~
Thomas J. Harron, City
ttorney V
ILf- 7
ADO?TfD AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA V'STA, CALIFORNIA, this 2nd day of October
/9 84 , by the following vote, to_it:
AYES; Councilmen Malcolm, McCandliss, Moore, Cox
NAYES: Councilmen None
ABSTAIN; Co\rJcilmen None
ABSENT: Councilmen Scott
L, fl ~.
/1. .. Mayrf!j of(}he City of Chula Vista
ATTEST~';./ 1J!(~/
/ / City Clerk"""'-
(/
STATE Of CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HERESY CERTIFY that the above and foregoing is 0 full, true and correct copy of
RESOLUTION NO. . 11775
, and that the some has not been amended or repealed.
DATED
October 12, 1984
/)
/ /
(seal)
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tI City 'Clerk ~
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ATTACHHEIH "A"
COST A11AL YSIS - OPEN SPACE !.1AItJTHIMICE DISTRICT 10
Equivalent !).ve11ing Units (E1 Rancho del Rey 6A, B, C and D)
Single family d~/e11ings, Lots 1 thru ,108 and 111 thru 367
Church site, lot 109 (2.607 ac)
Commercial site, lot 110 (1.762 ac) D 2.7 edu (average density
per acre)
Residential Parcels (Bennett property)
AP' No. 640-050-08 2.36 ac
AP No. 640-0DO-19 8.30 ac 1 single family Or/el1ing
",. : JDtal .e.dIl 3IDR Ji p1m,~m:tt-pr.Dperty
" Phase J tasa. Del Rey
,Total edu for cost -spread
00 en Space Area EROR 6
let A 8.290 ac.
B 1.E:21 ac.
D 4.309 ac.
G 3.587 ac.
H 7.471 ac.
Total
Lot I 4.961 ac.
J 3.098 ac.
K 0.350 ac.
L 5.430 ac.
39.4] 7 ac.
Ooen Space Area Casa Del Rey
lout 1:10.795 ac.
F 5.517 ac.
:' . . '. .' '3D:ta 1. : .1D-.3 1.3.aJ:.
..~ lotal Op-en Space Area
., .,55.73 acres
Estimated Annual cost of Maintenance
39.417 ERDE fj open space acres D .$O.OJ per square foot
Annual cost of maintenance (Phase I) Casa del Rey
Total annual maintenance to be spread
Cosc per edu after boundary modification
} '-1-'1'
~_//?'7S-
365.00 e'du
2.61 edu
4.76 edu
~edu
,.
r;.J.' ,I
?1"~11'1?'
~
. . .-::c37J.37
. '22D.OO edu
, : '."5!i3.J7
.$17,170.02
18,103.00
$35,273.00
.$ 59.45
"
Estimated Annual Assessments
I
I
Casa del Rey (original district Phase 1)
220 single family dllellings (I $59.1;5
$13,079.20
El Rancho del Rey:
Single family dwellings 365 total
Church site, Lot 109, 2.61 edu
Commercial site, Lot 110, 1.76 ac. 4:76 edu's
$21,697.50
155.16
282.9G
Bennett Property:
AP -No. 64D-050-0G, 2.36 ac.
AP No. 64D-080-19, 8.30 ac. 1 edu
"5-s...4..5
$35,274.09
TOTAL OP::N SPACE ASSESSNENTS
- _:E'rll~
"
-0
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J 4 - ,0
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ATTACHMENT 4
RES:l'-.UiION ND. ,9016
RESDLUTION Dr THE CiTY COUNCIL Or THE CiTY Dr CHULl.,
VISTA DECLARING THE INTENT TO INCREASE THE OPE!I!
SPACE DISTRICT NO. 10 ASSESSMENT ON SUBDIVISION
CHULA VISTA TRACT 98-07. BELLA NEVDNA. AND SETTING
THE TIIJlE AND PLACE rOR THE PUBLIC HEARING
WHEREAS. the City CDuncil DT tne City Df Chula Vista. CalifDrnia. per CDun,
Resoiution ND. 10103. has established Open Space District NO.1 O. and
WHEREAS. the City CDuncil Dn OctDber 2. 1934 adDpted ResDlutiDn ND. 11775. whi,
apprDved a zerD assessment fDr the Bennen parcels (A.P.N. 640-050-08, a 2.36 acre parc'
and A.P.N. 640-080-39. a 8.3 acre parcell. and
WHEREAS. a re.quest fDr a tentative subdivisiDn map with 28 single family detach,
residences knDwn as the Bella NevDna SubdivisiDn is being prDpDsed by Western Paci,
HDusing Dn a pDniDn Df the Driginal 8.3 acres (A.P.N. 640-080-39) Bennen parcel. and
WHEREAS. these 28 single family residences are subject to the requirements
Proposition 21 S. due tD the increase in assessment fDr the Open Space District assessmer
NOW, THEREFORE. BE IT RESOLVED the City CDuncil of the City of Chula Vista dD'
hereby declare its intent to increase the Open Space District NO.1 0 assessment on the Bel
Nevona Subdivision and hereby sets a Public Hearing for 6:00 P.M. Dn July 14. 1998 in tl
Council Chambers, Public Services Building. 276 rDunh Avenue. Chula Vista tD cDnsider tl
increase in Open Space District ND. 10 assessment.
Presented by
Approved as tD fDrm by
;U/~L-
~~~
Arlh M. Kaheny ~J
~ty Anorney ~
Robe~ !...eher
Planning Director
1&./ -II
Resoic::i:J:1 19015
Page 2
Pt..SS:::D, '!'PP:::OV:::D, an~ ADOPT:::D by the City Council Df the City Df C:hula Vista,
CalifD~:a, this 25th day Df May, 1998, by the fDllDwing vote:
,!.,Y=S:
CDuncilmembers:
Padilla, RindDne, and HDrtDn
r-.':A YES:
CDuncilmembers:
None
;'.35=NT:
Councilmembers:
NDne
!..3STAIN:
CDunciimembers:
MDot and Sales
~ -
jf.rvvO'1
Shirley Hor 'on, Mayor
ATTEST:
~~ C a~7dO;
Beverly A. NJthelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DI:'GO
CITY 0;: CHULA ViSTA
I, Beveriy A. Autheiet, City Clerk Df Chuia Vista, California, do hereby certify that the
fDregoing ResolutiDn ND. 19016 was duly passed, approved, and adDpted by the City Council
at a regular meeting of the Chuia Vis,.a City CDuncil held on the 26th day of fVlay, 1998.
Executed this 26th day of May, 1998.
~ t! t:bf~
Beverly A. ,Q(uthelet, City Clerk
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~~~
~
--------
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CI1Y OF
CHUlA VISTA
"
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
July 14, 1998
File: 0600-80-BNOO1F &07i5~30-0SDlO
WESTERN PAClFlC HOUSlNG - BELLA NEVONA. L.L.C. a Delaware limited liability company
By: Lamco Housing, Inc., a California corporation,
M"n"vng Member
2385 CAMlNO VIDA ROBLE, SUITE 107
CARLSBAD, CA 92009
AITENTION: Mr. RYAN E. GREEN & LANCE M. W AlTE
RE: CITY OF CHULA VISTA
OPEN SPACE (LANDSCAPlNG & MAlNTENANCE) DISTRICT NO. 10
Pursuant to a change in land use applicable to certain property within the above referenced
landscaping &maiIttenance district ("Open Space Distric:t# 10"), the City Council of the City ofChula
Vista has initiated procef'ning< to consider increasing the assessments levied on such properties within
the boundaries of Open Space District # 10.
The City Council has scheduled a public hearing to receive testimony either in favor of or in
opposition to the proposed increase in assessments. The public hearing will be held in the City Council
cbambers located at 276 Fourth Avenue, Chula Vista, California on the following date and at the
following time:
PUBllC HEARING:
JULY 28,1998
6PM
Enclosed with this letter you will find a copy of the formal legal notice of this public hearing. This
notice contains important information regarding the rights of the record owners of those properties
located within the "Landscaping & Maintenance District" for which the assessments are proposed to
be increased to be ~d regarding the proposed increase in assessments and to register their support
for or opposition to such increase in assessments.
The record owners of property subject to the imposition of'an increase in the assessment
previously levied against their properties now have the right to express their support of or opposition
to the proposed increase in assessments by testifying at the public hearing or by providing written
correspondence at or prior to the public hearing and/or by participating in the assessment ballot
procedure. An assessment baIlot and other enclosed materials are being forwarded to you as one of the
record owners of property for which the assessments are proposed to be increased to enable you to
exercise your right to submit an assessment baIlot pertaining to the proposed increase in assessments.
The enclosed Notice of Public Hearing and Assessment Ballot Procedure contains important
10f2
276 FOURTH AVE/CHULA VISTA, CALlFOR_NiA SlS10'f61SI 691-5021
.~
information regarding the procedure for participating in the public hearing and submitting an
assessment ballot. It is recommended that you read this notice carefully.
The City will be authorized to increase the assessments as proposed only if a majority of the
assessment ballots submitted are in favor of the proposed increase in assessments. The assessment
ballots will be weighted based upon the amount of the proposed increase in assessments to be levied
against individual parcels. THEREFORE, WHETliKK YOU ARE IN FA VOR OF OR OPPOSED
TO THE ASSESSMENT, IT IS EXTREMELY IMPORTANT THAT YOU COMPLElE AND
SUBMIT YOUR ASSESSME!\'T BALLOTS TO THE CITY SO THAT YOUR SUPPORT OF
OR OPPOSmON TO THE INCREASE IN ASSESSMENTS WILL BE TABULAlED.
In order for your assessment ballot to be tabulated, it must be completed as described in the
Instructions and received either by mail, or in person, at the office of the City Clerk, on or prior to
5:00 p.m. on July 28, 1998 or at the public hearing to be held on such date at the address set forth in
the enclosed notice prior to the conclusion of such public hearing. If you are moiling your assessment
ballot, you may insert in the enclosed return envelope and deposit it in the mail allowing adequate time
for the assessment ballot to be received prior to the above time. If you are personally delivering your
assessment ballot, it must be delivered to the following address:
CITY CLERK
CITY OF CHULA VISTA
276 FOURm AVENUE
CHULA VISTA, CALIFORNIA 91910
PLEASE NOlE THAT POSTMARKS ARE NOT ACCEPlED.
Should you have any questions regarding this letter, the assessment ballot package, or the
assessment ballot procedure, please call Frank Rivera, Civil Eneineer at (619) 691-5266 or, Beverly
A. Authelet, City Clerk at (619)691-5041.
. Very trnly yours,
cU~~~
"in.. BEVERLY A. A .
Zt CITY CLERK
CITY OF CHULA VISTA
--
20f2
"'
I
NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE
CITY OF CHULA VISTA
LA..~'DSCAPING & MAINTENANCE (OPEN SPACE) DISTRICT NO. 10
PROPOSED INCREASE IN ASSESSMENT
RESOLUTION OF INTENTION TO INCREASE ASSESSMEl'o'TS
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, did, on the 26th of May, 1998, adopt its Resolution of Intention declaring the intent
to increase assessments levied in a certain landscaping & maintenance district, known and designated
as OPEN SPACE DISTRICT NO. 10.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN mAT A PUBUC HEARING IS HEREBY SCHEDULED
IN THE REGULAR MEETING PLACE OF TIllS LEGISLATIVE BODY, BEING THE COUNCIL
CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, ON JULY 28, 1998 AT
6:00 PM AT WIllCH TIME THE CITY COUNCIL WILL HEAR ANY OBJECTIONS TO THE
PROPOSED INCREASE IN ASSESSESMENTS. ANY INTERESTED PERSON MAY APPEAR
BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY THE PROPOSED CHANGES AND
MODIFICATIONS SHOULD NOT BE MADE IN ACCORDANCE WITH THE PROVISIONS OF
THIS RESOLUTION.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, EACH RECORD
OWNER OF PROPERTY FOR WIllCH THE ASSESSMENT IS PROPOSED TO BE INCREASED
HAs THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FA VOR OF ORIN oPPosmON
TO THE PROPOSED INCREASE IN ASSESSMENT.
AN ASSESSMENT BALLOT IS ENCLOSED WITH TIllS PUBUC NOTICE. YOU Mil. Y
COMPLETE SUCH ASSESSMENT BALLOT AND THEREBY INDICATE YOUR SUPPORT FOR
OR oPPOSmON TO THE PROPOSED INCREASE IN ASSESSMENT. ALL SUCH
ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT OR BEFORE THE
TIME SET FOR THE CLOSE OF THE PUBLIC HEARING. ASSESSMENT BALLOTS MAY BE
MAILED TO THE CITY CLERK IN THE RETURN ENVELOPE ENCLOSED WITH THE
ASSESSMENT BAlLOT. IF ASSESSMENT BALLOTS ARE TO BEPERSONALL Y RETURNED,
THEY MUST BE DEUVERED TO THE FOLLOWING ADDRESS:
CITY CLERK
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CALIFORNIA 91910
1
~
ASSESSMENT BALLOTS MUST BE MAILED OR DELIVERED SO THAT TIlEY WTI...L BE
RECEIVED BY THE CITY CLERK PRIOR TO THE CONCLUSION OF THE PUBLIC HEARING.
A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFlCIENT.
AT THE CONCLUSION OF THE PUBLIC HEARING, TIlE CITY COUNCIL SHALL
CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIVED TO BE-TABULATED. IF A
MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN INCREASE IN
THE ASSESSMENT ON ANY PARCEL WITHIN THE ASSESSMENT DISTRICT. AMAJORITY
PROTEST EXISTS IF, UPON THE CONCLUSION OF TIlE PUBLIC HEARING, ASSESSMENT
BALLOTS SUBMITTED IN oPPOSmON TO THE INCREASE IN ASSESSMENTS WITHIN THE
ASSESSMENT DISTRICT EXCEED THE ASSESSMENT BALLOTS SUBMITTED IN FAVOR OF
SUCH INCREASE IN ASSESSMENTS. IN TABULATING THE ASSESSMENT BALLOTS, THE
ASSESSMENT BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL
FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY.
PROCEEDINGS INOUIRIES
For all information relating to these proceeifings and the hearing, the written procedure or the
assessment ballot procedure, your attention is directed to the person designated below:
FRANK RIVERA
ENGINEERING DEPARTMENT
CITYOFCHULA VISTA
276 FOURm AVENUE
CHULA VISTA, CALIFORNIA 91910
(619)691-5266
DATED: . C)u.I!/ /-t/ /tJP% .
{/ d / .-
~L..CITY CLERK
!J CITY OF CHULA VISTA
STATE OF CALIFORNIA
2
~
omclAL ASSESSMENT BAILOT
ASSESSMENT BALLOT PROCEDURE
CITY OF CHULA VISTA
LANDSCAPING & MAINTENANCE DISTRICT NO. 10
(OPEN SPACE DISTRICT NO. 10)
INCREASING ASSESSMENT PROCEEDINGS -
Name and address of record owner:
WESTERN PACIFIC HOUSING - BELLA NEVONA, L.L.C. A Delaware limited
liability company
2385 CAMINO VIDA ROBLE, SillTE 107
CARLSBAD, CA 92009
AITENTION: Mr. RYAN E. GREEN & Mr. LANCE M. WAITE
Parcel Identification: A.P.N. 640-08048
Total parcels owned: 1
Current assessment: $ 0.00
Proposedassessment: $ 2,504.60
CERTIFICATION OF ENTITLEMENT TO COMPLETE AND SUBMIT ASSESSMENT BALLOT:
To be entitled to complete and submit this assessment ballot, the person completing and submitting this
assessment ballot must be (a) the record owner of the property identified above or (b) the representative
of the record owner who is legally authorized to complete and submit this assessment ballot for and on
behalf of the record owner.
The Wldersigned certifies under penalty. of perjury that he/she is entitled to 'complete and submit this
assessment ballot and hereby waives all time limits pertaining to notice of the public hearing and receipt
of the assessment ballots pertaining hereto:
Signature of person completing assessment ballot
Print name of person completing assessment ballot
. THIS ASSESSMENT BALLOT WILL NOT BE TABULATED UNLESS THE ABOVE
CERTIFICATION IS EXECUTED BY THE PERSON COMPLETING THIS ASSESSMENT
BAILOT.
ASSESSMENT BALLOT QUESTION:
To complete this assessment ballot, you must fill in only one of the squares below. Filling in both squares
will void this assessment ballot.
Do you approve the increase in the assessment of the
above identified property as proposed?
o YES
o NO
Upon completion place the assessment ballot in the return envelope and mail or deliver the assessment
ballot to the address shown on the return envelope pursuant to the instructions enclosed with this
assessment ballot.
ITEM TITLE:
A.
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
ItemS
Meeting Date 8/04/98
B.
Public Hearing regarding the declaration by the City Council of its
intention to establish Community Facilities District No. 98-3 (Open
Space Maintenance District #35 [Sunbow II]) pursuant to the provisions
of the "Mello-Roos Community Facilities Act of 1982", for the purpose
of financing certain public services through the levy of a special tax to
pay for all or a portion of such public services and the intent to authorize
a special tax to pay for all or a portion of such public services.
Resolution t~ll1 of the City Council of the City ofChula
Vista, California, making certain preliminary findings, passing upon
protests and approving the Community Facilities District Report.
Resolution fi 130 of the City Council of the City of Chula
Vista, California, establishing Community Facilities District No. 98-3
(Open Space Maintenance District #35 [Sunbow II]) and authorizing the
submittal of levy of a special tax therein to finance certain services to
the qualified electors.
Director of Public works~F
City Manager1)R ~ ~
C.
(4/5ths Vote: Yes_NoX)
The Ayres Land Company has requested the City to conduct proceedings for the formation of
Community Facilities District No. 98-3. This district will fund the perpetual operation and
maintenance of open space slopes, drainage channels, detention basins, medians and parkways of
Sunbow II. The City has retained the services of Dick Jacobs Associates as special tax consultant and
Brown, Diven, Hessel & Brewer as legal counsel to provide assistance during the proceedings.
Tonight's action will finalize the formal proceedings leading to the establishment of Community
Facilities District No. 98-3.
RECOMMENDATION: That Council:
I) Open the hearing, take testimony, close the public hearing;
2) Direct staff to tally all protests from other registered voters residing within the
proposed CFD No. 98-3 or the owners of land within CFD No. 98-3.
3) Approve the resolution making preliminary findings, passing upon protests and
approving the CFD No. 98-3 report.
4) Approve the resolution establishing CFD No. 98-3 and submitting the levy of a special
tax to finance certain services to the qualified elector of CFD No. 98-3.
ISR-I
Page 2, Item_
Meeting Date 8/04/98
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On January 13, 1998, Council adopted the "City ofChula Vista statement of goals and policies regarding
the establishment of Community Facilities Districts" (CFD). The approval of this document ratified
the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public
infrastructure, and (2) the financing of authorized public services, including services provided by open
space districts.
On Apri128, 1998, Council enacted the "Chula Vista Community Facilities District Ordinance". This
ordinance adopted the Mello-Roos Act with modifications to accomplish the following: I)
incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972"
("1972 Act"), 2) include maintenance activities not listed in the "Mello-Roos Act" or the "1972
Act" and 3) establish an operating reserve fund for open space districts.
On June 23, 1998, Council approved the following four resolutions related to Sunbow II CFD #98-3
(Open Space District # 35):
1). Resolution #19061, making appointments in proposed CFD # 98-3 (Open Space District (OSD)
#35), which is the formal action of the City Council appointing itself as the legislative body of
the proposed CFD;
2). Resolution#19062~ adopting a boundary map showing the boundaries of the territory proposed
for inclusion in CFD #98-3, which is the formal action adopting the map and setting forth the
boundaries of the proposed CFD;
3). Resolution #19063, declaring its intention to establish CFD #98-3 and to authorize the levy of
a special tax therein to finance certain services and setting the time and place for the public
hearing;
4). Resolution #19064, ordering and directing the preparation of a "Report" for proposed CFD
#98-3 (OSD 35[SUNBOW II]) which is the formal action of the City Council directing the
preparation of a detailed report containing a description of the services and its estimated cost.
Community Facilities Districts will provide the necessary funding for the operation and maintenance
of public landscaping improvements by levying an annual "special tax", which is collected from the
property owners in conjunction with the property taxes. There is no direct cost to the City. All
expenses related to the district administration (including levying and collecting the special taxes) are
funded by the district.
The proposed CFD # 98-3 is consistent with the above mentioned Council Policy and Ordinance. In
addition, the consultant, legal counsel, and staff have met numerous times with the developer and
merchant builder to discuss their concerns, clarify the intent of the policy and ordinance, and review
the methodology for the apportionment of the special taxes. All of the issues raised by the developer
and merchant builder have been thoroughly discussed and solutions, satisfactory to all parties, have
been incorporated in the "Rate and Method of Apportionment".
,~ ~ - ~
Page 3, Item_
Meeting Date 8/04/98
Staff, the legal counsel, and the special tax consultant have reviewed the proposed methodology and
consider it ready for Council approval.
Prooosed Boundarv
The proposed boundary of CFD # 98-3 encompasses all parcels located within the Sunbow II, which
includes a total acreage of 602 acres. At buildout, the district will contain a maximum total of 1,946
dwelling units (1128 Single Family Residences, 818 Multifamily Residences), 11.0 acres of
commercial, an 11.0 acre elementary school site, and a 46.0 acre industrial site. Staff has recorded
the boundary map on July 01, 1998, being within 15 days of the June 23, 1998 approval of Council
Resolution # 19062. A reduced copy of the map is presented in Exhibit I.
Descriotion of Facilities
The services proposed to be provided are additional services authorized to be provided by the City and
are not replacing levels of service already available. The proposed CFD #98-3 will fund the following
services generally described as: Maintenance of medians, parkways, landscaped and irrigated slopes,
natural non-irrigated open space, certain drainage channels, detention basins, walls and fences, trails,
including furnishing of services and materials for the ordinary and usual operation, maintenance and
servicing of any improvement or appurtenant facilities, including repair, removal or replacement of
all or any part of the improvement or appurtenant facilities, providing for the life, growth, health and
beauty of the landscaping, including cultivation, irrigation, trinuning spraying, fertilizing and treating
for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Maintenance
also means the furnishing of water for the irrigation of the landscaping, the installation of planting or
landscaping, or the installation or construction of supplemental facilities including any facilities which
are necessary or convenient for the maintenance of eligible facilities, to serve properties within the
boundaries of the Sunbow II Open Space District #35 (see Exhibit 2). A complete list of said public
facilities is presented in Exhibit 3.
Prooosed Soecial Tax Land Classes
The district has three categories of land which may be taxed, as follows:
. Class I - Developed Property. Developed parcels are those parcels for which a Final Map or
Site Development Plan has been issued.
. Class II - Undeveloped Property. The Undeveloped Land category includes all the parcels not
classified as developed or exempt.
. Class III - Exempt Property. The exempt property includes all assessor's parcels of property
existing at the time of the establishment of the District or which will be conveyed, dedicated
or irrevocably offered for dedication to a public agency pursuant to a City plan or agreement
which are exempt from the levy of special taxes, including property owned by a public agency
which is in public use; property which is utilized for public utility purposes and which is not
occupied on a regular basis by employees of the public utility; property irrevocably offered for
dedication to a public agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement
impractical, common areas, private streets and parks, and open space lots.
Cost Estimate
The annual budget for CFD No. 98-3 at buildout has been estimated at $803,562 in 1998 dollars.
Exhibit 3 contains a detailed annual budget for the district at buildout. The unit prices used in
,~~ - 3
Page 4, Item_
Meeting Date 8/04/98
determining the budget are based on historical costs of maintenance of similar improvements within
existing Open Space Maintenance Districts in the City.
Proposed Maximum Special Tax Rates
The rate of special tax levy broken down by land use for this district for a typical dwelling matrix
is as follows:
Land Use CostlEDU/Year Costl Acre/Y ear
Single Family Detached $347.86 N/A
Multi-family $334.90 N/A
Commercial N/A $3,035.50
Industrial N/A $2,711.45
Undeveloped Land N/A $2,078.54
Public Parcels - (EXEMPT) N/A N/A
The Maximum Special Tax on developed parcels is calculated by multiplying the Maximum Special
Tax Rate per Equivalent Dwelling Unit (EDU) times the number of EDU's per parcel. The single
family detached dwelling unit is one EDU and other land uses are a ratio relative to this measure. The
total revenue generated for a given Fiscal Year is the sum of all Developed Parcels assigned to the
Class I category. Then, if the total revenue generated by Class I is greater than the Special Tax
Liability for the district, then the Special Tax for each parcel in category I is reduced proportionately
so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year.
If the total revenue is less than the Special Tax Liability of such Special Tax Area, a Special Tax shall
be levied upon each Parcel assigned to the Class II (Undeveloped Category).
Comparison to other Open Soace Maintenance Districts
The total budget for CFD No. 98-3 at buildout is estimated at $803,562 with an annual maximum
tax of $347.86 for a single family residence located in Sunbow II. As a comparison, the single
family home in Sunbow I, Open Space District # 18 had an assessment of $312.32 for FY97/98
and is assessed at $315.77 for FY98/99. In addition, the 1997-98 total assessment for the existing
24 districts (total of 12,559 parcels) in the City was $1.9 million with the highest homeowner
annual assessment at $535 for the 40 unit Canyon Views subdivision.
Collection of Taxes
At the beginning of each fiscal year the City shall detennine the amount of the Special Tax Liability
(budget plus reserve) of each Special Tax Area. Then, the special taxes will first be levied on the
developed parcels (Residential and Non-Residential). If this pool of funds is not enough to meet the
annual need, as may be the case in the early years of development, the district will levy a tax on the
undeveloped property. The buffer of having the undeveloped property covering any remaining costs
will disappear once the area has been fully developed. If the annual need is less than the collectible
tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced
accordingly.
I~ f)- J.f
Page 5, Item_
Meeting Date 8/04/98
Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment
of the Special Taxes":
. The maximum special taxes may be adjusted each year for inflation using a factor equal to the
lesser of the annual change of the San Diego Consumer Price Index or the California Fourth
Quarter Per Capita Personal Income.
. The "City of Chula Vista Community Facilities District Ordinance" requires that the developer
maintain the landscaping improvements for a minimum period of one year. During this period,
the City will collect the special taxes with the purpose of building up an operating reserve not
to exceed 100 % of the annual budget. The special tax formula provides that the annual budget
for any year may include an amount deemed necessary to maintain an adequate level of reserve
fund.
. The annual budgets used to calculate the tax rates are only the "best estimates" of the cost
of maintenance at buildout. There is always a risk that actual expenses in future years may
be higher than the total maximum collectible taxes. This may result in reduced level of
maintenance of the landscaping, unless the property owners approve an increase in the tax
rates (2/3 voter's approval is required) which is considered unlikely. Staff believes,
however, that the proposed tax rates contain enough of a cushion in the reserve, the
inflation adjustment, and the Extraordinary Tax to minimize future funding short falls.
Tonight's Actions
. Conducting the public hearing and considering and passing upon protests, if any
. Approving the community facilities district report
. Making certain mandates rmding:
. That all proceedings to form CFD No. 98-3 were valid and taken in conformity with the
requirements of law
. That the proposed services are necessary to meet increased demands upon the City as a
result of development in CFD No. 98-3
. Establishing CFD No. 98-3
. Submitting the levy of the special taxes to the qualified electors ofCFD No. 98-3, Le., the
landowners at a special election to be held the following week on August 11, 1998.
FISCAL IMPACT: All costs of formation of the district are being borne by the developers and
the on-going administration will be funded entirely by the district. The City will receive the
benefit of full cost recovery for staff cost involved in district formation and district administration
in perpetuity.
Exhibits:
1-
2-
3 -
4-
5-
6-
7-
Boundary Map
Landscaping Improvements
Special Tax Report for CFD # 98-3 (OSD #35 [SUNBOW Ill)
Resolution # 19061
Resolution # 19062
Resolution # 19063
Resolution # 19064
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July 24, 1998
H:\HOME\ENGINEER\AGENDA\WSUNBown.FXR
CFD #98-3 (File:0725-30-0SD35)
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RESOLUTION NO. ~1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON
PROTESTS AND APPROVING THE COMMUNITY FACILITIES DISTRICT REPORT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"), has previously declared its intention and ordered the preparation of a Community Facilities
District Report relating to the initiation of proceedings to create a Community Facilities District pursuant
to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the State of California (the" Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City
of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities
District Law"). This Community Facilities District shall hereinafter be referred to as COMMUNITY
FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW m)
(the "District"); and,
WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of
the District, the furnishing of certain services and all other related matters has been given, and a
Community Facilities District Report, as ordered by this City Council, has been presented to this City
Council and has been made a part of the record of the hearing on the Resolution of Intention to establish
said District; and,
WHEREAS, all communications relating to the establishment of the District, the proposed services
and the proposed rate and method of apportionment of special tax have been presented, and it has further
been determined that a majority protest as defined by law has not been received against these proceedings;
and,
WHEREAS, the Community Facilities District Report as now submitted further containing changes
and modifications to the proceedings, as applicable, is hereby approved; and,
WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the
territory of the District, and have been for at least the preceding ninety (90) days, this legislative body is
desirous to submit the levy of the required special tax to the landowners of the District, said landowners
being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLWWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The written protests received, if any, do not represent a majority protest as defmed
by the applicable provisions of the Community Facilities District Law.
1
108- I
\
SECTION 3. The Community Facilities District Report, as now submitted, shall stand as the
Community Facilities District Report for all future proceedings and all terms and contents are approved
as set forth therein.
SECTION 4. It is hereby determined by this legislative body to proceed with the formation and
establishment of the District, formally known and designated as "COMMUNITY FACILITIES DISTRICT
NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])".
SECTION 5. It is hereby further determined by this legislative body that all proceedings prior
hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of
the Community Facilities District Law, and this finding is made pursuant to the provisions and
authorization of Section 53325.1 of the Government Code of the State of California.
SECTION 6. It is hereby further determined by this legislative body that the proposed public
services are necessary to meet increased demands placed upon the City as a result of development and/or
rehabilitation occurring in the District.
PREPARED BY:
APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
eny
Attorney
2
~6-~
RESOLUTION NO. 19130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 93-8 (OPEN
SPACE MAINTENANCE DISTRICT NUMBER 35 (SUNBOW II) AND
AUTHORIZING THE SUBMITTAL OF LEVY OF A SPECIAL TAX THEREIN
TO FINANCE CERTAIN SERVICES TO THE QUALIFIED ELECTORS
WHEREAS, a public hearing has been held and concluded, and the CITY COUNCIL of the CITY
OF CHULA VISTA, CALIFORNIA (the "City Council"), is desirous at this time to proceed with the
establishment of a community facilities district, pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1982" , being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code
of the State of California (the" Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article
XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be
referred to collectively as the "Community Facilities District Law"). Such Community Facilities District
shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NO. 35 [SUNBOW m) (the "District"); and,
WHEREAS, this legislative body has further declared its intent that the authorized publlic services
be fmanced through the levy of special taxes; and,
WHEREAS, at any time before or after the formation of the District, this legislative body may
accept advances of funds and/or work in kind from any source; however, no reimbursement and/or
repayment shall be made for said advances until expressly set forth by agreement and/or Resolution of this
legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment;
and,
WHEREAS, all communications re1ating to the establishment of the District, the proposed services
and the proposed rate and method of apportionment of the special tax have been presented, and it has
further been determined that a majority protest as defined by law has not been received against these
proceedings; and,
WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the
territory of the District, and have been for at least the preceding ninety (90) days, this legislative body is
desirous to submit the levy of the required special tax to the landowners of the District, said landowners
being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
I~-I
j
PROTESTS
SECTION 2. The written protests received, if any, do not represent a majority protest as dermed
by the applicable provisions of the Community Facilities District Law.
FINAL REPORT
SECTION 3. The Community Facilities District Report, as now submitted, shall stand as the
Community Facilities District Report for all future proceedings and all terms and contents are approved
as set forth therein.
NAME OF DISTRICT
SECTION 4. This legislative body does hereby establish and declare the formation of the
Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO.
98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW m)".
BOUNDARIES OF DISTRICT
SECTION 5. The boundaries and parcels of land in which the public service and public facilities
are to be provided and on which special taxes will be levied in order to pay the costs and expenses for said
public services and public facilities are generally described as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN
SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW m), as shown on a boundary map as
previously approved by this legislative body, said map designated by the name of this Community
Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map
of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and
Highways Code of the State of California in the Office of the County Recorder of the County of
San Diego, at Page of Book of the Book of Maps of Assessment and Community
Facilities Districts for said County.
DESCRIPTION OF SERVICES
SECTION 6. The proposed services to be provided to serve the District are generally described
as follows:
Maintenance of medians, parkways, landscaped and irrigated slopes, natural non-
irrigated open space, certain drainage channels, detention basins, walls and fences,
trails and street trees, including furnishing of services and materials for the
ordinary and usual operation, maintenance and servicing of any improvement or
appurtenant facilities, including repair, removal or replacement of all or any part
of the improvement or appurtenant facilities, providing for the life, growth, health
and beauty of the landscaping, including cultivation, irrigation, trimming,
/1C-A
spraying, fertilizing and treating for disease or injury; the removal of trimmings,
rubbish, debris and other solid waste. Maintenance also means the furnishing of
water for the irrigation of the landscaping, the installation of planting or
landscaping, or the installation or construction of supplemental facilities including
any facilities which are necessary or convenient for the maintenance of eligible
facilities.
For a full and complete description of the public services, reference is made to the fmal Community
Facilities District Report, a copy of which is on file in the Office of the City' Clerk. For all particulars,
reference is made to said Community Facilities District Report.
SPECIAL TAX
SECTION 7. Except where funds are otherwise available a special tax, secured by recordation
of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized,
subject to voter approval, to be levied annually within the boundaries of said District. The proposed
special tax to be levied within said District has not been precluded by majority protest pursuant to Section
53324 of the Government Code of the State of California. For particulars as to the rate and method of
apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit. A.
(the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow
each landowner or resident within the proposed District to estimate the maximum amount that said person
will have to pay for the authorized public services. Said special tax shall be utilized to pay for authorized
services.
The special taxes herein authorized shall be collected in the same manner as ad valorem property
taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of
delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by
resolution, establish and adopt an alternate or supplemental procedure as necessary.
This legislative body further authorizes that special taxes may be prepaid and satisfied pursuant to
the provisions for the prepayment of special taxes set forth in the Special Tax Formula.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and
Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall
attach to all non-exempt real property in the District and this lien shall continue in force and effect until
the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law
or until collection of the tax by the legislative body ceases.
PREPARATION OF ANNUAL TAX ROLL
SECTION 8. The name, address and telephone number of the office, department or bureau which
will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel
number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1
of the Government Code of the State of California, are as follows:
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ANANCEDEPARTMENT
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CA. 91910
FINDING OF VALIDITY
SECTION 9. It is hereby further determined by this legislative body that all proceedings prior
hereto were valid and taken in conformity with the requirements of the law, and specifically the provisions
of the Community Facilities District Law, and that this fmding and determination is made pursuant to the
provisions and authorization of Section 53325.1 of the Government Code of the State of California.
APPEALS AND INTERPRETATION PROCEDURE
SECTION 10. Any landowner or resident who feels that the amount or formula of the special tax
is in error may file a notice with the City Council appealing the levy of the special tax, An appeals panel
of 3 members, as appointed by the City Council, will then meet and promptly review the appeal, and if
necessary, meet with the applicant. If the fmdings of the Appeals Board verify that the tax should be
modified or changed, a recommendation at that time will be made to the City Council and, as appropriate,
the special tax levy shall be corrected, and if applicable in any case, a refund shall be granted.
Interpretations may be made by the City Council by Resolution for purposes of clarifying any
vagueness or ambiguity as it relates to any category, zone, rate or definition applicable to these
proceedings.
ELECTION
SECTION 11. This legislative body herewith submits the levy of the special tax to the qualified
electors of the District, said electors being the landowners of the proposed District, with each landowner
having one (1) vote for each acre or portion thereof of land which he or she owns within the Community
Facilities District.
This legislative body hereby further directs that the ballot proposition relating to the levy of the
above referenced special tax be combined and consolidated with the proposition relating to the incurring
of a bonded indebtedness and establishing an appropriations limit for the District.
The proposition related to the levy of the special tax shall, together with a proposition to establish
an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be
held on the 11TH DAY OF AUGUST, 1998, and said election shall be a special election to be conducted
by the City Clerk (hereinafter referred to as the "Election Official "). If the proposition for the levy of the
special tax receive the approval of more than two-thirds (2/3) of the votes cast on the proposition the
special tax may be levied as provided for in this Resolution.
J* -1./
BALLOT
SECTION 12. The ballot proposals to be submitted to the qualified voters at the election shall
generally be as follows:
PROPOSITION A
Shall COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 [SUNBOW II]) be authorized to levy special taxes pursuant to the rate and
method of apportionment of special taxes set forth in Resolution No. _ to finance authorized
services?
PROPOSITION B
Shall COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 [SUNBOW II]) establish an Article XIIm appropriations limit equal to
$1,000,000?
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SECTION 13. The appropriate mark placed in the voting square after the word "YES" shall be
counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square
after the word "NO" in the manner as authorized, shall be counted against the adoption ofsaid propqsition.
ELECTION PROCEDURE
SECTION 14. The Election Official is hereby authorized to take any and all steps necessary for
holding the above election. The Election Official shall perform and render all services and proceedings
incidental to and connected with the conduct of the election, including but not limited to, the following:
1. Prepare and furnish to the necessary election supplies for the conduct of the election.
2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary
forms.
3. Furnish and address official ballots for the qualified electors of the Community Facilities
District.
4. Cause the official ballots to be mailed and/or delivered, as required by law.
5. Receive the returns of the election and supplies.
6. Sort and assemble the election material and supplies in preparation for the canvassing of
the returns.
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7. Canvass the returns of the election.
8. Furnish a tabulation of the number of votes given in the election.
9. Conduct and handle all other matters relating to the proceedings and conduct of the election
in the manner and form as required by law.
PREPARED BY:
APPROVED AS TO FORM BY:
~i~~~~
-ivY' Jo . Lippitt
Director of Public Works
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( OPEN
BOUNDARY MAP
COMMUNITY FACIUTIES DISTRICT NO.
SPACE MAINTENANCE DISTRICT NO. 35
CIlY OF CHULA VISTA
COUNTY OF SAN DIEGO
STATE OF CAUFORNIA
_ l'ElEGRAPH
CANYON
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exHIBIT '3
SPECIAL TAX REPORT
FOR
COMMUNITY FACILITIES DISTRICT
NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT
NO. 35 [SUNBOW II])
CITY OF CHULA VISTA
JULY 1998
Prepared by:
DICK JACOBS ASSOCIA ITS
in association
with
JEROME P. FOURNIER - PUBLIC FINANCE CONSULTA...',"T
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COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SlJ!liBOW II])
CITY OF CHULA VISTA
CITY COUNCIL
Shirley A. Horton, Mayor
John S. Moot
Stephen C. Padilla
Jerry R. Rindone
Mary Salas
CITY STAFF
David D. Rowlands, Jr., City Manager
John M. Kaheny, City Attorney
Beverly A. Authelet, City Clerk
John P. Lippitt, Director of Public Works
PROFESSIONAL SERVICES
Dick Jacobs Associates - Special Tax Consultant
Jerome P. Fournier, Public Finance Consultant
Brown, Diven, HesselI & Brewer - Special Counsel
--i?-
COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPE~ SPACE MAINTENANCE DISTRICT NO. 35 [SUl't""BOW II])
CITY OF CHULA VISTA
TABLE OF CONTENTS
~
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Part L Description of District Boundary ........................................ 2
Part II. Description of Maintenance Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1. Street Medians and Parkways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Landscaped and Irrigated Slopes ................................ _ . . . . . 4
3. Natural Non-Irrigated Open Space Areas ............................... 4
4. Poggi Canyon Cbannel and Desilting Basins ............................. 4
5. Telegrapb Canyon Drainage Cbannel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Community Walls ............................................. _ . . . . 4
Part m. Cost Estimate .... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . 6
Part IV. Rate and Metbod of Apportionment of Special Taxes ...................... 7
Definitions ................................ _ . . . . . . . . . . . . _ . . _ . . . . . . . _ . 7
Property Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . 9
Maximum Special Tax Rate ........... _ . . . . . . . . . _ . . . . . . . . . _ . _ . . . . . . . _ . 10
Increasing tbe Maximum Special Tax Rate ............. _ . . . . . . . . . . _ . . . . . _ 11
Levy and Apportionment of Special Taxes. . . . . . . . . . . . -
_ _ _ 11
7
/ (ie. r
TABLE OF CONTENTS
(Continued)
Extraordinary Special Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
List of Tables
~
Table 1 - Summary of Facility Maintenance Costs at Build Out .....................6
Table 2 - Maximum Special Tax Rate ............... _ . . . . . . . . . . . . _ . . . . . . . . . _ . . 10
List of Exhibits
Exhibit A - Boundary Map ................................................. 14
Exhibit B - Facility Maintenance Costs and Spread Methodology ...... _ . . . . . . . . . . . IS
Exhibit C - Special Tax Revenue by SPA Planning Area at Build Out. . . . . . . . . . . . . . . . 16
Exhibit D - Assessor's Parcels at Formation of District ........................... 17
ExhibitE-LocationMapofMaintainedFacilities ..............................18
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COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW Ill)
CITY OF CHULA VISTA
ThlRODUCTION
The City of Chula Vista (City) has been requested to initiate proceedings to establish a
Community Facilities District to include that property commonly known as Sunbow II for
the purpose of providing maintenance and services of medians and parkways, community
walls, landscaped and irrigated slopes, natural non-irrigated open space and certain drainage
channels and detention basins which will be constructed with the Sunbow II development.
Creation of the Community FaciIities District will provide funding to meet increased demand
upon the City as a result of development within the boundaries of the proposed Community
Facilities District (District).
The proposed District is located in the City of Chula Vista, County of San Diego, State of
California, as depicted on a reduced map of the boundaries thereof: Exhibit A, Boundary
Map, included herein.
The City adopted Resolution No. 19063 declaring its intention to form Community Facilities
District No. 98-3 (Open Space Maintenance District No. 35 [Sunbow ll]) and ordered the
preparation of a report describing the proposed services to be financed by the District. The
proceedings are being conducted in accordance with the provisions of the "Mello Roos
Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5,
commencing with Section 53311, of the Government Code of the State of California (the
Act) and the City of Chula Vista Community Facilities District Ordinance. The report has
been prepared by, or under the direction of the Director of Public Works and other such
officers respOnsIble for the providing of the services to be financed by the proposed District.
The report has been prepared in accordance with Section 53321.5 of the Act and includes:
1) A description of the area to be served, said area being the boundaries of the District.
II) A description of the maintenance services which are required to adequately meet
the needs of the District.
Ill) A cost estimate, setting fourth the fair and reasonable costs and expenses for
providing the public services to serve the properties and residents within the
boundaries of the District.
IV) The rate and method of apportionment of the special tax in sufficient detail to
allow each landowner or resident within the proposed District to estimate the
maximum amount of payment.
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Open Space Maintenance District No. 35 - Sunbow II
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Part I - Description of District Boundary
The proposed Community Facilities District No. 98-3, (Open Space Maintenance District
No. 35 [ Sunbow IT]), is generally described as lands within Chula Vista Tract 90-07.
The boundaries of the District are described in Exhibit A of this report. Reference is hereby
made to the full scale Boundary Map for Community Facilities District No. 98-3 on file in
the office of the City Engineer of the City of Chula Vista.
A full listing of all parcels included in this Mello-Roos formation, as they existed at the time
the District was formed, can be found in Exhibit D.
Open Space Maintenance District No. 35 - Sunbow II
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Part II - Description of Maintenance Services
Section 53311.5 of the Act provides for alternate financing of certain services in developing
areas. Since there are no other means of financing these services available to the City, and
since the services are required to meet additional demands on the City as a result of
development occurring within the proposed District, the financing of the proposed services
is in accordance with Section 53313.5 of the Act and the City of Chula Vista Community
Facilities District Ordinance.
The proposed services include all direct, administrative, and incidental annual costs and
expenses related to providing for the maintenance and servicing of facilities including
irrigation, cultivation, installation and replacement of plant material, tree trimming and
necessary supplies; personnel. utility and equipment costs; contract services where
applicable; maintenance. and servicing of parkway and median, landscaping, drainage
facilities, and open space slopes, trails and walls.
Maintenance and services to include but not be limited to the improvements listed below.
Reference is made to the Map included as Exlnbit E which more fully identifies the locations
of the improvements to be maintained within Open Space Maintenance District No. 35 -
Sunbow II.
1. STREET MEDIANS AND PARKWAYS
Landscaping and irrigation system improvements in the street median and parkway
areas and in subdivision entries and intersection zones, buffers and edges including
but not limited to the following landscaped corridors:
A. East Palomar Street from Oleander Avenue to the eastern Sunbow II CFD
boundary;
B. Medical Center / Brandywine Drive from its intersection with the Sunbow II CFD
boundmy at the north to its intersection with the Sunbow II CFD boundary at the
south;
C. Pasco Ladera from Telegraph Canyon Road to approximately 1,300 feet south of
East Palomar Street;
D. Olympic Parkway from its intersection with Oleander Avenue at the west to its
intersection with the Sunbow II CFD boundary at the east;
E. Medical Center Court from the Sunbow II crn boundary at the north to East
Palomar Street;
F. Telegraph Canyon Road (south parkway and II, median) that fronts the Sunbow II
crn boundary at the north.
Open Space Maintenance District No. 35 - Sunbow II
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2. LA..~l>SCAPED Mill IRRIGATED SLOPES
Landscaping and inigation system improvements located on landscaped and irrigated
slopes in open space lots to include but not be limited to those within or adjacent to
the following SPA Planning Areas (Identified as PAs on Exhibit E):
A. SPA Planning Area 12
B. SPA Planning Area 13
C. SPA Planning Area 14
D. SPA Planning Area 15
E. SPA Planning Area 16
F. SPA Planning Area 17
G. SPA Planning Area 18
H. SPA Planning Area 19
I. SPA Planning Area 20
J. SP APlanning Area 21
K. SPA Planning Area 22(On and off site)
L. SPA Planning Area 11
M. SPA Planning Area 23
3. NATURAL NON-IRRIGATED OPEN SPACE AREAS
Natural open space lands and slopes containing temporary inigation systems to create
indigenous plant growth and habitat as mitigation for direct and indirect impacts to
native plants and animals; and natural open space lands including the restored
wetlands.
The natural open space lands and slopes are located generally north and south of
Olympic Parkway and east of Medical Center Drive in the Poggi Canyon dedicated
open space area.
4. POGGI CANYON CHANNEL A..1'W DESILTING BASINS
Maintenance to assure continued hydraulic capacity and silt containment to include
removal of sediment from three (3) detention basins located in Poggi Canyon, south
of Olympic Parkway.
5. TELEGRAPH CA..~ON DRAINAGE CHANNEL
The Sunbow IT development, per City Resolution 17588, is required to participate
through contribution of its proportionate share (3.1 %) of the cost of maintaining the
Telegraph Canyon Drainage Channel. The Telegraph Canyon Drainage Channel is
located adjacent to Telegraph Canyon Road and extends from the Eastlake
development in the east to the western boundary of the Rancho Del Rey development
east of Paseo Ladera.
6. COMMUNITY WALLS
Open Space Maintenance District No. 35 - Sunbow II
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Commtmity Walls located generally along internal circulation streets that separate the
circulation streets from the individual developed SPA areas.
OPERA nONS AND MAINTENANCE EXPENSES
Maintenance of the foregoing improvements means the furnishing of services and materials
for the ordinary and usual operation, maintenance and servicing of any improvement or
appurtenant facilities, including repair, removal or replacement of all or any part of the
improvement or appurtenant facilities, providing for the life, growth, health and beauty of
the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating
for disease or injury; the removal of trimmings, rubbish, debris and other solid waste.
Maintenance also means the furnishing of water for the irrigation of the landscaping, the
installation of planting or landscaping, or the installation or construction of supplemental
facilities including any facilities which are necessary or convenient for the maintenance of
eligible facilities.
The foregoing services shall be provided by the City, either with its own forces or by
contract with third parties, or any combination thereot: as determined by the City.
ADMINISTRATIVE EXPENSES
The direct and indirect expenses incurred by the City in carrying out its duties with respect
to the District (including, but not limited to, the levy and collection of the special taxes)
including the fees and expenses of its counseL any fees of the County related to the District
or the collection of special taxes, an allocable share of the salaries of the City staff directly
related thereto and a proportionate amount of the City's general administrative overhead
related thereto, any amounts paid by the City from its general fund with respect to the
District, and expenses incurred by the City in undertaking action to foreclose on properties
for which the payment of special taxes is delinquent, and all other costs and expenses of the
City.
INCIDENTAL EXPENSES
The incidental expenses to include: (i) all costs associated with the admini<:tration of the
proposed commtmity facilities district, the determination of the amount of and collection of
taxes, the payment of taxes, and costs otherwise inClllTed in order to carry out the authorized
purposes of the community facilities district, and (ii) any other expenses incidental to the
maintenance and inspection of such facilities, including the establishment of a reserve fund
equal to up to 100% of the estimated annual maintenance costs.
Open Space Maintenance District No. 35 - Sunbow II
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Part III - Cost Estimate
The estimate of the fair and reasonable annual cost of the proposed maintenance services for
Open Space Maintenance District No. 35 - Sunbow II including incidental expenses in
connection with providing said services, and all other related costs is shown in Table 1
below. The total annual cost is estimated to be S803,562 (1998 Dollars) and is based on
build out of the Sunbow II community with all the facilities that will be maintained complete
and in place.
TABLE 1
OPEN SPACE MAINTENANCE DISTRICT NO. 35 - SUNBOW II
SUMMARY OF FACII,ITV MAINTENANCE COSTS AT BUII,D OUT
MAINTAINED FACILITY ESTIMATED lIMI COST PER TOTAr. rmT
OUANTITY UNITIYR PER YR
1. Street Medians and 640,863 Sq. Foot SO.295 S189,055
Parkways
2. Landscaped and 2,548,817 Sq. Foot $0.205 S522,507
hrigated Slopes
3. Natural non irrigated
open space
A. Biological 1 Lump Sum S17,500 S17,500
Monitoring and Reporting
B. Revegetated Non- 621,900 Sq. Foot SO.0217 $13,495
hrigated Slopes
C. Native Open Space 5,176,670 Sq. Foot SO.OO844 $43,691
Land
4. Poggi Canyon 1 Lump Sum S2,000 $2,000
Drainage Channels and
Basins
5. Telegraph Canyon 1 Lump Sum SI,350 SI,350
Drainage Channel
6. Community Walls 16,824 Linear Feet SO.83 $13,964
Total Cost $803,562
Open Space Maintenance District No. 35 - Sunbow II
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F or a more detailed presentation of facility maintenance costs and the method used to
distribute the costs for each type of maintained facility, please refer to Exhibit B of this
report.
Part IV - Rate and Method of Apportionment of Special Taxes
A Special Tax shall be levied annually on land within Community Facilities District N{). 98-3
(Open Space Maintenance District No. 35 [Sunbow II]) of the City of Chula Vista (the
"District"), and collected according to the Special Tax Liability determined by the City of
Chula Vista (the "City") through the application of the following procedures. All of the
property within the District, unless otherwise exempted by law or the express provisions of
the rate and method of apportionment expressed below, shall be taxed to the extent and in
the manner provided below.
It is intended that all Special Taxes applicable to Parcels be rollected in the same manner and
at the same time as ordinary ad valorem property taxes, and that Special Taxes so levied will
be subject to the same penalties and procedures, sale and lien priority in case of delinquency
as is provided for ad valorem taxes.
DEFINITIONS
Acre or Acreage: The area of a Parcel as shown on the latest maps of the Assessor of the
County of San Diego, or a current recorded subdivision map, parcel map, record of survey
or other recorded document creating or describing the Parcel. If the preceding maps are not
available, the area shall be determined by the City Engineer.
Administrative Expenses: The direct and indirect expenses incurred by the City in carrying
out its duties with respect to the District (including, but not limited to, the levy and collection
of the Special Taxes) including the fees and expenses of its counsel, fees of the County
related to the District or the collection of Special Taxes, an allocable share of the salaries of
City staff directly related thereto, any amounts paid by the City from its general fund with
respect to the District, and expenses incurred by the City in undertaking actions to foreclose
on properties for which the payment of Special Taxes is delinquent, and all other costs and
expenses of the City related to the District.
Assessor's Parcel: Any San Diego County Assessor's Parcel or portion thereof that is within
the boundaries of the District designated on a map of the San Diego County Assessor and
which has been assigned a discrete identifying number on the equalized tax rolls of the
County.
City: The City of Chula Vista.
Open Space Maintenance District No. 35 - Sunbow II
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Developed Property: Non-exempt Property Assessor's Parcels in the District that have been
included within a recorded Final Map, in the case of Single Family detached land use, or an
approved Site Development Plan, in the case of other land uses, as of March I of the
preceding Fiscal Year.
District: Co=unity Facilities District No. 98-3 (Open Space Maintenance District No. 35
[Sunbow II]) of the City ofChula Vista.
Dwelling Unit: Any building or portion thereof which contains living facilities, including
provisions for sleeping, eating, cooking, and sanitation, for no more than one family, or a
congregated residence for 10 or fewer persons.
Equivalent Dwelling Unit: A unit of measurement whereby a single family detached
dwelling unit is equal to one basic unit and all other land uses are a ratio relative to this
measure.
Exempt Property: Assessor's parcels of property existing at the time of the establishment
of the District or which will be conveyed, dedicated or irrevocably offered for dedication to
a public agency pursuant to a City plan or agreement which are exempt for the levy of
special taxes, including property owned by a public agency which is in public use; property
which is utilized for public utility purposes and which is not occupied on a regular basis by
employees of the public utility; property irrevocably offered for dedication to a public
agency, or land which is in the public right-of-way, unmanned utility easements which make
utilization for other than the purpose set forth in the easement impractical, common areas,
private streets and parks, and open space lots.
Extraordinary Special Tax: That tax over and in addition to any Special Tax authorized to
be collected in conjunction with a reduction in the special tax revenue that could be collected
upon full development of the land in the District.
Extraordinary Special Tax Account: A special City account established for holding and
administrating Extraordinary Special Tax funds received, including interest earnings thereon.
Fiscal Year: The period starting on July 1 and ending the following June 30.
Maximum Special Tax: The maximum special tax that can be levied within CFD No. 98-3
by the City Council in any Fiscal Year for each Parcel of Taxable Property.
Operating Fund: A fund that shall be maintained for the District for any Fiscal year to pay
for the actual maintenance, repair, and replacement, and the Administrative Expenses.
Operating Fund Balance: The amount of funds in the Operating Fund at the end of the
Open Space Maintenance District No. 35 - Sunbow 11
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preceding Fiscal Year.
Operating Fund Requirement: For any Fiscal Year an amount equal to the budget costs of
the maintenance, repair and replacement of eligible facilities which have been accepted and
maintained by the District or are reasonably expected to be accepted and maintained by the
District during the current Fiscal Year plus the budgeted Administrative Expenses of the
District for the current Fiscal Year in which Special Taxes are levied.
Reserve Fund: A fund that shall be maintained for the District to provide necessary cash
flow for operations and maintenance for the first six months of each Fiscal Year, working
capital to cover maintenance and repair cost overruns and delinquencies that may arise in
connection with the collection of Special Taxes and a reasonable buffer against large
variations in annual special tax amounts.
Reserve Fund Balance: The amount of funds in the Reserve Fund at the end of the
preceding Fiscal Year.
Reserve Fund Requirement: The required balance in the Reserve Fund equal to up to 100%
of the Operating Fund Requirement.
Special Tax: The special tax or special taxes actuaI1y levied for a fiscal year within CFD No.
98-3.
Special Tax Liability: For any Fiscal Year, an amount determined to be sufficient to pay the
costs of the District, including: (i) the amount required to be deposited into the Operating
Food to meet the Operating Food Requirement, less the operating Fund Balance, and (ii) an
amount, if any, required to be deposited into the Reserve Fund to meet the Reserve Fund
Requirement, less the Reserve Fund Balance.
Taxable Property: All real property or Parcels within the booodaries of the District which
are not exempt from the Special Tax pursuant to law, or Parcels which are classified or
assigned to the Exempt Category as defined herein.
Undeveloped Property: An Assessor's Parcel in the District not classified as Developed
Property or Exempt Property.
PROPERTY CATEGORIES
The property categories to which Assessor's parcels in the District shall be assigned are as
follows:
Class 1 - Developed Property
Open Space Maintenance District No. 35 - Sunbow 11
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Class 2 - Undeveloped Property
Class 3 - Exempt Property
On or about July 1 of each year, but in any event in sufficient time to include the levy of the
Special Taxes on the County's secured tax roll, the City shall assign each Parcel within the
District to one of the three property categories as defined above. Parcels subject to levy shall
be determined based upon the records of the San Diego County Assessor as of the March 1
preceding such July L
MAXIMUM SPECIAL TAX RATE
Class 1 - Developed Property
The maximum special tax rate for Class 1 - Developed Properties per Equivalent
Dwelling Unit (EDU) or acre for the various land uses within the District
commencing with July 1, 1998 are specified in Table 2 below:
TABLF.2
OPEN SPACE MAINTENANCE DISTRICT NO. 3S - SUNBOW II
MAXIMUM SPECIAl, TAX RATE - CLASS] - DEVELOPED PROPERTY
MAINTAINED FACILITY RESIDENTIAL INDUSTRIAL COMMERCIAL TOTAL COST
cosT/EDUIYR cosT/ACREIYR COST/ACREIvR PER YR
1. Street Medians and $64.81 $1,296.20 $1,620.25 $189,055
Parltways
2. landscaped and $240.68 $1,203.40 $1,203.40 $522,507
Irrigated slopes
3. Natural non irrigated $34.40 $172.00 $172.00 $74,686
open space
4. Poggi Canyon $0.92 $4.60 $4.60 $2,000
drainage channels and
basins
5. Telegraph Canyon $0.62 $3.10 $3.10 $1,350
drainage channel
6. Community Walls $6.43 $32.15 $32.15 $13,964
Max Special Tax Rate $347.86 $2,711.45 $3,035.50 $803.562
Open Space Maintenance District No. 3S - Sunbow II
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Class 2 - Undeveloped Property
The maximwn special tax rate that may be levied within the District commencing
with July 1, 1998 for Class 2 - Undeveloped Property is as follows:
Maximum Special Tax Rate Equals 52,078.54 per Acre
INCREASING THE MAXIMUM SPECIAL TAX RATE
Beginning with Fiscal Year 1998-99, the Maximwn Special Tax Rates shall be increased or
decreased each Fiscal Year thereafter by a factor which shall be the lesser of the January to
January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual
change in the estimated California Fourth Quarter Per Capita Personal Income as contained
in the Governor's budget published every January.
LEVY AND APPORTIONMENT OF SPECIAL TAXES
The City shall determine the Special Tax Liability in each Fiscal Year on or about every July
L The Special Tax Liability shall be then levied on each Parcel in the Class I - Developed
Category and Class 2 - Undeveloped Category in the following order of priority:
Step 1: Determine the mlllomwn revenue which could be generated in the
District by multiplying the total Equivalent Dwelling Units (EDU's) of
all Developed Parcels assigned to the Class I - Developed Category by
the Maximwn Special Tax per EDU. .
Step 2: If the total revenue as calculated in Step I is greater than the Special Tax
Liability for the District, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax
Liability of such Special Tax Area, a Special Tax shall be levied upon
each Parcel assigned to the Class 2 - Undeveloped Category.
The Special Tax for the Class 2 - Undeveloped Category shall be calculated as the lesser of:
(i) The Special Tax Liability for the District, less the total of funds generated for
all Parcels under Step 1 above, divided by the total Acres for all Parcels
Open Space Maintenance District No. 35 - Sunbow II
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assigned to the "Class 2 - Undeveloped Category" within the District.
OR,
(ii) the Maximum Special Tax rate for Class 2 - Undeveloped Category Parcels.
Step 4: The total Special Tax Liability for each Parcel shall be the sum of the Special
Tax Liability for each of the type of maintained facilities as defined in Table
2.
EXTRAORDINARY SPECIAL TAX
At the beginning of each Fiscal Year, the City shall determine whether the levy and
collection of the Extraordinary Special Tax is required to protect against any changes in
density or development that would result in the generation of insufficient Special Tax
revenues within the District. The Extraordinary Special Tax shall be in addition to any
annual Special Tax levied upon the Parcel for that year.
Step 1: The City will determine the Maximum Special Tax Revenue that can
be collected from the Class I - Developed Category at build out for
each of the SPA Planning Areas as shown in Exhibit C. Exhibit C
shall be modified each Fiscal Year to reflect changes in land use,
nmnber of units, total acres and total EDU's within the planning areas
within the District.
Step 2: If the amount calculated in Step 1 for any of the SPA Planning Areas
is less than the Special Tax Liability for that SPA Planning Area, the
difference between the amount calculated above and the Special Tax
Liability is the "Special Tax Deficiency." The first time a Special Tax
Deficiency applies to a SPA Planning Area, the amount of
Extraordinary Special Tax shall be determined by calculating the
present value of the Special Tax Deficiency using an interest rate of
5.5% and a term of 50 years. The Extraordinary Special Tax as
determined above shall be proportionately levied to all Parcels
assigned to the Class 2 - Undeveloped Category, provided, however
prior to June 1 of each year in which there is a Special Tax
Deficiency, the owner of Class 2 - Undeveloped Land may, at its
election, post security in lieu of the Extraordinary Special Tax that
would otherwise be levied plus an amount sufficient to compensate
for lost earnings on investment of the Extraordinary Special Tax if it
were to be levied.
Open Space Maintenance District No. 35 - Sunbow II
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Step 3: Any Extraordinary Special Taxes collected by the City shall be deposited
in the Extraordinary Special Tax Account, including interest earnings
thereon. Monies held in the Extraordinary Special Tax Account may be
used annually to the extent that the Special Taxes to be collected from
Developed Parcels and Parcels assigned to the Class 2 - Undeveloped
CategOlyare insufficient to fund the Special Tax Liability of the District;
provided, however, that under no circumstance shall the City use monies
in the Extraordinary Special Tax Account to fund Special Tax
Delinquencies.
Step 4: In each Fiscal Year subsequent to the first time a Special Tax Deficiency
applies to the District, the City shall calculate the Extraordinary Special
Tax as provided for in Step 3 (i.e., using an interest rate of 5.5% and a
term of 50 years) and apply one of the following procedures:
(i) if the amount of Extraordinary Special Taxis greater than
the balance in the Extraordinary Special Tax Account, then the
difference shall be proportionately levied to all Parcels assigned to the
Class 2 - Undeveloped Category within the District;
(ii) if the amount of Extraordinary Special Tax is equal to the
balance in the Extraordinary Special Tax Account, then no
Extraordinary Special Tax shall be levied for the Fiscal Year;
(iii) if the amount of Extraordinary Special Tax is less than the
balance in the Extraordinary Special Tax Account, then the difference
shall be refunded to the property owner that previously paid such
Extraordinary Special Tax.
Open Space Maintenance District No. 35 - Sunbow II
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BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])
CllY OF CHULA VISTA
COUNlY OF SAN DIEGO
STATE OF CAUFORNIA
_ 'TEI..EGRAPH
CANYON
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SHEET 1 OF 1
COMMIDiTfY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35lSUNBOW II])
CITY OF CHULA VISTA
EXHIBIT B
FACILITY MAINTENANCE COSTS AND SPREAD MEmODOLOGY
The estimated annual budget amounts for each of the types of facilities that will be
maintained, operated and managed and to which services will be furnished must be
distributed to the parcels within the boundary of the District based on an equitable
methodology. There are a number of different methods for apportioning the costs
including size of parcel, number of people being served, traffic trips generated by parcel,
etc. The method that most equitably distributes the costs taking into account the type of
facility and how it serves the population is the method that is used.
In each case, the method that is used is converted to a basic unit called an Equivalent
Dwelling Unit (EDU). The single family detached dwelling unit is one EDU and other
land uses are a ratio relative to this base measure. The value of an EDU is based on EDU
factors for which support data is available from the City of Chula Vista and/or SANDAG.
For the Sunbow II Open Space District, two spread methods were utilized to distribute
the costs of the services provided. For the Landscaped Medians and Parkways, the spread
method utilized was the Trip Generation Method. For all other types of services, the
Population Method was utilized. Equivalent Dwelling Unit factors for each of the
methods are presented in the subsequent tables.
Following is a summary of the facility maintenance costs and spread methodology used to
distribute the cost to the parcels and the various land uses for each of the types of
facilities.
Open Space Maintenance District No. 35 - Sunbow II
Page 15 "4 /
- /SC-.2j /Se. -3d
2'7
'. , :..;
Blank -
I ~~ /27
~&OWJl.QPE~PAce M!lNTE~ DISTElc;I
.FACILIJY M6Im.tIA~ COSTS AIiQ ~~REA~OGY
A. FACILITY MAINTENANCE COSTS
BENEFIT TOTAL COST PER TOTAL TOTAL COST PER
BOUNDARY AREA SQ FT SQ FTIYR COSTIYEAR EOU'S EOUlYEAR
Sunbow II 640,863 $0.295 $189,055 2,917 $64.81
B. SPREAD METHOD - TRIP GENERATION
LAND USE EQUIVALENT DWElliNG UNITS IEDU'S)
IPER UNIT OR ACRE)
1. Single Family 1.0 per unit
2. Multi-family 0.8 per unit
3. Commercial 25.0 per acre
4. Industrial 20.0 per acre
C. DESCRIPTION OF FAClUTlES TO BE MAINTAINED
Landscaping and irrigation system improvements in the street median and parkway areas
and in subdivision entries and intersection zones, buffers and edges of the following
landscaped corridors:
A. East Palomar Street from Oleander Avenue to the eastern Sunbow II CFD boundary;
B. Medical Center I Brandywine Drive from its intersection with the Sunbow II CFD
boundary. at the north to its intersection with the Sunbow II CFD boundary at the
south;
C. Pasco Ladera from Telegraph Canyon Road to approximately 1,300 feet south of East
Palomar Street;
D. Olympic Parkway from its intersection with Brandywine Drive at the west to its
intersection with the Sunbow II CFD boundary at the east;
E. Medical Center Coun from the Sunbow II CFD boundary at the north to East Palomar
Street;
F. Telegraph Canyon Road (south parkway and 'I:z median) that fronts the Sunbow II CFD
boundary at the north.
D. MAJOR ACTMTY
Weeding, mowing and irrigation of medians and parkways.
~
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A. FAClUTY MAINTENANCE COSTS
BENEFIT TOTAL COST PER TOTAL TOTAL COST PER
BOUNDARY AREA SO FT SO FTIYR COSTIYEAR EDU'S EDUMAR
Sunbow II 2,548,817 $0.205 $522,507 2,171 $240.68
B. SPREAD METHOD - POPULATION METHOD (AVERAGE PERSONS PER UNIT OR ACRE;)
LAND USE EOUIVALENT DWELUNG UNITS IEDU'S)
(PER UNIT OR ACRE;)
1. Single Family 1.00 per unit
2. Mufti-family 1.00 per unit
3. Commercial 5.00 per acre
4. Industrial 5.00 per acre
C. DESCRIPTION OF FACILITIES TO BE MAINTAINED
Landscaping and permanent irrigation system improvements for graded slopes initially
planted with hydroseed mix and shrubs and trees located in the open space lots throughout
the Sunbow II community.
D. MAJOR ACTMTY
Weeding, and ilTigation of manufactured slopes.
-<-
!'Sc -3~
~-
CITY OF CHULA VISTA
SUNBOW II OPEN SPACE MAINTENANCE DIST~.ICT
FACILITY MAINTENANCE COSTS AND SPREAD MI;JHODOI,.OGY
III. NA TURAL NON-IRRIGA TED OPEN SPACE_
A. FACILITY MAINTENANCE COSTS
BENEFIT MAINTAINED TOTAL COST PER TOTAL TOTAL COST PER
BOUNDARY FACILITY AREA SQ SQ FTIYR COST EDU'S EDUIYEAR
FT lYEAR
Sunbow " Natural habitat; - - $17,500 2,171 $8.06
biological
monitoring,
management
and reporting
Sunbow " Revegetated, 621,900 $0.0217 $13,495 2,171 $6.22
non ilTigated
slopes
Sunbow " Native, open 5,176,670 $0.00844 $43,691 2,171 $20.12
space land
Total $74,686 2,171 $34.40
B. SPREAD METHOD - POPULATION METHOD (AVERAGE PERSONS PER UNIT OR ACREI
LAND USE EQUIVALENT DWELUNG UNITS (EDU'S)
(PER UNIT OR ACRE)
1. Single Family 1.00 per unit
2. Multi-family 1.00 per unit
3. Commercial 5.00 per acre
4. Industrial 5.00 per acre
C. DESCRIPTION OF FACIUTlES TO BE MAINTAINED
Natural open space lands and slopes containing temporary ilTigation systems to
create indigenous plant growth and habitat as mitigation for direct and indirect
~
/5'e.- -33
'..~-' h ....'-.,,'
impacts to native plants and animals; and natural open space lands including the
restored wetlands.
D. MAJOR ACTIVITY
Biological monitoring, maintenance and reporting of condition of both existing
and restored habitat.
Exotic species removal. Litter removal of natural open space lands.
(~C;-c -3~
;W-
j
-n-1
CITY OF CHULA VISTA
SUNBOW II OPEN SPACE MAINTeN~NCE DIST~ICT
FACII.ITY MAINJ~aNCE COSTS AND SP~EAD METHODOLOGY
IV. POGGI CANYON DRAINAGE CHANNEL AND BASINS
A. FACIUTY MAINTENANCE COSTS
BENEFIT MAINTAINED TOTAL TOTAL COST PER
BOUNDARY FACIUTY COSTIYEAR ~ EDUIYEAR
Sunbow II Silt removal $2,000 2,171 $0.92
from detention
basins
B. SPREAD METHOD. POPULATION METHOD /AVERAGE PERSONS PER UNIT OR ACRE)
LAND USE EQUIVALENT DWELUNG UNITS (EDU'S)
(PER UNIT OR ACRE)
1. Single Family 1.00 per unit
2. Multi-family 1.00 per unit
3. Commercial 5.00 per acre
4. Industrial 5.00 per acre
C. DESCRIPTION OF FAClUTlES TO BE MAINTAINED
Poggi Canyon channel and desilting basins at 3 designated locations.
D. MAJOR ACTMTY
Maintenance to assure continued hydraulic capacity and silt containment to
include removal of sediment from detention basins at designated areas.
~
/5t2- ---:2 s
.. .
CITY OF CHULA VISTA
SUNBOW II OPEt-I SPACE MAINTENANCE DISTRICT
FACILITY MAINTE,NANCE COSTS AND SPREAD METHODOLOGY
\I. TELEGRAPH CANYON DRAINAGE CHANNEL
A. FACILITY MAINTENANCE COSTS
BENEFIT MAINTAINED TOTAL TOTAL COST PER
BOUNDARY FACILITY COSTIYEAR EDU'S EDUIYEAR
Sunbow " Proportionate $1,350 2,171 $0.62
share of
Telegraph Cyn
Channel
B. SPREAD METHOD - POPULATION METHOD (AVERAGE PERSONS PER UNIT OR ACRE)
LAND USE EQUIVALENT DWELUNG UNITS (EDU'S)
(PER UNIT OR ACRE)
1. Single Family 1.00 per unit
2. Multi-family 1.00 per unit
3. Commercial 5.00 per acre
4. Industrial 5.00 per acre
C. DESCRIPTION OF FACIUTJES TO BE MAINTAINED
Proportionate share (3.1 %) of Telegraph Canyon cl,annel per City Resolution
17588.
D. MAJOR ACTIVITY
Maintenance to assure continued hydraulic capacity.
l-S-c--3~
~-
. CITY OF CHULA VISTA
$UNBOW II OPEN SPACE MAlf:'I,TENANCE DI~~RICT
FACILITY MAINTENANCE COSTS AND SPREAD METHQDOLOGY
VI. COMMUNITY WALLS
A. FACILITY MAINTENANCE COSTS
BENEFIT TOTAL COST PER TOTAL TOTAL COST PER
BOUNDARY UNEAR FT FT/YR COSTIYEAR EDU'S EDUIYEAR
Sunbow II 16,824 $0.83 $13,964 2,271 $6.43
B. SPREAD METHOD - POPULATION METHOD (AVERAGE PERSONS PER UNIT OR ACRE)
LAND USE EQUIVALENT DWELUNG UNITS (EDU'S)
(PER UNIT OR ACRE}
1. Single Family 1.00 per unit
2. Multi-family .., 1.00 per unit
3. Commercial 5.00 per acre
4. Industrial 5.00 per acre
"
C. DESCRIPTION OF FACIUTlES TO BE MAINTAINED
Community walls located generally along internal circulation streets that
separate the individual developed SPA areas from the circulation streets.
D. MAJOR ACTIVITY
Scheduled maintenance including repainting of walls plus repair, graffiti removal,
etc., as required.
/5(;,-.37/ /Sc!-38'
- This Page
(S(2-;3;Y
~ ----
-'
COMMUl'ilTY FACILITIES DISTRICT NO. 98-3
(OPE~ SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW ll))
CITY OF CHULA VISTA
EXHIBIT C
SPECIAL TAX REVENUE BY SPA PLANNING AREA
AT BUILD OUT
Exhibit C presents the proportionate share of the total maintenance cost allocated to each
of the SPA Planning Areas at buildout of the Sunbow II Community. In order to provide a
contingency for the Extraordinary Special Tax, the units have been reduced from 1,946 to
1,886 (3.1%).
In addition, a portion of the area covered by SPA Planning Area 6 is included in Open
Space District No. 18 and is currently being assessed at the rate of 2.55 EDUs in that
District. SPA Planning Area 6 will continue to be assessed at the maximum rate of 2.55
EDUs to pay its equitable share in District 18. In addition, when SPA Planning Area 6
converts to a "Developed Property", it will be assessed for the number of multi-family
dwelling units constructed (currently 78 units) as its equitable share in District 35.
Open Space Maintenance District No. 35 - Sunbow II
Page 16
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cX141B IT 'j
RESOLUTION NO. 19061
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA MAKING APPOINTMENTS IN PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NO. 35 [SUNBOW II])
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"). desires to initiate proceedings to create a Community Facilities District pursuant to
the terms provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter
2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the" Act")
and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the
powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be
referred to collectively as the "Community Facilities District Law"). This Community Facilities
District shall hereinafter be designated. as COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) (hereinafter referred to as the
"District"); and
WHEREAS, at this time, the legislative body is desires to appoint and designate itself
as the legislative body of the District, in order to allow the proceedings to go forward to
completion in accordance with the provisions of law.
-.
I
I
NOW, THEREFORE IT IS HEREBY RESOLVED:
..'
SECTION 1. The above recitals are all true and correct.
SECTION 2. Throughout the course of these formation proceedings and following the
formation thereof, the City Council of the City will be acting as the legislative body of
proposed Community Facilities District No. 98-3 (Open Space Maintenance District No. 35
[Sunbow II]), which shall upon the formation thereof be a legally constituted governmental
entity as defined by Section 53317 of the Government Code of the State of California.
SECTION 3. All applicable regulatory rules of the City, including date, time and place
of meetings, as well as notice requirements shall be applicable for all proceedings conducted
by this legislative body as the governing body of the Community Facilities District.
~ '. .
SECTION 4. The Star News is hereby designated as the newspaper for all publications
as required by law and as necessary for completion of this District.
Prepared by
Approved as to form by
C)--LL-C~ ~
JOVJaheny C/
City/A:torney
Joh P. Lippitt
Pu ic Works Director
/5C-5o I
/S-~-5/
'_:/4 -1:/_>'
Resolution 19061
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June, 1998, by the following vote:
AYES:
Couneilmembers:
Moot, Padilla, Rindone, Salas and Horton
NAYES:
Council members:
None
ABSENT:
Couneilmembers:
None
ABSTAIN:
Couneilmembers:
None
..dA;A//'tr~ J
Shirley Ho on, Mayor
ATTEST:
-.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19061 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 23rd day of June, 1998.
Executed this 23rd day of June, 1998.
If" Beverly A. Authelet, Ci
IS- e --:;- Z-
tlJ)
e-XI-\ IBIT ~
RESOLUTION NO. 19062
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA,CALlFORNIA, ADOPTING A BOUNDARY MAP SHOWING
THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE
INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT
NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35
[SUNBOW 11])
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(hereinafter referred to as the "legislative body of the local Agency"), desires to initiate
proceedings to create a Community Facilities District pursuant to the terms and provisions of
the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California (the "Act") and the City of Chula
Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordi~ance") (the'Act"and'the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
designated as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 [SUN BOW 11]) (hereinafter referred to as the "District"); and
'\
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed for inclusion in the District including properties and parcels of land proposed to be
subject to the levy of a special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The legislative body hereby adopts the map designated as "BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO.
35 [SUNBOW 11])" showing the boundaries of the territory proposed for inclusion in the
District including properties and parcels of land proposed to be subject to the levy of a special
tax by the District.
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the
map of the District, evidencing the date and adoption of this Resolution, and within fifteen
(15) days after the adoption of the Resolution fixing the time and place of the hearing on the
formation or extent of such District, a copy of such map shall be filed with the correct and
proper endorsements thereon with the .County Recorder, all in the manner and form provided
for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California.
Prepared bv
Approved as to form bv
J~lJ~
Pllblic Works Director
J f,,1. Kahe'ny
'tv Attorney
~
J
~
, ..I'
e _-IJ.-
I :>CJ)
Resolution 19062
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June, 1998, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
ATTEST:
Couneilmembers:
Couneilmembers:
Couneilmembers:
Couneilmembers:
f'- Beverly A. Authelet, Cit
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Moot, Padilla, Rindone, Salas and Horton
None
None
None
JAt~//~ /i0?k
Shirley H on, Mayor
.-"-:.
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19062 was duly passed, approved, and adopted by the City Council
at a regular meeting of theChula Vista City Council held on the 23rd day of June, 1998.
Executed this 23rd day of June, 1998.
/L~~-S1
reverlY A. Authelet,
~
CXt-+ 181T 0-
RESOLUTION NO. 19063
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING ITS INTENTION TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN
SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) AND TO
AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE
CERTAIN SERVICES
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"). at this time is desirous to initiate proceedings to create a Community Facilities
District pursuant to the terms and provisions of the" Mello-Roos Community Facilities Act of
1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code ofthe State of
California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and
7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])
(hereinafter referred to as the "District"); and
,..--
WHEREAS, this City Council is now required to proceed to adopt its Resolution of
Intention to initiate the proceedings for the establishment of such District, to set forth the
boundaries for such District, to indicate the type of public services to be financed by such
District, to indicate the rate and apportionment of a special tax sufficient to finance such
services, to set a time and place for a public hearing relating to the establishment of such
District; and
WHEREAS, a map of such District has been submitted showing the boundaries of the
territory proposed for inclusion in the District including properties and parcels of land proposed
to be subject to the levy of a special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
RECIT ALS
SECTION 1. The above recitals are all true and correct.
INITIATION OF PROCE"DINGS
SECTION 2. These proceedings are initiated by this City Council pursuant to the authorization
of Section 53318 of the Government Code of the State of California.
BOUNDARIES OF DISTRICT
SECTION 3. It is the intention of this City Council to establish a Community Facilities District
pursuant to the provisions of the Community Faciiities District Law, and to determine the
boundaries and parcels on which special taxes may be levied to finance certain services. A
description of the boundaries of the territory proposed for inclusion in the District including
~
/5e-5~
Resolution 19063
Page 2
properties and parcels of land proposed to be subject to the levy of a special tax by the
District is as follows:
All that property as shown on a map as previously approved by this City Council, such
map designated by the name of this Community Facilities District, a copy of which is
on file in the Office of the City Clerk and shall remain open for public inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed Community Facilities District to be established shall
be known and designated as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NO. 35 [SUNBOW II}).
DESCRIPTION OF SERVICES
SECTION 5. It is the further intention of this City Council to finance certain services that are
in addition to those provided in or required for the territory within the District and will not be
replacing services already available. A general description of the services to be provided is
as follows:
. Maintenance of medians, parkways, landscaped and irrigated slopes, natural
non-irrigated open space, certain drainage channels, detention basins, walls and
fences, trails and street trees, including furnishing of services and materials for the
ordinary and usual operation, maintenance and servicing of any improvement or
appurtenant facilities, including repair, removal or replacement of all or any part of the
improvement or appurtenant facilities, providing for the life, growth, health and beauty
of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and
treating for disease or injury; the removal of trimmings, rubbish, debris and other solid
waste. Maintenance also means the furnishing of water for the irrigation of the
landscaping, the installation. of planting or landscaping, or the installation or
construction of supplemental facilities including any facilities which are necessary or
convenient for the maintenance of eligible facilities.
~-...
\
SECTION 6. It is hereby further proposed that, except where funds are otherwise available,
a special tax sufficient to pay for such services and related incidental expenses authorized by
the Community Facilities District Law, secured by recordation of a continuing lien against all
non-exempt real property in the District, will be levied annually within the boundaries of such
District. For further particulars as to the rate and method of apportionment of the proposed
special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth
in sufficient detail the method of apportionment to allow each landowner or resident within
the proposed District to clearly estimate the maximum amount that such person will have to
pay for such services.
The special taxes herein authorized, to the extent possible, shall be collected in the
same manner as ad valorem property taxes and shall be subject to the same penalties.
procedure. sale and lien priority in any case of delinquency as applicable for ad valorem taxes.
Any special taxes that may not be collected on the County tax roll shall be collected through
a direct billing procedure by the Treasurer.
!S:-~ -S~
50
Resolution 19063
Page 3
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON THE 28TH DAY OF JULY, 1998 , AT THE HOUR OF
SIX O'CLOCK P.M.. IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE
COUNCIL CHAMBERS, 276 FORTH. AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC
HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE
ESTABLISHMENT OF THE PROPDSED COMMUNITY FACILITIES DISTRICT, THE PROPOSED
METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET
FORTH INTHIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND
PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND
PROPERTY OWNERS MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL
INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE
EXTENT OF THE DISTRICT, OR THE FURNISHING OF THE SERVICES"WILL BE HEARD AND
CONSIDERED.-ANYPR01:ESTS MAY BE MADE ORALLY OR INWRITING. HOWEVER, ANY
PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF. THE PROCEEDINGS
SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO
WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH
THE CITY CLERK OF THE CITY COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC
HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE
THE CONCLUSION OF THE PUBLIC HEARING.
,--.
f ~
IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS
FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS
LIMITED TO CERTAIN SERVICES OR PORTIONS OF THE SPECIAL TAX, THOSE SERVICES
OR THAT TAX SHALL BE ELIMINATED BY THE CITY COUNCIL.
ELECTION
SECTION 8. If, following the public hearing described in the Section above, the City Council
determines to establish the District and proposes to levy a special tax within the District, the
City Council shall then submit the levy of the special taxes to the qualified electors of the
District. If at least twelve (12) persons, who need not necessarily be the same twelve (12)
persons, have been registered to vote within the District for each of the ninety (90) days
preceding the close of the public hearing, the vote shall be by registered voters of the District,
with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the
District who were the owners of record at the close of the subject hearing, with each
landowners or the authorized representative thereof, having one (1) vote for each acre or
portion of an acre of land owned within the District.
A successful election relating to the special tax authorization shall. as applicable,
establish and/or change the appropriations limit as authorized by Article XIIIB of the California
Constitution as it is applicable to this District.
NOTICE
SECTION 9. Notice of the time and place of the public hearing shall be given bv t:le City Clerk
in the following manner:
A.
Notice of Public Hearing shall be published in the legally designated :lewspaper
of general circulation. such publication pursuant to Section 6061 of the
15e-~s-7
,e.
I'::;J
Resolution 19063
Page 4
Government Code. with such publication to be completed at least seven (7)
days prior to the date set for the public hearing.
B. A Notice of Public Hearing shall be mailed. postage prepaid. to each property
owner within the boundaries of the proposed District; such mailing to the
property owners shall be to the address as shown on the last equalized
assessment roll. Such mailing shall be completed at least fifteen (15) days prior
to the date set for the public hearing.
Presented by Approved as to form by
~ It;..:q-
JOhfcp, Lippitt .. I
Pub IC Works Director
~\
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~
/
f'
Resolution 19063
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June, 1998, by the following vote:
AYES:
Councilmembers:
Moot. Padilla, Rindone, Salas and Horton
NA YES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABST AIN:
Councilmembers:
None
JhAh;t_/~
Shirley rton, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19063 was duly passed, approved, and adoPted by the City Council
at a regular meeting of the Chula Vista City Council held on the 23rd day of June, 1998.
Executed this 23rd day of June, 1998.
v
rBeVerlY A. Authelet,
! S-e ~<::;~
- This Page\{lZank -
\
\
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/_)C- ~bO ~
EXHIBIT 7
RESOLUTION NO.1 :::064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CAliFORNIA. ORDERING AND DIRECTING THE
PREPARATION OF A "REPORT" FOR PROPOSED COMMUNITY
FACiliTIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 ISUNBOW II])
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CAliFORNIA (the "City
Council"), has declared its intention to initiate proceedings to create a Community Facilities
District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and
7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilitles"'District sn'allkimiinafter be designated as COMMUNITY FACiliTIES
DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])
(hereinafter referred to as the "District"); and
WHEREAS, the City Council directs, purSuant to the provisions of Section 53321.5 of
the Government Code of the State of California. the preparation of a "Report"to provide more
detailed information relating to the proposed District, the proposed services. and estimate of
the cost of providing such services. .'
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or cause
the preparation of a "Report" to be presented to this City Council, generally setting forth and
containing the following:
SERVICES: A full and complete description of the public services proposed to be
financed.
COST ESTIMATE: A general cost estimate setting forth costs of providing such
services.
SPECIAL TAX: Further particulars and documentation regarding implementation.
definitions and all other matters necessary to clearly set forth the rate, method and
apportionment for the authorized special tax.
SECTION 3. Such "Report". upon its preparation. shall be submitted to this City Council for
review, and such "Report" shall be made a part of the record of the public hearing on the
Resolution of Intention to establish such District.
Presented by
Apprc'ved as to form by
~/-i - ;
Jo P. Lippitt ~
Public Works Director
~
JO~~~
City ~:t7!/c__ ~6 7/<S~-0(
Resolution 19064
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June, 1998, by the following vote:
AYES:
Councilmembers:
NAYES:
Council members:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
ATTEST:
tBeverlY A. Authelet, Cit
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Moot, Padilla, Rindone, Salas and Horton
None
None
None
Jh~h~~
Shirley Her. on, Mayor
-~\
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19064 was duly passed, approved, and adoPted by the City Council
at a regular meeting of the Chula Vista City Council held on the 23rd day of June, 1998.
Executed this 23rd day of June, 1998.
! 5(2 -b2-
r Beverly A. Authelet, Cit
5[:
COUNCIL AGENDA STATEMENT
Item~_" Ii
Meeting Date 8/4/98
ITEM TITLE:
Public Hearing - To Consider Granting a Waste Management
Franchise Renewal through September 4, 2002 to Pacific Waste
Services
SUBMITTED BY:
Ordinance)1ft? - Amending Chapters 8.23, 8.24 and 8.25
of the Chula Vista Municipal Code to move the Solid Waste and
Recycling Franchise Terms and Conditions out of the Municipal
Code into a Separate Franchise Agreement, and Making Other
Technical Changes
.~_ ordinanceJ:1tf! - Granting a Waste Management Franchise
Renewal to Pacific Waste Services through September 4, 2002 in
accordance with the Terms and Conditions of the Franchise
Agreement, and Authorizing the Mayor to Execute Same
Resolution lfIlJI Adopting the Schedule of Maximum Rates for
Solid Waste, Recycling, and Green Waste Collection and Disposal
or Processing Services as Submitted by the City's Solid Waste
Franchise Agent (Pacific Waste Services) Effective September 1,
1998
Gfr 1 oeV
Deputy City Manager rb w ~
Conservation Coordinator ~
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_Noll)
INTRODUCTION:
In June,1997 the City Council conditionally approved the assignment of the solid
waste franchise from Laidlaw to Allied (following Allied's purchase of Laidlaw in
December,1996). Staff and Laidlaw were directed by Council to discuss various
financial, service and operational issues prior to consideration of any franchise
extension. Council only authorized extension of the Franchise on a month to month
basis (from the renewal date of September 4, 1997) pending this item being brought
back for consideration.
'itA -I
The Council also requested information on Laidlaw's rate of return on their Chula Vista
operation. Attachment I is a memo from the Director of Finance summarizing the
review process completed, and the conclusion that Laidlaw has earned a rate of return
that appears reasonable as compared to industry averages.
RECOMMENDATION: Approve the Ordinance granting a franchise renewal for solid
waste collection, processing and disposal services. It is also recommended that
Council approve the Resolution establishing a rate schedule for services provided under
the agreement to be effective September 1, 1998 which: 1) includes a freeze on
current rates through June 30, 1999,2) Provides a reduction in rates for commercial
fiber recycling, and multi-family recycling for dwellings of 9 units and under, and 3)
Establishes fixed rates for industrial "roll-off", compactor and optional services. Staff
further requests that Council approve the Ordinance amending Chapter 8.23, 8.24 and
8.25 of the Chula Vista Municipal Code to move the franchise provisions out of the
Code and into a franchise agreement, and to make other technical and conforming
changes.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
BACKGROUND:
The current Waste Management Franchise with Allied has a term of five (5) years from
September 4, 1987, with two five (5) year renewal options if the Grantee is not in
breach of the ordinance and has performed in a manner found satisfactory to the City.
The first extension was approved in 1992. Prior to the expiration of the first
extension, staff determined that satisfactory performance could be maintained if
certain conditions and performance standards could be worked out via negotiations
with the franchisee.
In August, 1997, Council approved the month-to-month extension of the Franchise
until negotiations could be concluded. In September, 1997, staff had a number of
negotiating sessions with Pacific Waste Services (PWS, the collection division of
Allied, formerly Laidlaw). In October, 1997, PWS submitted historic information
regarding the rate of return issue, responded to a number of staff questions, and
indicated that they had engaged Arthur Anderson, LLP to perform the necessary audit
work to complete the work requested by the City. In November, 1997, the audit work
was completed (Attachment I). On December 8, 1997, staff submitted a
comprehensive proposal to PWS covering a number of areas. By March 1, 1998,
negotiations between staff and PWS were substantially concluded as to the business
terms of the Franchise extension. Since that time, a number of operational issues and
details have been negotiated, and the City Attorney's Office has been crafting new
revised Franchise language which will implement the terms as well as clean up
"R-"
antiquated language and provisions of the current Franchise ordinance. On July 14.
1998. Council approved a Resolution of Intention and set this public hearing date.
DISCUSSION:
The proposal submitted by staff attempts to address the primary concerns expressed
by Council and Chula Vista residents regarding solid waste services (Attachment II).
The recommended adjustments focus on improving the quality of service. expanding
service options and stabilizing rates for residents and businesses for the duration of
the current agreement. The following discussion outlines how those goals would be
achieved under the proposed agreement.
Obiectives
The proposal accomplishes the following objectives:
1 . Incorporates what staff envisions as appropriate service levels and
performance to address past inadequate performance issues by PWS.
2. . Establishes a format for communication that will eliminate future
ambiguity. while offering PWS financial incentives to provide quality
service at a reasonable cost.
3. Establishes measurable standards that will assure that the level and
quality of service is sustained for the remaining term of the franchise
agreement.
4. Revises Chapter 8.23. 8.24 and 8.25 to remove specific terms and
conditions of the City's franchise from various places within the Chula
Vista Municipal Code. and places them altogether in a formal Franchise
Agreement. Other technical and conforming changes have also been
made which are not substantive.
ScoDe of ProDosal
The staff proposal covered four areas: financial. programs and operations.
enforcement issues. and strict compliance with the existing franchise ordinance.
A. Financial Points
The major financial points agreed to include the following:
J~R-3
1 . Freezing Residential and Commercial/Industrial rates at their current level
until July, 1999. (See Franchise Agreement Exhibit E for a list of
Maximum Service Rates. - Note: Chula Vista rates will not be affected
by any rate increases imposed by Allied/Pacific Waste Services at the
Otay Landfill).
2. Beginning in July, 1999, PWS would be entitled to automatically increase
rates for the remainder of the franchise term only at a level equal to 50%
of the yearly Consumer Price Index increase for San Diego.
3. Chula Vista would have a "most favored nation's" clause; that is, our
ratepayers would be guaranteed the lowest rates that Allied/PWS or any
of their partners or affiliates might offer for any new franchise entered
into with any city in San Diego County for the remaining term of our
franchise.
4. City crews and city contractors (with written city approval) on City
business shall not be charged tipping fees for mixed waste at the Otay
Landfill.
5. Recycling and revenue sharing incentives are offered PWS in partnership
with the city based on increases in landfill tonnage diverted. A sliding
scale has been developed with PWS that allows them to recapture
additional revenue as they are able to make recycling more successful.
This will move Chula Vista closer to meeting the AB939 mandate of 50%
recycling by the year 2000 without the need for rate increases to
businesses or residents.
The automatic CPI provision represents a change from the Council's historical practice
of considering annual rate increases under the current "Rate Modification Procedure."
Staff proposes this change in response to Council's past direction to stabilize rates.
In the proposed agreement Pacific has given up the opportunity to request rate
increases from July of 1996 through June of 1999 and limited their right to future
increases to 50% of local CPI. Pacific has also provided Council with a comprehensive
list of all miscellaneous services which shall not be subject to CPI increases. That
component of the proposed agreement has the effect of stabilizing rates for Chula
Vista customers and will insulate them from rate increases due to landfill and other
operational considerations in the future.
B. Program and Operational Adjustments
). FI-&t
The operational and service improvements include some 35 individual negotiated items.
These involve various performance items such as collecting all non-hazardous waste
and recycling set at the curb on the first pass, checking in with the City by 3:30 p.m.
and resolving all collection issues as soon as possible but no later than 6 p.m. the next
business day. Other provision examples include color coding all trash, recycling and
green waste containers within certain time frames, removing all graffiti from equipment
within 60 days of this agreement and within two weeks thereafter, and adding
Christmas tree recycling and bulky pick-up tc, multi-family complexes at no charge.
Businesses are also getting reduced cardboard rates and free rigid container service
(See Attachment III for a complete listing of the operational improvement suggestions).
The agreement also includes a number of meet and confer items within set time
frames including the following: implementing recycling program incentives for single
can users, implementing green waste recycling program incentives for all commercial
waste generators and developing and improving long term markets for local
manufactures of recovered materials.
Finally, there are a number of new and improved public education endeavors to be
undertaken such as annually revising the brochure for new trash customers and
continuing to provide priority for quarterly and other city inserts in billing statements.
C. Enforcement
A number of key points relate to new enforcement mechanisms. If meaningful
performance measures are to be set and implemented, there needs to be a tracking
system of compliance and some consequences for repeated non- compliance. For these
reasons, staff has designated what constitutes acceptable performance and what the
penalties will be if they are not met. A liquidated damages system has been
established with maximum damage penalty amounts from $25-$500 depending upon
the severity of the non-compliance.
Another enforcement/education proposal is for PWS to fund two part time recycling
ranger positions to assist in compliance issues as well as to help respond to problems
and work on public education. The cost to PWS is $44,000 per year.
D. Strict Compliance With Existing Ordinances
Staff has re-emphasized a number of franchise issues. One item is the age of the fleet
vehicles. The requirement agreed to is that the average age of all the regularly assigned
collection vehicles shall not be more than four (4) years old. A second item is that
PWS complete all routes by 6 p.m. each day. See Attachment II for a complete listing
of the strict compliance issues.
Il,R--S
CONCLUSION:
Staff feels that Pacific is committed to and capable of performing its obligation under
the proposed Franchise renewal agreement. If they fail to perform, the agreement
sets, forth a broad range of appropriate remedies. While Pacific has had some
performance problems in the past staff feels that in light of Pacific's commitment to
the new Franchise terms, such problems do not comprise a reason to deny Pacific's
requested five year renewal. Accordingly, staff recommends approval of the Franchise
renewal.
FISCAl. IMPACT:
There will be no net impact to the General Fund as a result of Council's approval of
staff's recommendation. The proposal will stabilize rates for City residents and
businesses and protect them against any future tipping fee increases at the landfill.
The proposal, however, does allow, beginning in July 1999, for a 50% pass-through
of the annual CPI increase. As an example, if the annual CPI increase was 2.7%, the
average rates would increase as follows in the first year: residential, $13.20 to
$13.36 and commercial, $76.79 to $77.73. Residents are also protected against
other jurisdictions being offered lower landfill rates in the future.
In addition, savings may accrue to the City based upon revenue sharing incentives for
recycling and avoided disposal costs by virtue of City crews no longer having to pay
tip fees for disposal of mixed waste at the Otay Landfill.
Finally, the program adjustments will help control recycling costs, help the City meet
state recycling mandates, and help better fund recycling public education, technical
assistance and enforcement programs.
h:\home\admin\gk\pwsnegot. wp
,~n-~
"
ATTACHMENT r
INTERDEPARTMENT}~ CORRESPONDENCE
D}.TE:
January 19, 1998
TO:
George Krempl, Deputy City Manager i/
Robert W. Powell, Director of FinanceC'l
Laidlaw (Pacific) Franchise Rate of Return
FROM:
SUBJECT:
For several years now the Council has requested from Laidlaw
information regarding the rate of return earned on their franchise
operations in the City of Chula Vista. Laidlaw has responded in
several different fashions with information found unacceptable for
various reasons, initially due to their assertion of
confidentiality and more recently due to their inability or
unwillingness to clearly separate out the Chula Vista operations
from their other operations in this region.
Staff and Laidlaw recently arrived at a mutually acceptable process
for providing a reasonable response to the longstanding Council
recruest. Laidlaw contracted with an independent C.P.A. firm to
audit the assets, revenues, and expenditures related to the Chula
Vista franchise contract for their 1995 and 1996 fiscal years, and
to verify the mathematical accuracy of the. calculation of the
return on assets ratio based on that audited data for those same
years. The "Agreed Upon Procedures Report," as it is referred to
by the accounting firm of Arthur Anderson, LLP, shows that
Laidlaw's return on assets for the Chula Vista franchise was 7.7%
for fiscal year 1995 and 10.1% for fiscal year 1996.
As a further step, staff obtained industry data from the firm of
Hilton, Farnkopf & Hobson, LLC, which reflected that the industry
means for those same years were 8.5% and 6.6% respectively. As
additional information, the lowest performing 25% of the companies
surveyed showed a return on assets of 2.3% in fiscal year 1995 and
1.7% in fiscal year 1996, while the highest performing 25% of the
companies surveyed showed a return on assets of 18.6% and 14.7%
respectively for fiscal years 1995 and 1996.
Based on the information obtained, it can be concluded that Laidlaw
earned a return slightly less than the industry average in 1995,
but earned a return somewhat more than the average, but still less
than the highest performing 25% of the companies in their industry
for 1996. Therefore, it appears that Laidlaw is not earning an
unreasonable return on their Chula Vista franchise.
c: Michael Meacham
, 1J-7
ARTHUR
i\NDERSEN
.':'..:thur .lrnd~r5'2n LL?
Suite ]000
One Renaissance Square
Two !\jaM Centra]
Phoenix.AZ 85004
6C12 257 9234
INDEPENDENT PUBLIC ACCOUN1ANTS' REPORT
ON APPLYING AGREED-UPON PROCEDURES
To Allied I^,' aste lndustries, lne. and the
Management of the City of OIula Vista:
We have been requested to verify the mathematical ac=acy of certain computations relating to
the O1ula Vista Contracts of the O1ula Vista Division of Allied Waste Industries, Ine.
e Allied"). Accordingly, we have been provided with a letter dated October 23, 1997, from
lillied defining the term "return on assets", pursuant to which our verification of the
calculations of return on assets for fiscal 1995 and 1996 are to be made.
Total contract assets and contract revenues less expenses were obtained from the "01ula Vista
Contracts of the OIula Vista Division of Allied Waste Industries, Inc. Financial Summaries as of
August 31, 1995 and 1996, Together With Report of Independent Public Accountants", which
have been audited by Arthur Andersen LLP. In addition, unaudited total contract assets were
obtained for the OIula Vista Contracts of the Chula Vista Division of Allied Waste Industries,
Inc. from iillied as of August 31, 1994.
We have performed the procedures enumerated below, which were agreed to by the
management of Allied Waste Industries, Inc. and the Management of the City of O1ula Vista,
solely to as~.st you with respect to verifying the mathematical ac=acy of the above mentioned
computation. This engagement to apply agreed-upon procedures was performed in accordance
with standards established by the American Institute of Certified Public Accountants. The
sufficiency of the procedures is solely the responsibility of the specified users of the report.
Consequently, we make no representation regarding the sufficiency of the procedures
described below either for the purpose for which this report has been requested or for any other
purpose.
We recomputed the computations of the return on assets (as defined by Allied) for the
Chula Vista Contracts for the years ended August 31, 1995 and 1996, by dividing the
contract revenues less pretax expenses by the average contract asset balances for the
respective years, the results of which are as set for-ll in Exhibit A a.Tld found them to be
mathematically correct.
Jl,~- r-
-1-
1-1 perfOrming the above calculations, we have relied sol~l}' on the data set forth in the second
paragraph of this letter. .
We were not engaged to perfonn an audit of the "return on assets" calculation, the objective of
which would be the expression of an opinion on Chula Vista Division's specified elements,
accounts, or iteJ1"'.5 thereof. Accordingly, we do not express such an opinion. Had we been
engaged to perfonn additional procedures, other matters might have Come to our attention that
would have been reported to you.
"This letter is solely for the information of, and assistance to, the above-named addressees in
connection v.'ith the analysis of the franchise agreement between the City of Chula Vista and
Allied Waste Industries, Inc., and, without our prior consent, is not to be used, circulated,
quoted or otherwise referred to ~thin or without this group for any other purpose.
Furthermore, this letter should not be used by those who have not agreed to the procedures and
taken responsibility for the sufficiency of those procedures for their purposes.
C2~ A--Lf
P'nty>...nix, Arizona,
October 27, 1997.
'''~-1
EXHIBIT A
_ CHULA VISTA CONTRACfS
CHULA VISTA DIVISION OF ALLIED WASTE INDUSTRIES, INe.
SCHEDULE OF RETURN ON ASSETS
FOR THE YEARS ENDED AUGUST 31, 1995 AND 1996
1995 1996
RETURN ON ASSETS
("Contract revenues less pretax expenses" / average contract assets)
7-7%
10.1%
)t,A-1O
~ HILTO:<. 'J'APSKOPF & HOBSOS. LLC
~ Adn"x-. ~j'.'I::e..~W
=,,--.5'" Mum::l;::'ill Manag~m~m
~
:::'1 Walnul ,lw~:...:.. Suilr 2B~
~:mont, Califomi2 9453&-23J4
,,;<)>hon.,5IOm3-3liD
"= 5IOn13.3l94
~~:hfh-consultan!5...c.om
Fremom
!~e\1,'Pon &-...a::h
Sf:l::ram~to
November 7, 1997
lVlI. Robert Powell
Di-"ector of Finance
City of Chula Vista
276 Fourth .:"ve.
Omla Vista, CA 91910
RE: SOUD WASTE RETURN ON ASSETS
Dear Mr. Powell:
In accordance wit.~ our engagement letter, Hilton Famkopf & Hobson, LLC is
pleased to present this h-uormation regarding the solid waste industry's rer.rrn on
?.5sets over t,'1e past five years
BACKGROUN::>
In November 1995, the City engaged HF&H to develop financial benchmarks to
assist the City in the review of Laidlaw Waste Systems Inc. financial results of
operations. HF&H established two primary and three secondary indicators to use
for t.'1is p1lJ.yose. These included:
1. Expe..'1Se Ratio
") Rehlm on Assets
3. Operating Ratio
4. Sales on Assets
:J. Debt/War-ill
Tne City is currently involved in a more limited review and would like an
i.l"ldependent report of the most recent readily available data regarding the Rev.:rn
on Assets.
Fl~nTI\iGS
Based on our research, we found the following Return on ..<\ssets (% Profit Before
Taxes/Total ..<\ssets) :reported for refuse companies wit.l1 assets comparable to
Laidlaw's assets employed in Chula Vista and for the bdush}'.
'.Il.. , (
.
_~~ H1LTO:-: FhR"iKOPF &. HOESO". LLC
~
lVlI. Robert Powell
November 7, 1997
Page 2
REFUSE COMPANIES
RETURN ON ASSETS
1992 -1996
u_ ----
$2 -$10 Iud ustry
-
Quartile Quartile
Year Uooer I Mean Lower UllD'"..f Mean I Low","
1996 10.7 5.2 1.0 14.7 6.6 I 1.7
1995 ]8.6 10.8 3.7 18.6 I 8.5 J ? -
_.~
1994 14.7 I 8.5 3.6 17.0 8.4 J 2.8
1993 13.7 I 7.0 2.6 ]4.] I 6.] I 0.9
1992 11.9 I 5.9 1.8 13.2 I 6.7 1 1.8
AVC1"2.2'e 13.9 I 7.5 I 2.5 ]5.5 I 7.3 . I 1.9
P.3 can be se~'1 ITom the proceeding table, there are sigrlli.tjcant differences in the
Return on _A.3sets based on size of company (versus -G'1e industry generally), ITom
the lowest performing 25% to the highest performing 25%, and ITom year to year.
B.ased on the available information, we calculated averages of the past five years
results for each of the categories which may be of more use to you.
APPROACH A.."'"D LIMITATIONS
We obtained information regarding the solid waste industry's Return on Assets
ITom the Robert Morris Associates, Annual Statement Studies, Services-Refuse
Systems (1993-1997). Relying upon this information we documented by quartile the
Rehlrn on i\ssets for companies with $2 - 510 million L'1 _A.ssets and for all
companies reporti..,.,g, regardless of size. Also, we calculated average returns by
quartile. We prepared this brief letter report describing industry results as measure
by Return on :\ssets over the past five years. We remain available to respond to
any questions City or Laidlaw staff may have but it is not anticipated that we will
eit..'1er meet v-'ith Laidlaw or City staff or attend a meelli,g of the City Council.
, "f).. I~'
-
~..~ HILTO:C ,APSI:OPF & HOBSO:C. LLC
~
!vIr. Robert Powell
November 7, 1997
Pag~ 3
BF&H appreciates the opportunity to again be of service to the City. Should you
have any questions please call me at 510/713-3272.
Very truly yours,
Hilton Farnkopf & Hobson, LLC
/ . I
\ ~ .' ," "'~.- ..: "':....
7. /."./ /' -. .L / '/~ ,/ " ""'?-" .... I
/"-!,.'---'--';../' ~ ..:..--_.~. -"- -
; r /
j
Robert D. Hilton, CMC
President
cc Dan Higgi...1LS, Market Area Controller, Laidlaw Waste Systems, Inc.
I IIfA-J3
Proposed Business Points
Item Item Description
A) FINANCIAL:
p Current Maximum Rates Charged to Small Generators (Residential) and Large
Generators (Commercial/Industrial) Shall be Frozen until June 30,1999. Beginning July
1,1999, Maximum Rates Shall Automatically Increase Each Year by a Percentage Equal
to 50% of the Most Recently Published Twelve Month CPI (All Urban Consumers, San
Diego). Pacific, Allied May Appeal to Council for Adjustments for Extraordinary
Circumstances Beyond Their Control, which the City Will Consider at its Discretion.
2 If During the Term of This Agreement AlliedlPacific, Offers, Residential, Commercial
or Industrial (Roll-Off/Compactor) Service Rates in Any Future Allied/Pacific Franchise,
in the Commercial Component of Any Current Franchise or in Conjunction with Any
Partner or Affiliate Franchise in San Diego County, That Are Lower Than The City's,
The Corresponding City Rate(s) Shall Be Lowered To That Amount. (Any Comparison
Shall Be Made On the Rates Charged Excluding All City Imposed Fees.)
32 AlliedlPacific Shall Retain All Net Commodity Scrap Tonnage Revenue Generated,
Based on Six Month Average Recycling Revenue, Up to $60 per Ton, Regardless of
Tonnage Diverted. Above $60 Per Ton, For Commodities Generating Revenue,
Revenues Shall be Shared With the City 60/40 Unless the Tonnage Diverted Exceeds
Certain Thresholds. Incremental Revenue Increases Shall be Distributed as Follows: If
Greater Than 25,000 Annual Tons Are Diverted, City Share of the Incremental Increase
in Revenues will Decrease to 55%. If Greater than 35,000 Annual Tons are Diverted,
City's Share ofIncremental Revenues Will Decrease to 45%. Split will be 35/65 Above
45,000 Tons and 30/70 Above 55,000 Tons. Pacific retains all revenue up to $60 per ton.
4 City Crews and City Contractors (With Written City Approval) on City Business ShalF
Not Be Charged Tipping Fees For Mixed Waste At The Otay/Allied Landfill.
5 AlliedlPacific Will Re-designate the City of Chula Vista as "State Curbside Operator"
With the Department of Conservation, Division of Recycling, for the Purposes of All
California Redemption Value (CRV) Materials Collected in Chula Vista by Allied
Within 30 Days And Deliver Annual CRV Bonus Payments (Pursuant to PRC 14549.6
(a)), and All Revenue from New Advanced Disposal Fees or Incentive Fees Developed
in the Future, Excluding Only the Current 2.5 Cents Per 24 Ounce and Under and 5
Cents per 32 Ounce and Over Carbonated Non-Juice Beverage Containers Listed as
CRV. (Funds Accrued to the City Shall be Used to Support Recycling Public Education,
Printing, Promotion and Incentive Programs).
ATTACHMENT III
City of Chula Vista/ Pacific Waste Services Business Points Summary
Residential yard waste rates currently include clean yard waste tonnage delivered to ORW by City crews and sub-contractors. City
Crews or their sub-contractors shall continue to be allowed to take clean greens to ORW at no additional charge to the City.
2
"Net" revenue is defined as the market value Pacific/Allied receives for commodities less sub-contractor costs for processing.
/ 'itA-Pi
Page 1
6 Industrial/Roll-Off and All Other Maximum Current Service Rates or Charges That Have
Not Been Approved by Council Shall Be Submitted for Approval Immediately.
7 Upon Approval, All Miscellaneous Residential, Commercial and Industrial Rates or
Charges Shall be Fixed for Remaining Franchise Term (Residential, Commercial and
Industrial Refuse Collection Rates Including Roll-Off/Compactor Rates are not
Considered Miscellaneous and Are Subject to CPI Adjustment as Outlined in Item 1.)
B) PROGRAM & OPERATIONAL ADJUSTMENTS:
General Management
I Maintain Local Operational Manager, Office and Fleet Service Yard in Chula Vista
2 Collect All Non-Hazardous Waste & Recyclables Set at the Curb on First Pass
3 Check in With City by Fax or Telephone at 3:30 p.m. To Resolve All Collection Issues
ASAP But No Later Than 6 p.m. Next Business Day.
4 No Limit on Non-Hazardous Bulky Pick-Up (Threshold to be Established by City with
Optional Charge Above Threshold).
5 Provide Standard Litter Bin, Cover & Signage Approved by City, at Requested
Locations Within 96 Hours, Route and Collect Litter Containers on a Weekly Basis or
Bi- Weekly Basis with Commercial or Residential Waste.
6 Place Due Date on All Invoices in a Location that Reduces Confusion For Rate Payers
(Make Good Faith Effort to Place it Near Amount Due & Use Local Mail House).
Record & Reoorting Issues
I Submit Completed Monthly Reports to City Conservation Coordinator on or Before
22nd of Each Month for Previous Month.
2 Submit Complete Annual Report to City by February 16, for Prior Calendar Year.
3 Add List of All Business Accounts by Service, Type, Volume & Service Frequency to
Quarterly & Annual Reports and Meet & Confer to Adopt Report Formats and Establish
Content Within 90 Days of Agreement.
Equioment Vehicle Issues:
I Meet & Confer Prior to Vehicle Purchase, Change in Color, Signage or Collection.
2 Future Container, Color, City Logo, Logo Sizes, Text & Design to Be Approved by City.
3 Color Code All Trash Recycling and Yard Waste Containers ASAP But No Later than 3
Years, (Trash -Blue, Yard Waste -Green, Recycling-PMS-208/Commercial-White)
4 At City's Discretion, At the End of the Agreement Allied/Pacific Shall Relinquish
Ownership ofChula Vista Refuse, Yard Waste, Recycling and Litter, Carts, Bins and or
Containers Excluding Metal Containers of One Yard Capacity or Greater. The City
Shall Pay 20% of Original Wholesale Cost of Operable Containers Relinquished to the
City that are 5 Years or Less in Age If Allied/Pacific is Not Service Provider after
September 4, 2002.
5 Supervisor to Field Inspect All Vehicles Monthly for Litter, Leachate Etc.
/ 11,-15
Page 2
6 Remove Graffiti From All Equipment Within 60 Days Of Agreement And All Future
Graffiti Within Two Weeks.
Residential
1 Tag All Inappropriate Residential Set Outs and Report Tagging by Program and Problem
2 Tag, Collect (as Trash if Necessary) and Report All Inappropriate Yard Waste Set Outs
on First Pass and Report Monthly
3 Establish Protocol & Limits for Improper Set-Out Fines, First Time & Multiple
Offenders
4 Implement Construction Demolition Recommendations
5 Convert Senior Bag Service to Single Can Program with Bi-Monthly Billing within 180
Days of Agreement
6 Meet & Confer to Implement Recycling Program Incentive for Single Can Users Within
180 Days of Agreement
Commercial
1 Add Christmas Tree Recycling to Multi-Family at No Charge
2 Add Bulky Pick-up to Multi-Family at No Charge
3 All Current Multi-Family Complexes Of9 Units Or Less (167 Complexes, 1,113 Units)
Shall Be Converted To Curbside Recycling Rates And Service. All Future Complexes of
9 units or Less Shall Be Established As Curbside Recycling Service.
4 Pacific Will Provide Free Mixed Paper Bins And Service Adequate to Divert Up to 90%
of Fiber Generated at Multi-family Complexes Listed And Will Provide Additional Free
Bins And Service At Multi-Family Locations Where Staff Can Obtain Agreement From
Property Managers, Pacific to Provide List of 125 Complexes Where Program Will Start.
5 The Multi-Family Program Shall Be Subject To A Six Month Cancellation In The Event
Pacific Fails To Achieve The Minimum Performance Standards.
6 Add Billing Confirmation Fax/Hotline for Property Managers/Owners
7 Effective Immediately Upon Council Approval, Current Corrugated Cardboard And
Mixed Paper Service Charges Of$35 Per Month Per Pick Up Shall Be Reduced To $25
Per Monthly Per Pick-Up. The New Rate Applies To Once A Week Collection Of Any 3
to 8 Yard Bin. Pacific Staff Will Handle The Adjustment For Current Customers On A
Case By Case Basis. Pacific Sales And Customer Service Staff, And City Recycling
Staff Will Also Promote The New $25 Rate To New Potential Customers.
8 Provide Free Rigid Container Drop-Off at Current and Future Convenient Zones in City
9 Provide Rigid Container Cart Service for Hospitality and Retail Businesses Under 5,000
Square Feet Selling Beverages at No Charge
10 Provide Rigid Container Bin Service for Hospitality and Retail Businesses of 5,000
Square Feet or Greater Selling Beverages at No Charge .
11 Meet and Confer to Implement a Green Waste Recycling Incentive Program for All
Commercial Green Waste Generators Within 90 Days of Agreement
) (, A -lit;
Page 3
Public Education
1 Pacific Waste Services Will Transition to a Live Customer Service Response During
Business Hours 8 a.m.-6:30 p.m. Within 1. Months. The Average Wait Time Prior To
Reaching the Appropriate Customer Service Representative During Business Hours Will
Not Exceed 90 Seconds For Any Standard Calendar Week.
2 After Business Hours, Customer Service Calls Will Be Taken by Recording and a Good
Faith Effort to Contact the Customer Will be Made by Noon the Next Business Day
3 Provide the City One Week to Review & Approve Public Information Before
Distribution
4 Annually Revise Brochure for New Trash Customers for Each Component; Commercial,
Multi-Family, Industrial (Roll-Off & Compactor) and Residential Trash Service
(Comparable to "Wastelines"), Generate & Distribute to New Customers
5 Continue to Provide Priority for Quarterly and Other City Inserts in Billing Statements
C) ENFORCEMENT:
Enforcement Summary; Attached; List of Penalties for Failure to Meet
Quality/Performance Guidelines:
D) STRICTLY COMPLY WITH EXISTING ORDINANCES
I Initially and Throughout the Remaining Franchise Term, the Average Age of All
Regularly Assigned Collection Vehicles Must Not be More than (4) Years
2 Complete All Routes by 6 p.m. (Emergency Exceptions Limited to Natural Disasters)
3 In Lieu of Current Requirements to Provide Public Education Staffing: for Recvcling and
Waste Programs Pacific Waste Services Will Fund Recycling Ranger and Recycling
Education Staff Persons at a total cost of $44,000 per year City Agrees to Meet and
Confer on Job Description
4 City Reserves the Right to Require Grantee to Collect Additional Fees Such as But Not
Limited to a Household Toxic Fee From Rate Payers, and Deliver Said Fees to City With
Franchise and AB 939 Fees Under the Conditions Established for Those Fees.
5 Pacific/Allied Agrees to Meet and Confer With the City to Direct Recovered Material
Futures to Local Manufacturers Developing or Improving Long Term Markets at a
Comparable or Greater Net Value.
6 Enforcement of the Industrial RolVOffFranchise
7 Enforcement of Current Municipal Code Requiring Participation in the Solid Waste and
franchise Services or a Landfill Receipt.
",11.. n
Page 4
COUNCIL INFORMATION
Item 16A. 8/4/98 Agenda
SUBJECT:
The Honorable Mayor and City Council ~
G \)r
George Krempl, Deputy City Manager ,<
Michael Meacham, Conservation Coordinator ~
Public Comment Regarding the Industrial "Roll-off" Component of the Existing
Franchise Agreement
TO:
FROM:
In a companion item on the Agenda for August 4, 1998 Council will consider whether or not to
grant the final extension to the existing solid waste, recycling and compo sting franchise
agreement. This information memorandum is intended to brief Council regarding the attached
letters from the public (Attachment A 1-6). The letters address the industrial or "roll-off box"
component of the existing franchise agreement and its treatment under the recommended
extension.
The existing solid waste agreement dates back to September 1987 and states that, .. "The Grantee
shall have the sole right to pick up, gather, and remove refuse generated by residential, and
commercial, or industrial property within the City. . ." The franchise does provide for two
specific exceptions: 1) special districts (primarily schools), and 2) individuals that haul their own
waste and are able to provide weekly landfill receipts as proof that the material has been properly
and legally disposed. Subject to those exceptions the City has an existing agreement with
Pacific Waste Service which requires the City to "protect the grantees rights to such exclusive
contract by proper ordinances and by reasonable enforcement thereof."
One ofthe letters received by the City is from an independent private waste hauler (Debris Box)
and the remaining letters are from his current or potential customers. The following is a list of
issues addressed in the letters and Staffs corresponding responses:
1. Who set "aoorooriate service levels." and was industrv inout solicited or received?
The City Conservation Coordinator solicited and received input from the waste industry
by calling the major haulers in a variety of jurisdictions throughout the County.
Independent haulers input was also solicited and received. Staff verified the service and
pricing information by contacting the host jurisdiction. Subsequently staff established
preferred service levels and requested that Pacific provide a corresponding rate structure.
1 /611- ~
2. Does the rate freeze and subsequent rates reflect the reduction in landfill tipping fees
from $38 to $30?
Yes, Residential, commercial and roll-off rates reflect the $30 per ton price proposed by
Pacific.
3. What is the benefit of the "most favored nation's clause" ifit excludes Imperial Beach
and local cities which do not gO out for competitive bids?
The most favored nation clause assures that during the term of the agreement Chula Vista
rate payers will receive any lower rates that may be negotiated by Pacific in any other
jurisdiction in San Diego County. Should cities in San Diego go out to bid, and Pacific be
awarded the service contract, Chula Vista rate payers will benefit from any rates that are
lower than their current rates. Staff did not seek to alter current rates in the middle of the
franchise agreement. Negotiations with Pacific addressed the criteria established for
considering the granting of a franchise renewal. That criteria focuses on performance
and quality of service issues. By including Imperial Beach's current commercial rates we
would require an immediate change in rates and exceed the scope and intent of addressing
current operational performance issues.
4. Where are the construction and demolition recommendations? The construction and
demolition recommendations are attached to the proposed franchise agreement as Exhibit
A. These recommendations address the collection of incidental construction and
demolition debris from single family homes which are not the focus of Debris Box's or
the "roll-off' industry's concern.
5. Clarify if the assets. revenues and expenditures related to the Chula Vista Franchise have
been audited?
The City Finance Director has verified that the assets, revenues and expenditures related
to the Chula Vista franchise were audited by the firm of Arthur Anderson resulting in
their report dated October 27, 1997, which is intended solely for the information and use
of the Board of Directors and Management of Allied Industries Inc., and the Management
of the City.
6. What are the "roll-off box " services and rates?
Exhibit E of the franchise agreement contains the rates and service levels for all services
provided by Pacific under the franchise agreement including the rates and service levels
for "roll-off boxes."
7. Construction Companies and propertv owners need to be able to negotiate and schedule
service with the hauler oftheir choice to minimize costs and construction delavs.
The City Council establishes rates as maximum rates. Chula Vista rate payers with high
volume or specific service needs may negotiate for service and price below the maximum
rates. The proposed franchise agreement attempts to insure an improved quality of
2
'''R- If
service by establishing very specific new performance standards and penalties for failure
to meet those standards. The franchise agreement has not historically had that
mechanism to protect quality of service. Additionally, in 1997 the Council established a
limited term franchise agreement that obligates the City to take reasonable measures to
protect the exclusive franchise for, "residential, commercial, and industrial," waste. That
term concludes on September 4, 2002 unless the City terminates for cause, or "the City
finds that Pacific has not performed satisfactorily." Pacific Waste Services has not
voluntarily given up their contractual right to that component of the waste franchise.
The proposed franchise renewal contains a number of performance standards, service benefits
and rate modifications for single family and multi-family residents, property owners and
managers, commercial businesses and roll-off customers. Any delay in approving the proposal
will delay those benefits. The proposal also contains a number of performance adjustments that
are necessary for the City to meet the 50% state mandated diversion goals by January 1,2000.
These programs need to be in place during the 1999 calendar year to have an impact on diversion
measured by the state. The proposal also contains a (60) sixty day transition period for the
industrial component. That period is designed to assist the limited number ofChula Vista
businesses that may be using a non-franchised hauler with the time necessary to make change
without interrupting their business operation. While the City recognizes that a portion of the
industrial business within the City is provided by non-franchised haulers operating within the
City, much if not most of that business is conducted by haulers that have franchises in other
cities. Staffs communication with those companies suggests that they will voluntarily leave
when all-non franchise operators receive the same notice.
CONCLUSION:
Staff recommends that Council accept staffs report and approve the Franchise Agreement as
proposed.
The City Council will have an opportunity to restructure how it franchises or permits industrial
waste collection when it prepares for a new competitive agreement process in 2002. Staff does
not recommend that Council delay the proposal or the benefits it represents to Chula Vista waste
customers. Should Council desire, they could adopt the proposal as recommended and direct
staffto facilitate a meeting with Pacific Waste Services, Debris Box and any additional
independent haulers to consider alternatives to the industrial component of the existing franchise
agreement. However, staff further suggests that any compromise would need to be acceptable to
Pacific and would need to provide the City with the same financial, environmental and liability
provisions provided by the current franchise agreement.
3
II, f1-l/i)
August 4,1998
TO:
Mayor, Councilmembers, & Staff
City of Chula Vista
FROM:
Kris Murphy
RE:
8/4/98 Agenda Item 16A
For the purpose of the record, 1 want to layout both support and concern about the garbage and recycling
policies of the City. While I support the recommendations of the Staff to extend your existing franchise, there
remain issues both of an immediate and future concern, as well as an outstanding issue of fairness.
It is clear that the City Council could, if it so choose, move in any direction whether it be, extension, revision,
termination, etc. of the existing contract. It is even more clear that the City wishes to work with AlliedlPacific
to stabilize pricing and expand services & programs.
In a perfect world, every residential garbage/recycling contract would regularly go out to competitive bid, in
combination with free market, open competition for commercial/industrial services. This is not a perfect world
aad the timing or contractual demands may hinder this idealistic approach.
In the future, as outlined by Mr's Krempl and Meacham memo on this agenda item, "The City Council will
have an opportunity to restructure how it franchises or permits industrial collection (or for that mJltter all
aspects of waste collection and recycling- KM) when it prepares for a new competitive agreement in 2002."
As long as the Chula Vista City Council & Staff are committed to competitive bidding and open competition in
the future, in particular at the end ofthe extended contract, those of us who are working on this issue
countywide, will not actively oppose this extension. (The fact that AlIied/Pacific has a collection contract
with a "major city" like Chula Vista will further the efforts of promoting competitive bidding and open
competition countywide. It also will diminish the fears of some cities that "vertical integration" is to be
avoided like the plague)
The only outstanding issue remains the treatment of those haulers who have "filled the void" over the years by
providing roll offbox services that the "franchisee" failed to provide. The Staff recommendation to spend the
next 60 days looking for some equity is commendable. So far they have worked to bring AlliedlPacific and at
least one City licensed, small, independent hauler together to search for a solution.
/6116~ \
~-
DEB~
ATTACHMENT A-I
~ - B
::
~ ~ (619) 284-9245
j FAX 284-9268
JUL 2 9 1938
10981 San Diego Mission Rd., Ste. 115, San Diego, CA 92108
July 28,1998
Mr. David D. Rowlands, Jr.
City Manager
City ofChula Vista
276 Fourth Ave
Chula Vista, CA 91910
Re: Waste Management Franchise Renewal to the Year 2002
Dear Mr. Rowlands:
The following questions and comments are based on the Draft Agreement and
Attachments to the 7/14/98 Council Agenda Statement.
Questions
1. Obiectives - For industrial and commercial business, who set "appropriate service
levels"? Was industry input solicited or received?
2. Financial Points - Rates are being frozen at cun-ent levels until July 1999. Do current
rates reflect the decrease in published landfill tipping fees from $38/ton to $30/ton?
3. "Most favored nation's" Clause - Is this clause meaningful ifwe exclude the closest
comparable city serviced by Pacific Waste, i.e. Imperial Beach? Also, historically,
cities (not just Chula Vista) do not bid their Waste Collection Franchises. This
probably is not a strong point in favor of the City.
4. Business Points Summary - Residential Point 4, where are the construction
demolition recommendations?
5. Laidlaw <Pacific) Franchise Rate of Return - The second paragraph of Mr. po~n's
1119/98 letter to Mr. Krempl says "Laidlaw contracted with an independent C.P.A.
f111ll to audit the assets, revenues, and expenditures related to the Chula Vista
franchise contract for their 1995 and 1996 fiscal years, and to verify the mathematical
accuracy of the calculation of the return on assets ratio based on that audited data for
those same years." The Independent Public Accountants' Report on Applying
Agreed-Upon Procedures specifically says that the Independent Public Accountants
were not engaged to perform an audit of the "return on assets". It is not clear that the
Independent Public Accountants have audited the assets, revenues, and expenditures
related to the Chula Vista franchise contract for 1995 and 1996. They have verified
the aritlunetic accuracy of the calculation. Would you please clarifY if the assets,
revenues and expenditures related to the Chula Vista Franchise have been audited?
J4 ~ -~ ,
7
--- T
~
DEBRIS
BOX
(619) 284-9245
FAX 284-9268
10581 San Ol.go MlsslDr) Rd., Ste. 115. San Diego, CA 92108
.
""
6. Roll-offbox service and ratl:s - The drdl does not ~.;li-;ete prices or service levels to
be offered to contractors in Chule Vista. Will the Franchise provide for th~ same
service levels t!ylt-cProperty owners Elld contractors expect in a competitive
environment?
CommeDts
Property owners and contractors should be free to negotiate price. service levels and
credit terms with licensed, insured responsible haulers. There is a big difference between
"route" business such as resid~ntial pick-up or commercial bin hauling and the hauling of
temporary construction bins. Construction job sites usually have crews and c;quipment
costing hundreds of dollars 'per hour. Construction companies and property owners need
to be able to negotiate and schedule service with the hauler of their choice to minimize
costs and construction delays. The City ofChule Vista should adopt a non-exclusive
prOgram for licensed, insured responsible haulers similar to the programs offered by San
Diego City and the County of San Diego. A non-exclusive program would not preclude
Pacific Waste from participating in roll-off business. They would be in a position to
compete like in other hauler.
I would welcome the opportunity to rl!~~USS these points with City Staff and elected
officials and work on a progrom to er.:;ure service and cOffiF::t:":: for roll-off trash box
service. .
~lY
President .
cc: Shirley A. HartoJ{, Mayor
JiDA- ~!t
ATTACHMENT A-2
~-
- ..; ~ --~
R.E. STEINHAUER CO.
7630 Miramar Road, #2400
San Diego, CA 92126
Tel: (619) 689-0052
Fax: (619) 689-9263
July 29, 1998
Mr. David D. Rowlands, Jr.
City Manager
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
Re: Waste Management Franchise Renewal to the Year 2002
Dear Mr. Rowlands:
The following questions and comments are based on the Draft
Agreement and Attachments to the 7/14/98 Council Agenda
statement.
Questions
1. Obiectives - For industrial and commercial business, who set
"appropriate service levels"? Was industry input solicited or
received?
2. Financial Points - Rates are being frozen at current levels in
July 1999. Do current rates reflect the decrease in published
landfill tipping fees from $38/ton to $30/ton?
3. "Most favored nation's" Clause - Is this clause meaningful if
we exclude the closest comparable city serviced by Pacific Waste,
i.e. Imperial Beach? Also, historically, cities (not just Chula
Vista) do not bid their Waste Collection Franchises. This
probably is not a strong point in favor of the City.
4. Business Points Summary - Residential Point 4, where are the
construction demolition recommendations?
.5. Laidlaw0'acific) Franchise Rate of Return - The second
paragraph of Mr. Powell's 1/19/98 letter to Mr. Krempl says,
"Laidlaw contracted with an independent C.P.A. firm to audit the
assets, revenues, and expenditures related to the Chula Vista
franchise contract for their 1995 and 1996 fiscal years, and to
verify the mathematical accuracy of the calculation of the return
on assets ratio based on that audited data for those same years."
The Independant Public Accountants' Report on Applying Agreed-
Upon Procedures specifically says that the Independant Public
Accountants were not engaged to perform an audit of the "return
on assets". It is not clear that the Independant Public
Accountants have audited the assets, revenues, and expenditures
related to the Chula Vista franchise contract for 1995 and 1996.
They have verified the arithmetic accuracy of the calculation.
Would you please clarify if the assets, revenues, and
expenditures related to the Chula Vista Franchise have been
audited?
If, R-13
A Complete Service Company, License #623016
6. Roll-off-box service and rates - The draft does not indicate
prices or service levels to be offered to contractors in Chula
Vista. Wi 11 the Franchise provide f or the: same service 1 evel s
that property owners and contactors expect in a competitive
envirnment?
Comments
Property owners and contractors should be free to negotiate
price, service levels, and credit terms with licensed, insured
responsible haulers. There is a big difference between "route"
business such as residential pick-up or commercial bin hauling
and the hauling of temporary construction bins. Construction job
sites usually have crews and equipment costing hundreds of
dollars per hour. Construction companies and property owners need
to be able to negotiate and sheduale service with the hauler of
their choice to minimize costs and construction delays. The City
of Chula Vista should adpot a non-exclusive program for licensed,
insured, responsible haulers similar to the programs offered by
San Diego City and the County of San Diego. A non-exclusive
program would not preclude Pacific Waste from participating in
roll-off business. They would be in a position to compete like
any other hauler.
~-
"
~ .
R.E. ste~nhauer
Jt, 1I-''f
ATTACHMENT A-3
:______~_________ ':CEMENT CUTTING., INC.::=-_=- _________==_
July 29,1998
lill( :::: ~
! COU"CIl OF/CfS
t C~ '~!!,' f~:!. .~~
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71;'
I' ,
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Honorable
Shirley A. Horton, Mayor
City of Chula Vista
Dear Mayor Horton;
I am writing this letter to convey my concern's regarding the city of Chula
Vista's solid waste franchise agreement.
As a demolition contractor, my company does business within the city of
Chula Vista, as well as all other cites in San Diego county. In the city of Chula
Vista we are forced to rent roll off demolition material boxes from a single
source, because your city includes them in the franchise agreement. We need
the freedom to negotiate this service in order to remain competitive and
avoid costly delays. Our crews are expensive, and delays in service costs us
money. We need to be able to negotiate credit terms, and pricing with our
hauler of choice. By including the demolition roll off boxes in your franchise
agreement, you are preventing us and your city from freedom of choice and
free enterprise.
Competition is the American way. There should be competition in the roll-
off box business. Please consider taking it out of the franchise agreement.
Sincerely,
afton
President
Cement Cutting, Inc.
J'"-~
1845 LOGAN AVENUE' SAN DIEGO, CA92113 (619) 231-1735' IN SAN DIEGO COUNTY 1-800-564-1735 '"FAx (619) 238-5725 I
,
.J
ATTACHMENT A-4
#~~.
')fDf re J U W~), .,,"____,
I' 1m '.11.3 0 QIJ,' 8>0 Oleoo, ealnornia 9211l>~~8B
(6191 29&-6:H7 EOE
jl aJIJMi !10m, 0111", Fax (619) 296-7100
Ci'JlU ",!~~ ; "cc",,"lngFax(6'19)29IH'O'
'- ------J EsDmati'V 'ax 16191100-43'14
U"''''' 385166
License ?0382fl
July 30, 199&
t
Mayor Shirley Horton
City of Chula Vista
276 Forth Avenue
Chula Vista, CA 91910
Re; Exclusive Solid Waste Franchise
Dear Mayor Horton,
Through various contacts in the construction 'ndustry it has come to my attention that on Augu.t
4, 1998 the city ofCbula Vista has scheduled the first hearing on an extension of the Solid Waste
Franchise Agreemem with Pacific Waste Systems, I further undel"Stand that the new agreement
would grant exclusive rights to all solid waste hauling, including roll-<lffboxes, to Pacific Waste
Systems,
We have preformed work in cities with franchised waste haulers, the City ofCorouado and the
City of San Marcos to name but two, We have b= compelled by the fIllllchise agreements of
those cities to pay higher than market rates for mediocre service.
The free entetprise system works well becau.e we have within it a free and unparalleled level of
competition, The construction industry works well becaure we maintain and encourage that same
competition from the time of bid through job completion.
The City of Cbula Vista should not dictate to the construction 'nduony what waste bauler we mu.,
use any more than it should dictate to UlI what plumber or electrician or painter we will employ
I ask that you revise the franchise agreement and permit open and fair competitIon within your
city.
Sincerely,
.J!St4-
John B. Gentry
Purchasing Agent
J'R-R(-
'- /to ClE>e!__
L-I; r.>'" 0 ~ "'I;' Ct.'''' .
ATTACHMENT A-5
July 30. 1998
TO:
Michael Meacham, City of Chula Vista
Rick Berlin, Allied I Pacific
Gregg King. Debris Box
FROM:
Kris Murphy
RE
Clarification of My "Suggestions"
In discussion with Gregg this morning. it became clear that what r said about what Rick said, did not get
translated clearly to Michael, which then got back to Rick. Let me clarifY.
In talking to Rick, I suggested that Allied 1 Pacific not request, but more importantJy
"volunteer" to maintain the status quo on nonexclusive rolIoffbox service. He told me
"he was willing to bring it upn at yesterdays meeting. He did not tell me he supported
it, but was willing to discuss it in the conte'll: of tweaking the contract elsewhere IF the
status quo was maintained
After taking to Rick yesterday, I found out that Gregg was at CV City Hall and got to
him via cellular and tilled him in on my conversation with Rick I suggested he talk
to Michael prior to yesterdays meeting so that a solution could be reached prior to the
public hearing on 8/4 before the City Council
I have not talked to Michael. I was hopeful that things could be worked out between
the City and Allied so that the independent haulers would be satisfied.
I think there is a relatively easy WlN- WIN-WIN which if the City and Allied can work
out, will avoid a major public hassle on 8/4,
I) The status quo is maintained, Le. rolloffbox service remains nonexclusive.
2) All nonexclusive rolloffhox haulers pay City Franchise Fees, i.c. the City creates
nonexclusive franchising for rolloffboxcs.
3) Allied 1 Pacific may be granted some ~sion in the revised contract in
consideration of not forcing enforcement of exclusivity on rolloffi:. (consideration
to Allied should reflect, but not exceed, lost potential business jf exclusivity
was enforced)
Everyone can WIN if there is a little bit of compromise!
J~ Yi- D7
07-30-98 11:38am From-MURRAY LAMPERT CONSTRUCTION
+6191859794
T-801 P.01/01 F-811
'- ~-'
MURRAY
LAMPERT
\(.~~TT~G~R~;r irl~ ~,
'I onno \,
l .ll.3\= I
( (l .1 , / I I' I I r ! II
COU~CIl Of~ICp. .
Cl..Jlllt",r, ~-_:
Contractors uc. 11458038
3838 Camino Del Rio N, Suite 104 . San Diego, CA 92108 . (619) 285-9222 . FAX 285-9794 . (BOO) 9Z4-8001
July 30, 1998
Shirley A. Horton, Mayor
City of Chula Vista
276 Fourth Avenue
Chula VISta, California 91910
Dear Mayor Horton:
It has come to my attt:ntion, that on August 4, 1998, the City ofChula Vista is scheduled
to have a hearing on a extension of the Solid Waste Franchise Agreement with Pacific
Waste Systems (formerly Laidlaw). I urge you to exclude "roll-off' boxes from this
agreement
By including "roll-olP' boxes as part of the agreement, you would in 1mn, take away free
entcIprise between contractors, and haulers. As a remodeling contractor, I have
experienced the effect an exclusive bas on the cost of "roll-off' dumpsters in Encinitas,
and Poway. The fees are outrageous, and the end result is, the consumer paying more for
debris removal on construction projects. I am also concerned about the indirect cost of
poor service.
Please do not take away our ability to negotiate our own tenus with the hauler of our
choice, to ensure competitive pricing, and prompt service.
Thank you for your consideration.
Sincerely,
k.:~
Gregg A. Cantor, President
GAC:ww
cc: Gregg King, Debris Box
I
A FAMILY BUSINESS
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8.23.070
8.23.080
8.23.090
Renewal of contract or franchise.
Termination.
Assignment.
Sec. 8.23.010 Contract or franchise authority.
The city council may, pursuant to state law, or in accordance
with Article XII of the Charter of the city, contract or franchise
for solid waste and recyclables collection and disposal.
Sec. 8.23.020 prerequisites to authorization.
A.
Applicants for a contract or franchise
chapter and the Charter of the city must
administration the following information:
pursuant to this
file with the city
1. Name and description of the applicant;
2. Permanent home and business address and full address of
the applicant;
3. Trade and firm name;
4.
If a joint venture or a partnership,
partners, or a corporation, the names
any controlling shareholders, and, in
percentage of participation and
addresses;
the name of all
of the officers,
each case, their
their permanent
5. That the applicant has arranged for the disposal area
where the same may be legally accepted and disposed;
6. The location of the disposal area;
7. Facts showing that the contractor is qualified to render
efficient refuse collection service;
8. That the applicant owns or has under his control in good
mechanical condition, sufficient equipment to conduct the
business of refuse collection adequately and that the
applicant owns or has access to suitable facilities for
maintaining his equipment in a clean and sanitary
condition;
9. That the vehicles and equipment conform to all applicable
provisions of this chapter;
10. Such other facts or information as the city manager or
the city council may require.
B. The city manager shall investigate the information required by
Section 8.23.020 and verify that the contractor or grantee is
2
/(,h- oti.h
capable of complying with the provisions of this chapter, the
terms of the proposed contract or franchise and the rules and
regulations of the city. The city manager shall notify the
city council of his findings prior to approval or denial of
the contract or grant of franchise by the council.
Sec. 8.23.030 Bonding of contractor or grantee.
Before entering into a contract or franchise under the
provisions of this chapter, the council shall require the
contractor or grantee as a condition to the contract or franchise
to post with the city clerk, a cash bond or surety bond in an
amount determined by the council and furnished by a corporate
surety authorized to do business in the state, payable to the city.
The bond shall be conditioned upon the full and faithful
performance by the collector of his obligations under the
applicable provisions of this chapter and shall be kept in full
force and effect by the collector throughout the life of the permit
and all renewals thereof.
Sec. 8.23.040 Written Acceptance.
Any franchise granted hereby shall not become effective until
written acceptance thereof shall have been filed by the grantee
with the city clerk.
Sec. 8.23.050 Publication Costs.
The grantee of a franchise hereunder shall pay to the city a
sum of money sufficient to reimburse it for all publication
expenses incurred by it in connection with the granting thereof;
such payment to be made within thirty (30) days after the city
shall have furnished such grantee with a written statement of such
expense.
Sec. 8.23.060 Contract or Franchise Terms and Conditions.
A contract or franchise may be let on
conditions as may be required or approved by the
accordance with the terms of this chapter and the
such
City
City
terms and
Council in
Charter.
Sec. 8.23.070 Renewal of contract or franchise.
Where a contract or franchise has been entered into between
the city and an operator and the operator has satisfactorily
performed under such contract or franchise, the city council,
without inviting bids or proposals therefor, may, either prior to
or after the expiration of such contract, extend or renew the same
upon the same conditions or such other conditions as the city
council may provide. The city council shall, however, whether
considering a contract or a franchise follow the procedures
3
)' H - JlfJG.-
established by Article XII of the Charter for notice and hearing.
Sec. 8.23.080 Termination.
A contract or franchise may be terminated at the option of the
council in the event there is a change of ownership of any kind or
nature of the operating company, unless approval therefor has been
obtained in writing from the council. If it is determined by the
city manager following an inspection of the contractor's or
grantee's place of business, after reasonable notice to the
contractor or grantee that the operator or manager has not complied
with the provisions of this chapter and all other applicable
statutes, ordinances, rules and regulations of the state and city,
the city manager shall notify the contractor or grantee in writing
of noncompliance and shall order compliance within thirty days. If
noncompliance is not corrected, the council, after a hearing, shall
be empowered to cancel the contract or franchise with the operator,
or take such other action as the council shall determine.
Sec. 8.23.090 Assignment.
No assignment of subcontracting of any contract or franchise
or any right occurring under any contract or franchise shall be
made in while or in part by the contractor or grantee without the
express written consent of the city. In the event of any
assignment, the assignee shall assume the liability and all other
obligations of the contractor grantee.
SECTION II: That Chapter 8.24 of the Chula Vista Municipal
Code is hereby amended to read, in its entirety, as follows:
Sections:
8.24.010
8.24.020
8.24.030
8.24.040
8.24.045
8.24.050
8.24.060
8.24.070
8.24.080
Chapter 8.24
GARBAGE AND LITTER
Purpose and intent.
Definitions.
Accumulation of materials constituting a fire
hazard prohibited.
Refuse-Disposal in public places prohibited.
Garbage and refuse generated off site-Placement in
City trash receptacles-Prohibited.
Refuse-Disposal on private property
prohibited-Exception.
Owner or occupant responsibility to maintain
sanitary premises.
Garbage and refuse-Collection prohibited
when-Burning prohibited.
Garbage and refuse-Receptacles approved for
residential use.
4
)/'IJ-~
8.24.090
8.24.100
8.24.110
8.24.120
8.24.130
8.24.140
8.24.150
8.24.160
8.24.170
8.24.180
8.24.190
8.24.195
8.24.200
8.24.210
8.24.220
8.24.230
8.24.240
Garbage and refuse-Placement in receptacles or
bundles- Restrictions.
Garbage and refuse-Placement of receptacles for
collection- Times.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Payment of collection charges.
Reduced residential refuse collection charges.
Renumbered.
Interference with collection and scavenging
prohibited when.
Littering-By private persons prohibited where.
Littering-By corporations or persons prohibited
where.
Owner or occupant duty to keep sidewalks free of
litter.
Intentionally Omitted.
8.24.010 Purpose and intent.
The purpose of this chapter is to provide standards for and to
regulate the accumulation, preparation, storage, transportation and
disposal of garbage and rubbish in order to protect the health and
safety of Chula Vista citizens by controlling the harboring and
breeding of rodents and insects, reducing the pollution of the air
caused by burning, putrefaction or fermentation of refuse,
preventing the spread of disease, reducing the hazards of fire and
enhancing the values and enjoyment of life.
8.24.020 Definitions.
For the purpose of this chapter, the definitions contained in
Chapter 8.25, Section 8.25.020, shall govern unless the context
otherwise requires or indicates.
8.24.030 Accumulation of materials constituting a fire hazard
prohibited.
It is unlawful for any person to create or allow to be
created, or maintained upon any premises in the city, owned or
controlled by such person any accumulation of materials that are
dangerous as fire menace or hazard.
8.24.040 Refuse-Disposal in public places prohibited.
5
)I,IJ - Rts" E>>-
It is unlawful for any person to place, dump, deposit or throw
any rubbish, bottles, glass, tacks, tin cans, wire, automobile
parts or bodies, old wagons or buggies, or other vehicles, in whole
or in part; citrus fruit, deciduous fruit, vegetables, junk or
other refuse of any kind or character whatsoever upon or along the
right-of-way of any public highway, street, lane, alley or other
public place within the corporate limits of the city.
8.24.045 Garbage and refuse generated off site-Placement in City
trash receptacles-Prohibited.
City trash receptacles are placed in city parks and other
public areas for the use of the public to control trash, litter and
garbage which is generated at the location where the trash
receptacles are; they are not to be used as disposal sites for
trash or rubbish which is generated off site. Therefore, it is
unlawful for any person to place, dump, deposit or throwaway
rubbish, trash, garbage, bottles, glass, tacks, tin cans, wire,
automobile parts, food, junk or other refuse or debris of any kind
or character whatsoever in city trash receptacles if such was
generated at a location other than where the trash receptacle is
located.
8.24.050 Refuse-Disposal on private property prohibi ted-Exception.
It is unlawful for any person to place, dump, deposit or throw
away any rubbish, bottles, tin cans, wire, automobile parts or
bodies, old wagons or buggies, or other vehicles, in whole or in
part; citrus fruit, deciduous fruit, vegetables, junk or other
refuse of any kind or character whatsoever, upon any private
property adjacent or abutting upon any public highway, or public
place, or upon any private property whatsoever, within the
corporation limits of the city unless such person first obtains the
permission of the owner of such property so to do. It is further
unlawful for such person to deposit or place such materials in any
garbage or refuse receptacle owned or used by the owner of such
property unless such person first obtains the permission of the
owner so to do.
8.24.060 Owner or occupant responsibility to maintain sanitary
premises.
Every owner, tenant, occupant or person owning or having the
care and control of any premises in the city shall keep said
premises or those under his care and control ln a clean and
sanitary condition and no person shall permit any garbage, rubbish,
or any other substance which may be or will become offensive to be
deposited or to remain in or upon any premises owned or occupied by
him or under his care and control except as otherwise provided by
law. It shall be the responsibility of such person to provide for
scheduled garbage, rubbish, or refuse collection by means of the
services of the contract or franchise agent or such other
6
J' (J - ''iff-
acceptable means of services to insure compliance with state law
for weekly service. It shall be mandatory for such person in a
single-family residential or multiple dwelling unit of four units
or less to utilize the services of the contract or franchise agent
and to pay the collection charge established by the city for such
service; provided, however, that any such person subject to the
mandatory requirement may apply for an exemption therefrom to the
contract or franchise agent upon a showing of proof of weekly
disposal of trash at an authorized dump. Any dispute as to such
exemption may be appealed to the city manager of the city.
8.24.070 Garbage and refuse-Collection prohibited when-Burning
prohibited.
No person shall collect, remove or convey, or cause or permit
to be collected, removed or conveyed, any residential, commercial
or industrial refuse upon or along any public street, alley or any
other public place in the city; provided however, the prohibitions
of this section shall not apply to self-haul authorized employees
of the city, or to any person or firm or employees thereof, with
whom the city has entered into a contract for the collection,
removal or disposal of garbage or rubbish or refuse, or to the
occupant or owner of any residence from personally removing garbage
or rubbish from said residence or commercial establishment.
It is unlawful for any person to burn or bury any garbage or
refuse as a means of disposing of said garbage.
8.24.080 Garbage and refuse-Receptacles approved for residential
use.
It is unlawful for any person in a residential area to keep or
store any garbage within receptacles except those which are tapered
gradually, decreasing in diameter toward the bottom of the
container, made of metal or plastic with metal or plastic covers
and handles, and which receptacles shall be watertight and
fly-proof and shall not exceed eighteen gallons' capacity.
Maximum container capacity shall be forty gallons. Further,
every person having the care or control of any place or premises
within the city where refuse accumulates or exists, and such refuse
is to be collected by the contract agent of the city, shall cause
such refuse to be placed and kept in such receptacles, with lids
securely fitted, and in a number adequate to contain the amount of
refuse normally accumulating during the interval between collection
thereof.
8.24.090 Garbage and refuse-Placement in receptacles or bundles-
Restrictions.
All rubbish and trash shall be kept within sturdy receptacles
made of metal or plastic, and no rubbish or trash shall be placed
in any receptacle so that it protrudes or extends beyond such
receptacles. Weight of empty receptacle shall not exceed fifteen
pounds; weight of fully loaded container shall not exceed sixty
7
11D1l- ~Cf
pounds. Cardboard containers securely tied may be used.
containers shall also be collected.
Said
A. The following are approved for residential customers:
1. Use of plastic or paper bags manufactured expressly for
waste storage, securely tied with wire, plastic or
string, and of such thickness and bursting strength to
resist puncture and tears. Grocery and shopping bags are
not permitted;
2. Securely tied cardboard containers may be used on a
one-time basis and will be collected by the contract
agent;
3. Newspapers and/or flattened cardboard boxes may be placed
outside receptacles if they are stacked and securely tied
in bundles of not more than sixty pounds in weight;
4. Brush and limbs of trees may be placed outside of
receptacles in tied bundles not more than four feet in
length or eighteen inches in diameter;
5. Any person desiring to receive different, additional, or
more frequent service may do so through the contract
agent, on mutually agreeable terms and conditions.
B. The following are disapproved for residential customers;
1. Use of severely damaged containers or containers with
jagged or sharp edges (said containers will be
appropriately tagged by contract agent first time noted
and will be collected by contract agent if used
subsequently to being so tagged.)
2. Put out for contract agent collection any hazardous
wastes and materials, such as hypodermic needles, drugs,
poisons, caustics, acids, insecticides , explosives or
flammables;
3. Put out for contract agent collection, construction and
demolition waste, cement, dirt, sand, lumber, plaster,
sod, stones, building blocks, auto or truck parts or
tires, trees, crankcase drainings, agricultural industry
debris, or any items which resist compaction and may
damage equipment;
4. Deposit garbage, rubbish, or any other material in waste
containers intended for use by, or belonging to others.
8.24.100 Garbage and refuse-Placement
collection-Times.
of
receptacles
for
8
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No refuse shall be placed for collection in an alley or on the
curb or the streets before six p.m. on the day immediately prior to
the scheduled collection day. No person shall permit refuse
receptacles to remain on the street or alley after eight p.m. of
the collection day. Collection point shall be in front of the
residential property at the curbline or as close thereto as
possible without creating an obstacle on the sidewalk. All refuse
placed at such collection points shall be deemed an acceptance or
request for service by the city's contract agent.
8.24.110 [Intentionally Omitted] .
8.24.120 [Intentionally Omi t ted]
8.24.130 [Intentionally Omi t ted]
8.24.140 [Intentionally Omi t ted]
8.24.150 [Intentionally Omi t ted]
8.24.160 [Intentionally Omi tted]
8.24.170 [Intentionally Omitted]
8.24.180 Payment of collection charges.
A. The council finds and determines that the regular collection
of garbage and rubbish and the disposal thereof by the
contract agent of the city from all places in the city is a
service to the premises from which it is collected. Except as
provided in Sections 8.24.060 and 8.24.070, all owners or
occupants of premises generating Solid Waste or otherwise
having the responsibility to keep the premises clean and
sanitary, shall pay the monthly collection fee charged by the
City's contract or franchise agent, not to exceed the City-
approved "Maximum Rates". A schedule of Maximum Rates shall
be kept on file with the City Clerk and is available for
public review. Maximum Rates may be subj ect to increase
pursuant to the terms of the City's contract or Franchise with
the contract or franchise agent(s). Subject to the terms of
the then in effect contract or franchise, the council may from
time to time establish such rates by resolution, including the
establishment of rates for different classifications of
generators (residential, commercial, or industrial or
industrial or subclassifications thereof) or types of
materials generated, including preferential or discounted
rates for senior citizens or low income families or other
classifications which are deemed to be in the public interest.
No person shall willfully fail, neglect or refuse, aftere
demand by contract agent, to pay the fees as provided for
herein.
B. The contractor or grantee will provide the billing and be
totally responsible for the collection of payments.
Residential customers shall not be billed more than three
9 ,
II; 11- $r ...t-
months in advance. Service shutoff for nonpayment shall not
be instituted before thirty days after initial billing and
after sufficient notification. Commercial billing shall be
monthly in arrears of service.
8.24.190 Reduced residential refuse collection charges.
The city council finds and declares that senior citizens (62
years and older) in single-family homes do not generate as great a
volume garbage and refuse and, therefor, a method should be
provided which would result in a reduced collection charge for such
citizens. The collection charge for senior citizens shall be based
upon the cost to be established by resolution of the city council
for single container service.
8.24.200 Interference with collection and scavenging prohibited
when.
It is unlawful for any person or persons other than the
contract agent as defined herein and authorized by the city to
collect garbage, rubbish, trash and other refuse, to interfere in
any manner with any receptacle whether owned by private persons or
by the contract agent, containing garbage, trash, rubbish or the
contents thereof or to remove any such receptacle from the location
where the same was placed by the owner thereof or to remove the
contents of any such receptacle except that any person, firm or
corporation producing table refuse or other form of garbage may
sell, give or otherwise dispose of the same in such manner as he or
it may desire; provided, that any table refuse or garbage handled,
conveyed or otherwise treated by any person other than an employee
of the contract agent of the city, shall be handled, conveyed or
otherwise disposed of in a manner strictly in accordance with the
rules and regulations of the county health department. Any person,
firm or corporation may also sell, give or otherwise dispose of
solid waste in such containers in such manner as it may desire
provided that all federal, state and local laws are followed.
8.24.210 Littering-By private persons prohibited where.
No person or persons shall leave, discard, deposit, throwaway
or cause to be left, discarded, deposited or thrown away, any
container of any type material waste, food, paper, wood, trash or
any refuse upon any street, alley, gutter, sidewalk, parkway, park
or recreational area in the city.
8.24.220 Littering-By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to
deposit upon any sidewalk, or street within the city any sweepings
from any sidewalk, stairway or other opening leading to the street
or sidewalk. All such sweepings or material from any sidewalk or
any other opening leading to the street or sidewalk within the city
shall be removed in a pan, shovel or other container and placed in
a receptacle for rubbish.
)~ 8- Jli' ,j
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings
in the city and the duty of all owners of vacant lots in the city
to keep the sidewalks adjacent to such premises clean and free of
any container of any type of material, waste, food, paper, wood,
trash or any refuse and all noxious weeds and vegetation.
8.24.240
[Intentionally Omitted]
SECTION III: That Chapter 8.25 of the Chula Vista Municipal
Code is hereby amended to read, in its entirety, as follows:
Sections:
8.25.010
8.25.020
8.25.030
8.25.035
8.25.040
8.25.050
8.25.060
8.25.070
8.25.080
8.25.090
8.25.100
8.25.110
Chapter 8.25
RECYCLING
Purpose and Intent.
Definitions.
Mandatory Fees for Recycling.
Reduced Residential Curbside Recycling Collection
Rates.
Separation of Recyclable Materials, Storage and
Containers.
Mandatory Recycling.
Recyclable Programs.
Reports.
Scavenging.
Composting.
Enforcement.
Severability.
8.25.010 Purpose and Intent.
The purpose of this chapter is to provide standards for
integrated solid waste management to include source reduction,
recycling and composting of solid wastes, in order to provide for
the long term health, safety and welfare of Chula Vista residents
through extending current landfill capacity, preserving resources,
and providing for the general protection of the environment. The
chapter provides for regulation of the storage, collection,
transportation and recovery of marketable and recyclable materials.
8.25.020 Definitions.
For purposes of this chapter, and other municipal code
provisions referring hereto, the following words shall have the
meanings ascribed thereto unless the context in which they are used
clearly indicates another meaning.
)(j1J - 8i'P-
A. "Aluminum" means recoverable materials made from aluminum such
as used aluminum food or beverage containers, aluminum foil,
siding, screening, and other items manufactured from aluminum.
B. "Bin" shall mean those plastic or metal containers of one
cubic yard (202 gallons) to eight cubic yards that have
plastic lids on the top (unless metal lids are designated by
the City Manager). Bins are used for weekly or more frequent
collection of waste, yard waste or designated recyclables by
the City or its Franchise agent.
C. "Bulky Waste" means discarded items whose large size or shape
precludes or complicates their handling by standard
residential or commercial solid waste, recycling and green
waste collection methods. Bulky items include white goods,
furniture, large auto parts, trees, stumps, carpet and other
potentially oversize wastes. Bulky waste does not include
hazardous or infectious waste unless specifically exempt such
as Freon containing refrigerators.
D. "Buy-back Center" means a facility licensed and permitted by
the Department of Conservation and/or local jurisdiction which
pays a fee for the delivery transfer of ownership to the
facility of source separated materials for the purpose of
recycling or composting.
E. "Cardboard" means post-consumer waste paper grade corrugated
cardboard (grade #11), kraft (brown) paper bags, or solid
fiber boxes which have served their packaging purposes and are
discarded and can later be reclaimed for collection and
recovery for recycling.
F. "Carts" shall mean those plastic containers with a capacity of
less than 202 gallons (one cubic yard). Carts shall have a
fixed lid and are designed for automated and/or semi-automated
collection of solid waste, yard waste and/or designated
recyclables by the City or its Franchise agent.
G.
"City" shall mean the City of Chula Vista,
corporation of the State of California in
incorporated form or in any later reorganized,
enlarged or reincorporated form.
a municipal
its present
consolidated,
H. "Collection" means the act of removing and conveying non-
hazardous and non-infectious solid waste, commingled or source
separated materials, from residential, commercial, industrial,
or institutional (governmental) generators, to a facility for
processing, composting, transfer, disposal or transformation.
I. "Commercial" means a site and/or business zoned or permitted
for any use other than residential including but not limited
to commercial, light industrial, industrial and agricultural.
Commercial generators that generated three (3) or more cubic
yards of waste per week are serviced by a bin or compactor
collection vehicle.
Jt; fJ - ~ Jl..
J. "Commercial Recyclables" means Designated recyclable materials
from the two commercial subcategories of office and
hospitality. Materials include, but are not limited to:
office paper, cardboard, newspaper, and aluminum from offices;
and cardboard, glass bottles and jars, plastic bottles,
aluminum, tin and bi-metal cans, and white goods from
hospitality establishments.
K. "Compactor containers" means those fully enclosed metal
containers of two to forty cubic yards provided by the City's
hauler or customer. Compactors typically serve very large
generators.
L. "Compost" means the product resulting from the controlled
biological decomposition of organic wastes that are source
separated from the municipal solid waste stream.
M. "Composting" shall mean the controlled and monitored process
of converting organic wastes into compost.
N. "Construction Waste" means the demolition, dredging, grubbing,
building, and rubble resulting from construction, remodeling,
repair, and/or demolition activities on housing, commercial,
governmental building, and other structures and pavement.
O. "Contract or Franchise agent(s)" means any person, private or
public entity designated by the City council pursuant to
Article XII of the City charter and Chula Vista Municipal
Code, Chapter 8.23, as being responsible for administering,
the collection, processing and/or disposal of solid waste or
Designated Recyclables.
P. "Recycling Box" shall mean those containers with a capacity of
18 gallon to 32 gallons which are supplied by the City or its
Franchise agent for manual collection of designated
recyclables.
Q. "Curbside collection" means the service of removing and
conveying of non-hazardous and non- infectious solid waste,
source separated recyclables and/or green waste from the
public thoroughfare at the curb or alley. (The City shall make
the final determination regarding eligibility for curbside
collection which shall generally apply to small quantity
generators. )
R. "Designated containers" ("Containers") shall mean those
containers designated by the City Manager for temporary
storage and collection of waste or designated recyclables
including but not limited to "Curbside bins, Carts, Bins,
Roll-off Boxes, and or Compactor Containers.
S. "Designated solid waste and recycling collection or storage
location" means a place designated by the City Manager for
storage and/or collection of waste, green waste and/or
recyclables pursuant to Section 8.24.100 of the Chula Vista
13 J hR - eft'''rt\.
Municipal Code. Designated locations include, but are not
limited to, the curb, alley, waste/recycling enclosure, a
loading dock, or basement of a commercial enterprise or multi-
family complex where waste and recyclables are placed for
collection or temporary storage prior to collection by the
City's Franchise agent.
T. "Franchised Recyclables" means any residential, commercial or
industrial Recyclables, as defined herein, to be collected by
the City's contract agent or franchisee, placed in designated
recycling containers or at designated recycling collection or
storage location(s) .
u. "Garbage" means all non-hazardous, non-infectious organic
waste including: kitchen and table waste, and animal or
vegetable waste that attends or results from the storage,
preparation, cooking, or handling of food stuffs, except
organic wastes separated therefrom and used in composting in
accordance with Chula Vista Municipal Code Chapter 8.25,
Section 8.35.090.
V. "Generator" means every owner, tenant, occupant or person
owning or having the care and control of any premises in the
City including the temporary use of parks, open space or a
public thoroughfare.
W. "Glass bottles and jars" means food and beverage containers
made from silica or sand, soda ash and limestone, the product
being transparent or translucent and being used for packaging
or bottling, including container glass designated redeemable
under the California Beverage Container Recycling and Litter
Reduction Law, Division 12.1 (commencing with Section 14500)
of the California Public Resources Code, as well as glass jars
and bottles without redeemable value ("scrap"), but excluding
household, kitchen, and other sources of non-container glass
such as drinking glasses, ceramics, light bulbs, window pane
glass, and similar glass products that are not bot tIes or
jars.
x. "Grantee" shall mean the City's Franchise agent(s).
Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree
branches, tree trunk and other wood materials from trees.
Green waste may also include pre-consumer food waste,
incidental amounts of waxed or plastic coated corrugated
cardboard, unpainted and untreated lumber. Green waste does
not include, tree stumps in excess of 100 pounds, more than
incidental dirt or rock, plastic, glass, metal, painted or
treated lumber, plywood, particle board or other manufactured
products that contain glue, formaldehyde, non-organic or non-
biodegradable materials.
Z. "Green Waste Processing" means the accumulation and storage of
green waste in a manner that leads to the intentional or un-
intentional thermophilic decomposition of green waste. The
14
JI#H-~~YI
more than 15 yards or three (3) tons per year of unprocessed,
shredded, ground or composted material shall constitute green
waste processing and is subject to the City, County and State
requirements regulating compost and/or solid waste facilities
(site codes). Residential, commercial and agricultural sites
that generate, stockpile or process green waste material
generated on site and used on-site without sale of finished or
unfinished material that are otherwise compliant with all
conditions of the municipal code for nuisance may apply for an
annual exemption.
AA. "Hazardous or Toxic Waste" means any waste material or mixture
of wastes which is toxic, corrosive, flammable, explosive, an
irritant, a strong sensitizer, which generates pressure
through decomposition, heat or other means, if such a waste or
mixture of wastes may cause substantial personal injury,
serious illness or harm to humans, domestic animals, or
wildlife, during, or as an approximate result of any disposal
of such wastes or mixtures of wastes as defined in Section
25117 of the California Health and Safety Code which is not
legally disposable at a Class III Landfill.
BB. "Hospitality" means any establishment that offers dining
services, food or beverage sales. This includes, taverns,
bars, cafeterias, and restaurants, as well as, motels and
hotels (temporary housing of less than one month duration),
hospitals, schools, colleges, and other such establishments
that have dining services, or a restaurant or bar on their
premises.
CC. "Industrial Recyclables" means recyclables from industrial,
construction, and demolition operations, including, but not
limited to, asphalt, concrete, dirt, land clearing brush, sand
and rock.
DD. "Industrial Solid Waste" means solid waste originating from
mechanized manufacturing facilities, factories, refineries,
construction and demolition projects, and/or publicly operated
treatment works, excluding recyclables and compostables, if
properly handled and treated excluding Hazardous or Toxic
Waste.
EE. "Inert" means materials such as concrete, soil, asphalt,
ceramics, earthen cooking ware, automotive safety glass, and
mirrors.
FF. "Improper Disposal" means the discarding of any item or items
upon public or private premises that where not generated on
the premises as a part of its authorized use unless written
consent of the property owner is first obtained.
GG. "Improper Disposal Site" means any premises that have
intentionally or unintentionally accumulated solid waste or
recyclables and/or charged a fee for accepting material
without a solid waste or composting permit from the County
15
J"l1-~o
without a solid waste or composting permit from the County
Local Enforcement Agency (site code). This does not include
businesses licensed and permitted in the City to purchase
source separated recyclables.
HH. "Incidental Waste" less than one pound of waste deposited in
a public litter bin or designated waste container to prevent
litter. Such as waste from a fast food meal deposited in a
designated waste container or public litter bin by a
pedestrian or vehicle operator.
II. "Industrial Generator" means any property or generator that is
engaged in the manufacture of products including but not
limited to construction and demolition. Industrial generators
are typically serviced by roll-off box containers of 10-40
yard capacities and typically generate inert materials such as
asphalt, concrete, building debris and some wood and dry green
waste.
JJ. "Industrial" means any form of mechanized manufacturing
facilities, factories, refineries, and construction and
demolition operations, excluding hazardous waste operations.
KK. "Institutional" shall mean any premise owned and/or occupied
by local, state and federal agencies. Typically office or
education facilities with a common waste stream.
LL. "Integrated Solid Waste Management" means a planned program
for effectively controlling the storage, collection,
transportation, processing and reuse, conversion or disposal
of solid waste, recyclables and/or compostables in a safe,
sanitary, aesthetically acceptable, environmentally sound and
economical manner. It includes all administrative, financial,
environmental, legal and planning functions as well as the
operational aspects of solid waste handling, disposal, litter
control and resource recovery systems necessary to achieve
established objectives.
MM. "Landfill" means a disposal system by which solid waste is
deposited in a specially prepared area which provides for
environmental monitoring and treatment pursuant to the
California Code or Regulations, California Public Resources
Code and the Federal Resource Conservation and Recovery Act.
NN. "Large Generator" means those residential, commercial
industrial and institutional entities that generate more than
300 gallons of waste per week excluding source separated
recyclables diverted from disposal or transformation.
00. "Mixed waste processing" means a. system of recovering
recyclables from the mixed waste stream through separation at
a processing facility, transfer station, landfill, or other
such facility instead of separation at the primary waste
generation source.
16
I'll -R P
PP.
"Multi-family" means a
total of 4 or more
horizontal arrangement
structure or structures containing a
dwelling units in any vertical or
on a single lot or building site.
QQ. "Newspaper" means newsprint-grade paper including any inserts
that come in the paper, and excluding soiled paper, all
magazines, and other periodicals, telephone books, as well as
all other paper products of any nature.
RR. "Nuisance" means anything which is injurious to human health,
or is indecent or offensive to the senses, and interferes with
the comfortable enjoyment of life or property, and affects at
the same time an entire community or neighborhood, or any
number of persons, although the extent of annoyance or damage
inflicted upon the individual may be unequal, and which occurs
as a result of the storage, removal, transport, processing, or
disposal of solid Waste, compost, and/or designated
recyclables.
55. "Office or Offices" for purposes of this chapter shall mean
any office, combination of offices or connected building or
office space in which the combined, total area is more than
20,000 square feet, regardless of office affiliation,
ownership, or occupancy. This includes, but is not limited to,
businesses used for retail, wholesale, professional services,
legal services, financial services (to include banks), medical
services, shipping and receiving areas, churches, schools,
colleges, and libraries.
TT. "Office Paper" means waste paper grades of white and colored
ledgers and computer paper. Examples include forms, copy
paper, stationery, and other papers that are generally
associated with desk and employee work area activity, and any
additional materials to be added by ordinance.
DU. "Plastic bottle" means a plastic container with narrow neck or
mouth opening smaller than the diameter of the container body,
used for containing milk, juice, soft drinks, water,
detergent, shampoo or other such substances intended for
household or hospitality use; to distinguish from non-bottle
containers (e.g., deli or margarine tub containers) and from
non-household plastic bottles such as those for containing
motor oil, solvents, and other non-household substances.
VV. "Pollution" means the condition caused by the presence in or
on a body of water, soil, or air of any solid waste or
substance or derived therefrom in such quantity, or such
nature and duration, or under such conditio that the quality,
appearance, or usefulness of the water, soil, land, or air is
significantly degraded or adversely altered.
WW. "Processing" means the reduction, separation, recovery,
conversion, or recycling of any component(s) of solid waste.
17
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xx. "putrescible Wastes" means the waste in organic material with
the potential decomposition capacity to emit noticeable
quantities of odor and gas by-products. Material in this
category includes, but is not limited to kitchen waste, dead
animals, food from containers, etc., except organic wastes
separated therefrom and used in composting.
YY. "Recyclables" means any materials that are recyclable,
reclaimable, and/or reusable within the following generating
categories: small generator an large generator. Any material
having an economic value on the secondary materials market or
that is otherwise salvageable shall be included and/or other
materials that have been separated from other small or large
generators for the purposes of being recycled for resale
and/or reuse, and placed at a designated recycling or waste
collection or storage location or in a designated recycling or
waste container for the purpose of collection and processing,
or any such designated recyclables materials collected under
a mixed waste processing program.
ZZ. "Recycling" shall mean any process by which materials which
would otherwise be discarded, deposited in a landfill or
transformation facility and become Solid Waste are collected
(source separated, commingled, or as "mixed waste"), separated
and/or processed and returned to the economic mainstream in
the form of raw materials or products or materials which are
otherwise salvaged or recovered for reuse.
AAA."Refuse" means garbage and rubbish.
BBB. "Removal" means the act of taking solid wastes or designated
recyclables from the place of generation either by the
contract or Franchise agent(s), or by a person in control of
the premises.
CCC. "Removal frequency" means frequency of removal of solid wastes
or recyclables from the place of generation.
DDD. "Residential" for purposes of this Franchise, means any
building or portion thereof designed or used exclusively as
the residence or sleeping place of one or more persons,
including single and multiple family dwellings, apartment-
hotels, boarding and lodging houses. Residential does not
include short-term residential uses, such as motels, tourist
cabins, or hostels which are regulated as hospitality
establishments.
EEE. "Residential Recyclables" means those specific recyclable
materials from residential solid waste (single family and
multi-family) including, but not limited to, aluminum, glass
bottles and jars, newspaper, plastic bottles, tin and bi-metal
cans, white goods, and yard waste.
FFF. "Roll-Off Service" means service provided for the collection,
removal and disposal of industrial waste such as construction,
18
)'~ -~~..A-
demolition and other primarily inert non-putrescible wastes
and green wastes. Roll-off Service is usually provided using
metal containers of ten to forty cubic yards that are open on
the top with doors on one end.
GGG. "Rubbish" means non-putrescible solid wastes such as ashes,
paper, glass, bedding, crockery, plastics, rubber by-products
or litter. Such materials that are designated as recyclable
or compost may be exempt from categorizing as rubbish provided
such materials are handled, processed and maintained in a
properly regulated manner.
HHH.
"Salvaging or salvageable" means the
authorized storage and removal of solid
recyclables or recoverable materials.
controlled and/or
waste, designated
III. "Scavenging" means the uncontrolled and/or unauthorized
removal of solid waste, designated recyclables or recoverable
materials. Such activity is unlawful and is a misdemeanor
punishable by up to six months in jail and $1,000 in civil
penalties under section 8.24.200, 8.25.080 of the Chula Vista
Municipal Code and Chapter 9 Section 41950 of the California
Integrated Waste Management Act of 1989.
JJJ. "To segregate waste material" means any of the following: the
placement of designated recyclables in separate containers;
the binding or bagging of designated recyclables separately
from other waste material and placing in a separate container
from refuse, or the same container as refuse; the physical
separation of designated recyclables from other waste material
(either at the generating source, solid waste transfer
station, or processing facility) .
KKK. "Small Generator" means those residential, commercial
industrial and institutional entities that generate less than
300 gallons of waste per week excluding source separated
recyclables diverted from disposal or transformation.
LLL. "Solid Waste" means all putrescible and non-putrescible
solid, semi-solid and liquid wastes, such as refuse, garbage,
rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, manure, vegetable or animal solid
and semi-solid wastes, and includes liquid wastes disposed of
in conjunction with solid wastes at solid waste
transfer /processing stations or disposal sites, which are
generated by Residential, Commercial or Industrial sites
within the City. Solid waste shall not include: hazardous and
infectious waste, sewage collected and treated in a municipal
or regional sewage system or materials or substances having
commercial value or other importance which can be salvaged for
reuse, recycling, composting or resale.
MMM. "State" shall mean the State of California.
19
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000. "Storage" means the interim containment of solid wastes, yard
wastes, or recyclables in an approved manner after generation
and prior to disposal, collection or processing. (Interim
means for one week or less, roll-off containers may store non-
putrescible waste for up to thirty days.)
PPP. "Streets and Byways" shall mean the public streets, ways,
alleys and places as the same now or may hereafter exist
within said City, including state highways now or hereafter
established within said City.
QQQ. "Tin and bi-metal cans" means any steel food and beverage
containers with a tin or aluminum plating.
RRR. "Transfer or processing station" means those facilities
utilized to receive solid wastes and to temporarily store,
separate, convert, or otherwise process the solid waste and/or
recyclables.
SSS. "Unit" means an individual residence
residential multi-family complex.
contained in a
TTT. "White goods" means kitchen or other large enameled appliances
which includes, but is not limited to, refrigerators, washers,
and dryers.
UUU. "Wood Waste" means lumber and wood products but excludes tree
stumps in excess of 100 pounds, more than incidental dirt or
rock, plastic, glass, metal, painted or treated wood, plywood,
particle board or other manufactured products that contain
glue, formaldehyde, non-organic or non-biodegradable
materials.
VVV. "Vector" means any nuisance such as odor, unsightliness sound
or, a carrier, usually insects or rodents, that is capable of
transmitting a disease.
WWW. "Yard waste" means the leaves, grass, weeds, and wood
materials from trees and shrubs from the single family and
multi-family residential sources of the City's Green waste (to
include landscape haulings from residential sources).
Acceptable materials for collection include all yard waste as
herein defined, excluding palm fronds, treated or processed
wood or lumber, bulky waste or any other materials as shall be
determined by the City as to not be salvageable. All
acceptable yard waste shall be void of nails, wire, rocks,
dirt or any other material that is not considered yard waste.
8.25.030 Mandatory Fees for Recycling.
A. The city council finds and determines that the regular
collection of recyclables by the contract or franchise
agent(s) of the city from all places in the city is a service
to the premises from which it is collected. All owners or
occupants of premises generating recyclables shall pay the
20
)ltn--~
monthly collection fee charged by the City's contract or
franchise agent, not to exceed the City-approved "Maximum
Rates". A schedule of "Maximum Rates" shall be kept on file
with the City Clerk and is available for public review.
Maximum Rates may be subject to increase pursuant to the terms
of the City's contract or franchise with the contract or
franchise agent (s) . Subj ect to the terms of the then in
effect contract or franchise, the council may from time to
time establish such rates by resolution, including the
establishment of rates for different classifications of
generators (residential, commercial, or industrial, or
subclassifications thereof) or types of materials generated,
including preferential or discounted rates for senior citizens
or low income families or other classifications which are
deemed to be in the public interest.
B. Pursuant to California Public Resources Code, Sections 41900
et seq., City may, by resolution of the city council, impose
fees on City generators to pay the actual costs incurred by
the city in preparing, adopting or implementing an integrated
waste management plan in accordance with state mandates.
C. The contract or franchise agent shall provide billing service
and be totally responsible for the collection of such fees, at
the same time and in the same manner, as the collection of
charges for refuse collection pursuant to Section 8.24.180.
No person shall wilfully fail, neglect or refuse, after demand
by the contract or franchise agent (s), to pay the fees
provided for herein.
8.25.035 Reduced Residential Curbside Recycling Collection Rates.
The city council considers that recycling is a community
responsibility critical to effective waste management and overall
environmental sensitivity, and that a residential curbside
recycling program meets the established city policy of designing
recycling programs with attention to public convenience. The city
council also finds and declares that senior citizens and low income
households may be financially burdened households which have
difficulties securing the basic necessities of life. Therefore, it
is the intent that a method be provided which would result in a
reduced collection charge for such citizens, thereby assisting the
household and providing a participation incentive. This reduces
rate shall apply to a senior citizen (62 years and over) or a low
income household which meets the total annual gross income criteria
used by the city for determining reduced sewer service charges.
Senior citizens who apply for reduced residential refuse collection
charges and self-regulate their own trash collection costs through
the City's single bag or container program. Occupants of premises
subject to a curbside recycling charge may request a reduction due
to low income by filing a completed city application form at any
time. Upon certification of eligibility by the director of
finance, the sanitary service will be notified to reduce the
21
)~8- ~ 14.
recycling charge in time for the next regularly scheduled billing
cycle.
8.25.040 Separation of
Containers.
Recyclable Materials,
Storage,
and
A. The owner, operator, and/or occupant of any premise, business
establishment, industry, or other property, vacant or
occupied, shall be rebuttably presumed to be the generators
of, and be responsible for, the safe and sanitary storage of
all solid waste, designated recyclables, and compost
accumulated on the property. The designated recyclables and
compost shall be stored separately from refuse. The property
owner, operator, or occupant shall store such solid waste,
designated recyclables, and compost on the premises or
property in such a manner so as not to constitute a fire,
health, or safety hazard, and shall require it to be handled
in such a manner so as not to promote the propagation,
harborage, or attraction of vectors, or the creation of litter
or other nuisances.
B. A container or containers for designated recyclables shall be
provided by the contract or franchise agent(s) for any
premises generating residential or commercial recyclables, for
the exterior collection of designated recyclables. Containers
for industrial recyclables shall be provided by the generator
of the designated recyclables, unless otherwise arranged
through the city manager. The containers shall effectively
segregate the designated recyclables from refuse.
C. All such containers to be used in the ci ty' s recycl ing
programs shall be approved by the city manager, in conjunction
with the contract or franchise agent(s) (or, in the case of
Industrial Recyclables, the generators of the industrial
recyclables) .
D. Designated recyclables shall be sorted according to type
and/or as established by program guidelines and placed in
separate containers, containers with segregated compartments,
or commingled (in one recycling container), as agreed upon by
the city manager and the contract or franchise agent (s) .
containers, if more than one, shall be grouped together and
placed for collection at the same time as when regular refuse
collection occurs or at designated recycling collection times
(if different from refuse collection) and at designated
recycling collection locations.
E. All containers used for recycling purposes, storage or
collection, including commercial and industrial recycling
containers used in city recycling programs as well as all
other containers used for recycling purposes whether owned or
operated by a commercial entity, nonprofit organization, or
any other persons or entity shall be identified with the name
and current telephone number of the owner or the responsible
22 JI,I} - 4i'v
agency or person. Commercial recycling containers shall
remain locked at all times in order to discourage scavenging
and prevent dumping of refuse in the container, unless
exempted by the city manager in conjunction with the contract
or franchise agent(s).
F. Containers which do not comply with the requirements of this
section shall be presumed to be refuse and taken by the
contract or franchise agent(s) for disposal or potential use
as salvaging or recycling containers.
G. It shall be unlawful for any person to dispose, dump, or
otherwise place material other than designated recyclables, in
a designated recycling container or at a designated recycling
collection or storage location.
H. Exemption. Designated recyclables which are source sorted by
their generator for the purpose of recycling by selling them
to a Buy-back Center or donating them to a city licensed
nonprofit or community group conducting recycling programs for
the purpose of raising funds do not have to be placed in the
designated recycling container required by this section, nor
placed in a designated recycling collection location in
accordance with this Section. When designated recyclables are
received by a city licensed nonprofit or community group
conducting recycling programs for the purpose of raising funds
they shall be stored and sorted in accordance with this
section and transported to a Buy-back Center for the purpose
of recycling.
8.25.050 Mandatory Recycling.
It shall be mandatory for all generators of residential,
commercial, and industrial recyclables in the city to separate from
refuse, for recycling purposes, all Designated Recyclables and
otherwise participate in recycling as described by this chapter.
8.25.060 Recycling Programs.
A. The city manager shall establish and promulgate reasonable
regulations, guidelines and other program related specifics as
to the implementation of recycling programs for residential,
commercial, and industrial recycling, including the method for
collection of designated recyclables.
B. Commercial and industrial establishments shall develop their
respective "in-house" recycling plans that provide for the
collection of designated recyclables in conjunction with the
city's established recycling programs. The city and the
contract or franchise agent(s) shall assist in program
development, provide technical expertise, and training
materials.
23 1'f}-~3tJ
C. Collection of recyclables from single-family residential units
shall minimally occur once weekly. For commercial and
industrial entities, collection shall be provided as needed to
meet demand.
D. The city encourages use of Buy-back Centers, Donation Centers
(for used furniture and other reusable bulky items, and
nonprofit agents), scrap dealers, home and commercial
composting, source reduction, and other creative, lawful and
environmentally sound efforts to reduce waste in accordance
with this chapter that do not conflict with any established or
planned city sponsored recycling, composting or source
reduction programs.
8.25.070 Reports.
All commercial and industrial establishments shall submit
recycling tonnage documentation on an annual basis to the city's
conservation coordinator, due on or before January 31, for the
previous year. Annual reporting shall be on the form promulgated
by the city manager, and commence on the first anniversary of the
date set forth in the mandatory recycling implementation schedule
as established in this chapter. Voluntary reporting prior to the
required mandatory recycling is encouraged.
8.25.080 Scavenging.
A. It shall be unlawful for any person other than authorized city
personnel or contract or franchise agent (s) to remove any
separated designated recyclable(s) or salvageable commodity
from any designated recycling collection or storage location,
or designated recycling container. However, the original
generator of the designated recyclables, may for any reason,
remove the designated recyclables placed by said generator
from the designated recycling container or designated
recycling collection or storage location in which said
generator had originally placed them.
B. It shall be unlawful for any person to disturb, modify, harm,
or otherwise tamper with any container or designated recycling
collection or storage location containing designated
recyclables, or the contents thereof, or to remove any such
container from the location where the same was placed by the
generator thereof, or to remove the contents of any such
container, unless authorized by the generator of such
designated recyclables or a duly authorized city personnel or
contract or franchise agent(s).
8.25.090 Composting.
A. Every establisher of a composting pile, bin, holding area or
other such composting system shall first obtain a permit from
the city, if the total volume used within the boundaries of
the premises for composting is 15 cubic yards or greater.
24
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B. Every composting pile, bin, holding area or other such
composting system shall be maintained so as to not create a
public or private nuisance through visual, odor, safety and/or
other means, or as prescribed in Chapter 19.66 of the Chula
Vista Municipal Code. Without constituting a limitation on
the foregoing, no such composting pile, bin, holding area or
other such composting system shall be maintained within six
(6) feet from an exterior window, exterior door or other
exterior entrance to an inhabited residential structure other
than one owned by the owner of such composting system.
C. The owner, operator, or occupier of property containing a
composting pile, bin, holding area or other such composting
system that is greater than 5 feet high, 5 feet wide and 5
feet in length shall weekly monitor temperature, through
utilization of a thermometer designed for such purposes.
D. No single compost pile, bin, holding area or other such
composting system on a Residential Single-Family (as defined
in Ordinance No. 2443) premises shall be more than 5 feet in
height and/or greater than 6 feet in width or length.
8.25.100 Enforcement.
A. The city manager or designee is responsible for enforcing the
provisions of this chapter.
B. Types of materials included in designated recyclables may be
administratively deleted by the city manager under emergency
conditions (to include market failures), subject to formal
ordinance amendment approved by the city council, if such
conditions persist.
C. Nothing in this ordinance or its implementing regulations
shall prevent the city or its contract or franchise agent(s)
from efforts to obtain voluntary compliance by way of warning,
notice of violation, educational or other means.
8.25.110 Severability.
If any provision, clause, sentence or paragraph of this
chapter or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of the provisions of this chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are hereby declared
to be severable.
SECTION IV: This ordinance shall become effective thirty days
after its final passage unless suspended by a referendum petition
filed as provided by law.
25
XtA-Ai-~
SECTION V: The city clerk shall cause this ordinance to be
published once within fifteen (15) days after its passage in a
newspaper of general circulation published and circulated in said
city.
Presented by
Approved as to form by
h:\home\attorney\chap823.grg
.
Michael Meacham, Conservation
Coordinator
'l'ttorney
j
26 1'11- ~t' J
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consider the adoption of this Franchise and set a public for such
purpose for August 4, 1998 at 6:00 p.m.; and
WHEREAS, on August 4, 1998, a duly noticed public was
held on this Franchise, and all public testimony was reviewed and
considered by the City Council, including the City Manager's
recommendation to approve the Franchise; and
NOW, THEREFORE, the City Council of the City of Chula
Vista does hereby ordain as follows:
SECTION I: Pacific's performance under the Original
Franchise is hereby deemed satisfactory for purposes of renewing
such franchise pursuant to the terms and conditions of the new
Franchise presented by City staff. Any and all protests or
objections presented to the granting of the Franchise are hereby
overruled.
SECTION II: Upon Pacific's written acceptance thereof,
the City Council of the City of Chula Vista does hereby grant a
Waste Management Franchise Renewal to Pacific Waste Services
through September 4, 2002 in accordance with the terms and
conditions of the Franchise Agreement, a copy of which is on file
in the office of the City Clerk as Document No. C ()q~..... JIL '3-
SECTION III: The Mayor of the City of Chula Vista is
hereby authorized to execute the Franchise Agreement on behalf of
the City of Chula Vista in substantially the form presented, with
such minor, non-substantive, modifications as may be approved or
required by the City Attorney.
SECTION IV: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
SECTION
a summary of this
circulated in the
V: The City Clerk is hereby directed to publish
ordinance in a newspaper of general circulation
City of Chula Vista.
Presented by
Approved as to form by
,
Michael Meacham, Conservation
Coordinator
H:\home\lorraine\cdrive\or\trash.frn
2
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SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT
This SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT
("Franchise") is entered into effective as of September 4, 1997 by
and between the City OF CHULA VISTA, a chartered municipal
corporation of the State of California ("City") and ALLIED WASTE
INDUSTRIES, a Delaware corporation, dba PACIFIC WASTE SERVICES
("Pacific"), with reference to the following facts:
A. City is a chartered city within the meaning of California
Constitution Article 11, Sections 3 and 5 and has reserved its
powers pursuant to California Public Resources Code Section 40000
et seq. to grant an exclusive solid waste and recyclable franchise.
B. In 1982, pursuant to Article XII of the City Charter and
Chapter 8.24 of the Chula Vista Municipal Code, City granted a
solid waste disposal franchise ("Original Franchise") to Chula
Vista Sanitary Service (" CVSS") .
C. Since 1982, the Original Franchise has been amended as
follows: (1) Ordinance No. 2104, adopted February 28, 1985: (2)
Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No.
2427, adopted December 4, 1990; (4) Ordinance No., 2429, adopted
December 11, 1990; (5) Ordinance No. 2475, adopted September 3,
1991; (6) Ordinance No. 2562, adopted July 20 1993; and (7)
Ordinance No. 2569, adopted September 21, 1993.
D. On May 12, 1987, pursuant to City Council Resolution No.
13019, City approved an assignment of the Original Franchise to
Laidlaw Waste Systems, Inc. ("Laidlaw").
E. On June 17, 1997, pursuant to City Council Resolution No.
18705, City conditionally approved Laidlaw's assignment of the
Original Franchise, as amended, to Pacific. One of the conditions
of approval was that Pacific enter into negotiations with City
staff regarding various City issues with the franchise prior to
September, 1997 when the City was scheduled to consider Pacific's
request for a five year renewal.
F. On August 26, 1997, pursuant to City Council Resolution
No. 18763, City approved a month to month extension of the Original
Franchise pending further City review and consideration of
Pacific's requested five year renewal.
G. On July 14, 1998, pursuant to City Council Resolution No.
19074, City approved a resolution of intention to consider the
adoption of this Franchise and set a public for such purpose for
August 4, 1998 at 6:00 p.m..
on
H.
this
On August
Franchise,
4, 1998, a duly noticed public hearing was held
and all public testimony was review~ OaqS" I:JZ
I' ~-!I D()11/
considered by the City Council.
I. On August 11, 1998, pursuant to its adoption of
Ordinance No. 2741, ("City Adoption Date") and Pacific's written
acceptance thereof, the City granted, and Pacific accepted this
Franchise on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above recitals, the
covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which the parties
hereby acknowledge, City and Pacific hereby agree as follows:
1. Definitions.
Whenever in this Agreement the words or phrases hereinafter in
this section defined are used, either with initial caps or small
case lettering, they shall have the respective meaning assigned to
them in the following definitions (unless in the given instance,
the context wherein they are used shall clearly indicate a
different meaning) :
1.1 "Affiliate" means any parent or subsidiary corporation,
partnership or other entity, or any fellow member of an
association, joint venture or similar arrangement for the
provision of solid waste disposal or recycling services in
which Pacific holds a direct or indirect interest.
1.2 "Aluminum" means recoverable materials made from aluminum such
as used aluminum food or beverage containers, aluminum foil,
siding, screening, and other items manufactured from aluminum.
1.3 "Bin" shall mean those plastic or metal containers of one
cubic yard (202 gallons) to eight cubic yards that have
plastic lids on the top (unless metal lids are designated by
the City Manager). Bins are used for weekly or more frequent
collection of waste, yard waste or designated recyclables by
the City or its Franchise agent.
1.4 "Bulky Waste" means discarded items whose large size or shape
precludes or complicates their handling by standard
residential or commercial solid waste, recycling and green
waste collection methods. Bulky items include white goods,
furniture, large auto parts, trees, stumps, carpet and other
potentially oversize wastes. Bulky waste does not include
hazardous or infectious waste unless specifically exempt such
as Freon containing refrigerators.
1.5 "Buy-back Center" means a facility licensed and permitted by
the Department of Conservation and/or local jurisdiction which
pays a fee for the delivery transfer of ownership to the
facility of source separated materials for the purpose of
recycling or composting.
2
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1.6 "Cardboard" means post-consumer waste paper grade corrugated
cardboard (grade #11), kraft (brown) paper bags, or solid
fiber boxes which have served their packaging purposes and are
discarded and can later be reclaimed for collection and
recovery for recycling.
1.7 "Carts" shall mean those plastic containers with a capacity of
less than 202 gallons (one cubic yard). Carts shall have a
fixed lid and are designed for automated and/or semi-automated
collection of solid waste, yard waste and/or designated
recyclables by the City or its Franchise agent.
1.8
"City" shall mean the City of Chula Vista,
corporation of the State of California in
incorporated form or in any later reorganized,
enlarged or reincorporated form.
a municipal
its present
consolidated,
1.9 "Collection" means the act of removing and conveying non-
hazardous and non-infectious solid waste, commingled or source
separated materials, from residential, commercial, industrial,
or institutional (governmental) generators, to a facility for
processing, composting, transfer, disposal or transformation.
1.10 "Commercial" means a site and/or business zoned or permitted
for any use other than residential including but not limited
to commercial, light industrial, industrial and agricultural.
Commercial generators that generated three (3) or more cubic
yards of waste per week are serviced by a bin or compactor
collection vehicle.
1.11 "Commercial Recyclables" means Designated recyclable materials
from the two commercial subcategories of office and
hospitality. Materials include, but are not limited to:
office paper, cardboard, newspaper, and aluminum from offices;
and cardboard, glass bottles and jars, plastic bottles,
aluminum, tin and bi-metal cans, and white goods from
hospitality establishments.
1.11 "Compactor containers" means those fully enclosed metal
containers of ten to forty cubic yards provided by the City's
hauler or customer. Compactors typically serve very large
generators.
1.13 "Contract or Franchise agent(s)" means any person, private or
public entity designated by the City council pursuant to
Article XII of the City charter and Chula Vista Municipal
Code, Chapter 8.23, as being responsible for administering,
the collection, processing and/or disposal of solid waste or
Designated Recyclables.
1.14 "Recycling Box" shall mean those containers with a capacity of
18 gallon to 32 gallons which are supplied by the City or its
3
Ji, R - ~
Franchise agent
recyclables.
for
manual
collection
of
designated
1.15 "Curbside collection" means the service of removing and
conveying of non-hazardous and non-infectious solid waste,
source separated recyclables and/or green waste from the
public thoroughfare at the curb or alley. (The City shall make
the final determination regarding eligibility for curbside
collection which shall generally apply to small quantity
generators. )
1.16 "Designated containers" ("Containers") shall mean those
containers designated by the City Manager for temporary
storage and collection of waste or designated recyclables
including but not limited to "Curbside bins, Carts, Bins,
Roll-off Boxes, and or Compactor Containers.
1.17 "Designated solid waste and recycling collection or storage
location" means a place designated by the City Manager for
storage and/or collection of waste, green waste and/or
recyclables pursuant to Section 8.24.100 of the Chula Vista
Municipal Code. Designated locations include, but are not
limited to, the curb, alley, waste/recycling enclosure, a
loading dock, or basement of a commercial enterprise or multi-
family complex where waste and recyclables are placed for
collection or temporary storage prior to collection by the
City's Franchise agent.
1.18 "Franchised Recyclables" means any residential, commercial or
industrial Recyclables, as defined herein, and by Municipal
Code Chapter 8.25, placed in designated recycling containers
or at designated recycling collection or storage location(s)
to be collected by Pacific.
1.19 "Garbage" means all non-hazardous, non- infectious organic
waste including: kitchen and table waste, and animal or
vegetable waste that attends or results from the storage,
preparation, cooking, or handling of food stuffs, except
organic wastes separated therefrom and used in composting in
accordance with Chula Vista Municipal Code Chapter 8.25,
Section 8.35.090.
1.20 "Generator" means every owner, tenant, occupant or person
owning or having the care and control of any premises in the
City including the temporary use of parks, open space or a
public thoroughfare.
1.21 "Glass bottles and jars" means food and beverage containers
made from silica or sand, soda ash and limestone, the product
being transparent or translucent and being used for packaging
or bottling, including container glass designated redeemable
under the California Beverage Container Recycling and Litter
4
J~fI-3i
Reduction Law, Division 12.1 (commencing with Section 14500)
of the California Public Resources Code, as well as glass jars
and bottles without redeemable value ("scrap"), but excluding
household, kitchen, and other sources of non-container glass
such as drinking glasses, ceramics, light bulbs, window pane
glass, and similar glass products that are not bottles or
jars.
1.22 "Grantee" shall mean the City's Franchise agent(s) including
Pacific Waste Systems, Inc. and its lawful successors or
assigns as outlined in Section 8.24.110.
1.23 "Green wastes" means the leaves, grass, weeds, shrubs, tree
branches, tree trunk and other wood materials from trees.
Green waste may also include pre-consumer food waste,
incidental amounts of waxed or plastic coated corrugated
cardboard, unpainted and untreated lumber. Green waste does
not include, tree stumps in excess of 100 pounds, more than
incidental dirt or rock, plastic, glass, metal, painted or
treated lumber, plywood, particle board or other manufactured
products that contain glue, formaldehyde, non-organic or non-
biodegradable materials.
1.24 "Green Waste Processing" means the accumulation and storage of
green waste in a manner that leads to the intentional or un-
intentional thermophilic decomposition of green waste. The
acceptance of payment for green waste, the accumulation of
more than 15 yards or three (3) tons per year of unprocessed,
shredded, ground or composted material shall constitute green
waste processing and is subject to the City, County and State
requirements regulating compost and/or solid waste facilities
(site codes). Residential, commercial and agricultural sites
that generate, stockpile or process green waste material
generated on site and used on-site without sale of finished or
unfinished material that are otherwise compliant with all
conditions of the municipal code for nuisance may apply for an
annual exemption.
1.25 "Gross receipts" shall mean all gross operating revenues
received by Pacific for solid waste, recycling, composting and
related services provided to any and all generators within
Chula Vista City limits under this Franchise excluding any
City imposed fees.
1.26 "Hazardous or Toxic Waste" means any waste material or mixture
of wastes which is toxic, corrosive, flammable, explosive, an
irritant, a strong sensitizer, which generates pressure
through decomposition, heat or other means, if such a waste or
mixture of wastes may cause substantial personal injury,
serious illness or harm to humans, domestic animals, or
wildlife, during, or as an approximate result of any disposal
of such wastes or mixtures of wastes as defined in Section
5
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25117 of the California Health and Safety Code which is not
legally disposable at a Class III Landfill.
1.27 "Hospitality" means any establishment that offers dining
services, food or beverage sales. This includes, taverns,
bars, cafeterias, and restaurants, as well as, motels and
hotels (temporary housing of less than one month duration),
hospitals, schools, colleges, and other such establishments
that have dining services, or a restaurant or bar on their
premises.
1.28 "Industrial Recyclables" means recyclables from industrial,
construction, and demolition operations, including, but not
limited to, asphalt, concrete, dirt, land clearing brush, sand
and rock.
1.29 "Industrial Solid Waste" means solid waste originating from
mechanized manufacturing facilities, factories, refineries,
construction and demolition projects, and/or publicly operated
treatment works, excluding recyclables and compostables, if
properly handled and treated excluding Hazardous or Toxic
Waste.
1. 30
11 Inert"
ceramics,
mirrors.
means materials such
earthen cooking ware,
as concrete, soil, asphalt,
automotive safety glass, and
1.31 "Improper Disposal" means the discarding of any item or items
upon public or private premises that where not generated on
the premises as a part of its authorized use unless written
consent of the property owner is first obtained.
1.32 "Improper Disposal Site" means any premises that have
intentionally or unintentionally accumulated solid waste or
recyclables and/or charged a fee for accepting material
without a solid waste or composting permit from the County
Local Enforcement Agency (site code). This does not include
businesses licensed and permitted in the City to purchase
source separated recyclables.
1.33 "Incidental Waste," less than one pound of waste deposited in
a public litter bin or designated waste container to prevent
litter. Such as waste from a fast food meal deposited in a
designated waste container or public litter bin by a
pedestrian or vehicle operator.
1.34 "Industrial" means any property or generator that is engaged
in the manufacture of products including but not limited to
construction and demolition. Industrial generators are
typically serviced by roll-off box containers of 10-40 yard
capaci ties and typically generate inert materials such as
asphalt, concrete, building debris and some wood and dry green
6
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waste.
1.35 "Institutional" shall mean any premise owned and/or occupied
by local, state and federal agencies. Typically office or
education facilities with a common waste stream.
1.36 "Landfill" means a disposal system by which solid waste is
deposited in a specially prepared area which provides for
environmental monitoring and treatment pursuant to the
California Code or Regulations, California Public Resources
Code and the Federal Resource Conservation and Recovery Act.
1.37 "Large Generator" means those residential, commercial
industrial and institutional entities that generate more than
300 gallons of waste per week excluding source separated
recyclables diverted from disposal or transformation.
1.38 "Mixed waste processing" means a system of recovering
recyclables from the mixed waste stream through separation at
a processing facility, transfer station, landfill, or other
such facility instead of separation at the primary waste
generation source.
1.39 "Multi-family" means a structure or structures containing a
total of 4 or more dwelling units in any vertical or
horizontal arrangement on a single lot or building site.
1.40 "Newspaper" means newsprint-grade paper including any inserts
that come in the paper, and excluding soiled paper, all
magazines, and other periodicals, telephone books, as well as
all other paper products of any nature.
1.41 "Nuisance" means anything which is injurious to human health,
or is indecent or offensive to the senses, and interferes with
the comfortable enjoyment of life or property, and affects at
the same time an entire community or neighborhood, or any
number of persons, although the extent of annoyance or damage
inflicted upon the individual may be unequal, and which occurs
as a result of the storage, removal, transport, processing, or
disposal of solid Waste, compost, and/or designated
recyclables.
1.42 "Plastic bottle" means a plastic container with narrow neck or
mouth opening smaller than the diameter of the container body,
used for containing milk, juice, soft drinks, water,
detergent, shampoo or other such substances intended for
household or hospitality use; to distinguish from non-bottle
containers (e.g., deli or margarine tub containers) and from
non-household plastic bottles such as those for containing
motor oil, solvents, and other non-household substances.
1.43 "Pollution" means the condition caused by the presence in or
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on a body of water, soil, or air of any solid waste or
substance or derived therefrom in such quantity, or such
nature and duration, or under such condition that the quality,
appearance, or usefulness of the water, soil, land, or air is
significantly degraded or adversely altered.
1.44 "Processing" means the reduction, separation, recovery,
conversion, or recycling of any component(s) of solid waste.
1.45 "putrescible Wastes" means the waste in organic material with
the potential decomposition capacity to emit noticeable
quantities of odor and gas by-products. Material in this
category includes, but is not limited to kitchen waste, dead
animals, food from containers, etc., except organic wastes
separated therefrom and used in composting.
1.46 "Recyclables" means any materials that are recyclable,
reclaimable, and/or reusable within the following generating
categories: small generator an large generator. Any material
having an economic value on the secondary materials market or
that is otherwise salvageable shall be included and/or other
materials that have been separated from other small or large
generators for the purposes of being recycled for resale
and/or reuse, and placed at a designated recycling or waste
collection or storage location or in a designated recycling or
waste container for the purpose of collection and processing,
or any such designated recyclables materials collected under
a mixed waste processing program.
1.47 "Recycling" shall mean any process by which materials which
would otherwise be discarded, deposited in a landfill or
transformation facility and become Solid Waste are collected
(source separated, commingled, or as "mixed waste"), separated
and/or processed and returned to the economic mainstream in
the form of raw materials or products or materials which are
otherwise salvaged or recovered for reuse.
1.48 "Refuse" means garbage and rubbish.
1.49 "Removal" means the act of taking solid wastes or designated
recyclables from the place of generation either by the
contract or Franchise agent(s), or by a person in control of
the premises.
1.50 "Removal frequency" means frequency of removal of solid wastes
or recyclables from the place of generation.
1. 51
"Residential" for purposes of this
building or portion thereof designed
the residence or sleeping place of
including single and multiple family
hotels, boarding and lodging houses.
Franchise, means any
or used exclusively as
one or more persons,
dwellings, apartment-
Residential does not
8
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include short-term residential uses, such as
cabins, or hostels which are regulated
establishments.
motels, tourist
as hospitality
1.52 "Roll-Off Service" means service provided for the collection,
removal and disposal of industrial waste such as construction,
demolition and other primarily inert non-putrescible wastes
and green wastes. Roll-off Service is usually provided using
metal containers of ten to forty cubic yards that are open on
the top with doors on one end.
1.53 "Rubbish" means non-putrescible solid wastes such as ashes,
paper, glass, bedding, crockery, plastics, rubber by-products
or litter. Such materials that are designated as recyclable
or compost may be exempt from categorizing as rubbish provided
such materials are handled, processed and maintained in a
properly regulated manner.
1. 54
"Salvaging or salvageable" means the
authorized storage and removal of solid
recyclables or recoverable materials.
controlled and/or
waste, designated
1.55 "Scavenging" means the uncontrolled and/or unauthorized
removal of solid waste, designated recyclables or recoverable
materials. Such activity is unlawful and is a misdemeanor
punishable by up to six months in jail and $1,000 in civil
penalties under section 8.24.200, 8.25.080 of the Chula Vista
Municipal Code and Chapter 9 Section 41950 of the California
Integrated Waste Management Act of 1989.
1.56 "To segregate waste material" means any of the following: the
placement of designated recyclables in separate containers;
the binding or bagging of designated recyclables separately
from other waste material and placing in a separate container
from refuse, or the same container as refuse; the physical
separation of designated recyclables from other waste material
(either at the generating source, solid waste transfer
station, or processing facility) .
1.57 "Small Generator" means those residential, commercial
industrial and institutional entities that generate less than
300 gallons of waste per week excluding source separated
recyclables diverted from disposal or transformation.
1.58 "Solid Waste" means all putrescible and non-putrescible
solid, semi-solid and liquid wastes, such as refuse, garbage,
rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, manure, vegetable or animal solid
and semi-solid wastes, and includes liquid wastes disposed of
in conjunction with solid wastes at solid waste
transfer/processing stations or disposal sites, which are
9
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generated by Residential, Commercial or Industrial sites
within the City. Solid waste shall not include: hazardous and
infectious waste, sewage collected and treated in a municipal
or regional sewage system or materials or substances having
commercial value or other importance which can be salvaged for
reuse, recycling, composting or resale.
1.59 "State" shall mean the State of California.
1.60 "Storage" means the interim containment of solid wastes, yard
wastes, or recyclables in an approved manner after generation
and prior to disposal, collection or processing. (Interim
means for one week or less, roll-off containers may store non-
putrescible waste for up to thirty days.)
1.61 "Streets and Byways" shall mean the public streets, ways,
alleys and places as the same now or may hereafter exist
within said City, including state highways now or hereafter
established within said City.
1.62 "Tin and bi-metal cans" means any steel food and beverage
containers with a tin or aluminum plating.
1.63 "Transfer or processing station" means those facilities
utilized to receive solid wastes and to temporarily store,
separate, convert, or otherwise process the solid waste and/or
recyclables.
1.64 "Unit" means an individual residence
residential multi-family complex.
contained
in
a
1.65 "White goods" means kitchen or other large enameled appliances
which includes, but is not limited to, refrigerators, washers,
and dryers.
1.66 "Wood Waste" means lumber and wood products but excludes tree
stumps in excess of 100 pounds, more than incidental dirt or
rock, plastic, glass, metal, painted or treated wood, plywood,
particle board or other manufactured products that contain
glue, formaldehyde, non-organic or non-biodegradable
materials.
1.67 "Vector" means any nuisance such as odor, unsightliness sound
or, a carrier, usually insects or rodents, that is capable of
transmitting a disease.
1.68 "Yard waste" means the leaves, grass, weeds, and wood
materials from trees and shrubs from the single family and
multi-family residential sources of the City's Green waste (to
include landscape haulings from residential sources).
Acceptable materials for collection include all yard waste as
herein defined, excluding palm fronds, treated or processed
10
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wood or lumber, bulky waste or any other materials as shall be
determined by the City as to not be salvageable. All
acceptable yard waste shall be void of nails, wire, rocks,
dirt or any other material that is not considered yard waste.
2. Grant of Franchise.
2.1.
In General.
City hereby grants to Pacific, subject to the terms and
conditions set forth herein, an exclusive Franchise ("Franchise")
to collect and dispose of, for a fee, Solid Waste and Franchised
Recyclables from residential, commercial and industrial sites
within the City, in the manner and on the terms specified herein,
and to use for such purposes the City Streets and Byways. This
Franchise is granted pursuant to the authority and subject to the
terms and conditions contained in Article XII, Sections 1200
through 1206 of the City Charter, and Chapter 8.23 of the Chula
Vista Municipal Code. This Franchise is granted upon each and
every condition herein contained, and shall be strictly construed
against Pacific. Nothing shall pass by the Franchise granted
hereby to Pacific unless it be granted in plain and unambiguous
terms. Each of said conditions is a material and essential
condition to the granting of the Franchise.
2.2 Exclusive Nature of Franchise.
2.2.1 During the Term of this Franchise, except as
hereinafter otherwise provided, or except as may otherwise be
required by federal or state law, the rights granted to Pacific
under this Franchise shall be exclusive to Pacific, and City will
not let any contract to, or enter into any contract with, any other
person, firm, or corporation for the performance of the services
herein required to be performed by Pacific. City shall protect
Pacific's rights to such exclusive contract by proper ordinances,
and by reasonable enforcement thereof.
2.2.2 Such exclusive rights shall not extend to Solid
Waste or Recycling Services which cannot be exclusively franchised
under federal or state law. In addition, this grant of exclusive
Franchise is not intended and does not preclude duly licensed City
based non-profit organizations and community groups from conducting
recycling programs for the purpose of raising funds, nor does it
preclude a person from selling or otherwise disposing of their own
recyclables at a buy-back center or from donating their own
recyclables, so long as said collection(s), donation(s) or sale(s)
do not occur at Designated recycling collection or storage
location(s) . Pacific and City hereby expressly exclude from
Pacific's exclusive rights hereunder the picking up, gathering, and
removal of refuse pursuant to a competitively bid contracts between
state agencies or local districts and a City authorized City trash
franchisee.
11
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3. Term.
The Franchise term ("Term") shall commence on September 4,
1997 and shall terminate on September 4, 2002, unless earlier
terminated in accordance with the provisions hereof.
4. Consideration.
4.1 Franchise Fee.
4.1.1 In consideration of City's Grant of the Franchise,
Pacific shall pay to the City eight percent (8%) of Pacific's Gross
Receipts ("Franchise Fee"). City shall have the right to decrease
the Franchise Fee at any time by resolution of the City Council.
City shall also have the right to increase the Franchise Fee by
resolution of the City Council up to a maximum amount of ten
percent (10%). No increase or increases shall exceed one-half
percent (1/2%) within any twelve (12) month period. City agrees to
notify Pacific at least 45 days prior to the effective date of any
proposed Franchise Fee increase. Ci ty agrees to coordinate,
whenever possible, the concurrent imposition of any pending
Franchise Fee, or regulatory fee increases with any pending service
rate increases by Pacific. It is understood that any increase in
the Franchise Fee by the City shall be cause for the Pacific to
increase charges in order to immediately "pass through" the cost of
the Franchise Fee to Ratepayers.
4.1.2 Pacific shall file with the director of finance
of City on a monthly basis, a duly verified statement showing in
detail the total Gross Receipts of Pacific during the preceding
month or fractional month from the collection and disposal of Solid
Waste and Franchised Recyclables within the City. Pacific shall
pay to City within fifteen (15) days after the time of filing of
such statement, in lawful money of the United States, the aforesaid
percentage of its total Gross Receipts for such month, or such
fractional month, covered by such statement, plus any and all City
imposed fees collected by Pacific pursuant to Section 6.2.17
hereof.
4.1.3 The acceptance by City of payments of the
Franchise Fee shall be without prejudice to City's right to an
examination of Pacific's books and records maintained with respect
to the calculation thereof in order to verify the amount of
Pacific's Gross Receipts. At any reasonable time within three
years after receipt of any statement furnished it by Pacific as
provided in Section 4.1.2, above, and upon fifteen (15) days prior
written notice to Pacific, City may cause a special audit to be
made of Pacific's books and records relating to the calculation of
the City's Franchise Fee for the period covered by the statement.
Such audit shall be conducted during regular business hours and
otherwise in such a manner as to avoid disruption of Pacific's
12
/191/-11'/11
operations. Except as provided below, the cost of such audit shall
be borne by City. If it shall be determined that there has been an
error in the payment of the Franchise Fee, then a reconciling
payment or credit shall be made. If it is determined that the
error exceeded three percent (3%) of the amount owed for the period
covered by the audit, and such error is to the disadvantage of
City, then Pacific shall also reimburse City for the cost of the
audit.
4.2 Free Disposal for City Business.
Commencing as of July 1, 1998 and for the remainder of the
Term, City crews and City contractors (with specific written City
approval) on City business shall not be charged tipping fees for
Solid Waste delivered by City or its agent to the Otay Landfill.
Notwithstanding the foregoing, tipping fees may be charged to the
City under this Section if the tonnage deposited in the Otay
Landfill in anyone calender year exceeds ten percent (10%) of the
total tonnage of Solid Waste deposited in the Otay Landfill from
all City generators in that same twelve month period; such tipping
fees may be assessed only with respect to the tonnage exceeding
this 10% figure. Under all circumstances, City crews or their
subcontractors shall be allowed to take clean yard waste to ORW at
no charge, or another such operator selected by City.
4.3 City Desiqnation as "State Curbside Operator".
As of the effective date of the Franchise, Pacific will
redesignate the City as "State Curbside Operator" with the
Department of Conservation, Division of Recycling, for the purposes
of all California Redemption Value ("CRV") materials collected in
Chula Vista by Pacific within 30 days of the effective date of the
Agreement and deliver annual CRV bonus payments (pursuant to PRC
214549.6(a)), and all revenue from new advanced disposal fees or
incentive fees developed in the future, excluding only the current
2.5 cents per 24 ounce and under and 5 cents per 32 ounce and over
carbonated non-juice beverage containers listed as CRV. City shall
be entitled to the CRV bonus payment payable in 1998 ($24,449.50),
and to all future CRV bonus payments which accrue during the Term.
Funds accrued to the City under this section shall be used to
support recycling public education, printing, promotion and
incentive programs. Pacific shall not materially charge its
collection or processing methods or subcontracts in such a way as
to adversely affect CRV amounts to be paid to the City without
City's prior written approval.
5. Compliance with Laws and Directives.
5.1
State of
bound by
thereto,
Pacific shall comply with all laws and regulations of the
California and the City. Further Pacific agrees to be
all provisions of the Municipal Code, or any amendments
or other ordinances that might affect the collection or
13
}'19-"~
disposal of Solid Waste or Franchised Recyclables in the City. It
is understood that the Municipal Code is intended to set minimum
standards and that higher standards and regulations may be required
under this Franchise. Pacific agrees to cooperate with City in
reaching a modification to this Franchise to the extent required by
law at anytime it should be deemed necessary in the future.
5.2 In addition, at all times during the Term of this
Franchise Pacific shall perform its obligations hereunder to the
satisfaction of the City Manager (or a delegate thereof) who shall
have the right, consistent with the terms and conditions of this
Franchise, to issue orders, directions and instructions to Pacific
from time to time with respect to the collection, transportation,
and removal of Solid Waste and Franchised Recyclables, the
performance of Pacific's services hereunder, and the Pacific's
compliance with the provisions of the ordinances of the City of
Chula Vista as they now exist or may from time to time be amended,
and Pacific agrees to comply therewith.
6. Services to be Provided.
6.1 In General.
Pacific undertakes and agrees, for the consideration set forth
herein, to collect, pick up, remove and dispose of, all Solid Waste
and Franchised Recyclables which are generated or accumulated by or
upon all property located within the jurisdictional boundaries of
the City during the Term of this Franchise, except as herein
otherwise provided, subject to and in accordance with the terms and
provisions hereof. Pacific shall furnish all labor, equipment, and
vehicles (including adequate standby equipment and vehicles
capacity to provide the service herein required in the event of a
breakdown), and all insurance and bonds necessary to insure the
efficient and timely performance of such obligation. All Solid
Waste and Franchised Recyclables collected by Pacific shall become
the property of Pacific immediately upon the collection thereof,
and shall be forthwith removed and transported by Pacific to an
approved place of disposal, or sale, as appropriate, which shall be
provided, arranged for or furnished by Pacific in accordance with
the terms of this Franchise. The collection and removal of Solid
Waste and Franchised Recyclables shall be done in a prompt,
thorough, lawful and workmanlike manner.
6.2 Operational Plan.
The collection, removal and disposal of said Solid Waste
and Franchised Recyclables by Pacific shall be done in accordance
with an operational plan approved by the City Manager ("Operational
Plan") . The Operational Plan shall describe the routes to be
established and shall contain details regarding servicing schedule,
the equipment to be used, and alternate procedures to be followed
in the event of severe weather or equipment failures. The
14
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Operational Plan may be amended at any time by mutual agreement of
the parties. In addition, the City reserves the right to require
reasonable modifications to the Operational Plan if at any time
during the Term of this Franchise City determines that the public
interest requires a collection program differing from that which
Pacific has established, or that technological or other changes
materially affect the necessity of or level of the services
provided for hereunder. The Operational Plan shall include, at a
minimum, the programs, terms and conditions contained in this
Section and in Section 8 hereof, below. Additional performance
standards are contained in Exhibit H attached hereto.
6.2.1 Collection Times and FreQuencv. At least one
regular weekly collection shall be provided to each residential,
commercial and industrial location within the City. Pacific shall
collect all Solid Waste on its first collection pass. Pacific
shall not collect Solid Waste or Franchised Recyclables within a
residential area between the hours of six p.m. and six a.m.
Pacific shall complete all routes by 6:00 p.m. except in the event
of emergency, hazardous weather conditions, natural disaster or
other unforeseen circumstances beyond Pacific's control. With
prior written permission of the City Manager, this time frame may
be modified.
6.2.2 Holidavs. The following shall be considered
legal holidays where collection services shall not be required for
purposes of this Franchise: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Any other days must have prior written approval from the City.
When a regularly scheduled residential collection falls on a legal
holiday, the collection for that day and succeeding days of that
week shall be rescheduled one day later. Holiday disruptions of
commercial collections shall be handled in a manner mutually
agreeable to the Pacific and individual customers.
6.2.3 Containers; Type and Location. Pacific shall
provide bins as required for commercial and industrial customers or
whenever other customers of Pacific request their use. Each bin
shall be placed in an accessible, outside location according to
individual agreements with each customer. Any new or replacement
bins shall be fitted with plastic lids. Pacific shall color code
all Solid Waste, Recycling and Yard Waste containers as soon as
possible, but in no event later than 3 years after the effective
date hereof, in a manner approved by City. At City's election, at
the end of the Franchise Term (September 4, 2002) Pacific shall be
required to transfer ownership to City and City shall accept all
operable Solid Waste, Recycling and Yard Waste carts, bins or
containers (excluding metal containers of one yard capacity or
greater) in exchange for City's payment to Pacific of an amount
equal to 20% of the original wholesale cost of all of such
containers which are 5 years old or less.
15
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6.2.4 Public Place Containers. Pacific agrees to
provide and maintain litter containers for the use of the general
public for public areas such as plazas and rights-of-way other than
parks and those publicly owned facilities maintained by the City as
specifically designated by resolution of the City and to empty and
dispose of the contents as necessary. Pacific shall provide
standard litter bins, with covers and signage approved by City, at
locations requested by City within 96 hours of City's request.
Materials deposited in such bins shall be collected weekly or bi-
weekly with residential or commercial waste.
6.2.5 Notice of Collection Schedule. Pacific shall
prepare and furnish to all customers not less than four (4) days
prior to the beginning of, or change in service, schedules setting
forth the days on which the collections shall be made. Notice
shall be in such form as is first approved by the City Manager or
a designee thereof.
6.2.6 Local Operations and Manaqer. Pacific shall
maintain its offices and service fleet at its current facility on
Energy Way in the City, or at another appropriate location within
the City. Pacific shall at all times during the term of this
Franchise have the general market manager for the San Diego region,
or the general operations manager for the San Diego region at its
Chula Vista offices and charged with the responsibility for
supervision of the Franchise operations and obligations of Pacific.
6.2.7 Construction Demolition Proqram. Pacific shall
implement construction demolition recommendations attached hereto
as Exhibit A and incorporated herein by this reference.
6.2.8 Sinqle Can Service for Seniors. Pacific shall
convert the existing reduced price special bag service available to
senior citizens to a reduced price single can program for senior
citizens with scheduled billing comparable to standard residential
curbside services within 180 days of City approval of the
Franchise.
6.2.9 Missed pick-Ups. In case of a missed pick-up
called in by a resident, Pacific shall, where possible, provide
collection within 24 hours. If unable to accommodate due to
inadequate notice, the resident shall be so notified and the
materials shall be picked up on the next scheduled collection day.
Information on missed pick-ups shall be logged by Pacific and shall
be available to City upon request.
6.2.10 Special Events and Free Disposal Davs. Pacific
shall cooperate with the City in carrying out special events to
improve community appearance. Such cooperation shall include, but
not be limited to, Pacific's provision of free solid waste and
recycling containers and collection services for at least two to
special public events sponsored by the city. Additional events may
16
1'11-1#
be serviced at Pacific's discretion. Free services shall not be
offered to special event organizers other than the City until such
parties have submitted a plan to the City's Conservation
Coordinator and received his or her approval thereof. Special
events shall include, but not be limited to, Harbor Days, Chula
Vista Expo, Arturio Barrios and Youth runs, Boni tafest, Lemon
Festival, Christmas Parade, Community Clean-up days, and the semi-
annual free disposal days. In addition, Pacific will provide two
annual one-day collection events at a location and time approved by
City where customers of Pacific within the City may dispose of
Solid Waste at no additional charge.
6.2.11 Bulkv Waste. Pacific shall institute and carry
out for the Term of the Franchise a free Bulky Waste pick up
program for single family residential and a limited Bulky Waste
pick-up program for multi-family residential generators in
accordance with the terms and conditions set forth on Exhibit "B"
attached hereto and incorporated herein by this reference.
6.2.12 Eauioment Soecifications and Maintenance.
Initially, and throughout the Term, the average age of all
regularly assigned collection vehicles must be not more than four
(4) years, and all must be radio controlled. All truck bodies will
be specifically designed and manufactured for mechanized refuse
collection, completely enclosed, all-metal, watertight and capable
of withstanding internal fires. Pacific shall clean and wash all
trucks at least once each week and shall otherwise keep them clean,
neat and in a sanitary condition at all times. All vehicles shall
be field inspected by someone other than the driver on a regular
basis, but not less than quarterly, for solid or liquid leakage.
All leaks discovered shall be immediately repaired. Pacific shall
paint its name and telephone number on the side of each truck and
on all drop bodies and similar equipment in letters not smaller
than four inches high or use a decal approved by the City council.
Each vehicle shall at all times have in the cab, the registration
of the truck, certificate of insurance card and an identification
card with the name of whom to telephone in case of an accident.
Each vehicle shall also be equipped with a five-pound fire
extinguisher certified by the state fire marshal, as well as a
two-way radio. All graffiti on equipment shall be promptly
removed, by no later than 2 weeks after the earlier to occur of
Pacific's discovery or City's notice to Pacific thereof. All of
Pacific's equipment may be inspected at the discretion of the City
Manager or any other appropriate agency at the point of operation
at any time.
6.2.13 Soillaae. Pacific shall exercise all reasonable
care and diligence in collecting Solid Waste and Franchised
Recyc1ables so as to prevent spilling, scattering or dropping of
Solid Waste or Franchised Recyclables, and shall immediately, at
the time of known occurrence, or upon notification by the City,
clean up any spillage.
17
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6.2.14 Disposal of Solid Waste. Pacific shall dispose
of Solid Waste, at its expense, at a City authorized landfill or
transfer station, in accordance with all federal, state and local
laws and regulations. Pacific shall not change the location of
final disposition or dispose of waste generated in the City by land
application, incineration, waste to energy or any other form of
transformation without first obtaining City approval.
6.2.15 Emplovees. Pacific guarantees a top quality
service by industry standards; competent, qualified, sober and
uniformed personnel who serve the public in a courteous, helpful
and impartial manner. Subj ect to all applicable laws, and the
provisions of collective bargaining agreements negotiated in good
faith (a) the City may, at its option, require fingerprinting of
Pacific's employees or agents whose service will cause them to
enter onto or work in close proximity to private property; and (b)
Pacific shall hire employees without regard to race, religion,
color, national origin, sex, political affiliation, or any other
non-merit factor. Any employee driving a vehicle shall at all
times have in his possession a valid and appropriate vehicle
operator's license issued by the state. Pacific and its employees
and agents shall be required to wear clean clothing of a uniform
type when engaged in refuse collection service on public streets.
6.2.16 Inauiries and Complaints.
a. Telephones will be attended by competent personnel
providing live customer response from 8:00 a.m. to 6:00 p.m. on
regular work days, eight a.m. to twelve noon on Saturdays, and an
answering service shall be provided after hours, weekends and
holidays.
b. Pacific shall have formal and auditable complaint
procedure. Upon request, the City will be provided details of any
complaints, including the resolution thereof. Pacific shall make a
good faith effort to return such calls by noon the next business
day. Pacific shall check with the City by fax or telephone at 3:30
p. m. each service day to obtain information regarding complaints or
inquiries and shall resolve all collection issues by 6:00 p.m. the
next business day. Pacific shall staff its phones such that the
average wait time to reach a customer representative does not
exceed 90 seconds for an standard calendar week and is otherwise
not excessive.
6.2.17 Billina. Pacific will provide the billing and be
totally responsible for the collection of payments, including City
imposed fees for remittance to the City. Pacific shall include the
City Quarterly and other City inserts in its billing statements.
Pacific shall implement an account information fax/hotline for
property owners and managers. Pacific shall place due dates on all
invoices near the amount owed in a manner that provides clear
notice. Residential customers shall not be billed more than three
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months in advance. Service shutoff for nonpayment shall not be
instituted before thirty days after initial billing and after
sufficient notification. Commercial billing shall be monthly in
arrears of service.
6.2.18 Public Information. Pacific shall annually
update a brochure for all classes of new customers and distribute
same to the new customers. City shall have one week advance notice
to review and approve public information before distribution,
including billing inserts and handouts.
6.2.19 Taqqinq and Penalties. Pacific shall "tag" and
collect (as trash, if necessary) inappropriate disposal on its
first pass, and shall provide City a monthly report of same. In
the event that the City adopts a system for imposing penalties on
generators which violate applicable Municipal Code provisions in
substantially the form attached hereto as Exhibit "C", Pacific
agrees to implement same.
6.2.20 Reports. Monthly, quarterly and annual reports
shall be provided to the City Conservation Coordinator regarding
Franchise operations. Monthly reports shall be provided on the
22nd day of each month for the prior month. Quarterly reports
shall be provided on the 22nd day of the first month after each
calendar year quarter for the prior quarter. Annual reports shall
be provided by February 16 of the subsequent year. Unless
otherwise agreed upon by the parties, the contents of the reports
and their format shall be in substantially the form attached hereto
as Exhibit "D".
6.2.21 Notice of Chanqes to Equipment. Pacific shall
notify City prior to entering into any contract for the purchase of
any vehicle, or to changing the color or signage on same, and shall
meet and confer with City in order to determine the appropriateness
of same.
6.2.22 Industrial Roll-Off Service. Industrial Roll-Off
Services shall be fully mobilized by Pacific and available to
Ratepayers within sixty days after the City Adoption Date of the
Franchise ("Full Roll-Off Mobilization Date"). Unauthorized Roll-
Off Service providers currently operating within the City shall not
be subject to City enforcement measures until the earlier to occur
of the Full Roll-Off Mobilization Date or the expiration date of
any Roll-Off Service contract between an unauthorized provider and
a Ratepayer existing as of the City Adoption date.
7. Rates for Collection and Other Services.
7.1 In General. In consideration of Pacific's provision of
Solid Waste and Recycling services in accordance with the terms of
this Franchise, Pacific shall be permitted to charge service fees
to those City residents and businesses utilizing such services
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("Ratepayers"); provided, however, in no event shall the service
fees charged exceed the maximum rates established by City under
this Section 7 ("Maximum Rates") .
7.2 Initial Collection Rates. The initial Maximum Rates
charged by Pacific and paid by Ratepayers for Solid Waste and
Recycling services provided by Pacific under this Franchise shall
be those set forth on Exhibit "E" attached hereto and incorporated
herein by this reference.
The Maximum Rates set forth on Exhibit "E" shall remain in
effect from the beginning of the Term until June 30, 1999.
Thereafter, the Maximum Rates shall be subj ect to increase by
Pacific in accordance with the terms of Section 7.3 hereof, below.
7.3 Pacific's Riqht to Increase Collection Rates.
7.3.1 Commencing on June 30, 1999, and upon each one
year anniversary thereof for the remainder of the Term, the Maximum
Rates (excluding any Franchise Fees or other "pass-throughs") shall
increase by an amount not to exceed the product of the previous
year's rate multiplied by fifty percent (50%) of the percentage
increase in the San Diego area Consumer Price Index for All Urban
Consumers (all items) published by the United States Department of
Labor, Bureau of Labor Statistics for the latest twelve-month
period for which statistics are available ("Applicable CPI
Increase"). For example, assume that the Maximum Rate for Single
Family Residential Service as of June 30, 1999 was $13.20 per
month, and that the Applicable CPI Increase was two and seven-
tenths percent (2.7%). For the twelve month period commencing on
July 1, 1999, Pacific would have the right to charge a Single
Family Residential Service rate of up to $13.36. In the event
that the Consumer Price Index referred to above shall no longer be
published, then another similar generally recognized index may be
substituted upon approval by the City Manager.
7.3.2 Pacific's right to increase a service rate as
provided above is contingent upon Pacific providing written notice
of a proposed increase including proposed rates for all generator
classes of fees to the City and all affected Ratepayers by no later
than 45 days prior to the effective date of the proposed increase.
At City's discretion, failure to comply with this notice
requirement may by deemed to be a final decision by Pacific not to
increase rates for the upcoming year. Notwithstanding the
foregoing, if Pacific does not elect to increase a service rate in
any year, or does elect to increase a service rates, but not up to
the applicable Maximum Rate for such year, the applicable Maximum
Rate for such year shall become the base Maximum Rate for purposes
of determining the increased Maximum Rate for the ensuing year such
that its unused capacity to increase rates in any given year shall
be carried forward to subsequent years. If Pacific elects not to
increase service rates up to the Maximum Rate for any given year,
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upon City's request, Pacific agrees to meet and confer with
discuss the expected timing and amounts of possible
imposition of service rate increases.
City to
future
7.3.3 Pacific agrees to coordinate, whenever possible,
the concurrent imposition of any pending service rate increase with
andy pending Franchise Fee or regulatory fee increases by City.
7.4 Senior and Other Preferred Rate Schedules.
The City Council may, at anytime, establish a program for
preferential rates for senior citizens or other classifications
which are deemed to be in the public interest. Prior to adopting
a preferential rate, City shall notify Pacific and provide Pacific
an opportunity to appear before the City Council to express its
view of any such proposed action.
7.5 Variable Rate Structure.
Pacific agrees to discuss with the City the concept, design
and implementation of a change in rate structure from a fixed rate
to a rate structure which would vary based on the number and size
of containers, or such other basis which the City believes would
provide an incentive for waste reduction.
7.6 Most Favored Nation Rate.
7.6.1 Notwithstanding any provision in this Section to
the contrary, in the event that, during the Term of this Franchise,
Pacific, or any Affiliate thereof, agrees to a service rate or
rates under a waste management Franchise within the County of San
Diego which is/are lower than the service rate or rates then in
effect for the corresponding service (s) within the City, then,
Pacific shall immediately charge such lower service rate(s) to City
Ratepayers. For purposes of comparing City service rates with
those offered by Pacific, or an Affiliate thereof, in another
Franchise within the County of San Diego, any locally imposed fees
(e.g., local Franchise fees or surcharges) shall first be
subtracted so as not to be a component of the service rate
comparison. Pacific's obligations under this Section shall not
apply to the commercial service rate currently, or in the future,
provided to the City of Imperial Beach.
7.6.2 In the event that the lower service rate or rates
that formed the basis for downward adjustments in the City service
rates are subsequently increased in the other Franchised
terri tories, Pacific shall have the right, after meeting and
conferring with City to coordinate timing issues, to make a
corresponding increase in the corresponding City rate(s); provided,
however, in no event shall such increased rate exceed the maximum
rate that would have been chargeable pursuant to the City's
standard rate structure as set forth in Sections 7.1 and 7.2
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hereof, calculated as if no initial downward adjustment in City
rates had been made.
7.7 Miscellaneous Service Rates.
The Maximum Rates charged by Pacific and paid by Ratepayers
for the miscellaneous non-collection Solid Waste and Recycling
services provided by Pacific under this Franchise ("Maximum
Miscellaneous Service Rates") shall be those set forth on Exhibit
~ attached hereto and incorporated herein by this reference.
These Maximum Miscellaneous Service Rates shall remain in effect
without increase throughout the Term of the Franchise.
7.8 Commercial Rates for Cardboard/Mixed Paper.
Effective as of September 1, 1998, corrugated cardboard and
mixed paper service charges to commercial customers shall not
exceed a maximum charge of $25 per month per pickup with respect to
3 to 8 yard bins. Adjustments for current customers will be
handled by Pacific on a case by case basis. Pacific and City
agrees to jointly promote the new rate to all future customers.
7.9 Pacific's Reserved Riqht to Request Increases Based on
Extraordinarv Circumstances.
Notwithstanding the foregoing, Pacific may submit a request to
the City Council for additional rate relief at any time
extraordinary expenses are incurred beyond Pacific's control. City
Council reserves the right to approve or disapprove such a request
in its sole discretion.
8. Recycling Services.
8.1 In General. Pacific agrees
labor, services, materials and equipment
multifamily and commercial recycling
Recyclables on the terms and conditions
to provide all necessary
to implement residential,
services for Franchised
set forth below:
8.2 Collection.
8.2.1 Sinqle Familv Residential. Pacific shall collect
and remove all Franchised Recyclables which are placed in a
designated recycling container at the curbside on public streets,
from all single-family residences. Pacific shall collect the
Franchised recyclables once each week, regardless of weather
conditions. Collection will be on the same day of the week as the
regularly scheduled trash collection day. Pacific and City will
mutually agree to any changes in collection day. Pacific will
notify residents of any changes in the collection day by
distributing a flyer no later than two weeks prior to the affected
day. Unless Pacific obtains City's prior written approval, Pacific
shall not change the current method of source separated collection
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at the curb for the following materials: (a) news print (ONP) , (b)
mixed residential paper (MRP) , (c) corrugated cardboard (OCC) , (d)
rigid containers, including glass, tin, bi-metal, steel aluminum,
and plastic No.1 and No.2 plastics.
8.2.2 Multi-Familv Residential. Pacific shall convert
all current Multi-Family complexes of nine units or less to
curbside recycling rates and services in accordance with the
implementation schedule attached hereto as Exhibit "F". All future
Multi-Family complexes of nine units or less shall be served
through Curbside recycling. Mixed paper recycling services shall
be provided to multi-family complexes of ten units or more in
accordance with the implementation schedule attached hereto as
Exhibit "F". Collection will be on regularly scheduled days as
shall be arranged with the building property owner, manager or
designated agent thereof. Pacific and City will mutually agree to
any changes in collection schedule frequencies or removal
frequency. Pacific will notify the building property owner,
manager or, designated agent thereof, of any changes in collection
day(s) by written notification no later than two weeks prior to the
affected day. Unless Pacific obtains City's prior written
approval, Pacific shall not change the current method of source
separated collection at the designated recyclirig area for multi-
family complexes of 10 or more units for the following materials:
(a) news print (ONP) , (b) mixed residential paper (MRP) , (c)
corrugated cardboard (OCC) , (d) rigid containers, including glass,
tin, bi-metal, steel aluminum, and plastic No. 1 and No. 2
plastics.
8.2.3 Commercial. Pacific shall provide free rigid
container cart service for Hospitality and Retail businesses under
5,000 square feet, and free rigid container bin service for
Hospitality businesses of 5,000 square feet or greater selling
beverages, within sixty (60) days after City approval of this
Franchise. Pacific may subcontract the recycling services provided
under this Section to a third party subject to City's prior
reasonable approval. Pacific and City shall meet and confer in
order to establish reasonable terms and conditions for this service
which both serve the City's diversion obligations, and Pacific's
interests in avoiding unauthorized use of the free service by non-
qualified businesses. In addition, Pacific agrees to meet and
confer with the City in order to develop and implement a Green
Waste recycling incentive program for all commercial Green Waste
generators within 90 days of the approval of the Franchise.
8.2.4 Citv-Wide. Pacific shall provide free mixed paper
or rigid container drop-off collection services at current state
designated convenience zone locations and additional locations
reasonably identified by City.
8.2.5 Christmas Trees. Christmas tree recyclables shall
be picked up at no additional charge at all single family and
23
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multi-family locations in accordance with the program attached
hereto as Exhibit "8".
8.3. Vehicles. Design of collection vehicles shall be done to
limit the contamination and maximize the resale value of collected
Franchised Recyclables. Any and all changes to the established
means of collection of Franchised Recyclables, as herein outlined,
shall be approved by the City in advance, including any changes in
the way that the Franchised Recyclables are collected (separated
and/or commingled), design of vehicles, etc.
8.4 Containers.
8.4.1 Sinqle Familv and Multi-Familv Curbside. Pacific
shall purchase and distribute curbside recycling containers to be
used by each eligible single family and multi-family residential
customer included in the program. The type and cost of container
to be used, or changes of container type shall be approved by the
City prior to purchase and distribution. Pacific shall retain
ownership of the containers subject to City's right to purchase set
forth in Section 6.2.2 hereof. Each residence eligible to
participate in the program will receive one container. If Pacific
determines that the volume of recyclable material exceeds the
capacity of the one container, additional containers shall be
provided at no cost to the resident. Replacement of containers that
are stolen and/or damaged shall be made at no cost to the resident
at Pacific's discretion. Pacific will be responsible for keeping
records and making them available to the City regarding additional
containers requested, and the reason for the request, e.g. damaged,
stolen, needed to handle residence recyclables beyond capacity of
one container.
8.4.2 Larqe Multi-Familv. Appropriate container{s)
shall be provided for use at each Multi-Family complex not provided
Curbside collection service for each unit under Section 8.2.2.,
above. Such container (s) shall meet the space restraints and
collection needs of the respective complex and the residents
therein. Said containers may include 90 gallon carts on wheels, 2
cubic yard bins or 3 to 8 cubic yard bins. Each container shall
conform to the following: slots in lids for placement of beverage
containers (circular holes of appropriate sizes) and
newspaper/mixed paper (narrow slots of appropriate size); plastic
containers should include recycled plastic content; be fire
resistant; be of durable quality and warranty; be heat stamped or
labeled for commodity; be clearly labeled on the lids and the front
facing of the bin, in Spanish and English (with graphics) as to the
designated recyclable(s) and "No Trash"; be clearly labeled with
Pacific's name and phone number. Pacific shall provide to each
multi-family complex larger than nine units at least one exterior
recycling container per complex for commingled hard recyclables
(aluminum cans, glass bottles and jars, plastic bottles and tin and
bi-metal cans) and one exterior recycling container for newspapers
24
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or alternatively at least one, 2- or 3-8 yard divided bin that
effectively separates commingled hard recyclables from newspapers.
To the extent possible, exterior recycling containers will be
required to be placed adjacent to or near the refuse collection
containers.
8.4.3 Yard Waste; Green Waste. Pacific shall purchase
and distribute, or otherwise arrange for the distribution of yard
waste container(s) as follows:
a. Sinqle Familv. A container on wheels
(approximately 65 gallons) to be used for the
collection of yard waste shall be offered to each
eligible residential customer for purchase or rent.
Pacific shall distribute containers to all
customers requesting use of said containers. The
type of container to be used or changes of
container type shall be approved by the City prior
to purchase and distribution. Pacific shall retain
ownership of the containers unless the customers
pays in full for the container, as specified
herein.
b. Multi-Familv. An appropriate yard waste collection
and storage container(s) shall be provided for use
at each multi-family complex that meets the space
restraints and collection needs of the respective
complex and the residents therein. Said containers
may include 90 gallon carts on wheels, 2 cubic yard
bins or 3 to 6 cubic yard bins. Each container
shall conform to the following: plastic containers
should include recycled plastic content; be fire
resistant; be of durable quality and warranty; be
heat stamped or labeled for commodity; be clearly
labeled on the lids and the front facing of the
bin, in Spanish and English (with graphics) as to
the designated recyclable (s) and "No Trash"; be
clearly labeled with Pacific's name and phone.
Unless Pacific obtains City's prior written approval,
Pacific shall not change the current method of source separated
collection at residential or commercial locations for Green Waste.
8.5 Transportation of Materials.
8.5.1 In General. Except as provided below, Pacific
shall transport collected Franchised Recyclables to a central
collection point and shall retain responsibility for the sale of
such materials in a timely and efficient manner, so as to yield the
highest possible market value for the material. No non-
contaminated Franchised Recyclables shall be landfilled, unless
approved by the City. Should market failure occur for one or more
25
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material types, only the City Manager (or designee) of the City may
decide not to collect the affected material. All written
contracts, if any, with processors, recyclers or other buyers of
Franchised Recyclables shall be submitted to the City.
8.5.2 Yard Waste. In order to allow for the Yard Waste
program to fully assist the City in meeting its AB 939 obligations,
the City is interested in having the collected yard waste processed
for compost or mulch (not bio-fuel) or alternative daily cover. To
this end, the City directs Pacific to transport the collected
materials to Organic Recycling West, or another permitted facility
designated by City.
8.6 Sale of Materials. Pacific shall use its best efforts to
sell Franchised Recyclables (excluding Yard Waste) for cash at the
highest available market rates. The "Net Revenues" (defined below)
from such sales based upon an "All Materials Six Month Average"
(defined below) shall be shared between Pacific and City depending
upon the "Tonnage Diverted" (defined below), in accordance with the
following formula:
a. Where the applicable All Materials Six Month
Average is equal to or less than sixty dollars
($60) per ton, Pacific shall retain one hundred
percent (100%) of the Net Revenues, regardless of
the Tonnage Diverted during the relevant six month
time period.
b. Where the applicable All Materials Six Month
Average is greater than sixty dollars ($60) per
ton, Pacific shall receive one hundred percent
(100%) of the Net Revenues up to $60 per ton. In
addition, the amount of "Incremental Net Revenues"
(defined below), derived from the portion of the
All Material Six Month Average above $60 per ton,
shall be shared between Pacific and City, based
upon the Tonnage Diverted during the relevant six
month time period, as follows:
(1) Where the Tonnage Diverted is less than 12,500
tons, City shall receive sixty percent (60%)
of the Incremental Net Revenues, and Pacific
shall receive forty percent (40%).
(2) Where the Tonnage Diverted is equal to or
greater than 12,500 tons, but less than 17,500
tons, City shall receive fifty five percent
(55%) of the Incremental Net Revenues, and
Pacific shall receive forty five percent
(45%) .
(3) Where the Tonnage Diverted is equal to or
26
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greater than 17,500 tons, but less than 22,500
tons, City shall receive forty five percent
(45%) of the Incremental Net Revenues, and
Pacific shall receive fifty five percent
(55%) .
(4) Where the Tonnage Diverted is equal to or
greater than 22,500 tons" but less than
27,500 tons, City shall receive thirty five
percent (35%) of the Incremental Net Revenues,
and Pacific shall receive sixty five percent
(65%) .
(5) Where the Tonnage Diverted is equal to or
greater than 27,500 tons, City shall receive
thirty percent (30%) of the Incremental Net
Revenues, and Pacific shall receive seventy
percent (70%).
For purposes of this Section: "Net Revenues" shall mean
all Gross Revenues accrued by Pacific over a relevant time period
from sale of Franchised Recyclables (excluding Yard Waste), minus
any amounts paid to third parties for processing of sold
recyclables or as a broker's fee or commission. "Incremental Net
Revenues" shall mean Net Revenues less the product of $60
multiplied by the number of tons of Franchised Recyclables
(excluding Yard Waste) sold to generate such Net Revenues. "All
Material six Month Average" shall mean the average price per ton
(2,000 pounds U.S.) agreed to be paid to Pacific by purchasers of
all Franchised Recyclables sold (excluding Yard Waste) over a
relevant time period. Such amount shall be calculated by dividing
the Net Revenues generated over the relevant six-month time period
by the number of tons of Franchised Recyclables sold (excluding
Yard Waste) over that same period. "Tonnage Diverted" shall mean
all Franchised Recyclable (includinq Yard Waste) collected by
Pacific and marketed or disposed of (other than into a Landfill) in
accordance with the terms of this Franchise for the applicable time
period.
8.7 Contamination.
8.7.1 Franchised Recyclables that are contaminated due
to the placement of Solid Waste in a designated recycling
container, or inclement weather that leaves the Franchised
Recyclables unmarketable, may be landfilled. Pacific shall retain
a record of such occurrences and report said occurrences to the
City on a quarterly basis. Should contamination occur more than
twice at a single complex, said complex shall be notified. Should
contamination occur at a generator site three or more times, the
generator shall be notified and charged the necessary disposal fee
for dumping the contaminated recyclables as refuse at the landfill.
27
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8.7.2 Yard Waste, wood waste and pre-consumer food waste
that is contaminated by plastic or non-organic material may be
disposed of as Solid Waste. Pacific shall retain a record of such
occurrences and report said occurrences to the City on a monthly
basis. Should contamination of Franchised Recyclables occur at a
generator site, Pacific shall "tag" such generator and enforce City
Municipal Code provisions in accordance with the procedures
contained in Section 6.2.19 hereof.
8.8 Recvclinq Education. Immediately upon City approval of
the Franchise with respect to City's fiscal year 1998/1999, and on
July 1 of each subsequent year during the Term beginning July 1,
1999, Pacific shall pay the City $44,000 per year which City agrees
to use for purposes of partially funding a recycling public
information and enforcement program ("Recycling Education
Program"). The parties agree to meet and confer from time to time
in order to assess the effectiveness of the Recycling Education
Program, and, if necessary, to agree upon appropriate modifications
thereto. City shall have lead responsibility for directing the
development and implementation of the Recycling Education Program.
City also agrees to take such steps as may be reasonably necessary
to protect Franchised Recyclables placed at the curbside for
collection by Pacific under the terms of this Franchise and shall
reasonably enforce the existing anti-scavenging ordinance, as it
may be amended from time to time by City.
8.9 Recvclinq Proqrams Severable. The residential curbside
recycling service, the large multi-family recycling service, and
the residential Yard Waste recycling service required hereunder are
each subject to the performance standards and Franchise conditions
detailed herein. For purposes of measuring satisfactory
performance, and for enforcement purposes hereunder, Pacific agrees
that its performance of each of these individual recycling services
will be considered severable from each other, and from the Solid
Waste disposal services.
8.10 Special Termination Provisions. It is the intent of the
City that the term for the provision of each of the recycling
services shall run concurrent with the term of this Agreement,
subject to a two year notice of cancellation by the City without
cause. In addition, curbside and large multi-family recycling
programs shall each be subject to a six month cancellation in the
event Pacific fails to achieve the Minimum Performance Standards
attached hereto as Exhibit "F" and incorporated herein by this
reference.
8.11 Recvclinq Proqram Expansion. It is the City's intention
to develop a comprehensive recycling program to reduce the amount
of material being disposed of in the county landfills and to comply
with the mandates of the California Integrated Waste Management Act
of 1989 (AB 939). Pacific agrees to use its best efforts to assist
the City in meeting such mandates by adding commodities to existing
28
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programs as resale markets are identified. In addition, such
efforts shall include meeting and conferring with the City to
develop and implement a recycling program incentive for single can
users within 180 days of the Franchise. Pacific also agrees to
meet and confer with the City to direct recovered materials futures
to local manufacturers developing or improving long term markets at
a comparable or greater net value. Contracts with non-Affiliates
previously provided to and approved by City shall not be governed
by this meet and confer obligation. However, Pacific shall meet
with City to address such opportunities prior to renewing or
entering into any new contract. Both parties hereby agree that the
City may not go out to bid for the expansion of this recycling
program until after the City has met and conferred with Pacific
with regard to its intent to do so. If separate amendments to this
Franchise for refuse collection are not negotiated between the City
and Pacific as a result of such meet and confer process, the City
may go out to separate bid.
9. Insurance and Performance Bond.
9.1 Pacific agrees, at Pacific's own expense, to carry
comprehensive public liability and automobile liability insurance
coverage during the full term of this Franchise, with City also
named as an additional insured thereunder, covering liability for
bodily injuries, death and property damage, arising out of or in
connection with the operations of Pacific, under this Franchise in
an amount not less than $1,000,000 for injuries including death to
anyone person and in an amount not less than $5,000,000 for any
one accident or occurrence, and property damage in an amount not
less than $200,000. Pacific further agrees to carry, at Pacific's
own expense, workers' compensation insurance in accordance with the
laws of the State of California. All of said insurance policies,
or certificates thereof, shall be deposited by Pacific with the
City Manager together with endorsements or statements from the
insuring companies providing that such policies will not be subject
to cancellation, modification or reduction of the limits of the
policy until ninety (90) days after written notice to the City by
registered or certified mail. Such policies shall guarantee
payment of any final judgment rendered against Pacific or the City
within the coverage provided, irrespective of the financial
condition of, or any acts or omission of, Pacific. All of said
policies shall be subject to the approval of the City attorney.
9.2 Pacific shall secure and deliver to the City Manager a
twelve (12) month performance bond in the amount of $1,000,000 to
secure the full, true and faithful performance of all their terms,
obligations and conditions of this Agreement on the part of
Pacific. Pacific shall present said bond together with a
certificate from the surety showing payment in full for such bond,
to the City Manager prior to the commencement of operations
pursuant hereto and provide a one-year renewal and certificate of
payment prior to the start of each year of this Agreement.
29
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9.3 In the event of the termination or cancellation of the
insurance or bond required hereunder or the failure of Pacific to
provide such other insurance and/or bond as hereinabove provided,
prior to the effective date of such cancellation or termination,
this Franchise may be suspended or terminated forthwith by City, by
written notice thereof to Pacific. Any such suspension shall be
for such period or periods as the City Manager from time to time
may determine. No liability or obligation shall be incurred by
City in favor of Pacific by virtue of any such notice or notices or
from any such suspension or termination. In the event of such
suspension or termination by City upon the failure of Pacific to
secure and maintain on file said insurance and/or bond during the
full term of this Franchise, Pacific shall be liable for any and
all damages suffered by City arising out of such suspension or
termination.
10. Hold Harmless.
Pacific shall indemnify, save and hold harmless, City and any
officers and employees thereof against and from all damages,
judgments, decrees, costs and expenditures which City, or such
officer or employee, amy suffer, or which may be recovered from, or
obtainable against City, or such officers or employee, for, or by
reason of, or growing out of or resulting from the exercising by
Pacific of any or all of the rights or privileges granted hereby,
or by reason of any act or acts of Pacific or its servants or
agents in exercising the Franchise granted hereby, and Pacific
shall defend any suit that may be instituted against City, or any
officer or employee thereof, by reason of or growing out of or
resulting from the exercise by Pacific of any or all of the rights
or privileges granted hereby, or by reason of any act or acts of
Pacific, or its servants or agents, in exercising the Franchise
granted hereby. This hold harmless clause shall apply to any
extension of the Franchise.
11. Remedies for Default; Resolution of Dispute.
11.1 Defaults. The occurrence of anyone or more of the
following events shall constitute a material default and breach of
this Franchise by Pacific:
11.1.1 Pacific's failure to make any payment of the
Franchise Fee or any other sum due under this Franchise, as and
when due, where such failure shall continue for a period of ten
(10) days after written notice from City that such amount was not
paid on the date such payments is due;
11.1.2. Pacific's failure to observe or perform any of
the material covenants, conditions or provisions of this Franchise
to be observed or performed by Pacific, other than a monetary
default as described in Subsection 11.1.1, above, or a minor
default as described in Section 11.2.1, below, where such failure
30
/1, 1J -~f
":'
shall continue for a period of thirty (30) days after delivery of
written notice thereof from City to Pacific; provided, however, if
the nature of such default reasonably requires more than thirty
(30) days to cure, then Pacific shall not be in default in the
event that Pacific shall commence cure of such breach within the
foregoing thirty day period and diligently prosecute such cure to
completion; or
11.1.3 Pacific files for bankruptcy protection, or is
placed involuntarily into bankruptcy, control of a material portion
of its assets thereof is assumed by a receiver or trustee or
assigned for the benefit of its creditors, and such proceeding or
condition is not dismissed or vacated within thirty (30) days of
its commencement; or
11.1.4 Pacific's continuous commission of minor faults
as more specifically described in Section 11.2.1(b), below.
11.2 Remedies Upon Pacific's Default. Upon the occurrence of
any event of default by Pacific, City shall have any and all
remedies available to City at law or in equity. Without limiting
the generality of the foregoing, City shall have the following
remedies:
11.2.1 Liquidated Damaqes.
a. The City may assess liquidated damages against
Pacific for unsatisfactory performance under the terms and
conditions of this Franchise. A description of the actions or
omission which will result in damages and the monetary amount of
damages corresponding thereto is attached hereto as Exhibit "H".
City will provide Pacific with five (5) days written notice of any
proposed assessment. Pacific will have the right to appeal the
City's assessment to the City Manager in accordance with the
dispute resolution procedures set forth in Section 11.5 hereof.
b. Notwithstanding the foregoing, if more than 200
individual penalties, or ten thousand dollars ($10,000) in
aggregated damages (excluding those late fees and interest amounts
determined as a percentage of delinquent amounts due and payable to
City hereunder) are imposed with respect to any calendar quarter,
Pacific shall be in material default under the Franchise and City
shall be entitled to pursue any and all additional remedies
provided hereunder, including termination of the Franchise, but
without the obligation to provide Pacific with an opportunity to
cure.
11.2.2 Termination. If Pacific shall fail, neglect or
refuse to comply with any of the conditions of this Franchise, and
if such failure, neglect or refusal shall continue for more than
thirty (30) days after written demand by the City Manager for
compliance therewith, then City, by the City Council, in addition
31
JI~R-'o
to all rights and remedies allowed by law, thereupon may terminate
the right, privilege and Franchise granted hereby, and all the
rights, privileges and the Franchise of Pacific granted hereby
shall thereupon be at an end. Thereupon and immediately, Pacific
shall surrender all rights and privileges in and to the Franchise
granted hereby. This Franchise is also subject to terminatin by
the City in the event that Pacific fails to obtain City Council
approval for a change in ownership of its operating company in
accordance with Chula Vista Municipal Code Section 8.23.080.
11.2.3 Self HelD. In the event Pacific fails, refuses,
or neglects to collect and dispose of Solid Waste or Franchised
Recyclables set out or placed for collection at the time and in the
manner herein required, City may collect and dispose of the same or
cause the same to be collected and disposed of and Pacific shall be
liable for all expenses incurred in connection therewith. Such
remedy of City shall be cumulative and in addition to any and all
other remedies it may have in the event of such failure, refusal or
neglect of Pacific. The collection and disposal of refuse by City
or by others as aforesaid shall not be deemed an election of
remedies which shall preclude City from availing itself of
additional remedies for Pacific's breach of contract.
11.2.4 Remedies Cumulative. No provision herein made
for the purpose of securing the enforcement of the terms and
conditions of the Franchise granted hereby shall be deemed an
exclusive remedy or to afford the exclusive procedure for the
enforcement of said terms and conditions, but the remedies and
procedure outlined herein or provided, including forfeiture, shall
be deemed to be cumulative.
11.3 Ci tv's Default. City shall be in default of its
obligations hereunder as a result of a breach by City of any
material obligation required to be performed by it hereunder if
City fails to cure such default within thirty days after the
receipt of written notice from Pacific specifying such default;
provided, however, if the nature of City's default is curable, but
more than thirty days are required therefor, City shall not be in
default so long as it has commenced performance of such cure within
said thirty day period and thereafter diligently pursues the same
to completion. Upon any default by City hereunder, Pacific shall
be entitled to pursue any and all rights provided at law or in
equity. Notwithstanding the foregoing, City shall not be in
default under this Agreement for any act or omission by the City
where the City is required by law to exercise independent
legislative quasi-judicial, judicial or administrative discretion.
11.4 No Waiver of Remedies. The failure of either party at
any time to require performance by the other of a provision hereof,
shall in no way affect the right of such party entitled to
performance to enforce the same thereafter. Nor shall the waiver
of either party of any breach of any provisions hereof be construed
32
II, ~ - " I
to be a waiver of such provisions or of any succeeding breach
thereof.
11.5 Administrative Review of Disputes. Either party hereto
may give the other party written notice of any dispute with respect
to this Franchise. Such notice shall specify a date and location
for a meeting of the parties hereto at which such parties shall
attempt to resolve such dispute. The City shall keep a record of
the proceedings conducted and information presented during such
meeting. In the event that such dispute cannot be resolved by the
parties hereto within thirty (30) days, the matter may be referred
by mutual agreement of the parties to non-binding arbitration, or
by either party to legal proceedings. In the event either party
has referred a dispute to any administrative proceeding, or both
parties have referred the matter to arbitration, neither party may
act to terminate this Franchise for cause except at the conclusion
of the meeting of the parties held pursuant to this Section.
12. Renewal.
This Franchise may be renewed pursuant to Municipal Code
Section 8.23.060 which provides as follows:
Where a contract or Franchise has been entered into between
the City and an operator and the operator has satisfactorily
performed under such contract or Franchise, the City Council,
without inviting bids or proposals therefor, may, either prior
to or after the expiration of such contract, extend or renew
the same upon the same conditions or such other conditions as
the City Council may provide. The City Council shall,
however, whether considering a contract or a Franchise follow
the procedures established by Article XII of the Charter for
notice and hearing.
Notwithstanding the foregoing, Pacific acknowledges and agrees
that Pacific has no right whatsoever to require City to renew or
extend this Franchise, and City retains the right, in its sole
discretion to decide to renew or extend this Franchise, or not to
renew or extend this Franchise.
13. General Provisions.
13.1 Authoritv. Each party represents that it has full
right, power and authority to execute this Franchise and to perform
its obligations hereunder, without the need for any further action
under its governing instruments, and that the parties executing
this Agreement on behalf of such party are duly authorized agents
with authority to do so.
13.2 Assiqnment. Except as expressly provided herein,
neither this Franchise, nor any rights or interest herein, shall be
assigned by either party without the prior written consent of the
33
I'R-'~
other party. Any attempted assignment in violation of this Section
shall be void and shall constitute a material default entitling the
other party to terminate this Franchise. In addition, both parties
agree to comply with any and all provision contained in the
Municipal Code governing the change of ownership of Pacific or the
transfer of this Franchise.
13.3 Counteroarts. This Franchise may be executed in
multiple copies, each of which shall be deemed an original, but all
of which shall constitute one agreement after each party ohs signed
such a counterpart.
13.4 Entire Aqreement. This Franchise, together with all
exhibits attached hereto and other agreements expressly referred to
herein, constitutes the entire agreement between the parties with
respect to the subj ect matter contained herein. All prior or
contemporaneous agreements, understandings, representations,
warranties and statements, oral or written, are superseded.
13.5 Exhibits. All exhibits referred to herein are attached
hereto and incorporated herein by this reference.
13.6 Governinq Law. This Franchise shall be governed,
interpreted, construed and enforced in accordance with the laws of
the State of California.
13.7 Notice. Any notice that may be given to either party
under or with respect to this Franchise shall be deemed to have
been given when delivered personally or when sent by registered or
certified mail, postage prepaid, addressed as follows:
PACIFIC:
Pacific Waste Service
881 Energy Way
Chula Vista, Ca. 91911
Attn: Rick Berlin, General Market Manager
with a copy to:
Charles T. Hoge
Post, Kirby, Noonan & Sweat LLP
600 West Broadway, Suite 1100
San Diego, Ca. 92101-3302
CITY:
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca. 91910
Attn: City Manager
34
)/'8 -'3
with a copy to:
City Attorney
13.8 Successors. Subject to the restrictions on assignment
and change of ownership contained herein, all terms of this
Franchise shall be binding upon, inure to the benefit of, and be
enforceable by the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
13.9 Waiver. The waiver by one party of the performance of
any term, provision, covenant or condition shall not invalidate
this Franchise, nor shall it be considered as a waiver by such
party of any other term, provision, covenant or condition. Delay
by any party in pursuing any remedy or in insisting upon full
performance for any breach or failure of any term, provision,
covenant or condition shall not prevent such party from later
pursuing remedies or insisting upon full performance for the same
or any similar breach or failure.
[Next Page Is Signature Page]
35
"(1-''1
[SIGNATURE PAGE TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
AGREEMENT BETWEEN CITY OF CHULA VISTA AND PACIFIC WASTE INDUSTRIES]
IN WITNESS WHEREOF, Pacific and City have entered into this
Franchise Agreement effective as of the date first written above.
CITY:
City of Chula Vista, a municipal
corporation
PACIFIC:
Allied Waste Industries,
a Delaware corporation
dba Pacific Waste Services
By:
Shirley Horton, Mayor
By:
[Print Name and Title]
Attest
City Clerk
By:
Approved as to form by
[Print Name and Title]
City Attorney
H:\home\attorney\trash3.frn
36
)1,9 -/&
EXHIBIT A
Construction Demolition Guidelines
The fees, vehicles and safety equipment used for collecting standard household waste are not designed to
handle large quantities of construction or landscape debris. When building, remodeling or re-landscaping
homeowners shall be encouraged by the City and Pacific to reuse materials on site whenever possible. When
homeowners cannot reuse the materials on site they should contact Pacific Waste Systems to request an
appropriately sized demolition recycling or waste bin. Residents may also haul the waste to an appropriate
recycler or landfill themselves. Construction and demolition debris is not considered standard residential
waste.
Household waste service is not an acceptable means of disposing of landscape or demolition debris in excess
of 200 pounds. When disposing of small quantities of demolition or landscape debris please observe the
following guidelines:
A small quantity of rock, bricks, dirt, wood or other demolition debris that is generated as an
incidental part of regular home occupancy will be collected as long as the driver believes it is safe for
him and the equipment to do so,
The material must be free of protruding nails, glass or sharp objects,
The demolition debris must be less than 10% of the total waste being collected and the Pacific
collection persounel makes the final determination regarding the 10% limit.
Standard, manual trash containers must weigh less than 60 pounds when collected and an automated
container must weigh less than 250 pounds (or the maximum weight identified on the container by
manufacturer) when collected,
Wood must be free of nails, glass or sharp objects and cut into four foot lengths or less and placed into
a waste receptacle or tied into bundles weighing less than 35 pounds each,
Non painted or treated wood should also be free of nails or sharp objects and should be bundled and
placed as yard waste not trash.
Pacific shall sponsor a total of two Community Clean-up Day events per calendar year that provide
free disposal & recycling for concrete, asphalt, yard waste and other demolition debris to Chula Vista
customers.
When quoting a demolition roll-of or bin for concrete/asphalt, clean dirt and wood the customer should
be instructed to keep the items separate from each other and regular garbage so it may be recycled not
land filled.
1~f7-66 / J~R-'7
RXHIRTT B-1
Free Bulky Pick-Up Policy
Small Geuerator
The program is intended to provide residents with free collection service for bulky items generated from the
"standard" residential use of a single family dwelling. The "standard" is based on the number, frequency and
type of items generated. Items that do not meet that standard may be subject to additional fees.
Free service includes up to one free service stop per week for non-hazardous, non-infectious household
bulky items such as a sofa, chair, mattress, lawn furniture, barbeque, or appliance than can be easily
and safely moved by hand or hand truck. Free bulky service does not include items brought from
another location or generated from a business such as an auto mechanic or upholstery business
conducted at home. Such items will be subject to a fee of up to $3 per item or $25 per half hour.
Collection of more than 10 household bulky items in any week, or 60 items in any 90 day period may
be subject to a surcharge of up to $3 per item or $25 per half hour charge.
Pacific shall provide service on an on call basis, with 48 hours notice from the customer on the next
regular residential trash service day for that residence.
Whenever possible, the customer should dismantle or break down items so they may be easily and
safely collected. Each items shall weigh less than 60 pounds if they need to be removed by hand.
Items over 60 pounds shall be prepared by residents so they can be safely collected on a hand truck..
Collection of items that carmot be safely collected with a hand truck may be subject to a fee of up to
$25 per half hour or may be tagged with an explanation and left.
Collection on any day other than the standard refuse and recycling day is subject to an initial service
charge of up to $25 for up to the first five items and up to $3 for every additional item.
Loose construction demolition, yard waste and other items are not considered bulky items and should
be properly recycled or disposed of at a permitted drop-off facility or the customer may subscribe to
temporary roll-offboxlbin collection service as appropriate.
Pacific shall sponsor a total of two Community Clean-up Days per calendar year which provides Chula
Vista customers with free disposal & recycling for bulky items, yard waste and demolition debris. The
two Community Clean-up Days will be scheduled and conducted within twelve months after the
agreement. Pacific agrees to meet and confer with the City at the end of the first twelve month period
to determine if the second armual event is still necessary to reduce or eliminate improper disposal.
~II-"S"
EXHIBIT B-2
Free Bulky Pick-Up Policy
Multi-Family
The free program is intended to collect only those items generated from the dwelling units as a part of
normal residential use.
Pacific shall provide up to one free service stop per month for non-hazardous, non-infectious materials
such as a sofa, chair, mattress, lawn furniture, barbeque, or appliances that can be easily and safely
moved by hand or hand truck. Free collection does not include construction & demolition debris.
Free Service is to be provided on an on call basis, with 48 hours notice from the customer.
Collection to be performed on the same day as Residential Trash for their service area.
Items shall be dismantled or broken down so they may be easily collected and loaded. Items shall
weigh less than 60 pounds if they need to be removed by hand. Items over 60 pounds shall be prepared
by residents so they can be collected on a hand truck. Example: carpet shall be cut into four foot
widths, rolled into sections weighing under 55 Ibs and secured with twine or packing tape so that it can
also be moved by a hand truck.
All items for one complex must be ready for collection at one time and at one location in the complex
that is accessible to the Pacific bulky collection vehicle. Location to be established at the time of 48-
hour notice.
Free Collection is limited to up to 5 items for every ten units in the complex. (ie, a building with II
units gets up to 10 items a building of21 units gets up to 15 items).
Collection of more than the standard number of items will result in a charge of up to $3 per item.
Additional items that are not collectable by hand-truck will be subject to a $25 per half hour charge.
Collection on any day other than the standard day may include a service charge of up to $25 for up to
the first five items and up to $3 for every additional item.
Loose construction/demolition, yard waste and other items are not considered bulky items and should
be properly recycled or disposed of at a permitted drop-off facility (see demolition guide) or the
customer may subscribe to temporary roll-offboxlbin collection service with Pacific as appropriate.
Pacific shall sponsor a total of two Community Clean-up Day events per calendar year that provide
free disposal & recycling for concrete, asphalt, yard waste and other demolition debris to Chula Vista
customers.
I'IJ -I.'
RXHTRIT C
Proposed Set Out Fines
Fir~t Contact - Generator to be tagged and served. Item(s) should be collected either as a recyclable, bulky
item or trash on the same day as regular service unless the collection of items would be hazardous to Pacific
personnel or equipment or their collection is specifically prohibited by federal, state or local law. The tag
should identify the specific violation (Grantee shall preserve the stub demonstrating proof of notice for one
year). Information on trash, recycling, yard waste or bulky collection shall be left with tag to instruct customer
on future set outs.
Second Contact - Generator receives a tag only (preferably marked 2nd request), information is forwarded to
the City. The City shall then send a letter and instruction regarding violation and warning of fine to customers
and faxes list of addresses notified to Pacific. Pacific shall continue to tag address if necessary and forward
information to City.
Eiill:s - A first fine may follow no sooner than 15 days after notice from the City. The first fine shall be up to
$3 per applicable service. A second fine shall be up to $5 per applicable service. A third fine and each fine
thereafter shall be up to $10 per applicable service. Substantiated fines are part of the regular refuse fee and
are subject to collection in the same manner.
~II- 7t>
RXHTRIT D
GENERAL REPORTING
REQUIREMENTS
Quarterly and annual reports shall include a cumulative and up to date accounting of the monthly report form
included in this Exhibit D. They shall also include the market price received for each commodity in the
Quarterly and Annual Reports (quarterly average is acceptable). The weight receipts and market value for
material at the time sold shall be available for inspection by the City upon request under the provisions
outlined in Section 4.1.3 regarding right to audit.
Pacific shall not be expected to include actual revenues for the most recent month in the monthly reports
however they shall make a good faith effort to include them in the quarterly reports. Pacific shall update
actual revenue no later than the first monthly report due date or the 52nd day following the end of the quarter.
The Quarterly and Annual Reports shall also include a summary of customer service inquiries taken by Pacific
Customer Service Staff for Chula Vista. The report shall include an outline of any future operational or
customer service adjustments that may be necessary to reduce or eliminate the general type of service inquiry
or complaint in the future. Additionally, the annual report shall include recommendations for future changes
in collection or customer service operations that may contribute to an increase in the potential diversion of
recyclable or reusable material from landfill disposal. Finally, the monthly, quarterly and annual reports shall
also include any additional information necessary to meet State and/or Federal mandated reporting
requirements that apply to Pacific's or their sub-contractor's collection, processing and or disposal of material
under the franchise agreement.
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EXHIBI7 E
PROPOSeD RATE SCHlIDULll
CllUIA VJSrA FRANCHISE
JULY 1, 1998
SERVICE TYPE:
SMAll QUAl'oTIIY GENERATOR;
RESIDENTIAL
TRASHlRECYCLlNGIYARD WASTE
RESIDENl'lAL MULTI-FAMILY UP TO AND INCLUDING 4 UNITS
I UNIT
ADDIDONAL UNITS TO 4 UNITS MAX
RESIDENTIAL MULTI-FAMILY 5 TO 9 tiNItS
TIlASH RATES - 3YD X llWEEK
5-9 tlNITS RECYCI..lNG RATES PER. UNIT
(ADDED TO COMMERCIAl.. TRASH RATES)
RESIDENTIAL MULTI-FAMILY 10 UNItS AND ABOVE
TRASH RATES- 3YDX llWEEK
lO UNITS./IND ABOVE RECYCLING PER UNIT
(ADDED TO COMMERCIAL !RASH RATES )
MOBILl HOME PARKS + MOTELS MINIMUM PERMONnl
( CENTRAL LOCATION)
TRAILER PARXS PER UNIT
(lNDlVIDlJAL CAN SERVICE)
ONE COLLECTION WEEJ:.L Y
SENIOR BAGPROCRAM
6 Mas SUPPLY
COMMERCIAL IINDUSTRlAL SMALL GENERATOR
(UP TO:Z -4DGAL CONTAII.iERS)
ONE TIME WEEK!.. Y ON RES! SERVICE
ONE TIME WEEKLY ON RESI SERVICE WITH YARD WASTE
ONE TIME WEEKLY ON llESI SERVICE WITH BLUE BOX RECyCLE
ONE TIMEWEEKL Y
TWO TIMES WEEK!. Y
THREE 11MES WEEK!. Y
LARGE GENERATORS -1 X 3YD " lJWK MIN
IX 3YDX IJ\VKMAX
(SEEATTACID:D SCHEDULE FOR PRJClNGMAiRlX)
COMPACTOR PERMANENT -HAUL PORTION
DISpCSAL :EXI1\AAT S30.00/T0N
COMPACTOR SALES TO BE
NEGOTIATED ON ^ PERACCOUNT
BASIS
l'R.EE DELIVERY ON CONTAINERS
ONLY.
P'so I
11,/1-75
MAXIMUM RATES
OPS' FRA.l'1CH AB939 TarAL
8% 2%
1200 0.96 0.24 13.20
1200 0.96 0.24 I3.2O
9.24 0.74 0.18 10-17
69.81 5.5& 1.40 76.19
0.43 0.03 0.01 UI
69.&1 5.5& 1.40 7G.19
1.34 D.ll 0.03 L48
22.41 1.79 0,45 24.65
9.24 0,74 0.1& lo.l7
6.61 O~ 0.13 7.18
39.73 3.11 0.79 43.70
10.95 0.88 022 1:2.04
1261 1.01 0.25 13.87
1138 0.91 0.23 =
1196 Il96 0.:z,4 13.16
21.47 1.72 0,43 23.62
31,68 2.~3 0.63 34.85
69,81 5.58 1.40 76.79
?'J,95 6.40 1.60 87.94
155-00
D.40
3.10 170.50
RATE BREAKOuT
EXHIBIT E continued
ROLLOFF
OPEN TOP - PElIM HAUL PORTION
FREE DE!.IVERY
DlllPOSAL EXIRA AT S30.00rr0N .,. TAXES
11$.00
uo
2..:ZO ULOO
OPENTOI'-TEMP HAUL PORTION
DEUVERY CHARGE
DISPOSAL EXIRAAT S30.00It0N.,. TAXES
~o.oo
9.60
:2.40 132.00
OPENTOP- BAULPORTION
MULTI HAtlLACCOUNTS ONLY
DEl.IVER.Y ClIARCJE ON FlRST HAUl. ONLY
DISPOSAL ElcrRAAT S30.oorION.,. TAXES
'3.00
7.14
1.96 107.80
C.O.D. HAUL + DISPOSAL ~o.oo :z!.08
7 TON MAXIM1.JMI OVERAGE CHARGE Al'l'UES AI S3o.00rrON RATE.,. TAJQ;S
7.00 3$5.00
DELIVERY CH.\RGX
SAME DAY SmVlCXREQUl!STUNTU.3'OOPM
2S.OO
48.00
2.10
3.10
O.s.
OJlO
27 .so
44.00
J>.lL RECYCLING MATERIAL IS CIiARGED l'R.OCESSlNG FEES AT1Th!E OF DISPOSAl..
A REBATE IS OFHJl.ED AI 50% OFTIlE MA.RI<ErVAUlE OFlHE MAtEIl1AL.
CON5rRUCl10N AND DEMOUllONMiIlEUAL IS CHARGEDAT$42.00rrON" TAXES
ALL DISPOSAL TAXES INCLUDE FRANCHISE (8%).AND AB!l39(2%)
I'ACIl'lC WASTE .ADMSION OF AllJEl) WASrE. WIJ1lNh1!ONALREvENUES OF 1.2 BILI.lON.AllNU.A1.l. y.
IS COMMITIED TO PROVIDING TIlE NECEsSARY CAl'n:Al.. TO SERVICE
CHULA VIST~S ROLLoFl' FRANC!lISE:NEEDS.
THE TURNAROUND TIME ON.Al.L ROLl.QFl'SEIl.VlCE IS 241l0URs.
OPTIONAL SER.VJCES :
COMMERClII.L ;
LOCK ON TRASH BIN
LAVAL LOCK
S.DO
7S.oo
CONT.AINER. EXCHANGE AFTER COMPUMEN1:AR.Y ANNUAL
EXCHANGE. CPllASEGlVE30 DAYN01!CE FOR REQUESTS )
49.50
NON REGlJ!..'l.R. SCHEDULED PlCKUP .coMMERCIAL HAND PICKUP
EXrit.o. PICKIJP CHARGE. COMMERClAL CONTAINER.SEIl.V!CE
10.00
40.00
COMMER.cIAJ.. JUNK PICKUl'
DEODORlZING
25.00 PER ITEM
6.00 PER CONTAINER
=>WASTERECYCUNG
1 X lIWEEK
I X:lIWEEI<:
I x lJB>.WEExLY
SL50 MONni
103.00 MONTH
27.75 MONnl
COMMERClAL RECYCLING
1 X lIWEEK
1 X JJBI.WEExLY
25.00 MCJN1H
21.00 MONni
Pag<2
J' ~ - '7"
RATE BREf.KOur
RE1'lACEMENT 3YD CONTAINER DUE TO REPEA1ED CUSTOMER
AllUSE
RESIDENTIAL :
TOTI:R 95 GAllON RENTALFOR WAStE.
TOTER 65 GAUON RENTAL FOR GREEN WASTE
'IEMPORARY 3 YD CONTAlNERATRESIDENTIAL UNI1'
INCLUDJ;:S 1 DUMP AND A30 DAY TIME LIMIT ON CONT.AlNER
REPLACEMENT 9SGAL CART DUE TO REPEA.= CUSTOMER
ABUSE
I
Paso 3
II, fJ-77
600.00
12.3.00
EXHIBIT E continued
2.00
1.00
75.00
EXHIBIT E continued
CITlc' OF CIlULA YISIA
RAn TAllU! EFFEC'ltY.E 7-H8
COMMERCIAL TRASHRATES
::L IB~I=ly=sl
WASTE
OPS F.B.ANCH AB 939 UTEA"I
lI.Al'E FEE 8 % FEE 2'1'0 7-1-98
RA 1 1 13 369.81 SS.;S 51.40 I 576." I
R 1 1 13 m.94 36.40 $1.60 I 587.941
RA 1 2 25 5120.73 $9.55 $2.41 SI32.80
MAXIMUM R 1 2 26 5138.63 511.09 $2.77 S1S7..SO
RA 1 3 39 5170.12 513.51 $3.40 5187.14
:-: -:-R 1 3 39 51%.92 515.75 $3.94 $216.&
MOOMUMRA 1 4 52 5224.38 SI7.9S $4.49 $2.46.82
I" R. 1 4 S2 S2S7 3S S2059 $5.15 $283.09
RA 1 5 65 S275S7 $22.13 SS.S3 5304.21
R. 1 5 65 $317.!IO :125.43 3635 5349.69
RA 1 6 78 5330.91 526.47 $6.62. 5364.00
R. 1 5 78 5384.09 S3O.73 . 57.68 $4n5O
RA 1 7 91 $391.12 $31.29 57.B2 S430.23
R 1 7 91 $446.77 $35.74 $8.94 S49L44
MlNIMUMRA 2 1 26
'R 2 1 26
RA 2 :2 52
~R 2 2 52
RA :2 3 78
MAXIMUM R :2 3 78
MINlMUMRA :2 4 104
R 2 4 104
==-==-:- RA 2 5 130
R 2 5 130
RA 2 6 156
MAXIMUM R 2 6 155
MINlMUMRA 2 7 182
MAXIMUM R 2 7 182
$127.16 SIO.17 $2.54 $139.88
$148.92 $11.91 $2.98 =1
$235.15 318.89 54.72
5260.71 S20.86 55.21~~1
5322.11 525.77 36.44 53S4.32
5351.30 S28.!IO 57.23 53!l7.43
$420.11 533.51 $8.40 I $0462.121
5468.81 537.50 59.381 SS1S.69 I
S525.26 542.02 $10.51 $577.79
5572.17 $45.77 Sll.44 I S629.J91
3638.16 551.05 512.76 I 5701.981
5695.42 $55.63 $13.91 I 5764.961
575l.O'7 S50.09 515.02 I $826.181
S$ U.39 564.99 S16.2S I $893.631
I'" 1l- - 7i
EXHiBIT E continued
em OF CBlJLA VISU.
RATE TABLIl EFFECTIVE 7-1-98
COMMERCIAL RATFS
RAn
LEVEL
1.:.I=h:1
WASTE
OPS Fll.ANCH AD 93' RATE .AT
RATE FEE 8 'Y. FEE ~"I. 7-H8
RA 3 1 39
R 3 1 39
RA 3 2 7lI
R 3 2 7lI
RA 3 3 117
R 3 3 117
MINlMUMRA. 3 4 156
"" R 3 4 156
RA 3 S 19S
R 3 5 195
RA 3 6 n4
R 3 6 Z4
RA 3 7 273
MAXlMrlMR 3 7 273
5184,84 514.79 53.70 S203.33
$218.39 517.47 $4.37 S240.23
5330.04 n6.40 56.60 I 5363.041
$373.39 ~29.87 S7.47 I 5410.721
$461.71 536.94 59.23 5507-88
S5S8,2~ $44.66 S11.17 S614.U
S614.72 549.18 5l2.2' S&7'-19
S670.98 553.68 S13.42 $'l38.1Ill
5767.47 ~61.40 SI~.3~ $844.21
$826.93 $66.15 516~ r S9ll9.62
~S.47 S7S.64 $18.~1 I 51.040.021
S970.'8 $71.68 $1'.42 I Sl,068.1Ill1
$1.135.96 590.88 S22. 72 S1,l4!1.56
51.167.44 593.40 523.35 ~U84.19
MlNlMUMRA 4 1 S2
MAX1MrlM R 4 1 52
RA 4 2 104
-:- R 4 2 104
MINlMUMRA 4 3 156
MAXIMIlMR 4 3 156
MINIMllMRA 4 4 208
MAXIMIlM R 4 4 208
MINIMUM ll.A 4 5 260
MAXiMUM R 4 5 260
RA 4 6 312
f-
MAXIMIlM R 4 6 312
MINIMUM RA 4 7 364
MAXiMUMR 4 : 7 364
$243.04 $19.44 $4.36 S267.3S
$285.80 $22.36 55.72 5314.38
$421.71 533.74 5&.43 S4C.88
$476.73 $38.14 S9.53 5524.40
$608.39 $48.67 $12.17 $669.23
S676.33 SS4.1l $I3.S3 5743.96
5326.29 $66.10 SI6.53 S!108.91
$864.86 $6'.19 517.30 S9SL34
51,048.70 583.90 $10.97 51,153.57
51.064.60 585.17 $21.29 SI,I71.06
SI,271.5~ SI01.72 S2~.43 1 S1.3911.71 1
$1.328.63 5106.29 n6.57 $1.4~LSO
SI.494.17 $119.53 $29.88 S1.643.58
$1,551.17 $124.09 531.02 $1.706.28
JII fl-7f
EXHIBIT E continued
cny OFC'liUl.d VISTA
RAn TABLE EFnc:rrv:t 7.01-98
:UTE # WIcr.y YARDs
uvn BINS LIFrs fM.o
WASTE
OPS FRANca: All 939 RATE AT
RAn ll'EES% .FEE 2% 7-1-911
MlNlMDMRA. 5 1 65
R 5 1 6s
RA. 5 2 130
R 5 2 130
ItA 5 3 195
1!AJ!:IMuMR 5 3 195
ItA 5 4 260
R 5 4 260
ItA 5 5 325
R 5 5 325
ItA 5 6 390
R 5 6 390
MlNIMUMRA. 5 7 455
R 5 7 455
$1!l8.7S .t23.!lO $5.98 S328.6s
$350.68 DB-05 S7.01 53IS. 74
$536.27 S42.9O $10.73 ~.,o
$587.29 S46.91l SIl.75 ~8.1
S778.41 $62.27 S15.57 S8K.2s
S7S7.48 $63.00 S15.75 S8U.22
SI.028.6s S82.29 S20.57 SI.DLS2
$1.1>60.53 $S4.S4 $1l.21 SI.1'6.S8
SI,272.35 S101.79 S2S.45 SI.m.ss
$1,312.92 $110.63 $17.66 $l.S1Ul
$1,520_19 $121.66 $30.42 $1,67.I.87
SI,670.55 S133.64 $33.41 SU37.61
Sl,814.94 $145.20 136.30 SI..9K.o
SI,847.14 S147.77 $36.94 S2,03L85
~ 6 1 78
It 6 I 78
IV. 6 2 156
MAXlMuMR 6 2 156
RA 6 3 234
MAXlMDMR 6 3 234
MlNlMDMRA 6 4 312
R 6 4 312
MlNIMDMRA 6 5 390
MAXIMuM 11. 6 5 390
MINIMoMRA 6 6 468
MAXIMuM R 6 6 468
:MiNlMtJM RA 6 7 546
_R 6 ; 7 546
$354.40 S28.3S S7.ll9 S3ll9.B4
S416.13 $33.29 $832 S4S7.74
$641.32 $SUI Sl2.831 S1Il5.4s 1
$688.87 $5S.11 :Sl3.78 S'7S1.76
5923.46 S73.8S 518.47 L SI.ll1S..8o I
5970.83 S77 .s7 $19,42 SI.067.91
Sl,200.98 $96.08 $14.021 SI.32I.08)
Sl.775.11 SI02.01 S25.so 51.402.62
51,481.69 Sll8.54 $2.9.63 SI.629.86
11,617.49 $129.40 $3:l.3S f SI.719.24)
$1,776.45 $142.12 135.53 If 51.954.ll!1
51.989.32 $159.15 $39.191 S2,l88.2S I
$2,089.93 1167.19 S41.80 I $2,2!l8.93 J
$2,310.88 ...5184.87 S46.22L S2.54U7/
Jt, II-go
'>
EXHIBIT F
Multi-Family Performauce Standard
Service Levels Time Line
75% of all multi-family complexes consisting of9 units or less (835 units) are converted to 180 days
curbside recycling (Pacific may establish collection at an on site central location versus the
curb) .
100% of all multi-family complexes consisting of9 units or less (1,113) are converted to 360 days
curbside recycling (Pacific may establish collection at an on site central location versus the
curb) .
75% (95 Complexes) multi-family complexes of 10 units or more have one or more free 180 days
mixed paper bins and service as needed to divert 90% of the mixed paper generated on site.
100% (125 or more as determined) multi-family complexes with ten units or more have 360 days
one or more free mixed paper bins and service as needed to divert 90% of the mixed paper
generated on site.
Diversion from the Multi-family recycling program shall increase from (l)93 tons per 270 days
month (last eighteen month net average) to 125 tons per month.
Diversion from the Multi-family recycling program shall increase from 93 tons per month 540 days
to (l)250 tons per month, (Inclusive of additional materials recycled in the multi-family
bulky pick-up program or any rigid containers added to future multi-family collection).
(l)For the purposes of performance review, the monthly tonnage benchmark shall be adjusted by an amount
equal to the 93 tons per month current average diversion from multi-family recycling, divided by the total
number of units served (20,031), times the number of units moved to curbside recycling service:
93 tons 7 20,031 x 1,113 = 5.17 tons.
)11 (.1- i"1
EXHIBIT H
Enforcement Snmmary
The parties agree that calculating damages caused by Pacific's failure to adhere to performance
standards is difficult if not impossible to ascertain. consequently, the parties agree that the following
liquidated damages schedule shall reflect liquidated damages that shall be payable to City in
accordance with the terms hereof, and Section 11.2 of the Franchise.
# Unsatisfactory Description Penalty
Service Indicator Amount
1 Missed Pick Up Failure To Collect Missed Pick-up Within 24 Hours $25.00
Response Time
[Section 6.29 ] Each Additional 24 Hour Period. $25.00
2 Failure To Resond Failure To Respond To A Customer Complaint Or $25.00
[Section 6.2.16 ] Request Within 24 Hours Of Contact .
3 Improper Contractor Charges For A Special Service Not In $500
Imposition Of Accordance With Agreement Or Not Requested By
Special Service The Customer.
[Section 2]
4 Spillage Or Litter Failure To Clean Up Spillage Or Litter Within 90 $50.00
[Section 6.2.13] Minutes
5 Processing Claim Failure To Respond To A Claim Within Thirty Days $100
For Damages of Receipt and Initiate a Process to Resolve
6 Remitting City Failure To Remit City Fees By The Fifteenth Of The 3% of the
Fees Month Amount of
[Section 4.1.2] Late Payment
7 Providing Reports Penalty Assessed For Not Providing All Reports On $100
[Section 6.2.20] Date Due:
Each Additional Day Late: $25
8 Billing Problems Failure To Resolve A Billing Complaint Within Seven $25
[Section 6.2.16 ] Working Days From The Receipt Of Complaint.
Each Additional Day Problem Not Resolved $25
9 Container Supply Failure To Repair or Replace Inoperable $25.00
Containerslbins Within Fourteen Working Days Of
[Section 6.2.3 ] Request.
Each Additional Day Problem Not Resolved $25.00
10 Unauthorized Contractor Operating During Hours Not Previously $100
Operating Hours Authorized By City
[Section 6.2.1]
# Unsatisfactory Description x,~-~~ Penalty
Service Indicator Amount
# .< .. .....
'X ....."'~t
..... ...... ; .".
< t'''''''''' > >
11 Sub-contractor Failure To Deliver Material To ORW Or Other City
Provisions Approved Sub-contractor for Yard Waste) by end of
their scheduled working day on the same day as $250.00
collection, or if not reasonably possible by the
following business day:
Per Vehicle Load:
12 Tagging Materials Failure To Tag or Otherwise Collect On The Same $25
[Section 6.2.19] Day and Properly Dispose of Contaminated Or
Improperly Set Out Materials
13 Equipment Equipment Not Maintained To Franchise Standards. $25.00
Maintenance
[Section 6.2.12]
14 Excessive If Total Residuals From Curbside Recycling Program
Contamination Exceed 2% and/or Multi-family Recycling Program
exceed 4% of Total Material Collected in a
Quarterly Allocation Study $500
Plus Incremental Residual Disposal Cost For Quarter
15 Improper Disposal When Materials Collected From Source Separated
Program Intended For Diversion Are Disposed Of At
[Section 6.2.14] A Landfill Or Transformation Facility Without Prior
Written City Approval
Up To First Ton: $100
Every Ton Or Part Of A Ton Thereafter: $100
16 Excessive Damages Amount Increase When Contractor Has 25%
Violations Received A Penalty For A Particular Service
Indicator More Than 15 Times.
After 15 Violations In A Category The Damages
Amount Will Increase By An Additional 25% For
Each 5 Additional Penalties. 25%
I. Cross References. Where an unsatisfactory service indicator includes a cross-reference to a
Section of the Franchise, any additional or inconsistent performance standards set forth in this
Schedule shall govern.
2. Following Dav Obligations. In each case where a cure for unsatisfactory performance can
be rendered within a specified time period, if the expiration of such time period falls on a non-
business day, Pacific's right to cure shall be extended until the following business day.
3. Penalties for Additional Davs in Breach: Minor Violations. Pacific may obtain relief from
"Each Additional Day Late" damages by providing notice to City of the problem and by diligently
proceeding to cure the problem as quickly as possible, subject to City's reasonable approval. In
addition, minor occasional violations with advance notice from Pacific and prompt cure may be
excused at the discretion of the City Manager.
J(,fI- '3
4. Billing Problems. With respect to Unsatisfactory Service Indicator No.8, Billing Problem,
in the event that the billing complaint cannot reasonably be resolved within the seven working
days provided, Pacific will take additional time to resolve the problem so long as it diligently
attempts to resolve same promptly, and the dispute is resolved by no later than the first day of the
next billing cycle.
5. Notice. City shall notify Pacific within 7 days after City's actual receipt of notice of a
violation of the performance standards, above. City's failure to provide such notice shall absolve
Pacific of the damages remedies hereunder.
6. Process for Imposition. Damages to be collected by City hereunder shall be imposed with
respect Pacific's performance under the Franchise for each calendar quarter. City shall notify
Pacific of the damages amount due and payable within fifteen days after its receipt of Pacific's
quarterly performance report. Damages shall be imposed at the discretion of the City Manager in
accordance with the terms and conditions of this Franchise, and this schedule. Damages need not
be imposed if the City Manger determines that violations were so minor as to not warrant the
imposition, or that extenuating circumstances exist. City may only impose liquidated damages
with respect to the immediately preceding calendar quarter. Any damages not imposed, for any
reason, shall be waived by City and may not be subsequently imposed. Subject to its appeal
rights, below, Pacific shall pay any damages amount imposed within fifteen days of written notice
thereof. Failure to pay damages amounts when due will result in a 5% penalty, plus interest on
the amount owed accruing at the rate of 6% per annum until paid
7. Administrative Appeal Rights. Pacific may appeal the imposition of any damages amount
to the City Council by first paying such amount. Any City Council decision shall be final. As an
alternative, Pacific can refer any disputed imposition to the Administrative Dispute proceedings set
forth in Section 11.5 of the Franchise.
8. Third Partv Delavs. Pacific's failure to report required information in a timely fashion due
to delays caused by third parties shall not be subject to damages under this Franchise.
9. Meet and Confer. In the event that the parties mutually determine that, due to
unforeseeable circumstances, the performance standards set forth in this schedule are impractical
or impossible to satisfy, the parties agree to meet and confer to determine whether or not a minor
modification of such impractical or impossible performance standard can be made without
undermining the overall quality of service required under the Franchise. Not withstanding the
foregoing the City reserves the right not to approve any proposed modification of the schedule or
this franchise in its sole discretion.
~ IJ- i'<f
Exhibit G
Christmas Tree Collection Program
Multi-Family Program 10 units or Greater
The City and Pacific shall conclude discussions regarding program public information prior to November 1, so
that the City may distribute public information in commercial bills by December 1 of each year. The City
shall distribute public information (a flyer) to occupants that informs residents oftheir need to contact their
complex manager to identifY the location and date trees will be collected.
Pacific shall contact each property manager or complex owner as necessary to arrange for a bin, roll-off or
hand pick-up location(s) at each complex. The number and combination of bins, roll-offs or locations at each
complex shall be sufficient to provide for the free collection of all Christmas trees set at the collection point
from all complexes by the January 8th of each year. Pacific shall work with the City to establish and promote
up to two collection days between December 28th and January 8th for each complex. Pacific may charge up to
$3 per tree or $25 per half hour for additional tree collection requests by multi-family complex representatives.
Pacific may request and the City will not unreasonably withhold a request to extend the collection period
needed to collect trees. Pacific may ask complex representatives to assist by cutting trees into four foot lengths
before collection however, Pacific must collect all trees set at the collection point.
Pacific shall treat trees as part of the City's green waste program and they may be combined with regularly
scheduled commercial green waste or residential green waste collection for material generated within Chula
Vista City limits.
Single Family Dwelling Program (nine units and under)
All Christmas trees will be collected as part of the curbside residential green waste program on the same day
as curbside trash, recycling and green waste collection service. Flocked trees shall be collected as trash and
any trees that have metal stands that would be hazardous to equipment or personnel may be tagged and left
with instructions for the generator. The City shall work with Pacific to annually revise the public education
materials distributed to residents to improve their participation in safe and efficient collection of trees.
Puhlic Information and Collection Applicahle to Both Programs
The City's public information shall also strongly request that residents remove all ornaments, tinsel, and steel
or plastic stands from all Christmas trees before placement. The information will request that residents cut all
trees into four foot lengths or less whenever possible before placing them out for collection and request that
they place any flocked trees with trash for collection after also cutting them. However, Trees of ten feet or
more may be tagged and left with a request for the customer to cut the tree for safe and efficient collection.
)~ B-9:5
EXHIBITE
PROPOSED RATE SCHliDULE
C1IllLA VISTA FRANCHISE
JlJL Y 1., 19!1S
RESIDENTIAL
TRASHiRECYCL1l'lGIYARD WASTE
MAXIMUM RATES
OPS FRANCH AIl?9 TOTAL
8"10 2%
1200 0.96 0.24 13.20
12.00 0.96 0.24 13.20
9.J4 0.74 0.1& 10-17
69.&1 5.5& 1.40 76.79
0.43 0.03 0.01 0.48
SERVICE TYPE:
SMAll. QUA1'-rIlTY GRN'ERA-TOR ;
RESlDENI"lAL MtJLTI.FA..\fILY UP TO AND L"ICLUDlNG . UNITS
1 UNIT
ADDmONAl. UNITS T04 UNITS MAX
RESIDENTIAL MULTI-FAMILY 5 TO 9 \jl'<TIS
TRASH RATES - ,YO X lIWEEK
5-9 ONITS RECYCLING RATES PER. ONIT
(ADDED TO COMMERCIAL TRASH RATES)
RESlDP1TlAL MULTI.F A..\1IL Y 10 UNITS AND ABOVE
lXASH RA'TES - 3YD X 1!WEEK 69.31 5,5& 1.40 76-79
10 UNITS.llND ABOVE IlECYCLlNG PER UNIT J.:l4 0.11 0.03 L48
(ADDEO TO COMMERCIAL TRASH RA7ES )
MOBILE HOME PARKS. MOTELS MINIMUM PERMOIm-l 22.41 1.79 0.45 24.'5
( CENTRAL LOCATION)
TRAILER PARKS PER UNIT ONE COlLECTION W"r.EJ:;L Y 9.2' 0.7. 0.1& 10.17
(INDIVlDUAL CAN SERVICE)
SENIOR BAG PROGRAM 6061 0-'3 0.13 7.28
6 MaS SUPPLY 39.73 3.13 0.79 03.70
COMMERCIAL /INDUSTRIAL SMALL GENERATOR
(UP TO 2 - 40GAL CONTAll'l"ERS)
ONE TIME WEEK!. Y ON RES! SERVICX
ONE TIME WEEK!. Y ONUSI SERVICE WITH YARD WASTE
ONE TIME WEEKLY ON lU;S1 SERVICE WITH BlllE BOX lU;CYCU:
ONE TIME WEEKLY
TWO TIMES WEEKLY
THREE TIMES WEEKLY
LARGE GE..'lERATORS -IX 3YD lO/WI{ MIN
1 X 3YD X IIWK MAX
( SEE AITAC!lEl:l SCHErJtJLE FOR PRJCING MATRIX)
1095 0.88 0.22 UoD4
1261 1.01 0.25 13.87
1l.3& 0.91 0.23 =
1196 0..96 0.24 13.16
21.47 1.72 0.43 23.62
31.6& 2..~3 0.63 34.85
69.81 5.38 1.40 76."
7'J.95 6040 1.60 87."
COMPACTOR PERMANENT. HAUL PORTION
DISPOSAl. J:.XIl\AAT $:l0.00lT0N
COMPACTOR SALES TO BE
N.EGOTIATED ON A PERACCOUNT
BASIS
l-'REE DEUVERY ON CONTAINERS
ONLY.
155.00
Uo.w
3.10
170.50
Pase 1
II, (.)-v-7
RATE BREAKOUT
EXHIBIT E continued
ROLLOFF
OP!,;N TOP - PERM HAUL PORTION
FREE DELIVERY
DISPOSAL ExTRA AT S30.00rr0N + TAXES
11UO
UO
2.20 ULOO
OPEN TOP-TEMP HAUL PORTION
DELIVERVCHAROB
DISPOSAL EXTRA AT S30.00rrON + TAXES
Uo.oo
9.60
2AO 13~00
OPEN TOP- HAUL PORTION
MUL1'I HAUL ACCOUNTS ONLY
DELIVERY CHARGE ON FlRST HAUL ONLY
DISPOSAL EXl'RAAT Do.oorrON'" TAXES
'8.00
7.14
1.96 107.80
C.O.D. HAUL + DISPOSAJ.. ~58.00 ZUO
7 TON MAXlMUW OVERAGB CHAROE APPLlBS AT S30.00tTON RATE... TAXES
7.00 385.00
DELIVERY CHARGE
SAME DAY SERVICE REQUl!ST UNIlL3,OOPM
2:5.00
48.00
:1..10
J.zo
O.s.
0.110
27.50
44.DO .
ALL RECYCLING MAIERlAL IS CllARGED PROCESsING FEES AT TIME OF DISPOSAL
A REBATE IS OFl'Ell.ED AT 50% OFTHE MARl<ETVALUE OF TIlE MAIElllAL.
CON5TRI.JCTION AND DJ!MOImON MATERIAL IS CHARGED AT $42.00ITON ... TAXES
ALL DISPOSAL TAXES INCLUDE FRl\.NClllSE (8%).AND AB939(2%)
PAcmc WASTE ,ADMSION OF ALlJEDWASIE, WITH Nl\llONAL REVENUES OF 1.2 BlLUONAliNUAll.Y,
IS COMMITrED TO PROVID!NG THE NECEsSAR.Y CMITAL TO SERVICE
CHULA. VISTA'S R.Oll..OFF FR.ANCHlSE NllIIDS.
THE TURNAROUND TIME ON ALL ROLL-<lFF SERVICE [s 241I0UR3.
OP1lONAL SERVICES :
COMMERCIAL ;
LOCK ON Tll.ASH BIN
LA VAL LOCK
5.00
75.00
CONT.AlNEll. EXCHANGE AFTER COMPLIMEmAR.Y ANNUAL
EXCHANGE. (PU:ASE 0I'VE30 DAYN01lCE FOR REQUESTS )
49.50
NON RE~ SCHEDULED l'ICKUP -COMMERCIAL HAND PICKUP
EXTll.A PICKUP CHARGE. COMMERCIAL CONTAINER SERVICE
10.00
40.00
COMMERCIAL JUNK PICKUP
DEODORlZlNO
25.00 FER ITEM
6.00 PER CONTAINER
GREEN WASTE RECYCLING
I X 1/WEI!K
I X 2IWEEI<:
I X I1llI-WEl!KLY
SL50 MONlH
103.00 MONTH
27.75 MON!H
COMMERCIAL RECYCLING
1 X iIWEEK
1 X l/Bl-WEl!KLY
25.00 MONTH
21.00 MONTH
~2
lit f)-Vi'
RATE BREAKOUT
REPI.ACl::MENT 3 YO CONTAINER DUE TO REPEATED CUSTOMER
ABUSE
600.00
RESIDENTIAL :
TOTER 95 GALLON RENTAL fOR WASTE
'I'01ER 65 GALLON RENTAL FOR GREEN WASTE
TEMPORARY 3 YD CONTA.lNERAT RESJDEN1'lAL UNIT
INCLUDES 1 DUMP AND A 30 DAY lIME liMIT ON CONTA.lNER
123.00
REPLACEMENT 9SGAL CART DUE TO REPEATED CUSTOMER
ABUSE
P"S<3
I{,~-'i?
EXHIBIT E continued
2.00
1.00
73.00
ClT\' OF CllULA V1SI:A
RATE TAllLl! UFECllVl: 7-H8
COMMERCIAL TRASH RATES
RATE # WKLY Y..ul.DS
ant. BINS LIFTS fMO
EXHIBIT E continued
W AS'l'E
01'S llRANCH AB 939 BATEAl:
RA1'E FEE 8 Of. FEE 2% 7-1-98
RA 1 1 13 $159.81 S:;.~8 51.40 I 576.791
R 1 1 13 $79.94 56.40 51.60 587.94
MlNlMUMRA 1 2 26 5120.73 $9.66 $2.41 5132.80
MAXIMUM R 1 2 26 3138.63 3J1.09 S2:n 51S2..SO
MIN1MUMRA 1 3 39 5170.12 513.61 53.40 5187.14
MAXIMUM R 1 3 39 $196.92 315.75 53.941 5216.621
MlNIMUMRA 1 4 52 5224.38 $17.9~ 54.49 5246.82
MAXlMIlM R 1 4 52 S2S7.35 $20.59 15.151 5283.091
MINIMUMRA 1 . 5 65 $276.57 522.13 55.53 S304.22
R 1 S 6~ 5317.90 $15.43 56.36 5349.69
RA 1 6 78 5330.91 S26.47 $6.6'2. 53li4.00
R 1 6 78 5384.09 $30.73 57.68 $422.S0
RA 1 7 91 5391.12 $31.29 57.82 $43O.ZJ
R 1 7 91 5446.77 $3'.74 $8.94 5491.44
MlNlMUMRA 2 1 26
R 2 1 26
RA 2 2 52
R 2 2 52
RA 2 3 78
MAXIMUM R 2 3 78
MINIMUMRA 2 4 104
MAXIMUM R 2 4 104
1'~~nnIRA 2 5 130
R 2 5 130
RA 2 6 156
MAXIMlJMR 2 6 1~6
MINIMUMRA 2 7 182
MAXIMUM R 2 7 182
$127.16 510.17 $2.54 $139.88
$148.92 Sll.91 $2.98 $163.81
5236.16 318.89 54.72 S2S9.78
5260.71 $20.86 55.21 S286. 78
5322.11 525.77 56.44 S3S4.32
5361.30 528.90 :17.23 S397.43
5420.11 $33.61 58.40 I 546'2..121
5468.81 537.50 $9.38 I 551S.69 1
5525.26 542.02 510.51 $571.79
5572.17 54'.77 m.441 5629.391
$638.16 S:ll.OS 512.76 I 57OL981
5695.42 $55.50 $13.91 $764.96
S75l.O'7 $60.09 $15.02 S8U18
5812.39 $64.99 516.25 I $893.631
J"~- qo
EXHIBIT E continued
em OF CHULA VISTA
RATE TAIlLE EFFECTIVE 7-1-98
COMMERCIAL RATES
::::. 1.:..I:h:-1
WASTE
OPS FRANca AD 939 RATE.Al'
RATE nE8'Yo FEE%'Yo 7-1-98
MlNlMUMRA 3 1 39
R 3 1 39
"RA 3 :1- 78
R 3 2 71l
RA 3 3 117
MAXIMUM R 3 3 117
MlN1MUMRA 3 4 156
MAXIMUM R 3 4 156
MINlMUMRA 3 ~ 195
MAXIMOMR 3 5 195
RA 3 6 234
MAXIMOMR 3 6 234
MINlMUMRA 3 7 273
MAXIM1JMR 3 7 273
5184.84 314.79 53.1ll 5%03.33
5% 18.39 317.47 $4.37 $240.23
5330.04 S26.4O $6.60 5363.64
5373.39 529.87 Sl.47 I $410.721
5461.71 536.94 $9.23 $507-88
5~Sll.29 $44.66 m.17 I 5614.1% I
5614.72 349.18 5l2.29 5&76.19
$670.98 $53.68 513.42 5738.08
57Q1.47 561.40 515.35 5844.21
$826.93 $66.15 516.54 I 8909.621
5945.47 S7~.64 SI8.91 I Sl,04O.o:l I
$970.98 $77.68 $19.42 51,068.08
51,135.96 590.88 522.72 $1,%49.56
51.167.44 593.40 $l3.35 I 51,284.191
MINlMUMRA 4 1 ~2
MAXIMUM R 4 1 52
MINlMUMRA 4 2 104
MAXIM1JM R 4 2 104
MINJMUM RA 4 3 156
MAXIM1JMR 4 3 1S6
MlNlMUMRA 4 4 208
MAXIM1JM R 4 4 208
MINIMOM RA 4 S 260
MAXIMUM R 4 5 260
MlNlMUMRA 4 6 312
MAXlMUM R 4 6 312
MINIMUM RA 4 7 364
MAXlMUM R I 4 7 364
$143.04 $19.44 $4.86 S267~
5%85.80 S22.86 $5.72 5314.38
$421.71 $33.74 S8.43 5463.88
3476.73 $38.14 $9.53 8524.40
5608.39 $48.67 $1217 5669.23
5676.33 $,4.11 $13.53 $743.96
$826..29 566.10 $16.53 5908.91
$864.86 $69.19 $17.30 S95L34
51,048. 70 $83.90 $20.97 51,153.57
51.064.60 585.17 $l1.29 51,1~1
$1,21U, $101.72 525.43 51,39
51.328.63 5106.29 $26.57 SI.4~
51.494.17 B1l9.53 529.88 51.~58
51,551.17 $124.09 $31.0:1- 51.706.;!8
}/,~- 11
EXHIBIT E continued
CITY OF CIIOLA VISTA
RATE TABLE :EFFECTIVE 7-01-98
RAn # Wla.Y YAllDS
UVEL BINS LIFl'S IMO
WASTE
OPS FRANCK AB 939 RArE AT
RATE FEE 8 % FEE 2% 7.1-1/ll
MlNlMIJMRA 5 I 65
R 5 1 65
RA 5 2 no
MAXIM1JMR 5 2 130
R.A 5 3 195
MAXiMUMR 5 3 195
RA 5 4 260
R 5 4 260
MlNlMDMRA 5 5 325
R 5 S 32S
RA S 6 390
'~~rR 5 6 390
MlNlMUMRA 5 7 455
R 5 7 455
S298.78 $23.90 55.98 5328.65
5350.68 S28.0S $7.01 538S. 74
$536.27 $42.90 510.73 551UO
$587.29 546.98 51L75 S6046.e:z
$778.41 562.27 515.57 S856.2S
S7S7.48 563.00 515.75 S8U.22
51.028.65 5&2..29 120.57 51.DL52
51.060.53 584.84 521.21 51.1"-$8
51,272.35 5101.79 525.45 SI,m.ss
51,382.92 5110.63 527.66 51.,S2L11
51,520.79 $121.66 $30.42 51.672.17
51,670.55 5133.64 533.41 5l,l137.61
51,814.94 5145.20 536.30 $1.9K43
51,847.14 $147.77 536.94 I S2,lL1L8S I
RA 6 1 78
MAXiMUMB. 6 1 78
'RA 6 2 156
MAXlMUMR 6 2 156
RA 6 3 234
MAXlMUMR 6 3 234
MlNlMDMRA 6 4 312
R. 6 4 312
MlNiMUMRA 6 5 390
MAXIMuM R 6 5 390
M1NlMOM RA 6 6 468
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MlNlMUMRA 6 7 S46
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5354.40 m.35 $7.091 5389.841
5416.13 $33.29 58.32 S4S7.74
$641.32 $51.31 $l2.83 I S'lIIS.4s I
5688.87 $55.11 5n.78 $7S1.76
5923.46 $73.88 518.47 I 51.015.80 I
$970.83 $77.67 $19.42 51.067.91
51,200.98 596.08 S24.02 51.32L08
51,275.11 5102.01 525.50 51.40Z.6Z
51.481.69 SlI8.54 S29.63 I SI.629.86 1
51.617.49 5129.40 $34.351 $1.779.241
$1,776.45 $142.12 53S.S3 51.9S4.l19
51.989.32 5159.15 539.79 I S2,:t88.2S I
52,089.93 Sl67.19 541.80 I $2,298.931
52,310.88 5184.87 S46.22 I 52,541971
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MOOR REFUSE, INe.
412 CROSBY STREET SAN DIEGO. CA 92113
(619) 234-8744
FAX 234-2338
August 1;, 1998
Mr. David D. Rowlands, Jr.
City Manager
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
RE: Waste Management Pranchise Renewal to the Year 2002
Dear Mr. Rowlands,
Moor Refuge inc. like to voice our opinion on Waste Management
Exclusive Pranchise extension.
On August 4th 1998, Chula Vista City Council reads the extension
of Solid Waste Exclusive Pranchige, whlDh would gnut DompetitlDD
c',,,, 'J! tne city Chula Vista if enacted as drafted. Please
understand that there is a big difference between routine
regidential Pick-up or commercial bin hauling and competitive
construction containers.
This country Was based on free trade and competition. The
company's that give good competitive service and prices are the
are the leading pacesetter of todays economy. Construction
companies and property owners need tc be able to negotiate and
scheduie servioe with the hauler of their choice to minimize
cOsts and Construction delays.
We at understand that it may be necessary to pay franchise fees
to the city for keeping the competition alive, it can be weil
worth it if it is keep within reason.
Please consider the importance of this decision.
Sincerely,
~
Skeeter Jones
Shareholder
Aug-04-9S 09:19A
P_02
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THE SAN DIEGO COUNTY
APARTMENT ASSOCIATION
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A Chapter of It',e cor~om;o Aoortment AuOCiction
August 4, 1998
The Honorable Mayor Shirley Horton
II11d Members ofthe City Council
City of Chula Visla
276 Fourth Avenue
Chula Vista, CA 91910
Subject: Rellewal ortbe Waste Mallagement Francblse Renewal wlth Pacific Waste
Services (Suppon)
Dear Mayor Horton and City Councilmembers:
On behalf of the San Diego County Apartment Association (SDCAA), 1 would like to express
our support for the extension of the City of Chula Vista's Solid Waste Franchise agreement wil"
Pacific Wasle Services.
If the agreement is approved by the City Council. multifamily property owners will be pleased \0
learn that trash rates in Chula Vista will he fro= until July 1999 and that any future increases
by Pacific will be capped for the next four years. Furthem1ore, we lire pleased to see trash rate
increases limited to one half ofthe yearly Consumer Price Index for San Diego.
The Franchise renewal contains many benefits for both small and large multifamily
communities. Smaller rental property owners will benefit from the 68% reduction in recycling
costs, lessening the fiDllllcial burtlen on the City's small rental communities. And, the larger
communities can take advantage ofthe ToO-cosl recycling bins, ('''hristmas tree recycling, and
bulky trash pickup. These servicc. ...'ill help rental property managers improve the cleanliness
lllld the ovcralI quality of Ii fe in their communities.
1 would like to thank the City's staff. Michael Meacham in particular, for working with SDCAA
in the development of an agreement which is responsive to the needs and concerns of
multifamily property owners, managers and residents in the City of Chulll Vista. On behalf of
SDCAA, I encourage the Council to support the exlension of the city's Solid Waste Franchise
with Pacific Wastc SClVices. Thank you for your time and consideration.
7~~
Robert Pinnegar
Manager of Government Relations
RP:nc
2727 CAMINO DEL RIO SOUTH. SUITE 327. SAN DiEGO. CA n1DB. (619) 297.1000. fAX (019) 294-4510 . E-Mc>I, BdCOO@QOI.CO;'l1
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519-559-1515
RELIABLE WASTE INC
PAGE 01
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Reliable Waste, Inc
P.O. BO,",620369 · San 01..... CA. 92162-0369 . (619) 23c.8744 . Fax 409-8998
August 4, 1998
Mr. David D. Rowlands, Jr.
City Manager
City of Chula Vista
276 Fourth AVe.
Chula Vista, CA 91910
RE: Waste Management Franchise Renewal to the Year 2002
Dear Mr. ROwlands,
Reliable Waste 15 very concerned about the SOlid Waste EXClusive
Franchise extension.
On August 4th 1998, Chula Vista CIty Council reads the extension
of Solid Waste ExolusIve Franchise, Which WOOld Shut Us DUt of
Chula Vista it enacted as drafted, Please understand that there
is .a big difference between routine residential PICK-up or
commercIal bin hauling and competitive cOnstruction containers.
AmerIca Was based on free trade and oompetitlon, The Company's
that gave gOOd competitive service and prices are the back bone
of oUr economy to thIs day. Construction companIes and property
owners need to be able to negotiate and SChedUle $ervice with the
hauler of their choice to minimIze 005ts and oOnstruction delays.
We at RelIable Waste understand that It may be necessary to pay
franchise fees to the .city tor keeping the competItion alive, We
feel as long as Its keep wIth in reason it will be well Worth It.
Please consider the Importance of this decision.
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Dependable Oi$posa).&Recycling
de / Ib,/f
Division Of Burns and Sons Trucking. Inc.
Eslabllstlell 1972
July 31. 1.998
Mayor Shirley Horton
, ,city of Chula' Visra' ,
276 Fourth AvenUe
Chulci Vista...CA 91910
Via Fax:S19-685-5612
RI?
CHULA VISTA EXCLUSIVE FRANCHISE FOR ROLl-.oFF CONTAINERS'
I
Dear Mayor Horton:
On, AUIlUllt, 4. 1998~ the City' of chula Vista is scheduled to have ns' first hearing on an
Ilxtlmsion of thll currem Solid VIIme ,Franchise Agreerilem wi1h Pacific 'Waste Systems. '
The drflft ot'the'new agrBllmeAt'-cailS for f'aciflcWaste Systems to have exclusive rights to
all ,solid waste hauling ln' Chula Vista inclildlng rO~o{Iff CQntainers.
, AS s small bUsil1jl~rson employing 'spproximst,lIly 80 employees. 'many of whom are
" ChUta Vista ,ro:.sidents; I am ~ncemed with the; actions YOU lire considering regarding
exclusive frar:tC:hising Of roll-off cdntainers.
'Exclusive franchising may make sense, Jar residential Service since it eliminates traffic and
' road' damage on raglllar routes. 'RDll-off cor.ruilnar service differs, from residential' soiid
. . - I
waste service in that it is not 'on regularly scheduled r:outes; but rather. serviCll ,is on an as
, nealletf"anCl Wh,ere 'neeCle,d basis. . 'VIle have relatioR$hips with ~9rners,whieti depend:on
: 'us ,being able tQ ,offer 5ervice on all of their projects. As more areas are made exclusive,
amaller haulers',wiD be forced' out of business due to a decreaSed market. Contractors
. .. . j. .
' 'Bxperlence 'Costly delayS on -proJects :for, which they cannot rely o~ their preferred vendors,
Exp~n~ing,exclUsive francliise,S:Off~rs no ~C?nomjc be,nefit to ~bUSln~ o"r~lijdents
of Cliula Vista. Opening the rollo{lff service for your City will insur;B that competitive forces
assure fair priCing and qUaliw:' service,. The City of Chule Vista Will oat lose revenue if they
inslitute a' nOfNlxClusive FranChise Fee similar to, those of tha I City and, County of Sen
Diego. This ~rogr.am w~uld also insure that 'onlv. qualified 111M insl!fed haulers ,are
,permitted for disPOSal sennces. ,'.. "
, On ,bBhlllf Of our company and its employees. I would hope that ,you reconsider .the
' proposed extEinsiof1 of the exclusive fraochise for rollo{lff ,containers.
Sincerely, ,
01&Z
LLn ~Farlane
General Manager,
J
CC:,' David D. Rowlands.)r.
P.O. Box 1~3g . SpJjng Vallei'. CA 9"'979-1539 '~619) 46o-~55J" ax (619) 465-2371
, , ,
R~yded p6q>>r@
COUNCIL AGENDA STATEMENT
Item~
Meeting Date AUl!:ust 4. 19'1l
ITEM TITLE: Resolution / 9/:3 ~ Amending FY 1998-1999 Budget to Include the
Recycling Education Program and add two Temporary, Full-time
Positions in Unclassified Service in the Conservation Program and
Appropriating Funds Therefor.
SUBMITTED BY: Conservation Coordinator ~
George Krempl, Deputy City Manager
REVIEWED BY: City Manager C~<9';V (4/5ths Vote: Yes.x.. No--.l
BACKGROUND: The California Integrated Waste Management Act of 1989 (AB 939)
requires that Cities develop and implement an Integrated Solid Waste Management Plan. The
plans commit cities to implement programs that will reduce or divert 25% of their annual waste
generation from landfills by 1995 and 50% by the year 2000. A failure to develop plans or make
a good faith effort to meet diversion goals is subject to civil penalties of up to $10,000 per day.
In a companion item on the Agenda for August 4, 1998 Council will consider whether or not to
grant the final extension outlined in an existing solid waste, recycling and composting franchise
agreement. This Agenda Statement outlines the recycling, compo sting and waste reduction
education programs that would be funded by the agreement should Council vote to grant the
extension.
RECOMMENDATION: Staff recommends that Council approve the resolution and appropriate
$68,449.50 (Attachment A) to promote greater participation in industrial, commercial, multi-
family and residential source reduction, reuse, recycling and composting programs.
BOARDS AND COMMISSIONS: The Resource Conservation Commission has reviewed the
City's residential and commercial source reduction and recycling programs. The public
education outlined in this proposal incorporate recommendations made by Commission members
over the past three years.
DISCUSSION: Chula Vista diverted approximately 32% of its annual waste in 1995 and an
estimated 41 % for 1997. The City has approximately 18 months to obtain the additional 9% in
solid waste landfill diversion required by AB 939. Staff believes that the existing industrial,
commercial, residential and institutional options available to Chula Vista generators are adequate
to produce the 50% diversion mandate. The challenge is to generate greater public awareness,
increased participation and the incentive to participate. While residential rate payers serviced by
"curbside" programs are already recycling their share of the mandated diversion goal, they
continue to be one of the more effective areas to generate additional diversion. However, the
City will not reach the state mandated diversion goals by the year 2000 without the support and
participation of commercial, industrial and institutional generators (institutional generators
include state facilities and schools).
J'B-l
The proposed solid waste agreement extension includes a number of program and education
enhancements that are designed to help the City meet those diversion goals.
Proposal Components - The staff recommendations cover two areas: I) Program
Enhancements/Rate Incentives, and 2) Staffing for Promotion and Enforcement.
I. Program Enhancement - Rate Incentives
The proposed franchise extension includes service improvements that are designed to make it
more convenient for everyone to recycle and provide generators with a financial incentive to
reduce, reuse, recycle and compost when appropriate. The major program improvements include
the following:
A. Meet and confer to develop and implement a single can rate to provide single family
residential dwellings with an additional financial incentive to reduce, reuse and recycle,
B. Expand mixed paper recycling to multi-family dwellings and convert multi-family
dwellings of nine units or less to curbside recycling (saving $1 per month per unit),
C. Expand free bulky collection to multi-family dwellings to encourage the reuse or
recycling of such items as mattresses, furniture and metals,
D. Expand free Christmas Tree recycling to include multi-family dwellings and meet and
confer regarding the expansion of commercial green waste program and incentives,
E. Expand commercial cardboard recycling to include all fiber and reduce the monthly rate
to provide commercial generators with an additional financial incentive to recycle,
F. Expand commingled container recycling service to hospitality businesses such as
restaurants, bars, hotel/motels and convenience stores, and
G. Expand special event recycling opportunities and requirements.
2. Staffing for Promotion and Enforcement - The franchise agreement provides $44,000 per
year and transfers annual incentive payments from the Department of Conservation to the
City to fund recycling public education and promotion. The 1998 incentive payment is
$24,449.50. The promotion and enforcement is designed to promote; program
improvements, rate incentives, participation in existing programs, and as a last resort,
enforce the mandatory recycling ordinance. The Recycling Rangers presence in the field
will also re-establish the deterrent for curbside theft and provide the Police and Code
Enforcement with another resource to serve residents. The staffing and promotional
component include:
A. Two full-time unclassified Recycling Ranger Positions @ $8 to $14 per hour
J~6- ~
Page 3, Item
Meeting Date: August 4,1998
Staffing for Promotion and Enforcement continued. . .
B. Promote the reduced rate for mixed paper service among commercial businesses,
C. Promote the new, free bottle & can recycling service among restaurants, bars,
convenience stores and other hospitality businesses,
D. Promote free mixed paper recycling at multifamily dwellings over ten units,
E. Promote transition of multi-family dwellings under 9 units to curbside recycling
F. Promote free Christmas Tree recycling and bulky pick-up for multi-family dwellings,
G. Promote the existing curbside recycling and single can rate (upon approval),
H. Assist with container and mixed paper recycling programs at special events, and
I. Assist with the enforcement of the mandatory recycling ordinance as necessary.
Staff and Pacific Waste Services believe these promotional and educational steps are needed to
meet the state mandated diversion goals for the year 2000.
FISCAL IMP ACT: There will be no fiscal impact to the General Fund as a result of Council
approving staffs recommendation. The public education, promotion and enforcement program
costs are all paid for by fees paid by Pacific Waste Services and annual grant payments from the
Department of Conservation Division of Recycling. Program administration by the Conservation
Coordinator and over head costs if any are funded by the existing AB 939 fees collected as part
of refuse service bills.
The expansion offree Christmas tree recycling and bulky collection to multi-family dwellings is
expected to reduce the impact to Public Works and Code Enforcement regarding dumping
complaints from residents by dramatically reducing improper disposal throughout the City. The
deterrent created by the Recycling Rangers presence in the field will reduce the curbside theft of
recyclables, improper disposal and provide the Patrol Officers, Senior Patrol and Code
Enforcement with another resource to serve Chula Vista residents.
}{"8-3
ATTACHMENT A
Line Item Budget - Appropriations Request
270-2704 - Recycling Education Program Fiscal Year 1998/99
PersomJel :
Staffmg for Promotion and Enforcement (2 positions).
Salary 5105, $36.500
Pers 5145, 4.726% 1,600
Medicare 5143, 1.45% 500
I Personnel T otaJ I
138,100
Printing & Binding (5212). Brochures. billing inserts 10.000
Vehicle Maintenance and Gas: (5269)
($24.000 vehicle purchase-$3,720 gas & maintenance) 15,000
Materials and Supplies: (5398) I 5.349.5
I Toral I $68,449.5
Revenue Source Amount
Pacific Waste Services .tumual Public
Education & Promotion Payment
Account # 270-3759 $44.000
Department of Conservation Division of
Recycling Annual Incentive Payment
Account #270-3661 $24,449.50 (1998 payment)
/h8--<j
} ~e
RESOLUTION NO.~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1998-1999 BUDGET TO
INCLUDE THE RECYCLING EDUCATION PROGRAM AND
ADD TWO TEMPORARY, FULL-TIME POSITIONS IN
UNCLASSIFIED SERVICE IN THE CONSERVATION
PROGRAM AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the California Integrated Waste Management Act
of 1989 (AB 939) requires that cities develop and implement an
Integrated Solid Waste Management Plan to commit cities to
implement programs that will reduce or divert 25% of their annual
waste generation from landfills by 1995 and 50% by the year 2000;
and
WHEREAS, in a companion item, Council
whether or not to grant the final renewal outlined
solid waste, recycling and composting franchise
Pacific Waste Industries ("Pacific"); and
will consider
in an existing
agreement with
WHEREAS, the proposed Franchise renewal contains
recycling, composting and waste reduction education programs funded
by Pacific including two full-time unclassified Recycling Ranger
positions at $8 to $9 per hour; and
WHEREAS, the FY 1998-1999 budget requires amendment in
order to include this program and these positions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend FY 1998-1999 budget to
include the recycling education program and add two temporary,
full-time positions in unclassified services in the Conservation
Program.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $68,449.50 as set forth in Attilr.hment A to promote
greater participation in industrial, commercial, multi-family and
residential source reduction, reuse, recycling and composting
programs.
Presented by
Approved as to form by
Michael Meacham,
Conservation Coordinator
"6-.$
COUNCIL AGENDA STATEMENT
Item1!l
Meeting Date 8/04/98
ITEM TITLE:
Resolution 1<1133 Approving the hiring of additional Temporary Expert
Professionals and appropriating funds therefore.
SUBMITTED BY:
Res~lution IlC , '7 JJ Reappropriating funds for land development plan review
servIces. J 1 ;;J~,
Director of Public Works~ ()("
City Manager VR, ~
(4/Sths Vote: Yes-X-No-.J
REVIEWED BY:
On March 31, 1998, by Resolution 18943, the City Council authorized the Mayorto execute a contract
for engineering plan review services. On May 26, 1998, by Resolution 19019, the City Council
approved the hiring of Donna Snider as a temporary Expert Professional to supplement City staff
efforts to respond to the ongoing land development activities.
RECOMMENDATION: That Council; a) Authorize staff to extend Donna Snider services and to hire
three additional Temporary Expert Professionals, and appropriate $ 81,120 to account 100-1422-5105;
b) Reappropriate $ 50,000 to account 100-1422-5201 for engineering consultant services based on
receipts received from developer deposits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The subject of additional staffing needed to respond to the unprecedented surge in land development
activities has been brought before the City Council twice since March 31 of this year. Working with
the HunJan Resources Department, the Engineering Division was recently able to hire one Civil
Engineer and two Assistant Engineers to fill vacant positions. Currently, all land development related
and budgeted positions have been filled. Those include four Civil Engineers and six Assistant
Engineers.
Status of Land Develo.vment Activities.
Currently, the Engineering Division's land development section is actively processing 51 Final and
Parcel Maps through the entitlement process. These Maps encompass 2,176 dwelling units and require
approximately one hundred separate agreements. In addition, the land development section is currently
reviewing 62 grading and inIprovement plans with an estimated construction cost of $46,000,000
(mostly for infrastructure facilities to be owned, operated and maintained by the City); Processing land
development related assessment and fmancial districts totaling approximately $23,800,000; Processing
the formation of 5 Open Space Districts with a total annual budget of $2,800,000 (In contrast, the total
17-1
Page 2, Item..l.L
Meeting Date 8/04/98
annual budget of our existing 25 Open Space Districts is $1,850,000); Reviewing and processing the
engineering elements of all ongoing EIRs, SPAs, TMs and Public Facilities Financing Plans PFFPs.
Staff has progranuned these activities around the land development section core function of providing
public services and public assistance.
Assessment of Staffinl1 Level
During times of heated land development activities, a combination of the following factors dictates
staff's ability to review plans and process entitlements within mandated time limits: 1- The quantity
and size of active projects. 2- Market driven and aggressive processing schedules desired and
demanded by developers and builders. 3- Internal quality control checks and balances to ensure high
caliber products meeting City' s standards.
The existing engineering staff working on various land development projects can provide an aggregate
of 1460 hours per month, based on an average of 1750 productive work hours per person annually.
The City's contract with Willdan & Associates and the hiring of a single Temporary Expert
Professional has provided additional 744.5 and 280.5 hours respectively throughout July 16, 1998.
This outside support was essential to supplement engineering staffing shortages that have persisted since
January of this year.
The ongoing surge in land development activities is obviously market driven and was not predicted to
be at this magnitude by either the developers or the staff. Attached as Exhibit" A" is a workload table
summary of active land development projects. Concurrently, various developers and builders want to
secure Map entitlements by the end of October of this year. Staff has been working with the
developers to set priorities for their projects' processing schedule to allow staff to focus on critical path
issues. To confront the short term staffing needs, Staff recommends retaining Ms. Donna Snider for
an additional 480 hours or 60 working days and hire, if qualified individuals can be found, three
additional Temporary Expert Professionals for 480 hours each for a grand total of 1920 hours. This
amounts to a 40 % increase in staffing level for the next three months to assist the existing land
development staff in processing ongoing projects.
Temporary Staffinl! Options
In order to provide the necessary staff to process the current extremely heavy work load staff has
looked at the following options:
1. Hire additional Temporary Expert Professionals ( at the Assistant Engineer II level).
2. Attempt to renegotiate a contract with either the previous engineering consultant or a new firm
to provide staffing on site at the City offices.
I?-~
Page 3, Item-.11
Meeting Date 8/04/98
3. Negotiate a contract for engineering consultant services to be provided off-site at the
consultant's offices.
The active land development market has contributed to the region's severe shortage in trained and
qualified Civil Engineers. Staffs preference is the first alternative, but because of the uncertainty of
finding qualified individuals who are willing to take a temporary position, and/or the ability to find
consultant who are willing to place their people off-site, staff also recommends preserving all of the
above options to meet the land development staffing needs. Because there will only be two City
Council meetings in August, staff is asking for this flexibility in meeting the staffmg needs.
Related to the first option, staff has been informed by several consulting furns that they are bringing
people to San Diego from offices in other areas because they carmot find a sufficient number of
qualified individuals in this area. The Public Works Department is working with the Human Resources
Department to advertise and recruit qualified engineers to fill the Temporary Expert Professional
category. However, because of our experience and that of consultants there is a concern that qualified
individuals are available and willing to take a temporary position if more secure employment is
available to them.
Should staff fail to recruit qualified engineers, then staff will attempt to negotiate a contract with
engineering consultants to provide us with temporary engineers to work on our premises. Initially,
staff will attempt to renegotiate a contract as an extension to our existing agreement with Willdan &
Associates approved by Council on March 31, 1998 by Resolution 18943. However, this may not be
feasible because of Willdan's inability to provide full time staffing beyond the scope of their original
contract and to their lack of local qualified engineers. Willdan has also indicated that they are not
particularly desirous of extending the contract. Staff would then attempt to negotiate a satisfactory
contract with another firm.
Last, it might become necessary to enter into a contract with professional consultants for engineering
plans to be sent outside City offices for review in consultants' offices. Most consultants prefer this
arrangement because it provide them with flexibility to allocate their staffmg resources. However, staff
considers this option as least desirable because of uncertainty regarding adequate performance by
consultants, potential compromise to quality control due the complicated nature of most of our
developments and lack of on site city supervision, lack of a single point of contact to developers and
their engineers and, fmally, an inability for City staff to monitor the work for cost effectiveness.
Willdan & Associates Contract
Willdan & Associates team started working for the City in early May 1998 under an agreement
approved by the City Council on March 31, 1998 by Resolution 18943. Under the same Resolution,
Council appropriated $50,000 to pay for Willdan's services. Because the work by Willdan's staff took
place in May and June and they did not send us a bill until July, no money was paid out last fiscal year.
Therefore, the funds previously appropriated in last year's budget were not encumbered or expended
17 - ..3
Page 4, Item J '1
Meeting Date~
and were released at year's end. A reappropriation is now needed to pay for Willdans' services which
will be reimbursed to the City from developer deposits.
FlSCAL IMPACT: The entire cost of these Temporary Expert Professional positions including Full
Cost Recovery Factor is paid by developers deposits. This appropriation amount will cover 480 hours,
or a total of 60 working days of a Project Manager position, currently filled by Donna Snider, at an
hourly rate of $55.00 and 1440 hours, or a total of 60 working days of Project Engineer positions, at
a maximum hourly rate of $38.00. Developers' deposits will fully refund the General Fund. By
Resolution 18943, the City Council appropriated $50,000 to cover the contract cost for professional
engineering consultants to be reimbursed through developers' deposits. However, this appropriated
amount was not expended by June 30, 1998.
Attachments:
Exhibit A- Land Development workload summary table.
Exhibit B- Agenda Statements for Resolution 18943 & 19019.
H:IHOMEIENGINEERIAGENDA ITEPZ.SA
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17-ID
EXHIBIT "B"
COUNCll.. AGENDA STATEMENT
ITEM m:
Item
Meeting Date 3/31/98
Resolution I !'t'l-'Waiving the Consultant Selection Policy and
approving agreement form with a professional engineering consultant for
land cL'"Velopment plans review, authorize the Mayor to execute the contract,
and appropriate funds
SD"BM111t;D BY:
Director of Public works#
City Manager
(4/5ths Vote: Yes X No_)
REYIEWED BY:
.~:'\.
,
Tne eastern 1=iLOries of the City of ChuJa Vista are cmrently experiencing aggressive land
development a...-rivit:ies. The e},..tensive p]~nninE efforts for Otay Ranch and other projects are
cnlmin~ting now with :final engineering plans, engineering studies, :financing districts and many
improvement se...'"llrity agreements. Staff is mandated by the Subdivision Map Act strict time limits
on review and processing of improvement plans. Temporary "extension of staff" by outside
consultants is re::o=ended as an interim solution to acco=odate and react to the surge of Land
Development a.."ti\'ities and to compl\' with the Subdivision Map Act. Because of the time necessarv
... .. .. .. ..
to select a consultant throu,c:rh the formal consultant selection process and the i=ediate need for
additional staff 10 review maps and plans it is impractical to follow the Consultant selection
procedure.
RECOMM:EJ\"'DATION: That the City Council waive the Consultant Selection Policy and
approve the agreement form with professional engineering consultants for plan review and 1emporary
exrension of staff services and authorize the Mayor to execute a contract for plan review services in
substantially the form attached heterto and approved by the City Attorney, and appropriate $50,000
to accoun~ -520 I based on receipts received from developer deposits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 10"\
DISCUSSION:
The Land Development section is responsible for ensuring that all infrastructure facilities are
constructed according to City's standards and that the final maps' entitlement process is complete,
timely and comprehensive. Staff review grading plans, improvement plans, :final maps, assessment
disrricts' formation and various engineering studies. In addition, Land Development staff members
work as project m~n~Eers and project engineers to streamline the entitlement process.
The ongoing land development activities in the City have created a substantial dem~mi on staff time
resources. The demand on staffing resources is further complicated when coupled with a reduction
of existing staff due to a combination of retirement, resignation and internal promotions. The Land
Development section, in the Engineering Division of the Department of Public Works, has cmrently
a budgeted staff of ten engineers including one permit engineer, three civil engineers and six
assistant engineers. Currently, only seven positions are filled out of ten budgeted positions. Those
" -II
Page 2, Item
Meeting Date 3/31 198
in::lUae one permi1 engineer. TWO civil engin=s and four assistant engineers. The Engineering
Division has utilized several changes to react to the ongoing surge ofland development activities
including: A SIIi= plan submittal requirement to reduce nmnber of plan checks cycles, overtime
work by the land d..'"Velopment sta:ff; 1emporary transfer of an assistant engin= from the Advance
Phmnin~ Section lD the Land Development Section, establ;~hmP.Tlt of an additional engineering staff
team, within Rvailable engineering resources from other sections, to work on overtime basis in
support of plan checking activities in addition to internal reassignment of work activities from the
subdivision group lD the permits group of the Land Development section. Tnis is impacting the
abiliry of other sections to complete critical assigned tasks. In January 1998, a total of 434.5 staff
ho= in overtime and "borrowed" staff VIlas required to handle existing worlJoad. In F ebroar)" 1998.
the additional overtime amounted to 384 hours. The figures for the last 5 months of 1997 are as
follow: August, 180; September, 127; October, 151; November, 384; December, 356 hours.
The Hmnan Resources department is actively recruiting additional engineers to fill vacant "positions
- .
in the Land Development section. However, to ensure excellent candida:tes, the recruitment process
is l""gtby. Also, newly hired employees will typically require some training time to become familiar
witb our standards and all of the complicated engineering issues related to ongoing projects.
Be::ause of the impact on existing staff of that magnitude of overtime, 5lllff recommends that the
City retain oUtside private consultants, on a temporary basis, to assist 5lllff in the engineering plan
review process. Tne 5lllff recommendation includes the follov.>ing specific measures to guarantee
/""l adequate, timely and predictable review:
1. The agreement is to be entered for an initial 60 working days, then extended biweelJy
thereafter depending on the Land Development worlJoad with the consultant's 5lllff to be
assigned on an as-needed basis. The agreement is limited for a maximmn of one year
depending on the pace ofland development activities.
2. Selection is based on the qualifications of plan checkers and their knowledge of our
standards.
3. Plan review will be conducted on City premises to allow for accessability to research
material.s and for a single point of contact to developers and their engineers.
4. The selected consultant does not currently process any land development plans with the City
to eJiminMP any potential conflict of interest.
...)
The Subdivision Map Act, Section 66456.2 of the Government Code, has mandated specific rime
limits on local agencies processing of improvement plans. The time limit mandated by the
Subdivision Map Act is 60 working days. Several major developers have requested the City to
contract or employ a private entity or persons on a temporary basis to perform services necessary
lD permit the City to meet the time limits. Because of the time necessary lD select a consultant
through the standard selection process, it is impractical to follow the consultant selection procedure.
Therefore, it is recommended that the City's Consultant Selection Policy (policy No. 102-05) be
/7-1 :J...
Page 3, Item
Meeting Date 3/31/98
waived and the Mayor be authorized to execut:: the contract with a private engineering consultant
for plan review 5..'"TVices in subSIaIltially the form attached hereto and approved by the City Attorney.
The Selection Process
Staff contacted six private engineering companies meeting the following essential criteria: Firms
are not processing engineering plans for land cL'"Velopment in the City of Chula Vista; the contacted
:firms are reputable large companies with sufficient staffing resources to allow for this emergency
work and; Firms are familiar v.>ith Chula Vista and regional engineering design requirements. Staff
will receive Lett..""IS Of Interest (LOT) from these engineering companies detailing their qualifications
and showing initial cost proposals. In consultation with developers, a selection committee consisting
of engineering staff members will interview every interested company and make a recommendation
based on qualifications. Then staff will negotiate a cost proposal based on an hourly rate with the
top nmked consultant and reach a contract as approved by this resolution.
FISCAL IMPACT: The entire cost of this contract including Full Cost Recovery Factor is paid
by developers cL'"POsits. For the initial 60 working days, the City would obtain the assistance of three
engineering professionals on a full-time basis. Should the negotiated hourly rate be $75 per hour,
the contract total for the initial 60 working days period would be $36,000. It is estimated that the
amount will not exceed $50,000 through June 30, 1998. If the amount does exceed $50,000, staff
will return to Council for an additional appropriation. Only a prorated portion of the City's Full Cost
...-c-., R=very Factor (FCR) will be applied to this contract to pay for the use of City's premises and City
support staff overhead charges.
Attachments:
Exhibit A - Plat showing current Land Development section Workload
Exhibit B - Agreement Form
Exhibit C - Letter from Otay Ranch Co. dated 3/23/98
,,~
~
~O'"
SA:EY-028
H,1II0MElENGINEERIAGENDA\LD-CNSL T.5A
!A.~
"'J
'",
J
:..:.:,..-"
17- /3
-;COUNCIL AGENDA STATEMENT
Item
Meeting Date 5/26/98
SUB:MJ.nl!;D BY:
Resolution I 'I ~ 11 Approving the hiring of a Temporary Expen
Professional and appropriating funds
Director of Public Works ~
City Manager
ITEM TITLE:
REVIEWED BY:
On March 31, 1998, by Resolution 18943, the City Council waived the consultant selectio process
and authorized staff to negotiate contracts with various engineering consultants for Pl~::~ew
services. Staff negotiation with several companies reached an impasse due either to the Co tants'
expensive wage rates or their insistence on revising our standard two party agreement pe .. to
the hold harmless clause. I
RECOMMEND "TION: That Council authorize staff to hire Donna Snidp1" as a Temporary Expen
Professional at $55.00 per hour, and appropriate $ 20,000 to account 14'\)t~1.61 based on receipts
received from developer deposits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Engineering Division's Land Development section has been facing unprecedented number of
subdivision projects requiring immf'liiate plan check review and permit processing. Currently, only
six positions are filled out of ten budgeted positions. Those include one permit engineer, two civil
en.,oineers and four assistant engineers.
Under Council directions, staff negotiated a contract with Willdan Associates for plan review services
to provide us with three assistant level engineers working in-house as an "extension of staff"
arrangement. The Willdan Associates team started working for us under the subject agreement on May
5, 1998. In addition, staff has been trying for six weeks to negotiate a contract with Daniel, Mann,
Johnson & Mendenhall, DMJM, to send us a qualified Project Manager (Civil Engineer level) to work
along with and supervise the engineering team provided by Willdan Associates. Staff negotiations with
DMJM and various other consultants reached an impasse due either to Consultants' expensive wage
rates or their insistence on revising our standard two party agreement penaining to the hold harmless
clause.
Under a professional consultant arrangement, we have been negotiating hourly billing rates between
$85.00 and $110.00 per hour for a project manager designation. During our negotiation with DMJM,
that firm required a contract at $99.00 per hour to provide us with a qualified Project Manager. Our
negotiation with DMJM was unsu=ssfuJ in lowering that rate. In addition, as stated above, they
would not sign the standard two party agreement without modifications to the hold harmless clause
which were unacceptable to the City.
/7- PI
Page 2, Item
Meeting Date 5/26/98
As an alternative to DMJM, we recommend the hiring of Ms. Donna Snider to work as a Project
manager on a short term basis under the "Temporary Expert Professional:' designation. Ms. Snider
was a regular, full time employee of the City for nearly ten years. When she left City employment
in June 1996 for personal and family reason she was a Civil Rngi~ (project manager) and had been
performing excellently in that position. In November 1996 she returned to work for the City on a part
time, as needed basis, as a Temporary expert professional at the Civil Engineer level doing work on
subdivision plan and map checking. Ms. Snider worked at a salary rate of $26.10, which is the
equivalent of the first step of the Civil Engineer pay scale. Again, due to personal and family reasons,
after providing excellent service, she declined to continue that arrangement in November 1997. Ms.
Snider has agreed to return as a Temporary Expert Professional to assist us during this period, but only
at a rate of $55.00 per hour. We would, therefore, like to offer Ms. Snider that hourly rate to perform
the exact type of work DMJM would have provided ns at $99.00 per hour. Ms. Snider is filmili"T with
the City procedures and policies and does not require any training to perform the assigned tasks. Mrs.
Snider's work started on May 18 at the pay rate of $28.77 per hour for Temporary Expert Professional
(E step - Civil Engineer). This pay rate can be approved by the City Manager. Because of our time
problem in preparing this issue to Council, Ms. Snider is willing to work one week at the lower rate,
but she does not wish to continue working for the City at the lower rate.
City Council Policy Number 102-05 - Consultant or Other Services regarding hiring of former
employees states, in part: "During the first year after termination with the City, any employee who
is hired back on a contract basis shall be compensated at a maximum hourly rate equal to the salary
and benefits level at time of termination. After the first year, all requests to contract with a former
City employee at an hourly rate in excess of the employee's salary and benefit rate at time of
termination should be brought to Council for approval. "
According to our Human Resources Departmeut, the employment market for qualified engineers at this
time is extremely austere and expensive. We are experiencing severe engineering personnel shortages
during the apex of Land Development activities. Nevertheless, we are actively working with Human
Resources Department to fill the several vacant positions. We have offered one vacant Civil Engineer's
position to a qualified civil engineer, but that cannot start until June 19, 1998 due to a previous
commitment. We also have established a new list of candidates for three vacant Assistant Civil
Engineers positions and we are pJ.nning to make employment offers in the immediate future.
FISCAL IMPACT: The entire cost of this Temporary Expert Professional position including Full
Cost Recovery Factor is paid by developers deposits. This appropriation amount will cover
approximately 363 hours, or a total of 45 working days, at an hourly rate of $55.00. Developers'
deposits will fully refund the General Fund. By offering Mrs. Snider this position, staff can apply a
higher Full Cost Recovery FCR factor to pay for our own overhead expenditures. By Resolution
18943, The City Council appropriated $ 50,000 to cover the contract cost for professional engineering
consultants to be reimbursed also through developers' deposits. Staff negotiated an hourly rate of $
68 per hour with Willdan Associates for the lower level assistant engineer position for a total of 45
working days.
H:\HOME\ENGINEER\AGENDA\lEP .SA
17-6
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE HIRING OF ADDITIONAL
TEMPORARY EXPERT PROFESSIONALS AND APPRO-
PRIATING FUNDS
WHEREAS, on May 26, 1998, by Resolution 19019, the City
Council approved the hiring of Donna Snider as a temporary Expert
Professional to supplement City staff efforts to respond to the
ongoing land development activities; and
WHEREAS, to confront short term staffing needs, staff
recommends retaining Ms. Donna Snider for an additional 480 hours
or 60 working days and hiring three additional Temporary Expert
Professionals for 480 hours each for a total of 1920 hours.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize staff to extend Donna
Snider services and to hire three additional Temporary Expert
Professionals, and appropriate $81,120 from the unappropriated
balance of the General Fund to Account 100-1422-5105, based on
receipts received from developer deposits.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
M. Kaheny, City At
ney
H:\home\lorraine\cdrive\rs\tempexp.
~11J - J
RESOLUTION NO.~1f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REAPPROPRIATING FUNDS FOR LAND
DEVELOPMENT PLANS REVIEW SERVICES
WHEREAS, on March 31, 1998, by Resolution 18943, the City
Council authorized the Mayor to execute a contract for engineering
plan review services with Willdan & Associates and appropriated
$50,000 for said services; and
WHEREAS, however, the City and Willdan did not reach
final agreement regarding insurance requirements until the end of
June and the funds previously appropriated in last year's budget
were not encumbered or expended and a reappropriation is now needed
to pay for Willdans' services; and
WHEREAS, the amount needed is $50,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby reappropriate $50,000 from the
unappropriated balance of the General Fund to Account 100-1422-5201
for engineering consultant services, based on receipts received
from developer deposits.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Kaheny,
H,\home\lorraine\cdrive\rs\tempexp.
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COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item JfL
Meeting Date 08104/98
RESOLUTION \ct, 3~ APPROVING AN AMENOMENT ANO RESTATEMENT OF
THE EAST LAKE GREENS AFFOROABLE HOUSING AGREEMENT WHICH
INCORPORATES THE EAST LAKE GREENS HOME OWNERSHIP PROGRAM
Community Development Dire:t~.~ 5 '
City Manage})\<.. ~ v.:;'\ (4/5ths Vote: Yes_ NoXI
ITEM TITLE:
SUBMITTED BY:
BACKGROUND:
On July 25, 1995, the City adopted an Affordable Housing Agreement ("Agreement") for Eastlake Greens by
Resolution Number 17982. The parties entered into the Agreement as an initial means of implementing the low
income housing requirement of the Eastlake Greens Tentative Map which stipulates that a low and moderate
income housing program be established with the goal of providing 5% low and 5% moderate income housing units
within the Eastlake Tentative Map area.
On December 12, 1995, the City adopted the Eastlake Program as an Appendix to the Eastlake Greens SPA Plan
by Resolution Number 18159. In accordance with that Agreement, the Developer's "Duty to Build" low income
housing units required the Developer to have under construction no later than June 1, 1998, 112 qualified low
income housing units. Under this agreement, the City had the right to withhold the issuance of any further
building permits within Eastlake Greens if the Developer failed to perform according to the duty or conditional duty
to build. Due to project development constraints Eastlake Greens was unable to meet its obligation within the
established time. However, the City has continued to issue permits under the premise that an acceptable
affordable housing project was to be developed within a reasonable period of time.
Eastlake was aware that the June 1, 1998 deadline was approaching and has made a good faith effort to meet
its obligation. Over the past year Eastlake has been continually working with staff in the Community
Development Department and Planning Oepartment to propose a project that would be acceptable to the Eastlake
community and the City. Initially, Eastlake proposed developing rental units, however, that product was too
expensive to build based on market conditions and the community preferred a different product. The development
of an acceptable proposal became a time consuming process which involved a number of community forums and
numerous meetings with City staff and consultants. Eastlake then proposed a for.sale product that would meet
the affordable housing requirements of the City and the community. Staff and Eastlake have been meeting on
a regular basis to discuss the terms and conditions for amending the original Eastlake Greens Affordable Housing
Agreement that would satisfy the Developer's affordable housing obligation. Attached as Exhibit A is a site plan
of the proposed project.
IS-- ,
Page 2, Item d
Meeting Date 08104/98
RECOMMENDATION: That the City Council adopt the resolution approving an amendment and restatement
of the Eastlake Greens Affordable Housing Agreement which incorporates the Eastlake Greens Home Ownership
Program.
BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Commission approved the
Eastlake Greens Affordable Housing Program at the meeting of July 22, 1998.
DISCUSSION:
Affordable Housinlj Aoreement
On September 5, 1997 Community Oevelopment staff began meeting with the developer for Eastlake Greens to
review the housing requirement of the Affordable Housing Program. After numerous meetings and discussions on
the type of product Eastlake Greens proposed to build, an agreement was made (subject to Council approval)
between Eastlake Greens and City staff as to the terms and obligations Eastlake must satisfy prior to developing
the property located immediately south of Eastlake High School (locator map attached as Exhibit B).
To satisfy their affordable housing obligation of 130 units, Eastlake Greens proposes to build 187 "for.sale"
condominiums. The additional 57 units may be used to satisfy the low.income obligation of other developers within
the Eastlake community. This type of arrangement is not unique. McMillian was able to satisfy their affordable
housing obligation by way of the Cordova project which resulted in additional units which are available as credits
to meet the low income obligations of the developers.
The purchase price of these units have been set with an afford ability level of $111,500 to $132,500. The
purchase prices of these units is based on bedroom size and square footage and has been established to allow
households earning at or below 80% of Area Median Income (AMI) to qualify for a mortgage loan. In addition to
the purchase price set an affordable level, Eastlake Greens has agreed to subsidize the cost of the land. In order
for Eastlake to market the units to low.income households, an Affordability Plan known as the Eastlake Greens
Home Ownership Program ("Greens Program") has been developed by staff with the assistance of Pacific Housing
Solutions, an affordable housing program consultant. The program will be implemented and administered by
Eastlake and will be discussed later in this report.
To assist Eastlake in marketing the for.sale units to low. income households, the City has agreed to provide
financial assistance in an amount not to exceed $935,000 or, on average, $5,000 per unit. Funds in the amount
of $549.400 were approved through the FY 1998.99 Community Oevelopment Block Grant and HOME budget
process at the meeting of May 7,1998. The remaining balance of $385,600 will be budgeted from FY1999.00
HOME funds.
J~-~
Page 3. Item g
Meeting Date 08104198
The purpose of utilizing HOME funds for the Greens Program is the limitation of regulatory requirements in
qualifying first-time home buyers. HOME program guidelines allow first-time home buyers the flexibility of
qualifying for a home based on market lending conditions. If the City were to use low-Mod Housing funds for
this program, Community Redevelopment law stipulates that a first-time home buyers housing costs cannot
exceed 30% of their gross annual income. A household earning at or below 80% of area median income would not
be able to qualify for a home under these circumstances.
The remaining balance of $385,600 to be budgeted from FY 1999.00 HOME funds will not have a significant
impact on the HOME allocation. Every year the City receives approximately $780,000 in HOME funds and there
are no other proposed projects under consideration that would require the use of these funds. In addition, it was
determined that the Eastlake Greens project would receive some City assistance and the funds would come from
the HOME program. When proposals are received from developers, staff evaluates the type of project and
determining whether it meets the needs of the community and the requirements of the Housing Element. In
addition to HOME funds, the City has available low-Moderate Housing Set.Aside funds from the Redevelopment
Agency which are used to finance housing projects. A key objective in the use of low.Mod and HOME funds is
to leverage them with other public and private funding sources.
Table 1 on the following page delineates the major component changes to the amended Agreement (attached as
Exhibit C).
ri -3
,-
Duty to Build
Duty to Implement
Affordable Housing
Program
Satisfaction of Tentative
Map Condition No. 44
Development Permits,
Maps and Documents
Right to Withhold Permits
Affordable Housing
Credits
City Assistance to
Project Affordability
Developer Assistance to
Project Affordability
Page 4, Item g
Meeting Date 08104/98
TABLE 1
Amendments to Eastlake Greens Affordable Housing Agreement
ijiU$liAij4~ijDltIAM~tll!lilil.Dltjr
Developer was to have under significant
construction 112 qualified low income units
by June 1, 1998.
Duty to Implement Affordable Housing
Program not included in original agreement
Satisfaction of Tentative Map Condition No.
44 not included in original agreement
Development Permits, Maps and Documents
not included in original agreement
Right to Withhold Permits not included in
original agreement
Affordable Housing Credits not included in
original agreement.
City Assistance to Project Affordability not
included in original agreement.
Developer
Affordability
agreement
Assistance to Project
not included in original
fi-1
Consistent with Council policy established for the Cordova project.
Developer agrees to develop approximately 260 units which includes
187 low income housing units. Developer also agrees to the
following milestones: 11) submittal of the tentative map no later than
August 11,1998; 121 a site grading permit to be obtained by January
22, 1999; and 131 the first building permit obtained by March 23,
1999.
Developer agrees to market and sell the units in accordance with the
City's goals, policies and programs as contained in the Housing
Element. Prior to issuance of the first building permit Developer shall
cause builder to enter into an agreement with the City to implement
the Greens Program. At least 130 affordable units shall be sold in
accordance with the Greens Program by no later than 24 months
after issuance of the first building permit; the remaining 57 units be
sold by no later than 30 months alter issuance of the first building
ermit.
Any affordable housing units developed and sold in accordance with
the terms of this Agreement shall be credited toward Developer's
obligation to provide iow income housing units in an amount equal to
5% of the total residential units developed within Eastlake Greens.
Developer shall, at its sole expense, prepare and diligentiy process all
permits, agreements, plans, maps and other documents that are
necessary to construct the project in the time frames set forth. City
a rees to coo erate in rocessin Develo er's ermits for the roect.
In the event Developer fails to perform any of its obligations the City
shall have the right to withhold the issuance of any building permit
for further construction within Eastlake Greens until Developer cures
the default.
Developer agrees to produce 187 qualified low income units. Upon
agreement between City and Developer, the additional 57 units may
be used to satisf the low income obli ations of other developers. 1
City agrees to provide financial assistance in an amount not to
exceed a total of $935,000 or, on average, $5,000 per unit not
exceedin 187 units.
Developer agrees to process all approvals necessary for the
construction and sale of the low income units in accordance with the
Agreement and Greens Program. In addition, Developer
acknowledges that additional developer assistance will likely include
land contribution and ma include cash assistance.
Page 5, Item r8'"
Meeting Date 08104198
Eastlake Greens Home Ownershio Program
As previously discussed in this report, Eastlake Greens has agreed to implement an Affordability Plan known as the
Eastlake Greens Home Ownership Program ("Greens Program") to assist low-income first-time home buyers purchase
units in the Eastlake Greens community. The Greens Program was developed by staff with assistance from Pacific
Housing Solutions and has been approved by Eastlake Greens.
As incorporated in the amended Agreement, the City has agreed, subject to City Council approval, to assist in providing
financial assistance for the 187 low income units in an amount not to exceed $935,000 or, on average, $5,000 per
low income unit. In order to be cost effective in assisting 187 first.time home buyers, a down payment and closing
cost program has been developed. Assisting first.time home buyers with the down payment and closing costs
associated with purchasing a home is a popular approach implemented by other cities such as National City, Santee,
Escondido, and San Diego.
Households earning between 60% and 80% of Area Median Income (AMI) most likely have the income to support a
mortgage payment, but lack sufficient funds for the down payment and closing costs. Depending on the interest rate,
the mortgage amount would range from $695 for the two.bedroom unit to $825 for the three-bedroom unit. According
to the current Fair Market Rent Schedule (used for the Section 8 Program) published by the Department of Housing
and Urban Development for San Diego County, current rents charged for a two.bedroom unit is approximately $691
per month to $960 per month for a three-bedroom unit. These are the allowable rents landlords can charge tenants
who receive Section 8 assistance.
Therefore, this program will assist those qualified home buyers who lack the down payment, to purchase a home in
the Eastlake Greens community. Based on the purchase price range of $111,500 for a two.bedroom unit to $132,500
for a three-bedroom unit, $5,000 is expected to be a sufficient amount of assistance to help the home buyer purchase
a home. In the event a low.income household needs an additional subsidy to qualify for the loan, Eastlake has agreed
(in addition to writing down the cost of the land), to provide a cash subsidy.
The $5,000 will be used to assist the buyer with a portion of the down payment and closing costs. The down
payment and closing costs will be based on the sales price of the units. In order to promote a sense of pride in home
ownership, it is the intent of the program for first.time home buyers to provide, at least in part, some of the up. front
costs for the down payment and closing costs. In addition, the qualified home buyer will be required to attend a home
buying seminar
Funding Source
The use of HOME funds for this program will allow the City the flexibility of tailoring the down payment and closing
cost assistance for not only a particular development program, such as the Greens Program, but also for achieving
home ownership opportunities for first-time home buyers in the City. The guidelines for the Greens Program (Exhibit
D) was developed by staff with the assistance of Pacific Housing Solutions. The assistance program is designed to
ri--S
.'
.~
Page 6, Item ff
Meeting Date 08/04198
conform with all Department of Housing and Urban Development (HUD) HOME program guidelines, and upon approval
by the City Council, will be submitted to Fannie.Mae for approval.
As outlined in the HOME program guidelines, the City has two options when using HOME funds to assist first-time
home buyers. Both options are discussed below.
Option One. Recapture Provision
Option One is an ongoing commitment to a first time home buyer program. Under the HOME guidelines for this option,
the City may use the proceeds from the repayment of the City loan from the original buyer to assist another eligible
first-time home buyer to purchase a home in the City of Chula Vista. Since the City and the developer are providing
a subsidy to the buyer and not requiring repayment of the loan until the property is transferred or sold, the City
Ideveloper loans are considered Silent Second loans. In addition. since HOME funds are providing assistance. the
HOME Program guidelines stipulate a five year period of affordability for the buyer to remain in the home.
Upon transfer or sale of the property under Option One, the City can do one of two things. First, the City can require
the entire City loan to be repaid. This entire repayment would occur if there is sufficient equity or net proceeds from
the sale of the home. Second. the City can reduce the HOME investment amount to be repaid on a pro rated basis for
the time the home owner has remained in the home. This would occur if there was not sufficient equity or net
proceeds from the sale of the home. Net proceeds are funds remaining after the first mortgage has been repaid minus
the sellers original down payment and principal reduction of the first mortgage. and minus repayment of the City loan
and the developer subsidy.
Under the Greens Program, any net proceeds remaining (if any) from the sale of the home will be distributed in the
following manner: 50% to the seller; 25% to the City; and 25% to the developer. The distribution formula will allow
the City to have funds to recirculate to other first.time home buyers; the developer to recapture a portion of the land
andlor cash contribution; and the seller to have additional funds available to purchase a non-subsidized home.
The Greens Program is unique due to Eastlake providing subsidies in the form of land and lor cash. Under the HOME
program, these subsidies are subject to recapture by the City. Upon recapture of these funds. the City can utilize these
funds to recycle and continue to provide affordable housing opportunities for first-time home buyers. Attached as
Exhibit E is an illustration of a hypothetical buyer purchasing a home under Option One. utilizing the City and the
Eastlake loans. and staying in the home during the affordability period of five years. As an incentive to the home buyer
to remain in the home for the five year affordability period, the Greens Program stipulates that the closing cost
assistance will be not have to be repaid.
li-'
~ ,
Page 7, Item $
Meeting Date 08104/98
Option Two. Resale Provision
Under Option Two, the initial property obtained by the first.time home buyer with HOME funds must remain affordable
for the five year period of afford ability . In addition, the subsequent purchaser does not have to be a firsHime home
buyer but must be a low.income family and occupy the property as a principal residence. The sale of the property
by the original first.time home buyer or a subsequent purchaser during the period of affordability must also be
accomplished in a manner that will allow the seller to receive a "fair return" on their investment, while ensuring that
the unit will be "affordable" to the new low.income purchaser. Since the HOME regulations do not define what is
considered a "fair return" on their investment, this puts the City in a difficult position to determine what is considered
a fair return and what is not.
With the current trend in rising property valuations this could be a difficult situation for the seller if the property is
transferred or sold during the period of affordability. As their property increases in value, the sales price of the unit
must be maintained to accommodate a subsequent low.income purchaser. This option will make it necessary for the
City to monitor the sale of each of the 187 units to ensure that the subsequent purchaser is low.income and that the
price is affordable to them. This arranged sale often necessitates considerable City involvement and the transfer or
sale of the property is not conducive to the methods lending institutions use to qualify a buyer on the open market.
In addition, the developer's contribution of land and/or cash subsidy is not subject to recapture under Option Two.
The purpose for recapturing the developer subsidy is so the City can recirculate the funds to assist a larger number
of low.income first.time home buyers.
Recommendation
The Greens Program was developed using the guidelines as described in Option One since it will not have a major
impact on staff or the home buyer. With the number of units expected to receive assistance, Option One will not
require the depth of monitoring as would be required from Option Two and the home buyer will not be restricted to
selling their unit to another low.income purchaser. In addition, the seller will have acquired additional funds to
purchase an unsubsidized home.
FISCAL IMPACT: Funding for this program will be budgeted from the HOME Investment Partnership program
in the amount of $935,000 ($549.400 from FY 1998.99 HOME funds and $385,600 proposed for FY 1999.001.
There are no proposed projects that could otherwise benefit from the use of the HOME funds at this time, and if
some emerge then the Low.Mod fund has substantial resources to be used for those projects.
All proceeds received from repayment of the loans will be regenerated to provide continued home ownership
opportunities for firsHime home buyers in the City of Chula Vista. The Greens Program provides for a lending
institution to monitor the loans so the impact on staff will be minimal.
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit 0
Exhibit E
Eastlake Greens Site Plan
Locator Map
Amendment to Eastlake Greens Affordable Housing Agreement
Eastlake Greens Home Ownership Program (bR1I-F-'f')
Option One Recapture Pro Forma
1<6 - '1
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EXHIBIT B
EASTLAKE NEIGHBORHOODS AND
SURROUNDING COMMUNITIES
Salt Creek
Ranch
EASn.AKE
VlUAGE
CENTER PItldor 1/01I"1'
EASnAKE
BUSINESS
CENTER
m
! EASnAKE
f GREENS
t:
"
1
Otay Ranch
Village 5
Eastern
Urban
Center
Lower Dlay Reservoir
ly.-I/
CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~tsk. Eastlake Affordable Housing Easflake AHordable Housing Task Force
Q) . Task Force ~u..,: To adopt an affordable housing program
~Wffil, Eastlake
for ~;8 -9/18 _ /1 ___
SCALE, FIlE NUMBERo
NORT~ As Indicated PCM - 95 -15
EXHIBIT C
CITY CLERK OF CHULA VISTA
)
)
)
)
)
)
)
)
)
)
Recording Requested by:
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Clerk
------------------------------------------------------------------
AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT
[Eastlake Greens]
This AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT
("Agreement") is entered into effective as of August 4, 1998
("Effective Date"), by and between the Eastlake Development
Company, a California general partnership ("Developer") and the
City of Chula Vista, a California municipal corporation ("City"),
with reference to the following facts:
A. Developer owns approximately 830 acres of that certain real
property, described on Exhibit "A" attached hereto and incorporated
herein by this reference, located in the Eastern portion of the
City of Chula Vista ("Eastlake Greens") .
B. On July 18, 1989, the City approved a Master Tentative Map
for Eastlake Greens by Resolution Number 15200 ("Eastlake Tentative
Map"). Condition number 44 of the Eastlake Tentative Map required
that a low and moderate income housing program with a goal of
providing 5% low and 5% moderate housing units ("Affordable Housing
Program") within the Eastlake Tentative Map area be established.
(A 1% deviation resulting in the construction of 4% low and 6%
moderate income housing units was originally deemed acceptable) .
The City deferred the Affordable Housing Program pending further
evaluation of the City's General plan density policies.
C. On December 12, 1993, the City adopted a General Plan
Amendment (GPA-93-04) by Resolution Number 17309, which
reinstituted the Affordable Housing Program previously established
by Condition Number 44 of the Eastlake Tentative Map.
1
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D. On July 25, 1995, the City adopted the Affordable Housing
Program for the planned Community of Eastlake ("Eastlake Program"),
including an Affordable Housing Agreement ("Original Agreement")
made on the same date, by Resolution No. 17982. The parties
entered into the Original Agreement as an initial means of
implementing the low income housing requirement of Condition No. 44
of the Eastlake Tentative Map. On December 12, 1995, the City
adopted the Eastlake Program as an Appendix to the Eastlake Greens
SPA Plan by Resolution No. 18159.
E. In accordance with the Original Agreement, the Developer's
duty to build low income housing units requires that Developer have
under significant construction no later than June 1, 1998, 112
qualified low income housing units at the location and in a
configuration and design approved by the City. The Original
Agreement further establishes a Conditional Duty to Build 160
qualified low income housing units should Developer apply for a
2550th building permit within Eastlake Greens. City has the
absolute and unfettered right to withhold the issuance of any
further building permits within Eastlake Greens if Developer has
failed to perform according to the Duty or Conditional Duty to
Build.
F. The parties now desire to amend and restate the Original
Agreement to provide specifically for the development of qualified
low income housing units in order to implement the requirements of
Condition No. 44 of the Eastlake Tentative Map and the requirements
of the Eastlake Program (the "Greens Requirement")
NOW THEREFORE, the parties agree as follows:
1. Definition. Unless otherwise indicated, for purposes of
this Agreement, the term "low income housing" shall mean housing
units which are affordable to qualified families whose income
levels are at or below 80% of Area Median Income as defined by HUD
guidelines of the regional median income.
2. Duty to Build. Developer agrees to cause to be developed
a multi-family housing project ("Project") of approximately 260
units which includes 187 low income housing units ("Affordable
Units"). The Project shall be developed on certain real property
located within Eastlake Greens identified as Parcel R-26 on the
Eastlake Greens SPA (" proj ect Property"). Ci ty shall have
reasonable approval rights over the proj ect Builder (" proj ect
Builder"). The Project shall be developed in substantial
2
ler -13
conformance with the site plan, elevations, and floor plans
attached hereto as Exhibit B. Project development shall proceed in
accordance with the following milestones: (1) the tentative map for
Parcel R-26 shall be submitted to City by no later than August 11,
1998; (2) a site grading permit shall be obtained by no later than
January 22, 1999; (3) the first Project building permit shall be
obtained by no later than March 23rd, 1999. Developer shall
thereafter diligently pursue completion of the construction of the
Project. Developer shall cause the construction of the Project
regardless of any further or additional development taking place
from the date of this Agreement within Eastlake Greens.
3. Duty to Implement Affordable Housing Program. Developer
shall cause the Affordable Units to be marketed and sold in
accordance with the City's goals, policies and programs contained
in the Housing Element of the General plan and the Eastlake Greens
Affordable Housing Program ("Greens Program") attached hereto as
Exhibit C and incorporated herein by this reference. In the event
that Fannie Mae determines that theGreens Program loan provisions
fail to conform to applicable Fannie Mae guidelines, both parties
agree to modify the Greens Program to the extent necessary to
obtain Fannie Mae conformance. Prior to issuance of the first
building permit Developer shall cause the Project Builder to enter
into an agreement with the City for the implementation of the
Greens Program. At least one hundred thirty (130) Affordable Units
shall be sold in accordance with the Greens Program by no later
than twenty four (24) months after the issuance of the first
building permit for the Project; the remaining fifty seven (57)
Affordable Units shall be sold in accordance with the Green Program
by no later than thirty (30) months after the issuance of the first
building permit for the Project.
4. Satisfaction of Tentative Map Condition No. 44. Any
Affordable Housing Units developed and sold in accordance with the
terms of this Agreement shall be credited towards Developer's
obligation to provide low income housing units in an amount equal
to 5% of the total residential units developed within Eastlake
Greens.
5. Development Permits, Maps and Documents. Developer shall,
at its sole expense, prepare and diligently process all permits,
agreements, plans, maps and other documents that are necessary to
construct the Project in the time frames set forth herein, or shall
cause such actions to occur. City agrees to cooperate in
processing Developer's permits for the Project. Any unreasonable
3
1<;- - II-(
delay caused by City in this regard shall not be cause for City
declaring Developer in default hereunder and Developer's
performance schedule may be adjusted accordingly provided that
Developer has used, and continues to use, its best efforts to cause
Project completion in a timely manner.
6. Right to Withhold Permits. In the event that Developer
fails to perform any of its obligations hereunder, in addition to
any and all other rights and remedies the City may have at law or
in equity, the City shall have the absolute and unfettered right to
withhold the issuance of any building permit for any further
construction within Eastlake Greens until Developer cures such
default and guarantees timely completion of the Project on terms
and conditions required by City.
7. Affordable Housing Credits. City and Developer
acknowledge that the development of the Project in accordance with
the terms of this Agreement will create at least fifty seven (57)
Affordable Units in excess of the Greens Requirement ("Surplus
Units"). Subject to future agreements between City and Developer,
and subject to City affordable housing policies and needs
assessments as they may be amended from time to time, City and
Developer agree that the Surplus Units may be utilized to satisfy
future Eastlake affordable housing obligations, the obligations of
other "smaller projects" (as defined by City), and other projects
that City determines may have a substantial hardship in providing
new low income units on site.
8. City Assistance to Project Affordability. In
recognition of the need to assist the private market to accomplish
the goal of providing low income affordable home ownership, the
City shall provide financial assistance in accordance with the
Greens Program to assist the 187 Affordable Units in an amount
averaging $5,000 per low income assisted unit and not to exceed at
total of $935,000. Should City and Developer mutually agree that
it is in their joint interest to develop low income units exceeding
the 187 Affordable Units, City will use its best effort to provide
necessary additional assistance comparable to that provided for
herein. City also agrees to use its best efforts to expedite
processing of approvals and to diligently carry out its role in the
Greens Program.
9. Developer Assistance to Project Affordability.
Notwithstanding the City assistance described herein, Developer
shall provide such additional assistance as is necessary to
4
,.,. - ~
construct and sell the Affordable Units in accordance with the
Greens Program. Developer acknowledges that required Developer
assistance will likely include land contribution and may include
cash assistance to assist households at and below 80% of the Area
Median Income. Notwithstanding anything contained in this
Agreement, it is the Developer's sole obligation to satisfy its
Duty to Build the low income units. Developer acknowledges and
accepts the risks attendant to developing and selling the low
income units according to the Greens Program.
10. General Provisions.
a. Authority of SignatoriE>R The individual signing
this Agreement on behalf of the City warrants that (i) he or she is
duly authorized to sign and deliver this Agreement on behalf of the
City in accordance with a duly adopted resolution of the City
Council of the City and (ii) this Agreement is binding upon the
City in accordance with its terms. Developer and each individual
signing this Agreement on behalf of Developer warrants that (i) he
or she is duly authorized to sign and deliver this Agreement on
behalf of Developer, in accordance with a duly adopted resolution
of the board of directors of the corporation or in accordance with
the bylaws of the corporation, and (ii) this Agreement is binding
upon the corporation in accordance with its terms.
b. COllntE>rpartR This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an
original, but all of which together will constitute one instrument.
c. i'\pplir.able T,aw This Agreement will be construed and
enforced in accordance with the laws of the State of California.
d. Sur.r.eRRorR All terms of this Agreement will be
binding upon and inure to the benefit of the parties and their
respective administrators or executors, successors and assigns.
e. Modifir.ationR. No modification, waiver or discharge
of this Agreement will be valid unless the same is in writing and
signed by the parties of this Agreement.
f. EntirE> AgrE>E>mE>nt This Agreement contains the entire
agreement between the parties relating to the transaction
contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written are
merged herein.
5
(U - lID
g. AtrorneY'R feeR and r.ORtR. If either party commences
litigation for the judicial interpretation, reformation enforcement
or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable
attorney's fees and court and other costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
h. RxhibitR All exhibits referred to in this Agreement
are attached, and are a part of, this Agreement.
i. CaptionR. Captions in this Agreement are inserted
for convenience of reference only and do not define, describe or
limit the scope or the intent of this Agreement.
j. Rer.onli nc;,. The parties hereto shall cause this
Agreement to be recorded with respect to unoccupied portions of
Eastlake Greens in the Official Records of the County of San Diego.
IN WITNESS WHEREOF, City and Developer have executed this
Agreement effective as of August 4, 1998.
[NEXT PAGE IS SIGNATURE PAGE]
6
Ii-- \'1/ /8-,2/
EXHIBIT A
EASTLAKE NEIGHBORHOODS AND
SURROUNDING COMMUNITIES
Salt Creek
Ranch
.~,D'
~Q'T SC~:.u-
~.
EASTlAKE
vu.u.GE
CENTER Proeto< Vall""
Clay Ranch
Village 5
Eastern
Urban
Center
."
~
Lower Olay ReseNOir
Ji-N
CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~~~, Eastlake Affordable Housing .
Eastlake Affordable Housing Task Force
C) Task Force ~u..,: To adopl an affordable housing progrcm
~,!/jg, Eastlcke
for astlcke. I
SCALE, FILE NUMBER: 'I -~ ---- .
NORTbl As Indicated PCM-95-15 " "-'
07/29/98
WED 16: 16 FAX
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WESTERN PACIFIC
EXHIBIT B
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FRCI1 J3ENCH1ARK PAC I FIe
Pl-lCM:: NO. 760 438 S980
EXHIBIT I)
Apr. 27 1'398 04:49PM PS
DRAFT
APPENDIX 1
EASTLAKE GREENS
Affordable Homeownership Pr-ogram
1. ELIGIBILITY .
1.1. Income- Buyer incomes may vary but shall not exceed 80 % of the Area Median
locome as published by the Department of Housing and UIban Development
(HUD), adjusted for household size. and as adjusted from time to time by BUD.
These incomes are shown in Attachment 1, Maximum Allowable Incomes
and Purchase Prices. Developer may also establish a minimum income for the
purpose of defining the eligible market.
1.2. First-time Buyer- Buyer shall not have owned a home for a period of3 years
prior to purchase. Exceptions will be made for income-qualified displaced
homeowners (e.g.. legally separated 0[" divorced persons currently owning or
having owned a-home with a spouse).
1.3. Owner Occupaney- Buyer must remain an owner occupant
1.4. Asset Limitation- Buyer shall not have liquid assets exceeding $25.000, in
addition to amounts used for down payment
1.5. Lender Underwriting Criteria- Buyer shall meet lender underwriting criteria
that are certified to City by the lender as consistent with secondary mortg:lge
market standards. loterest rate buydowns and/or adjustable rates are acceptable
provided underwriting is based on a reasonable long-term (7 years or more)
interest rate assumption and not on a short-term or <<teaser" rate_
1.6. Minimum MortgageIDown Payment Limits- Buyer shall be required to make a
down payment from their own funds equal to a minimum of 3% and a maximum
of 20%
2. AFFORDABILITY
2.1. Housing Cost- Generally, housing costs, including interest, principal, mortgage
and homeowners insurance, and association fees shall not exceed 33% of gross
income; however, a customary lender underwriting standard certified by a.
lender as consistent with secondary mortgage ~t standards will be deertred
acceptable.
2.2. Affordable Pur-chase Price- This slm1l be an amount determined for each
household and will be the sum of the down payment and qualified mortgage
amount Attachment 2, F or-5ale Proforma, illustrates a sale trnnsaction using
the Affordable Purchase Pri<:e. Under no circumstances may a purchase price
exceed the lesser of the Maximum Allowable Purchase Price defmed as that
which is affordable to a household earning 80% of the Area Median Income,
adjusted for household si:z:e. or the fair market value of the sale uuit substantiated
by appraisal. The maximum prices based on 8oo/., of the Area Median Income .
are shown in Attachment 1. These are subject to adjustment based on Area
Median Income adjustments issued by HUD from time to time.
IT - ~~
FRa1 : BENGlMARK PAC IF I C
~ NO. : 760 438 S980
Apr. 27 1998 04:50PM P6
Page 2 of3
DRAFT
2
2.3. Seller Certification- Seller shall provide third-party certification that buyer has
met eligibility and housing costaffordability requirements upon sale of unit
3. RESALE
3.1. No restrictions- There shall be no price or buyer eligibility restrictions on resale.
It is the intent of the City to achieve three goals witb resales: I) recapture of
sufficient initial subsidy and app<<:ciation to create another affordable ptm:hase
for a lower-income household in the private marlcet, 2) provide atair share of
proceeds to the initial buyer in order to create the traditional incentives and
benefits ofbomeownership. and 3) if available and based on subsidy
contribution, provide a return of a portion of initial subsidy to1:b.e developer.
3.2. Proceeds From Resale- Attaclunent 2 illustIates a =ale transaction. Proceeds
. sbaIl be distributed in the following order:
3.2.1. Payment of Costs of Sale
3.2.2. First Mortgllge Principal Payoff
3.2.3. Return of Seller Investment, defined as initial down payment
contribution and 1 st mortgage principal reduction.
3.2.4. City "Silent Second Mortgage" l>ayoff, defined ~ initial purchase
subsidies. discount below market value. down payment assistance and any
addition ptm:hase money. Closing cost assistance sball be forgiven.
3.2.5. Remaining Net Proceeds, defined as that amount, if any remaining after
the above payoffs. to be divided equally between the City and Seller, with
Developer to receive 50% of City share. if any.
4. CITY FINANCIAL PARTICIPATION
4.1. Downpayment and Closing Cost Assistance. For these purposes, City will
provide an amount averaging $5.000/ unit, assisting 187 units, up to a total of
$935.000. Assistance shall be included in a City Silent Second Mortgage which
shall be deferred, with no interest OT principal payments. The loan will be due
upon sale or transfer. with contingent interest in the form of shared appreciation.
4.2. Disbursement- Funds will be requisitioned and placed in escrows as needed.
4.3. Servicing-if City chooses not to service the City loans. a lender shall be sCfected
to service the City loans, with fees to be paid by City.
5. DEVEWPERFlNANCIALPARTlCIPATION
5.1. Assistance Required- Developer shall provide the necessary financial assistance
which, in addition to the City Financial Participation, will allow for construction
: and sale of the units according to the Amendment to the Eastlake Greens
:AffoTdable Rousing Agreement 8Ild this Attachment.
I Y-':)3
EASTLAKE GREENS Homebuyer Outline 04/21/98 4:38 PM
FRa1 : BI3'4Q-lMAPJ( PAC I Fie
PHO-lE NO. 760 438 5980
Apr. 27 1998 04:51PM P7
Page 3 00
DRAFT .
3
6. AFFORDABLE UNITS
6.1. Quality- Affordable units will be constructed at a level of quality, including
design, materials and workmanship. comparable to that of market units in the
same project, in order to achieve the goal of having affordable units
indistinguishable from market units.
6.2. Dispersion- To the extent possible, affordable units will be dispersed throughout
the project, integrated among market units.
6.3. Concurrent Construction- Affordable units shall be constructed and sold
concurrently with market units.
7. MARKETING
7.1. Plan Required- Plan. inclu4ing materials. shall be submitted foT City approval,
including Fair Housin!i Affirmative Marketing strategy.
7.1.. LiveIWork OutTeach- The Marketing Plan will provide a specific strategy to
market the affordable homeownership opportunity to residents of and those
working in the City ofChuIa Vista Possible methods include using local
targeted media, contacts with major employers. and outreach through local
service agencies and non-profit institutions.
8. HOM}?,BUYER EDUCATION
8.1. Program Required- Prior to close of escrow, each buyer shall, at no cost, be
required to complete a homebuyer education program acceptable to City.
9. REOUIRED DOCUMENTS
9.1. Additional documents necessary for program implementation will be prepared
and be subject to City approval. Documents (and the entity responsible for
preparation) shall include, but not be limited to:
9.1.1. Marketing Plan (Developer)
9.1.2. Purchase and Sale Agreement (Developer)
9.1.3. Second Trust Deed and Note (City)
9.1.4. Compliance Reports (City)
9.1.5. Amendment to Affordable Housing Agreement (City)
9.1.6. Bank Servicing Agreement (Servicing Bank, if utilized! City)
~
10. COMPLIANCE
10.1. Compliance Reports- Third-party-certified compliance reports shall be
required verifying eligibility and affordable sale.
10.1.. . Enforcement- Remedies for non-<:ompliance will be as established in the
Amended Affordable Housing Agreement between Developer and City.
~~_",""O<m~y.:} 'f 1/8 -d 7
FR01 : ~ PACIFIC
A-<<:iI'E NO. 760 438 S980
EXHIBIT 0
Apr. 27 1998 04:49PM PS
DRAFT
APPENDIX 1
EASTLAKE GREENS
Affordable Homeownel1!lhip Program
. ....~\)
~01 SC~~';JJ-
.'" 11),' )-^"
yf
1. ELIGIBILITY _
1.1. Income- Buyer incomes may vary but shall not exceed 80 % of the Area Median
Income as published by the Department of Housing and Urilan Development
(HUD), adjusted for household size. and as adjusted from time to time by HUD.
These incomes are shown in Attachment 1, l\Iaximum Allowable Incomes
and Purcltase Prices. Developer may also establish a minimuin income for the
purpose of defining the eligible market.
1.2. Flrst-time Buyer- Buyer shall not have owned a home for a period of3 years
prior to purchase. Exceptions will be made for income--qualified displaced
homeowners (e.g.. legally separated or divorced persons cu,n-entlyowning or
having owned a-home with a spouse).
1.3. Owner O(:Cupancy- Buyer must remain an owner occupant
1.4. Asset LimitatioJJ- Buyer shall not have liquid assets exceeding $25,000, in
addition to amounts used for down payment.
1.5. Lender Underwriting Criterla- Buyer shall meet lender UIlderwriting criteria
that are certified to Oly by the lender as consistent withsecondaty mortgage
market stlndards. Interest rate buydowns and/or a4justable rntes are acceptable
provided underwriting is based on a reasonable Iong--tenn (7 years or more)
interest rate assumption and not on a short-tetID or "teaser" rate_
1.6. Minimum MortgageJDown Payment Limits- Buyer shall be required to make a
down payment from their own funds equal to a minimum of3% and a maximum
of20%
2. AFFORDABJLITY
2.1. Housing Cost- Generally, housing rosts, including interest, principal, mortgage
and homeowners insurance, and association fees shall not exceed 33% of gross
income; however, a customary lender underwriting standard certified by_&
lender as consistent with secondary mortgage market standards will be deetfied
acceptable.
2.2. Affordable Purchase Price- This sball be an amount determined for each
household and will be the sum of the down payment and qualified mortgage
amount Attachment 2, For-8ale Proforma, iUustnltes a sale trnnsaction using
the Affordable Purchase Price. Under no cit"CUll1stances may a purchase price
exceed the lesser of the Maximum Allowable Purchase Price defIDed as that
which is affordable to a household earning 80% of the Area Median Income,
adjusted for household size, or the fair nuuket value of the sale unit substantiated
by appraisal. The maximum prices based on 8oo/., of the Area Median Income .
are shown in A1:ta(:hment 1. These are subject to adjustment based on Area
Median Income adjustments issued by HUD from time to time.
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2.3. Seller Certification- Seller shall provide third-party certification that buyer has
met eligibility and housing cost affordability requirements upon sale of unit.
3. RESALE
3.1. No restrictioos- There shall be no price or buyer eligtoility restrictions on resale.
It is the intent of the City to achieve three goals with resales: I) recapture of
sufficient initial subsidy and app<<:ciation to create another affordable purchase
for a lower-income hoUSehold in the private market, 2) provide a fiUr share of
proceeds to the initial buyer in order to create the traditional incentives and
benefits ofhomeownersmp, and 3) if available and based on subsidy
contnoution, provide a return of a portion of initial subsidy to1:be developer.
3.2.. Proceeds From Resale- Attachment 2 illusUates a resale transaction. Proceeds
. shall be distn"buted in the following order:
3.2.1. Payment of Costs of Sale
3.2.2.. First Mortgage Principal Payoff
3.2.3. Return of SeDer IJIvestment, defined as initial down payment
contribution and 1" mortgage principal reduction.
3.2.4. City "Silent Second Mortgage" Payoff, defined ;is initial purchase
subsidies, discount below matket value, down payment assistance and any
addition purohase money. Closing cost assistance shall be forgiven.
3.2.5. Remaining Net Proceeds, defined as that amount, if any remainmg after
the above payoffs, to be divided equally between the City and Seller, with
Developer to receive 50% of City share, if any.
4. CITY FINANCIAL PARTICIPATION
4.1. Downpayment and Closing Cost Assistance. For these pmposes, City will
provide an amount averaging $5,0001 unit, assisting 187 units, up to a total of
$935,000. Assistance shall be included in a City Silent Second Mortgage which
shall be deferred, with no interest Or principal payments. The loan will be due
upon sale or transfer, with contingent interest in the form of shared appreciation.
4.2.. Disbllrsement- Funds will be requisitioned and placed in escrows as needed.
4.3. Servieing- If City chooses not to service the City loans, a lender shall be selected
to service the City Loans, with fees to be paid by City.
5. DEVELOPER FINANCIAL PARTICIPATION
5.1. Assistallee Requlred- Developer shall provide the necessary financial assistance
which, in addition to the City Financial Participation, will allow for constIUction
,and sale of the units according to the Amendment to the Eastlake Greens
Affordable Rousing Agreement and this A1tachmenl
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EASTLAKE GREENS Homebuyer Outline 04/21/98 4,38 PM
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6. AFFORDABLE UNITS
6.1. Quality- Affordable units will be constrocted at a level of quality. inclnding
design, materials and workmanship, comparable to that of market units in the
same project, in order to achieve the goal of having affordable units
indistinguishable from market units.
6.2. Dispersion- To the extent possible, affordable units will be dispersed throughout
the project, integrated among market units.
6.3. Concarrent Construction- Affordable units shall be constructed and sold
concwrently with market units.
7. MARKETING .
7.1. Plan Required- Plan, inclu4ing materials, shall be submitted for City approval,
including Fair Housing! Affirmative Marketing strategy.
7.z. LiveIWork Outreach- The Marketing Plan will provide a specific strategy to
marlret the affordable homeownetship opportuni1y to residents of and those
worlcing in the City of Chula Vista. Possible methods include using local
targeted media, contacts with major employets, and outreach 1hrough local
service agencies and non-profit institutions.
8. HOMEBUYER EDUCATION
8.1. Program Required- Prior to close of escrow, each buyer shall, at no cost, be
required to complete a homebuyer education program acceptable to City.
9. REOUIRED DOCUMENTS
9.1. Additional documents necessary for program implementation will be prepared
and be subject to City approval. Documents (and the entity responsible for
preparation) shall include, but not be limited to:
9.1.1. Marketing Plan (Developer)
9.1.2. Purchase and Sale Agreement (Developer)
9.1.3. Second Trust Deed and Note (City)
9.1.4. Compliance Reports (City)
9.1.5. Amendment to Affordable Housing Al9=IIlent (City)
9.1h. Bank Servicing Agreement (Servicing Bank, ifuti1izedl City)
10. COMPLIANCE
10.1. Compliance Reports- Third-party-certified compliance tqJOrts shall be
required verifYing eligibility and affordable sale.
10.1. . Enforcement- Remedies for non-<:ornplianoe will be as established in the
Amended Affordable Housing Agreement between Developer and City.
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EASTLAKE GREENS Romebuyer Outline 04127198 4:38 PM
EXHIBIT E
Option One
For Sale Housing Proforma
(Example)
Unit Cost
land
Construction
Soft Costs
Permits/Fees
Total Unit Cost (Market)
2 Bedroom Unit
$ 9,000
$123,500
$ 0
$ 0
$132,500
Affordable Price Determination
Household Income (4 person household I!! 70% AMI equals $35,560 )
Supportable Mortgage
Buyer Oown Payment @ 3%
City Down Payment @ 2%
Affordable Purchase Price
(Multiple of Incomel
$109,000
. $ 3,975
$ 2.650
$115,625
3.07
Additional Subsidy Needed
Source of Subsidy:
land
Cash lfrom Developer)
City Closing Costs (at 1.78%)
$ 16,875
$ 9,000
$ 5,525
$ 2.350
$ 16,875
Sale of Unit With First Mortgage Payoff& Net Proceeds Split
Market Price of Unit
$145,000
Distribution of Proceeds:
First Mortgage Payoff
$104.000
less Seller Credit
Down Payment
Principal Reduction of First Mortgage
Total Seller Credit
$ 3,975
$ 5.000
$ 8,975
less City/Developer Loan:
land Subsidy and Cash Subsidy
$ 14,525
Total Net Proceeds Available for Distribution
(50% to Seller; 25% to City; 25% to Developer)
$ 17,500
Net Proceeds Distribution
Seller
City
Developer
$ 8,750
$ 4,375
$ 4,375
Total funds distributed to the Seller
Total funds distributed to City
Total funds distributed to Developer
\y.-::lY
$17,725
$18,900
$ 4,375
RESOLUTION NO. --1!lL15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT AND RESTATEMENT OF THE
EASTLAKE GREENS AFFORDABLE HOUSING AGREEMENT WHICH
INCORPORATES THE EAST LAKE GREENS HOME OWNERSHIP
PROGRAM
WHEREAS, on July 25, 1995, the City Council adopted the Affordable Housin9
Agreement for the Planned Community of Eastlake by Resolution 17982. The agreement was
entered into as an initial means of implementing the low income housing requirement of Condition
44 of the Eastlake Tentative Map which requires Eastlake Development Company ("Developer")
to provide 5% low and 5% moderate income housing units within the Eastlake Tentative Map area;
and
WHEREAS, in accordance with that agreement, the Developer's Duty to Build low
income housing units requires the Developer have under significant construction no later than June
1, 1998, 112 qualified low income units at the location and in a configuration and design approved
by the City; and
WHEREAS, staff and Developer negotiated an agreement to amend and restate the
original agreement to provide for the provision of 187 affordable housing units on certain terms
and conditions contained herein; and
WHEREAS, such agreement incorporates a new Eastlake Greens Home Ownership
Program which is also submitted for City Council consideration.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determine and resolve to: 1) approve the amended and restated Eastlake
Affordable Housing Agreement in the form presented; and 2) approve the Eastlake Greens Home
Ownership Program attached thereto. ~q g,..1 d- I
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
!{JF) H:\HOME\COMMDEV\RESOS\EASTLAKE {July 29, 1998 (1 :57pm)]
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