HomeMy WebLinkAboutAgenda Packet 1995/07/25
Tuesday, July 25, 1995
6:00 p.m.
"I (j"clare Nnder penalty of perjury that I am
etnployej by the City of Chula Vista in the
Of.ilce of the, City Cier;< and that I posted
tllls Agenda/Notice on the Bulletin Board at
the PubliC ~rv~ ~ilding and t City Hall on
DATED. ~::u? ~ SIGNED "
/ '
Reoular Meetinu of the Cit of Chula Vista C' Council
Council Chambers
Public Services Building
CALL TO ORDER
Councilmembers Alevy _, Moot _, Padilla _, Rindone _' and
Mayor Horton _'
1.
ROLL CALL:
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRA YER
3.
APPROVAL OF MINUTES:
July II, 1995, July II, 1995 (Joint Meeting of Conncil/Redevelopment
Agency), and July 12, 1995 (Special Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Parks and Recreation Commission - Mary Kay Dennison: and,
Plannin2" Commission - Patty Davis.
b. Presentation by Larry Wade and Dean Eckenroth announcing a new newspaper, the "Chula
Vista Eagle". Continued from the meeting of 7/11/95.
c. Proclamation to the Bonita Valley Girls All Star Softhall Team. Mayor Horton will present
the proclamation.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene mto open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. How..'er,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Ilefns 5 rhrough 18)
The staff recommendations re~arding the following items listed under the Consent Calendar will be enacted by
the Council by one motion wllhout 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 Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the stant recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pullet 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 business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stuting that as a result of deliherations that occurred in Closed
Session on 7/11/95, Council authorized settlement authority in the Vega, Young and Western
Fund Control cases in an amount which will he disclosed when the claims settle. Except for
the foregoing, there was no other obser\'ed reportahle action taken by Council in Closed
Session. It is recommended that the letter be received and filed.
b. Letter of resignation from Geoffrey S. Bo~art - Economic De\'elopment Commission. It is
recommended that the resi~nation 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.
Agenda
-2-
July 25, 1995
6. ORDINANCE 2634 ADDING SECTION 2.03.030 TO THE MUNICIPAL CODE RELATING
TO THE HANDLING OF MAIL BY THE MAYOR AND COUNCIL
STAFF AND AMENDING SECTIONS 2.04.090, 2.04.120, AND 2.04.130
OF THE MUNICIPAL CODE RELATING TO AGENDA SUBMITTAL
AND PREPARATION PROCEDURES, WRITTEN COMMUNICATIONS,
AND ORAL COMMUNICATIONS (second readiOl! and adootion) -
Currently, tbe Municipal Code states tbat tbe City Clerk is to open and process
tbe Mayor/Council mail, tbat tbe submittal day for items to be placed on tbe
Council Agenda under Written Communications is on Tuesday prior to the
Council meeting, and tbat tbe preparation and delivery of tbe agenda is to be on
Friday. This is all inconsistent with current practice. Staff recommends
Council place tbe ordinance on second reading and adoption. (City Clerk)
7. ORDINANCE 2635 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE
INCREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN
AREAS AND ESTABLISHING A SPEED LIMIT OF 35 MPH ON EAST
"J" STREET FROM CASSIA PLACE TO RIVER ASH DRIVE AND
ADDING THIS LOCATION TO SCHEDULE IX (second readin2 and
adoDtion) - Based on the provisions of the California Vehicle Code Section
40803 and pursuant to authority under the Municipal Code Section 10.48.030,
the City Engineer has determined that in the interest of minimizing traffic
bazards and traftic congestion, and for tbe promotion of public safety, tbe speed
limit on East "J" Stred between Cassia Place and River Ash Drive be increased
from 30 MPH to 35 MPH. Staff recommends Council place tbe ordinance on
second reading and adoption. (Director of Public Works)
8. RESOLUTION 17967 APPROVING AGREEMENTS WITH V ARIOUS COMMUNITY GROUPS
FOR EXPENDITURE OF CITY FUNDS - The 1994/95 budget includes tbe
funding of various community promotions organizations. Council considered
requests from the groups during the budget session on 6/14/95 and approved
funding. Agreements have been prepared setting out the terms and conditions
for receiving funding. Community groups are: Chula Vista Jaycees, Gretchen
Evans Library Concerts, U. N. Day Committee, and Bonitafesl. Staff
recommends approval of the resolution. (City Manager)
9. RESOLUTION 17968 APPROVING AN AGREEMENT WITH THE NAUTICAL HERITAGE
SOCIETY FOR THE DESIGNATION OF CHULA VISTA HARBOR AS
THE SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN-
Since July 1986, Chula Vista has had a contract witb tbe Nautical Heritage
Society designating the City as the southern borne port of tbe State's tall sbip,
"Californian." The agreement extends that designation for five years and will
include participation in "Gold Discovery to Statehood" beginning in 1998 and
continuing into the year 2000. Staff recommends approval of the resolution.
(Administration)
10. RESOLUTION 17969 APPROVING A SUBMITTAL OF A CURBSIDE INITIATIVE
SOLICIT A T10N ANNOUNCEMENT FOR $50,027TO THE CALIFORNIA
DEPARTMENT OF CONSERV ATlON, DIVISION OF RECYCLING - Tbe
Department of Conservation is soliciting proposals to test systems and/or policies
which can be used to abate the impact of illegal scavenging on curbside
recycling programs. The law requires that grants be awarded to non-for-profit
organizations and/or governmental agencies with registered curbside recycling
programs. Eligible activities include special patrols, community outreach, public
education, and development of anti-theft collection systems. Personnel services,
equipment and subcontracting directly related to curbside anti-theft programs are
all eligible for reimbursement. Staff recommends approval of the resolution.
(Conservation Coordinator)
Agenda
-3-
July 25, 1995
II. RESOLUTION 17970 ACCEPTING THE ST A TE OF CALIFORNIA USED OIL OPPORTUNITY
GRANT NUMBER UOG2-94-140-37 ($104,000) AND USED OIL BLOCK
GRANT NUMBER UBG3-94-734-37 ($79,711. 70)TO EST ABLlSH A USED
OIL RECYCLING AND PUBLIC EDUCATION PROGRAM AND
APPROPRIATING FUNDS - Oil sales and recovery records indicate that at
least 250,000 gallons of used motor oil are improperly disposed of in the greater
Chula Vista area annually. Improper disposal includes disposal in storm drains
and on open ground which pollutes our watershed, threatens wildlife and
destroys their habitat. Staff recommends approval of the resolution.
(Conservation Coordinator) 4/5th's vote required.
12. RESOLUTION 17971 APPROVING SUBMISSION TO HOUSING AND URBAN
DEVELOPMENT (HUD) BY SAN DIEGO COUNTY HOUSING
AUTHORITY OF APPLICATION FOR DEVELOPMENT OF PUBLIC
HOUSING, AND APPROVING AMENDMENT TO THE COOPERATION
AGREEMENT WITH THE SAN DIEGO COUNTY HOUSING
AUTHORITY - The County Housing Authority will apply for 100 new units
of public housing on behalf of the City if Council votes to participate in the
application to HUD. Staff recommends approval of the resolution. (Director
of Community Development)
l3.A. RESOLUTION 17972 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT WITH RC LANDSCAPE FOR OPEN
SPACE MAINTENANCE DISTRICTS I, 5, 9, AND 10 - Staff is
recommending that the City exercise its option to renew the landscape
maintenance contracts with RC Landscape. Blue Skies Landscape, Alvezia
Landscape, and New Way Professional Services for fiscal year 1995/96. Staff
recommends approval of the resolutions. (Director of Parks and Recreation)
B. RESOLUTION 17973 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT WITH RC LANDSCAPE AND ALVEZIA
LANDSCAPE FOR EASTLAKE MAINTENANCE DISTRICT 1
C. RESOLUTION 17974 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE
DISTRICTS 3, 4, 8; DISTRICTS 11, 14, 15,24; DISTRICTS 2,6,17,23,
26; DISTRICT 18; AND DISTRICT 20
14.A. RESOLUTION 17975 INTENTION TO CONSIDER WITHOUT RECOMMENDATION
VACATING VARIOUS STREETS IN OTAY RIO BUSINESS PARK AND
SET A DATE FOR A PUBLIC HEARING THEREON - MCA Concerts, Inc.
has submitted plans for the construction of an amphitheater on Dlay Valley
Road, south of the Otay River. The plans show the project occupying the
property now known as Otay Rio Business Park, a subdivision project whose
public improvements were completed in 1993. However, none of the lots in the
subdivision were built on. MeA's plans include the abandonment of four streets
within the business park in order to construct the amphitheater. Staff
recommends approval of the resolutions and setting 8/22/95 at 6:00 p. m. as the
date and time of the public hearing. (Director of Public Works)
B. RESOLUTION 17976 TO CLOSE TO THE GENERAL PUBLIC THE USE OF THE PUBLIC
STREETS IN THE OTAY RIO SUBDIVISION UNTIL DEVELOPMENT
OCCURS IN THE SUBDIVISION
Agenda
-4-
July 25, 1995
15. RESOLUTION 17977 APPROVING AGREEMENT WITH WOODWARD-CLYDE
CONSULTANTS FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRYWEA THER DISCHARGE FIELD
SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES -
The City's NPDES Pennit requires dry weather discharge field screening at
major out falls during the dry weather season in order to detect illegal discharges
and to identify, if possible. their sources. Due to the expertise and specialized
equipment necessary to perform dry weather discharge field screening and illegal
discharge detection services, it is necessary to retain an outside consultant. On
8/16/94, Council approved an agreement with Woodward-Clyde Consultants for
the performance of said services, with an option to extend for up to two
additional one-year terms. Staff reconunends approval of the resolution.
(Director of Public Works)
16. RESOLUTION 17978 RATIFYING AN AGREEMENT FOR THE OPERATION AND
MAINTENANCE OF SEWAGE LIFT STATIONS AND SEWER MAINS
WITHIN TERRITORY OF THE SAN DIEGO UNIFIED PORT DISTRICT
Since 1983, the Port District has contracted with the City to maintain the
Bayside Park sewer stations on a time and material basis. The latest agreement
on 7/1/92 expired on 6/30/95. The resolution would provide for a new three-
year agreement. Staff recommends approval of the resolution. (Director of
Public Works)
17.A. RESOLUTION 17979 ACCEPTING BID AND AWARDING CONTRACT FOR
"CONSTRUCTION OF ALLEY IMPROVEMENTS FROM "J" STREET
TO KEARNEY STREET BETWEEN ELM A VENUE AND SECOND
A VENUE (STL-220)" - On 6114/95, bids were received for "Construction of
alley improvements from "J" Street to Kearney Street between Elm Avenue and
Second Avenue (STL-220)." The project involves installation of Portland
Cement Concrete (PC C) alley paving, PCC alley approach, sidewalk ramps,
asphalt concrete paving, excavation and grading, preservation of property, and
other miscellaneous work. The proposed improvements are being financed
through the fonnation of Assessment District Number 93-01. On 5/25/95,
Council directed staff to prepare a resolution allowing the property owners to
defer the payment of their assessments. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLUTION 17980 APPROVING THE DEFERRAL OF THE PA YMENT OF ASSESSMENTS,
ESTABLISHING THE CRITERIA TO QUALIFY FOR DEFERRAL, AND
AUTHORIZING THE MA YOR TO SIGN THE DEFERRAL
AGREEMENTS FOR ASSESSMENT DISTRICT NUMBER 93-01
18. RESOLUTION 17981 INCREASING THE AUTHORIZATION LIMIT FROM $320,000 TO
$400,000 IN THE ORIGINAL AGREEMENT FOR MATERIAL TESTING
SERVICES WITH LA W/CRANDALL, INC. - On 8/4/92, Council approved
an agreement for material testing services with Law/Crandall, Inc. The
authorization limit was increased from $150,000 to $320,000 by Council on
3/22/94. The $320,000 limit is being approached, and staff is requesting that
it be increased to $400,000 so as not to delay the completion of four major
projects currently under construction. Staff recommends approval of the
resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
L
Agenda
-5-
July 25, 1995
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 Fom, " available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
19.
PUBLIC HEARING
20.
PUBLIC HEARING
GPA-95-04 - CONSIDERATION OF A PROPOSAL TO AMEND THE
GENERAL PLAN LAND USE DIAGRAM FROM OPEN SPACE TO
RESEARCH AND LIMITED MANUFACTURING ON PROPERTY
LOCATED NORTH OF "L" STREET, BETWEEN INTERSTATE 5 AND
THE SAN DfEGO TROLLEY TRACKS - CITY INITIATED - [n [975,
Council rezoned approximately four acres of property located at the northeast
quadrant of 1-5 and "L" Street to the Limited Industrial zone. However, the
Genera[ Plan Land Use Diagram designation for the property remained Open
Space. Therefore, the City is initiating a land use redesignation from Open
Space to Research and Limited Industrial for consistency with underlying
zoning. Staff recommends the DuhHc hearin~ be continued to 9/5/95.
(Director of P[anoiog)
PCM-95-15 - CONSIDERATION OF THE ADOPTION OF THE
EASTLAKE AFFORDABLE HOUSING PROGRAM - [n December 1993,
after approving an increase in density for two parcels within EastLake Greens,
Council directed that an ad hoc task force be formed for the purpose of
recommending a comprehensive affordable housing program for the entire
EastLake Planned Conununity. Staff recommends approval of the resolution.
(Director of Planning)
RESOLUTION 17982 ADOPTING A PROGRAM FOR THE PROVISION OF AFFORDABLE
HOUSING WITHIN THE EASTLAKE PLANNED COMMUNITY,
AMENDING RESOLUTION NUMBER 15200 AND APPROVING AN
AFFORDABLE HOUSING AGREEMENT
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State lnw, however, generally
prohibits the City Councilfrom taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral 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. Your time is limited to three
minutes per speaker.
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.
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Agenda
-6-
July 25, 1995
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. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
2J.A. RESOLUTION 17983 AMENDING THE FISCAL YEAR 1995/96 BUDGET TO ADD .50
TRAINING COORDINA TOR AND DELETE .50 SENIOR LIBRARIAN IN
THE LIBRARY; DELETE 1.00 QWL/TRAINING COORDINATOR AND
ADD .50 TRAINING COORDINATOR IN PERSONNEL; REINSTATE
SALARY AND POSITIONS FOR AN INTERIM PERIOD OF 6 MONTHS
FOR EMPLOYEES SCHEDULED TO BUMP TO LOWER
CLASSIFICATIONS IN PUBLIC WORKS OPERATIONS AND DIRECT
THE FINANCE DIRECTOR TO TRANSFER FUNDS THEREFORE
AMONG DEPARTMENTS - On 6/27/95, Council directed staff to provide
options for placement of the QWL/Training Coordinator. Staff has reviewed a
variety of alternatives, analyzed the pros and cons and fiscal impact of each and
is proposing an option that is believed to best meet the needs of the City and the
incumbent. Staff recommends approval of the resolutions. (City Manager)
4/5th's vote required.
B. RESOLUTION 17984 AMENDING FRINGE BENEFIT RESOLUTION 17468 BY ADDING THE
CLASSIFICATION OF TRAINING COORDINATOR TO, AND
ELIMINATING THE CLASSIFICATION OF QWL/TRAINING
COORDINATOR FROM, THE UNREPRESENTED GROUP
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been remol'e<l from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
22. CITY MANAGER'S REPORTrS)
a. Scheduling of meetings.
23. MAYOR'S REPORTrS)
a. Ratification of appointments:
Resource Conservation Commission - Robert Yamada;
Safety Commission - Harriet Acton;
Town Centre Proiect Area Committee - Yvonne Apodaca;
Veterans Advisorv Commission - Doc Anthony Anderson; and,
Youth Commission - Kathrine Kemp.
b. Application of furlough to City Council members.
Agenda
-7-
July 25, 1995
24. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Special Meeting on Saturday, July 29, 1995 at 9:00
a.m. in the Council Conference Room, Administration Building, and thence to the Regular City Council Meeting
on August 1, 1995 at 4:00 p.m. in the City Council Chambers.
An Adjourned Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following
the City Council Meeting.
*****
CLOSED SESSION
Unless the City Allorney, the City Manager or the City Council slales olhenvise allhis lime, Ihe Council will
discuss and deliberate on the following items of business which are pem.illed by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session 10 besl prolecl the
inlerests of the City. The Council is required by law to return to open session, issue any reporls of final action
taken in closed session, and the votes taken. However, due 10 Ihe typicallenglh of time taken up by closed
sessions, the videotaping will be terminated at this poinl in order 10 Sal'e COSIS so Ihalthe Council's return from
closed session, reports of final action taken, and atljournmenl will nol be videolaped. Neverlheless, the report
of final action taken will be recorded in the minules which will be available in Ihe City Clerk's Office.
25. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Western of San Diego Fund vs. Vidrio, City of Chula Vista.
. Chammas vs. the City of Chula Vista.
. Fritsch vs. the City of Chula Vista.
. Chula Vista and nine other cities VS. the County of San Diego regarding solid waste
issues (trash litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WeE), Police Ofticers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
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July 19, 1995
SUBJECT:
The Honorable Mayor and Cit: coun~~
John D. GOSS, City Manager ~ ~ fi.:~:l\
City Council Meeting of July 2~ 1995
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, July 25, 1995. Comments regarding
the written Communications are as follows:
5a. This is a letter from the City Attorney stating that as a
result of deliberations that occurred in Closed Session on
7/11/95, Council authorized settlement authority in the Vega,
Young and Western Fund Control cases in an amount which will
be disclosed when the claims settle. Except for the
foregoing, there was no other observed reportable action taken
by Council in Closed Session. IT IS RECOMMENDED THAT THE
LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT GEOFFREY BOGART'S RESIGNATION FROM THE
ECONOMIC DEVELOPMENT 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.
JDG:SWM:mab
Ltb,
RECEIVED
~tle
NeWSpap~
P.O. Box AO
Clwla Vista, CA 91912
Phone: 426-2900 or Fax: 437-8635
'95 Jl 25 P 3 :() 1
ern OF CHULA V!.'l
CITY ClEIIlK'S OFt-
Date: July 25
To: Mayor Shirley Horton and Members
of the Chula Vista City Council
We have learned today that we had been scheduled to make a presentation this evening to the
City Council concerning our new newspaper for Chula Vista, the Eagle.
We appreciale the opportunity to meet with you and lell you about our enterprise and how we
hope to be of service to the people and the governmental services of Chula Vista.
Important as this is to us, we wish to do it well, and are still gathering data for our presentation.
At this late hour we are not able to cancel other commitments to attend the meeting.
We regret any role we may have had in the confusion in this matter. Until noticing the item on
todays' agenda we had no idea we were scheduled to appear. We hope that a future can be
arranged for us to share our plans with you for a true community newspaper for Ch a Vista.
~ '.~t417~7
Dean Eckenroth
Editor
Publisher
7!d --I
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COMMENDING BONITA V ALLEY GIRLS ALL-STAR TEAM
UPON ATTENDING THE WESTERN AREA CHAMPIONSHIPS
IN AURORA, COLORADO
WHEREAS, the Bonita Valley Girls All-Star Team is comprised of girls 12 and under
from Chula Vista, and finished the regular season with a 25-6 record, while playing teams from
across California; and
WHEREAS, as the result of their excellent play and teamwork, the Bonita Valley Girls
All-Star Team won the Pacific Coast Region B Division All-Star Championship and will represent
Chula Vista and South San Diego at the National Championships to be held August II, 12, and
13, 1995, in Aurora, Colorado; and
WHEREAS, the Bonita Valley Girls All-Star Team is one of only four tearns representing
California at the National Championships; and
WHEREAS, special commendation is due all team members, including Manager Bob
Aguilar, and all who have given generously of their time to support the Bonita Valley Girls All-
Star Softball Team; and
WHEREAS, it is appropriate to honor these young athletes for their proficiency, physical
conditioning, and sportsmanship displayed this year and throughout their athletic careers; and
WHEREAS, this has been an exciting season, and we are proud of the record you have
earned and the fine publicity all of you have brought to our community by your inspired team
play:
NOW, THEREFORE, J, SHIRLEY HORTON, Mayor of the City ofChula Vista,
California, do hereby COMMEND THE BONITA VALLEY GIRLS ALI,STAR TEAM, and
on behalf of our citizens, extend to them our best wishes as they represent Chula Vista and the
Pacific Coast Region during the National Championships in Aurora, Colorado.
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
July 13, 1995
From:
The Honorable Mayor and city coun~it\
Bruce M. Boogaard, City Attorney~
To:
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 7/11/95
The purpose of this letter is to announce that as a result of
deliberations that occurred in Closed Session on July 11, 1995, the
City Attorney reports that the City Council authorized settlement
authority in the Vega, Young and Western Fund Control cases in an
amount which will be disclosed when the claims settle.
Except for the foregoing, there was no other observed reportable
action taken by the City Council in Closed Session.
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 69'1-5037
It
.Y OF CHOLA VIS'1
eM eLEftK'S OFFIC
Fax. 619-291-3827
RECEIVED
BOGART
INTERNATIONAL
'95 J1 12 All:13
P.O. Box B80374
San Diego, CA 92168-0374
619-291-1576
July 9, 1995
The Honorable Shirley Horton
Mayor
City of Chula Vista
276 4th Ave.
Chula Vista, CA 91910
Dear Mayor Horton:
I hereby wish to tender my resignation to the Chula Vista
Economic Development Commission.
Tomorrow I will begin serving the City of Chula Vista as the
director of the BECA program, a challenge that I accept fully and
with great pride.
I thank you for the faith and confidence you placed in me by
appointing me to the Commission, and I very much look forward to
working with you and the Council in my new capacity.
S:me^lY J A-
G~sL:>~rt
cc:
Economic Development Manager
City Clerk
cc:
WRITTEN COMMUN1CA ilONS
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C-:-.. '
.5/;,-/
ORDINANCE NO. 2634
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING f('\\C~
SECTION 2.03.030 RELATING TOTHE HANDLING OF MAIL\>-\P
BY COUNCIL STAFF AND AMENDING SECTIONS 2.04.~,
2.04.120, AND 2,04.130 REGARDING A~DA
PREPARATION AND DELIVERY, .~ITTEN
COMMUNICATIONS, AND ORAL COMMU~TIONS
.C;O
?'(;
The City Council of the City of Chula Vista does ordain as foHows:
Section 1.
Section 2.03.030 is hereby added to Chapter 2.03 as follows:
"2~03.030 . .... Handling of mail.
A i The Maybra,nd Council secretary is authorized to receive and open all mail
addressed. to. the city council and upon doing so, shaH forward it to the
appropriate Mayor and Council staff so that it may be given immediate attention
to the end that administrative business referred to in said communications and not
necessarily requiring council action may be disposed of between council meetings;
provided; that all communications and any action taken pursuant thereto shall be
reported to the citY council. . Any communication requiring council action is to
be for\.Varded to the City Clerk's office to be placed on the city council agenda
underwritten communications: (Ord. u** ~I (part), 1995)U
Section 2.
Section 2.04.120 of Chapter 2.04 is hereby amended to read as foHows:
"2.04.090
Agenda-Submission of items-Preparation-Effect.
A. Preparation and Delivery of Agenda.
An agenda shaH be prepared for each regular meeting, including Council Workshop
Meetings, containing a brief general description of each item of business to be transacted
or discussed.
I. Delivery to City Clerk. Summary of agenda items shall be delivered to
the City Clerk not later than noon SA tile Ttlessay tw~lvedays preceding
the regular meeting. Agenda items, i.e., background and requests for
particular actions or reports, shall be delivered to the City geffi MlI,nager
not later than leA a.m. fiy~.p'l1l; on the TIltlrssay Wednesday preceding
the regular meeting. The clerk shaH thereafter prepare the agenda under
the direction of the city manager.
6-llt'3
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COUNCIL AGENDA STATEMENT
~ Item:---2- '7/
~v /" ?.2.;/
.,&'5 Meeting Date: 7 tl-l'195 /'//
~- ..2/,3'( ,-
ITEM TITLE: ORDI~NCE **** AN ORDINANCE OF THE CITY OF CHULA
VI~): ADDING SECTION 2.03.030 TO THE MUNICIPAL CODE
~A TING TO THE HANDLING OF MAIL BY THE MAYOR AND
#OUNCIL STAFF AND AMENDING SECTIONS 2.04.090, 2.04.120,
~ AND 2.04.130 OF THE MUNICIPAL CODE RELATING TO AGENDA
(.)0 SUBMITTAL AND PREPARATION PROCEDURES, WRITTEN
~ COMMUNICATIONS, AND ORAL COMMUNICATIONS
SUBMITTED BY: City ClerV
4/5th Vote: () Yes (X) No
Currently, the Municipal Code states that the City Clerk is to open and process the
Mayor/Council mail, that the submittal day for items to be placed on the City Council Agenda
under written communications is on the Tuesday prior to the Council meeting, and that the
preparation and delivery of the agenda is to be on Friday. This is all inconsistent with current
practice. Other inconsistencies in the Municipal Code deal with the way in which requests are
handled for oral communications and that those requests, according to State law, can no longer
be debated by the City Council at that time.
RECOMMENDATION: To place the attached ordinance on first reading which would change
the following: (1) the responsibility of opening and handling of the Mayor/Council mail from
the City Clerk to the Mayor/Council Secretary; (2) the deadline for receiving written
communications in the City Clerk's Office which are to be placed on the city council agenda to
Monday, eight days prior to a city council meeting, instead of Tuesday as currently stated in the
Municipal Code; (3) the preparation and delivery of the city council agenda from Friday to
Thursday; (4) that requests to address the city council under oral communications are received
by the City Clerk prior to the time when oral communications are invited, and (5) that oral
communications are not subject to debate by the City Council. These changes will make the
Municipal Code consistent with current practice. In the matter of City Council debating issues
under oral communications, this change would make the Municipal Code consistent with state
law.
BOARD & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
HANDLING OF COUNCIL MAIL: Under the current Municipal Code, the City Clerk is
authorized to receive and open all mail addressed to the City Council. In practice, all council
mail is being received and opened by the Mayor/Council secretary. The recommended change
to the ordinance simply makes the ordinance consistent with current practice.
&'~I
Page 2, Item: -L
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Meeting Date: _ :j)1-I95
7)17 ?'
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AGENDA SUBMITTAL AND PREPARATION PROCEDURES: On 8/4/92, City Council
directed staff to assemble and mail city council agendas on Thursdays instead of Fridays. The
purpose for the change was to give Council an extra day to review the volume of information
they were receiving; to give the public more time to receive their notices of the meeting; and
to help eliminate last minute requests from Council to the City Attorney's Office. This became
effective October 1, 1992. Since this direction from the Council, the Municipal Code has never
been changed. Therefore, the proposed ordinance reflects the changes to make current
procedures consistent with the Municipal Code.
WRITTEN COMMUNICATIONS: Under the current Municipal Code, the deadline for
submitting written communications is 4:00 p.m. on Tuesdays. However, when staff receives
a written communication late on Tuesday afternoon, it does not give them adequate time to
investigate, prepare a report with a recommendation, and deliver it to the Clerk's Office on
Thursday in time to be included in the agenda packet. Therefore, staff is requesting that the
schedule be changed to reflect that written communications be received on Monday, eight days
prior to the scheduled meeting (and three days prior to the agenda packet being delivered to the
Council) in order to allow enough time for such an investigation and preparation of a report to
Council.
ORAL COMMUNICATIONS: The current Municipal Code sets a time when people can -..
request to speak under Oral Communications. This is no longer being done. Instead people
submit their requests to speak under Oral Communications when they arrive at the council
meeting and at any time prior to the item being addressed on the agenda. Also, another change
from the current Municipal Code is that oral communications are not subject to debate by either
the Councilor the public; this is established by state law.
FISCAL IMPACT: By giving the extra day to review written communications, it would avoid
last minute rushing which often lead to staff inefficiencies.
attach:
Draft Ordinance
Council Minutes
Current Municipal Code Sections
~
" ~;2.
2.
Delivery to Council. The agenda, together with all reports, resolutions
and ordinances pertaining thereto, shall be delivered to council members
on the fris!!)' T... hursd~y preceding the regular meeting.
..'.".,.........
"2.04.120
Written communications.
A. The city clerk is authorized te reeei'..e aRs epeR all !l'Iail aSSreS3e8 te tile eity
ecn:1Reil aRa sAw! give it imffiecliate attentieA t6 the eAB tRBt all aamiRistfB.tiye
busiJ~ess rererrecl 18 if! saicl eSFAffiHAieatisRs aRa Rst Aeeessarily TeflldiriAg e01=lR(,dl
aetisfl FAR)' he cJispesea sf eetW&.A eEH:lfleil ffieetiRgs. Previaoo, that wI
eSffiffi\:lflieatisRS aHa BAY aetieA wIeCH fHUSt:lBAt tRefeta sHall be repartee t8 the eit)'
eOl1fleil ARY 8SFAffitlAieatiefl ref!l:1iriAg eStlAeil aelisH sRall he plaeeS tlj}6A the
ageRsa fer (Re Aex! regtdar ffieetiAg te~etAer "A'itA a reJ3srt BRS reeefflmeRsatisA
6)' tRe eit), 31:af1. 1~.11 eerresp6fuleAee :iRan Be BAswerea aT aelmewleclgea as seSR
!!3 j'JfI1.etiea6Ie. l6place any communication requiring council action rec.eived at
the perk's Offjgeprior to four p.m. on Tms!!)' Monday, eight days preceding
eaclJ~olJllcil meeting, and shall be listed on the agenda as provided for under the
order of business established in this chapter. Any such communication received
the~eaft~r~hall1:>e listed on the agenda for the next regular council meeting held
thereafter. All communications shall be submitted to the Council with a report
anq recoTmendation by the city staff. All correspondence shall be answered or
~ckno~!e9ged ~soon as practicable. (Ord. **** ~l (part), 1995: Ord. 2426 ~2,
1990:0rd. 2085 ~4, 1987: Ord. 1486 ~2 (part), 1973: prior code ~J.205(4).)"
"2.04.130
Oral communications.
All citizens requesting permission to address the city council on any matter not contained
in the agenda of a regular meeting may submit such request to the city clerk Ret later
tllaR RiRe a.ff1. eR tile Frisay j3reeediRg eaell ee~Reil ff1eetiRg. prior to the time during
!h~.m~~~fugll(~hIch:'()ral Communications. are invited. The nature of the oral
c()mmllI)icatiori arid the name of the person or persons desiring to be heard shall be
clearly stated in such requests. S~ell aetieR will a33~re prierity ef thi3 ela3s ef
eeRUfll::iRieatiEHl eyer geRefal era} aasresses te the eeuReil. Such oral communications
shall not be subject to debate or participation by the city councilor other members of the
public present at the council meeting. (Ord. 1486 ~2 (part); prior code ~ 1.205(5)). .
Section 3. This ordinance shall take effect and be in full force and effect 30 days after its
second reading and adoption.
Beverly A. Authelet, City Clerk
e--Y
A"'Z '~~nn~
Bruce M. Boogaard, City Attorney
Presented by:
,:
Horton stated that after Council's discussion the previous week in closed session, discussing some of the
conflicts between a couple of the departments, she thought a solution would be to possibly move the
_.ng date over one day. It would give the Council more time to review the volume of the information
hey were given on Fridays and would give the public more access, more time to receive their notices
. elp eliminate last minute requests from Council to the City Attorney's office. After discussing the item
with the City Manager's office and the City Clerk's office, they led her to believe that was possible but
recommended that they consider having their packets presented to them on Thursday night. She felt that
the volume of infonmation that Council received was totally outrageous but giving them an extra day would
provide them more time to get through the infonmation. She said the City Manager did request that Council
give the deportment. thirty day. to implement the change. (08/04/92)
MSUC (Horton/Rindone) to change the deadline from Friday to Thursday for delivery of the agenda packet
and noticing to the public, to be effective in October.
tity Attorney Boogaard stated there was a matter of some urgency that came up the previous day as a result
of the settlement discussion he had regarding Siroonian versus the City of Chula Vista. He needed to discuss
it with the Council in closed session. He stated that it would require a 4/Sth1s vote.
MSC (Nader/Horton) that an urgency existed and add to closed session Siroonian vs. City of Chula Vista.
Approved 4-0-1 with Councilman Moore absent.
ADJOURNMENT
The City Council recessed at 7:00 p.m. and met in closed session at 7:24 p.m. to discuss:
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From City Council Minutes dated 8/4/92
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2.04.060 Meetings and conferences open to the public-bceptions.
All regular and special meetings of the city council, all regular and special conferences of the city
coun . and the meetings of all commissions and boards established by the city council shall be open to the
public. t all regular council meetings, all citizens shall have the right to personally or through unsel
present vances or offer suggestions for the betterment of municipal affairs, in accordance ith the
limitations p vided by this chapter to establish reasonable regulation of said meetings. Public rticipation
at special meet s of the city council or regular or special council conferences shall be lim' d by council
action, and no CI 'zens may be heard at such meetings or conferences unless permiss' n is granted or
requested by the ci ouncil. Pursuant to the provisions of the laws of the state, the c' council may hold
executive sessions fro which the public may be excluded for the consideration of e following subjects:
A. PersoMel matters: T onsider appointment, employment, or dismissal a public officer, person or
employee or to hear com aints or charges brought against an officer employee unless such officer
or employee requests a pu . c hearing. The council may exclude om any such executive session
during the examination of a . ess any or all other witnesses' e matter being investigated; and
to consider matters of labor neg 'ations with employee asso . tions or unions;
B. Anomey-client matters: To consider p posed or pend' litigation to which the city is a party;
(Ord. 1486 ~2 (part), 1973; prior code U.202
c. Security efforts for the public and public em loyee To meet with the chief of police and other law
enforcement officers on matters relating to see . efforts for the public, public employees and public
buildings.
~.070 Attendance.
Councilmembers are expect to attend all meetings of the city co cil. If a councilmember absents
himself without permission fro all regular city council meetings for thirty ys consecutively from the last
regular meeting he attends, . s office becomes vacant and shall be filled as a
~2 (part), 1973; prior cod 1.203).
Three embers of the council shall constitute a quorum and shall be sufficient to tr act regular
business. ess than three councilmembers appear at a regular meeting any member, or if all m bers are
absent, e city clerk, shall adjourn the meeting to a stated day and hour. The clerk shall cause a
noti of the adjournment to be delivered personally to each councilmember at least three hours befo
ad; urned meeting. (Ord. 1486 ~2 (part), 1973; prior code ~1.204).
2.04.090 Agenda-Submission of itemH'reparation-EIrect.
A. Preparation and Delivery of Agenda.
An agenda shall be prepared for each regular meeting, including Council Workshop Meetings,
containing a brief general description of each item of business to be transacted or discussed.
e
1. Delivery to City Clerk. Summary of agenda items shall be delivered to the City Clerk not later
than noon on the Tuesday preceding the regular meeting. Agenda items, i.e., background and
requests for particular actions or reports, shall be delivered to the City Clerk not later than .ten
(R 11/91)
32
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a.m. on the Thunday preceding the regular meeting.
agenda under the direction of the city manager.
The clerk shall thereafter prepare the
-...
2. Delivery to Council. The agenda, together with all reports, resolutions and ordinances penaining
thereto, shall be delivered to councilmemben on the Friday preceding the regular meeting.
B. Posting and Public Availability of Agenda.
The agenda shall be posted at least seventy.two houn before the regular meeting in a location freely
. accessible to the public, and be made available to the public as soon as practicable.
1. genda shall specify the time and location of the regular meeting.
C.
2. Items 0 usiness shall be placed on the agenda at the direction f the city manager; city
attorney; c clerk; a majority of the council; or a Council.ap ved board, commission or
committee up an affirmative vote of a majority of the entire m benhip of said body directing
same.
3. For items to be consi red as a public hearing at any ci council meeting, including Council
Workshop Meetings, st shall notice, and Council s I address, the public hearing at the
beginning hour of the mee which the public he . will be considered, or as soon thereafter
as the Council's agenda may rmit in its due co
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4.
S. .Mayor's Report" which section shall be reserved for
reports of the Mayor to the City, the st or e public on matten of City bwiness. If there is
any written material which is the sub' ct matte of a Mayoral Repon, the Mayor or his designee
shall make a diligent effon to pro de the City erk with a copy of said written' material in
sufficient advance time to permit e inclwion of s e into the Agenda and related material for
delivery to the Council.
6. The Agenda shall provide a ection entitled .Council Co nts. for Coundlmemben to directly
address the City, staff, r the public on items of inter t rCouncil comments.) to the
Council penon. If ther any written material which is the subJ matter of Council comments,
the sponsoring coun penon shall make a diligent effon to proVl the City Clerk with a copy
of said written m erial in sufficient advance time to permit the wion of same into the
Agenda and rel~d material for delivery to the Council.
/
D. Agenda Package Material.
Whenever feasible, each item on the agenda shall contain a staff recommendation
action ,uested to be taken by the council.
E. Prohibitation of Action; Exceptions.
No matten other than those listed on the agenda shall be acted upon by the Council, except as
provided in Section 2.04.100.
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(R 6/93)
1. A direction by the council to refer a matter not on the posted agenda raised by a member of the
Council or of the public. to staff for a report or to place a matter on a future agen shall not
. constitute action.
~rd. 2444 1991; Ord. 2426 II, 1990; Ord. 2185 ~2, 1987; Ord. 1486 ~2 (p prior code
~1.205(1)).
B.
2.04.100 Items Dot OD
The city council may tak action upon items of b . ess not on the posted agenda upon a
determination;
A. By a majority vote than an emergen
exisu; or
members present, that the need
C. The item was posted for a or meeting of the city co cil occurring not more than five calendar days
prior to the date action' taken, and at the prior meetin the item was continued to the meeting at
which action is bein en.
(Ord. 2185 ~3, 1987.' rd. 1486 ~2 (part), 1973; prior code ~1.205(2)).
2.04.110 requiring approval for form, legality or admiDistratiou.
_ ~rdinanCeS' resolutions and contract documenu shall, before presentation to the co cil, have been
~proved as to form and legality by the city attorney or his authorized representative, and sh ave been
. ..examined and approved for administration by the city manager or his authorized representative, wh there
. are substantive matters of administration involved. (Ord. 1486 ~2 (part), 1973; prior code ~1.205(
2.04.120 Written Comm1lDications.
A. The city clerk is authorized to receive and open all man addressed to the city council and sha1l give
it immediate attention to the end that administrative business referred to in said communications and
not necessarily requiring council action may be disposed of between council meetings. Provided, that
all communications and any action taken pursuant thereto shall be reported to the city council. Any
communication requiring council action shall be placed upon the agenda for the next regular meeting
together with a report and recommendation by the city staff. All correspondence sha1l be answered
or acknowlegded as soon as practicable. Such written communications considered by the city council
shall be presented to the city clerk by four p. m. on the Tuesday preceding each councU meeting and
shall be listed on the agenda as provided for under the order of business established in this chapter.
(Ord. 2426 ~2, 1990; Ord. 2185 14. 1987; OreS. 1486 ~2 (part), 1973; prior code 11.205(4)).
2.04.130 Oral communications.
All citizens requesting permission to address the city council on any matter not contained in the
agenda of. regular meeting may submit such request to the city clerk M't I......... ..1.'!II~ "i"". . - -A Ihe Fliday
proeetlint ea-L r-\Hl~ lIluting. The nature of the oral communication and the name of the person or
~rsons desiring to be heard shall be clearly stated in such reques~. $"'" aeB"" wm ......a rAe~ .4 this
(R 6/93)
3(
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_cli,SS 01 ~UJuu_aR:"_.' . "VIa Jr::~u...r81 __A1 _...I...1uuu tg 1:h.- - lIf1[~I:lE.R 8ral '6Hlmtlu;,"al.;UII~ :dU:lll nUL be-
.~jeet to Jseate er ,"~dp2tagA 1;j" 8t1n.~ un::wDcu Uj- dlt: yubl;", yu..n;~ul owl tt... ..........u...J ftl8t":"'g. (Ord. 1486
82 (pan), 1973; prior code 81.205(5)). """"
2.04.140 Order of business.
At the time set for each regular meeting, the councilmembers, city clerk, city manager, city attorney
an such department heads as have been requested to be present shall take their regular places in' the
coun . chamber. The'mayor shall call the meeting to order and the business of the council shall pi taken
up for onsideration and disposition in the order set by resolution, except that with consent of~ majority
of the co cil, items may be taken up out of order. All business brought before the council wil .-be promptly
attended t provided, that upon the request ~f any councilmcmber, the same shall be referr to the proper
official for in estigation before any action shall be taken thereon by the council as a w ole. The agenda
shall contain title headings and shall be conducted ill the order as set forth by solution of the city
council. (Ord. 1 181,1977; Ord. 1506 81, 1973; Ord. 1486 82 (pan), 1973; p . r code 81.206.)
A.
Items 'for inclusion 0 the agenda, which have been reviewed y the city manager and staff and
determined to not requ special Council consideration, mail a to the council for study and which
are made available to the blic prior to and at council meet' gs, shall be grouped together for action
by the city council. Staff rec endations on the action be taken for said items shall be indicated
in a concise and summary fo . These matters shall e listed under what is to be known as the
"consent calendar" in the order 0 business as indicate in Section 2.04.140. Adoption of the consent
calendar may be made by a simple otion approve 'by the city council; provided, however, that the
presiding officer shall first advise the udience th the consent calendar matters will be so adopted"-",,,,\
in total, by one action of the council less council member or any individual or organization .
interested in one or more consent calen i ms has any question or wishes to make a statement
relative to such an item. In that event, the siding officer may defer action on the panicular matter
or matters and place the same on the age a fo consideration in such order as he deems appropriate.
B.
It is understood that the motion for proval of ite s on the consent calendar encompasses therein
a waiver of the requirement of read' g of the text of dinances and resolutions contained therein at
a direction that the reading of th ext be waived and t the heading only be read, and in the case
of ordinances, that such ordina ce be placed on second r ding and adopted.
"
C. The written agenda availab to the public and to the city co cil shall provide the following notice
of explanation to the pub 'c concerning the consent calendar:
"All matters liste nder CONSENr CALENDAR will be enacte y one motion in the form listed
below. There I be no separate discussion of these items prior
the motion u ess members 'of the Council, staff, or the public guest specific items to be
discussed or removed from the Consent Calendar for separate acti . Members of the public
who wish discuss a Consent Calendar item should come forward to the ctern upon invitation
by the ayor, state their name, address and Consent Calendar item numb "
1991; Ord. 2426 83, 1990; Ord. 2116 81, 1985; Ord. 148682 (pan), 1
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(R 11/91)
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ORDINANCE NO. "'...> ~",
AN ORDINANCE AMENDING SECTION 10.48.030 OF Tl\I;) .{f'"
CHULA VISTA MUNICIPAL CODE - INCREASING S~~
LAW MAXIMUM SPEED LIMITS IN CERTAIN ARE~~ND
ESTABLISHING A SPEED LIMIT OF 35 MPH~ EAST
"J" STREET FROM CASSIA PLACE TO _,~l'VER ASH
DRIVE AND ADDING THIS LOCATION T~~EDULE IX
WHEREAS, based on provisions o~~~he California Vehicle
Code Section 40803, and pursuant to authority under the Chula vista
Municipal Code section 10.48.030, the City Engineer has determined
that in the interest of minimizing traffic hazards and traffic
congestion and for the promotion of public safety, the speed limit
on East J Street between Cassia Place and River Ash Drive be
increased from 30 MPH to 35 MPH; and
WHEREAS, a traffic and engineering study, as required by
State Law, was conducted by staff and it was determined that the
85th percentile speed on East "J" Street is 39 M.P.H. between
Cassia Place and River Ash Drive; and
WHEREAS, based on the traffic survey and accident data,
it has been determined that the speed limit should be posted at 35
MPH in accordance with the California Vehicle Code requirements;
and
WHEREAS, the Safety commission at its meeting of May 11,
1995 voted 6-0-1, with Commissioner pitts absent, to support
staff's recommendation and recommend to the City council to adopt
an Ordinance increasing the speed limit on East "J Street.
NOW, THEREFORE, the City council of the City of Chula vista
does ordain as follows:
SECTION I: That Schedule IX of Section 10.48.030 of the Chula
Vista Municipal Code, Increasing State Law Maximum Speed Limits in
Certain Areas, is hereby amended to include the following changes:
10.48.030 Increased Speed Limits in Certain Zones - Schedule IX
Name of Street Beginning At Ending At Speed Limit
East J Street Cassia Place River Ash 35 M.P.H.
Drive
SECTION II: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption, or when the
appropriate signs are erected giving notice of the maximum speed
limit, whichever occurs last.
Presented by
Approved as to form by
~ fV\ lCUIWL ~
Bruce M. Boogaard, cit
Attorney
John P. Lippitt,
Public Works
Dire7~oll7_ J
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COUNCIL AGENDA STATEMENT
Item--Z.
Meeting Date~("i _
.. 'l" ~7 '} 5
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ITEM TITLE: Ordinance .2~~ Amending Schedule IX, Section 10.~)1i of
the Chula Vista Municipal Code - Increasing State Law S~~mits in
certain areas and establishing a speed limit of 35 MPH on ~t "J" Street
from Cassia Place to River Ash Drive and adding this~ion to Schedule
IX. ~~
SUBMITTED BY: Director of Public works~1 1i1J1 / ~<vvo~~
hi If'V .
REVIEWED BY: City Manage~ ~,6. i (4/Sths Vote: Yes_NoX)
Based on provisions of the California vehijd C:; Section 40803, and pursuant to authority under
the Chula Vista Municipal code Section 10.48.030, the City Engineer has determined that in the
interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety,
the speed limit on East J Street between Cassia Place and River Ash Drive be increased from 30
MPH to 35 MPH.
RECOMMENDATION:
Approve the Ordinance establishing a 35 MPH speed limit on East "J" Street from Cassia Place to
River Ash Drive.
BOARDS/COMMISSIONS RECOMMENDATION:
The Safety Commission on May II, 1995, voted MSC 6-0-1, with Commissioner Pitts absent, to
support staffs recommendation and recommend to City Council to adopt an Ordinance increasing
the speed limit on East "J" Street between Cassia Place and River Ash Drive from 30 to 35 MPH.
DISCUSSION:
The City Engineer has determined the need to increase the posted speed limit on East J Street
between Cassia Place and River Ash Drive from 30 mph to 35 mph to comply with the California
Vehicle Code Section 40803 Speed Trap Evidence. Section 40803 requires evidence that a Traffic
and Engineering Survey has been conducted within five years.
East J Street in this area is a 50' to 64' curb to curb residential collector street with residences
fronting on both sides of the roadway. Most of East J Street is striped with a two-way turn lane
leaving one lane in each direction with parking on both sides. The design speed is slightly less than
40 mph because of the vertical alignment of the roadway. The Average Daily Traffic is 4,580
vehicles per day on East J Street in this area.
7~/
.-.
The above-mentioned traffic survey shows an 85th percentile speed of 39 mph. The accident rate
is 1.04 accidents per rnillion vehicle miles (A VM) which is much lower than the statewide average
of 2.12 A VM for similar roadways in the State of California. The seven (7) accidents that have
occurred over a period of over four (4) years, have been distributed over the one (1) mile length
covered by this Survey. There has been no pattern as to the type or location of these accidents.
There have been three (3) intersection accidents and four (4) segment accidents reported. Four (4)
of these accidents involved a single vehicle striking parked vehicles, and involved drivers operating
a vehicle under the influence of alcohol.
Based on the above data, it has been determined that the speed limit should be posted at 35 mph in
accordance with the California Vehicle Code requirements. The current survey expires on July 16,
1995. It is recommended that the City ofChula Vista Municipal Code be revised as follows:
10.48.030 Schedule IX - Increased Speed Limits in Certain Areas
Name of Street Beginning At Ending At Proposed Speed Limit
East J Street Cassia Place River Ash Drive 35 mph
All East "J" Street residents, between Cassia Place and River Ash Drive, were notified of the May
11, 1995 Safety Commission meeting. These same residents were notified of tonight's City Council
meeting. Of the resident's that contacted staff, most were in favor of raising the speed limit to 35
M.P.H. Staff did recieve one telephone call from a resident who is opposed to the 35 M.P.H. speed
limit.
.-.
FISCAL IMP ACT: The cost to replace six signs and seven pavement legends is $400.00. The
work will be accomplished as part of the Public Works Department's operating budget.
Attachment: Area Plat w/existing 30 mph speed limit signs
Engineering and Traffic Survey with supporting data
Excerpts from Safety Commission Meeting Minutes dated 5/11/95
(M:\home\engincer\agenda\Cassia.MJD)
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.
SPEED LIMIT -- ENGINEERING/TRAFFIC SURVEY:
STREET:
LIMITS:
East J Street
Cassia Place - River Ash Drive
.....,
Existing Posted Speed Limit:
30
MPH * See below for revision
SUMMARY OF SPEED SURVEYS
Segment:
Date Taken:
Number Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
Cassia PI. to
La Senda Way
3/15/95
100
37
46 - 24
La Send a Way to
Paseo Del Rev
3/15/95
100
39
53 - 27
Paseo Del Rey to
River Ash Dr.
3/15/95
100
39
48 - 27
ROADWAY CHARACTERISTICS
Width 40 - 64' het Number of lanes for both directions 2 - 4
Horizontal Alignment Curvilinear e/o Floyd Rmin. - 500'
Vertical Alignment +5% to -4.25% over 400' V.C. between La Senda Way and Arroyo Dr.
(Design speed less than 35 MPH)
TRAFFIC CHARACTERISTICS
Average Daily Traffic
On-Street Parking
4.580
Allowed.
(
Special Conditions Predominatelv sin2le familv dwellin2s. Church and nreschnnl a/n
Paseo Del Rey.
,......",.
Accident History The accident rate at this seQment (1.04 a~~idents neT million vehicle
miles) is lower than the avera2e accident rate (2.12) for similar roadways in the Stata
of California.
SURVEY RESULTS
Study was Prepared by
Leonardo Hernandez
Date
4/18/95
Recommendation Increase sneed limit to ~c; MPH due to IInmmat'"v nf .pfl!pn 1:11rvll'VJl:. ,.nAthJ:r.y
characteristics and traffi~ c:haracte~iJl:ticJl:_
Date reCOllllDen~ation approved:?I17 3. If?S-
By ~.,""~~ ;A:::'". /2.;;.1---
7-~
~~ES~
~~~.~
7/"!::(cr::'t' ~ \ G". \\
I Cl'J f.l: .,.. :0;:;\
- ".
i! f3 NCI. T::l.l!j!l3 mJl'
\\c; EXP. '--30-"5"" ;-1/ .........
, 0' ~j/
'~AF~frr\~
~OF C"'\.~
Approved speed 11mi t: 35 MPH
Per evc 40803. Survey Expires:
3/15/2000
{
an Of CH\1LA VISTA . VEHICLE SPEED SU.VEY
SECMENT UNDER SiUDY
;:-,., ~ .:r rA--- . ..,...-, "!'~~( ~'J 'J P ~t..1 D,.,
1-." .n.',_ ~- .0\ .:J
SURVEY SITE -I? ,; "I 1=;.}.ri Prl POSTED SPEED :9')
DATE 3-/t:-"f,"
t. ART //:?( ..1;M/PM TIME END )7 " "JC::- AM.<m> WEAlHER (-"; /;.",~ )
DIREC110N ~ _0 W -/ CUM.
MPH NUMBER OF VEHICLES TOTAL ~ ~
. It .. ..
60
59
58
:i1
56
55
5C
53
5iZ
51
50
411
45 r- ./ -; . ,,,-
47 .,., (~ ,. ~
46 C> c ...
~ .-/' , I ....
. ./ , ~'J
". I , "'':;
,'J /' /' /' '-' .- .",.-
41 0 ,-/ ~ "7 / c- .- ...
40 r~ I (..'
..39 rr. ~ /' /' ./ S .s ~.-. l:-
38 C r ,"'- {'. / < ~. ~.c
37 (- I"'i /""' /' .,,- .,,- /' / ./ 'I II ::J.~
36 (; /", '""'~. ," r-' r '"') ('/ ,,-' ./ ./ ".- ./ 13 I.; f.: -I
35 r 1".-, "", / , ./ ,/ /' ./ /", S"I
/~--
at G 11") ./ ,/ ./ (''; (", 'II
33 . ./ ./ / ,.. <;" 7<:;-
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11 n /' ,- ~ ...~
10 r I'" {' /' .,,- ,,- /' ~ :;I ~ '
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Zll C /' ~, l. ,-
u In (.I ,,- '( .. u
26 ,
~
24
;u
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RICORDE.R: ,/., L //. , j.l 1O'fAl. wu..a. Of WIHIICla /(";,..)
7--7
"
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,
v
SEGMENT UNDER sn1DY
~ ,..r
cr1Y OF CK1.1l.A VISTA. VEHICU SPEED SUllVEY
,./
r
L ./ / .",.. ..d:
~~-"~./.J"/"""":" r,~ _..:,,~ ,.;~. !"fA. f :IIfP:':" ~ fr'),_.;
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'T1ME END :J' 0"" j AM~ WEA!HER /" Y.',
~-'I"'-' ,
'~I ..-:J?", I
. '
DATE ~- /'C. ....~ .::-
i
T ~'TART? '1<"
st.JRVEY SITE
~
POSTED SPEED
(~
. . , ~
DlREcnON ,t:;" -0 t'~.J -/ CUM,
MPH NUMBER OF VEHla.ES lOYAL " "
. II II ..
60
59
58
57
56
55
Sf
53 c:> , , /"", -.
52 .., ,.., v"
,"
51 " -. .~
50 ,', .' . -
... . ~ .
49 -, .. ~ -
48 ,.., - ,-,,'
41 ,. c' _.
(,.,1 . ..
46 C' ., ......, -";
'45 ,~. ,.., - ..
~ :.- ,', ........
1 .P /~ /' "/ . " t.' :~ '1
Q ,;-. / ,
41 ~ / '-;' -.: ;..t ~'/
40 ,..-, '/ -:::;::; ./ ~ . ~/
~~ ::J -'
~39 0 :;:;;::;- -;;:::; ,...- ,- /". /' '/ /- [7 ,.., H '!!r. "'""'
38 ..-""J 0 ,/ ./ /' ./ ./ -' / / , ., -?~
37 ,-:' ,~ ," ,- .- I..... ./ "2 ,... ..-;...(
36 0 .'- ~ rr /' 1/ ,,/ /' ,,/ .' '" r; t".
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.
33 /") ", Cl /' ./" / ./ / /[ " ' St'
32 (;l I,~, --;;::;;:, '-;' / ./ ./ ". /' /' ,,. .'~ -;;....
31 n ,-- ',- ~ '" '"
,.
30 (") (.,- ./' '?' ~ c-
29 17 r7 ~ ~ ""
28 -==' r) ..
21' 17.- , ". /
26 . r", c? c;
25' c 0 r,;';
24 ..... ,-- ,-
23 --- (., ,--
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20 () ", ..,
,j
RECORDER: ,,~ 7_....</ 77 ,"'........... 0# ~ .__,... 7-r
:J
.....-..-\~I
u
T-30 CHULA YISTA RUN DATE: 6- 7-95
.
ROUTE SEGMENT COLLISION SUMMARY -- E J ST 1
INTRSCTN CROSS STREET NAME SGMNT PERIOO I: 1- 1-91 to 2-2B-95 PERIOD 2: 0- 0- 0 to 0- 0- 0 CHANGE
LOCATION OIST, HO SO RE BO HT 0' PE OT INT SEG NO SO RE BO HT 0' PE OT IHT SEG IN
COOE MILES ON SN AR SO DB TN 0 HR CLL CLL ON SN AR SO 08 TN 0 HR CLL CLL RAm
24500 CASSIA PL 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0
.16 0 0 0 0 I 0 0 0 1 0 0 0 0 0 0 0 0 0
22710 LA SENOA NAY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.07 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
22720 ARROYO PLACE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.10 0 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0
22730 ENTRADA PLACE I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
140 MESA COURT
140 MESA PL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.05 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
139 PAS EO DEL REY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^ 0 0
v
. 24510 REDBUD RD
24510 REDBUD PL 0 0 0 0 0 I 0 0 0 0 0 0 0 0 0 0 0
.09 I 0 0 0 0 I 0 0 2 0 0 0 0 0 0 0 0 0
24520 CHESTNUT CT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
24530 BEECHGLEN DR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
24540 RIYER ASH DR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
SUMMARY TOTALS .96 3 4 0 0
TRAFFIC YOL/COLLISION RATE: 6000/ .799 0/ .000 .000
-
7.1
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, May 11, 1995
7:03 p.m.
Council Chambers
Public Services Building
........
CALL TO ORDER
1. Roll Call:
Present:
Chair Thomas, Vice Chair Smith, Commissioners: Bierd, Cochrane, Liken, and Miller
MSC (SmithlThomas) to excuse Commissioner Pitts due to an unforeseen emergency, Approved 6-0-1 with
Commissioner Pitts absent.
Excused Absence: Comm issioner Pins
Also Present:
Hal Rosenberg, Traffic Engineer; Frank Rivera Associate Traffic Engineer; Sgt. Gene
d'Ablaing; and Shirley Buxton, Recording Secretary
2. Pledee of Alleeiance/Silent Praver
3. Ooenine Statement - Read by Chair Thomas
4. Aooroval of Minutes: April 13, 1995
MSC (Smith/Miller) to approve the minutes of April 13, 1995 as presented. Approved 5.0.1-1 with
Commissioner Pitts absent and Commissioner Bierd abstaining.
MEETING AGENDA
"""'.
5. REPORT on Request for Speed Humps on Albany Avenue in the area of Otay Elementary School
Commissioner Miller indicated she would have to abstain on the item since it would be a conflict of interest
related to her employment. She then left the dais.
Frank Rivera presented staWs report.
Hal Rosenberg indicated that Council had expressed an interest in a speed hump policy and that was why staff
was preparing a policy, even though in the past he was against them.
Chair Thomas indicated his pleasure that speed humps were being reviewed.
Commissioner Cochrane asked if there was a speeding problem in front of the school.
Frank Rivera said that the problems existed during the dismissal time. He could not say there was a speeding
problem, but parents were concerned because of the pedestrian activity in the afternoon.
MSC (Thomas/Smith) that the issue of speed humps on Albany Avenue be revisited at such time as the City has
a policy in place to govern installation of the design features. Approved 5-0-1-1 with Commissioner Pitts absent
and Commissioner Miller abstaining due to a conflict of interest.
6. REPORT on Increasing Speed Limit on East J Street from Cassia Place to River Ash Drive
Frank Rivera presented staff's report and showed slides of the area.
-,
7,/tl
UNOFFICIAL MINUTES
Safety Commission Minutes
May11,1995
Page 2
e
Uoyd Heiydt, 660 East J Street, Chula Vista, CA 91910, opposed the speed limit increase. He did not protest
the proposed increase for the entire street, but in the area of the crest on East J Street. La Senda Place was at the
top of the crest and it was a blind intersection because of the vertical curve. He felt staff should have pinpointed
where accidents occurred because he was aware of several accidents on the street. He proposed a 25 mph speed
limit from Cassia Place to the 'danger zone' at the crest of the hill. If an all-way stop were installed at La Senda
Place and East J Street, it would warn the motorists of upcoming changes in the roadway. He suggested extending
the raised median on East J Street, installing an all-way stop at La Senda Place and East J Street, and lowering the
speed limit near La Senda Place.
Mike McColley, 836 East J Street, Chula Vista, CA 91910, lived east of Paseo del Rey which was where East J
Street reduced in an easterly direction from two lanes to one lane. He had difficulty exiting his driveway because
vehicles traveling west exceeded the 30 mph speed limit. He opposed raising the speed limit to 35 mph. He
questioned the 85th percentile speed of 37-39 mph, when he saw vehicles that traveled over 40 mph. He had
not seen any officers recently enforcing the speed limit around East J Street.
Don Saker, 837 East J Street, Chula Vista, CA 91910, said the curves on East J Street were designed for 34 mph.
If motorists traveled 9 mph over the proposed speed limit at 44 mph, they would be traveling 10 mph over the
design speed. There was no sight distance to back out of his driveway. He said the street had only been posted
for the last two years at 30 mph and prior to that the street was not posted. The street should be posted at 25
mph. He felt the 30 mph was not being enforced and asked if the 35 mph would be enforced. There had been
seven accidents because of the two curves in the roadway. The accident statistics indicated that the street was
1/2 the State average. He felt actual accidents should be used for statistics and reduced to zero.
e
Robert T orbetf, 668 East J Street, Chu/a Vista, CA 91910, had been in law enforcement for 41 years and a former
Safety Commissioner. He walked East J Street almost daily and drove it several times a day. He supported the
increase in the speed limit to 35 mph and said that motorists did not drive the posted speed of 30 mph. The
Police Department frequented the area and wrote many tickets. After he left the Safety Commission, he almost
went to the City Council to request that another committee be formed to look at the removal of stop signs and
to increase speed limits within Chula Vista. There was no reason that the'speed limit could not be increased to
35 mph and still be safe, unless the City wanted a speed trap.
Chair Thomas asked staff for a comment on the design speeds as mentioned by the speaker.
Frank Rivera said the design speed for horizontal curve (left to right) had a minimum 500 feet radius, which
exceeded 35 mph. The limiting design speed was the vertical curve and the design speed was 34 mph.
Hal Rosenberg explained vertical curves and sight distance related to curves. He commented on one of the
speakers who indicated that if the speed limit were raised, the tolerance for speed would be greater. He
explained that without a speed survey, the courts would have difficulty upholding a speed ticket. A speed survey
was required in order to enforce speeding tickets. Motorists were currently traveling at 35-40 mph. If the 30 mph
posting remained, the Police Department would be powerless to enforce speeding because of the speed trap law.
Chair Thomas mentioned for the record that a flyer had been received from Mr. Dennis J. McCarthy, 723 East J
Street opposing the speed limit increase.
Hal Rosenberg mentioned that the courts were in favor of the increase based on the speed survey.
e
Frank Rivera said the current speed survey expired in July 1995 and, therefore, needed to be rlHlurveyed to
indicate current speed limits.
Commissioner Cochrane asked what would happen in five years when the next survey was completed and it was
found that the 85th percentile speed increased again. He asked if the speed would keep going up.
7-/1
UNOFFICIAL MINUTES
Safety Commission Minutes
Mayll,1995
Page 3
""""
Frank Rivera said the design speed of a roadway would be the limiting factor. The accidents and other criteria
would be reviewed at that time, but the design speed would ultimately keep a speed limit from be raised to an
unsafe speed.
Vice Chair Smith asked if the daycare center on East J Street qualified for any "Children at Play" signs or "25 mph
are children were present" signs. He also asked for accident history. .
Frank Rivera said the daycare center did not qualify for special signs. He then reviewed accident history.
Hal Rosenberg reminded everyone that with regard to accidents, only reported accidents that were investigated
by the Police Department were included in the report.
Commissioner Liken addressed the residents. He mentioned that he had been a police officer with the City and
frequently worked East J Street. He gave an account of his personal experience of working East J Street. He
reiterated staff's position that the speed survey had to be on file so that violations could be upheld. State law
stated that the 85th percentile was what most motorists considered a "reasonable and prudent" speed to drive.
The other 15% of motorists were driving at the extreme speeds that created accidents. There was more of a
danger if the City did not raised the speed limit, and therefore allow radar to be used to enforce speeds.
Commissioner Bierd asked about the possibility of a temporary speed zone until a more formal survey was
completed.
Frank Rivera responded that the speed survey conducted in March 1995 was a formal survey which would be
i~ effect until the year 2000. There was no such thing as a temporary speed zone. """"
MSC (LikenfThomasl to recommend to the City Council to adopt an ordinance increasing the speed limit on East
J Street between Cassia Place and River Ash Drive from 30 to 35 mph. Approved ~ 1 with Commissioner Pitts
absent.
7. REPORT on Request for an AII.Way Stop at Eastlake Parkway & Clubhouse Drive
Frank Rivera presented staff's report.
Hal Rosenberg indicated that if the intersection operated as a typical four way intersection, the traffic volumes
would be different and the warrants could come closer to meeting the required warrants for a stop signs. It would
require Eastlake High School to alter their circulation plan, which to date, they had not been willing to do.
Chair Thomas asked if Eastlake High School was still opposed to opening the gate at the main entrance.
Hal Rosenberg responded that staff had met with the planners and engineers for the Sweetwater Union High
School District and they were in concurrence about opening the gate. However, the Eastlake High 5chool
Principal was not agreeable to opening the gate.
Chair Thomas commented that the last time the issue was before the Commission, the Eastlake High School
Principal refused to meet with him.
Hal Rosenberg said the request for the stop sign had now come from the community.
Commissioner Cochrane suggested that the Commission not take action on the item. The school had elected to """"
close one of the main traffic avenues, which had compounded the problem. Until the school cooperated with
City, the decision should wait.
?-/~
UNOFFICIAL MINUTES
COUNCIL AGENDA STATEMENT
Item )f
ITEM TITLE:
Meeting Date 7/25/95
Resolution / 79 t, 7 _ Approving agreements between
the city of Chula vista and various community
promotions groups for expenditure of City funds
Agreement with Chula vista Jaycees
Agreement with Gretchen Evans (Library Concerts)
Agreement with U. N. Day committee
SUBMITTED BY: ::::e::::g::~B~~st 4/5 Vote: Yes___ No~
The 1994-95 budget includes t~e funding of various community
promotions organizations. The Council considered requests from
these groups during the budget session on June 14, 1995 and
approved funding in the following amounts:
.
.
.
.
Chula vista Jaycees
Gretchen Evans Library Concerts
U. N. Day Committee
Bonitafest
$2,280
$1,650
$ 380
$2,410
Agreements have been prepared between the City and each of these
agencies setting out the terms and conditions for receiving City
funding.
RECOMMENDATION: Adopt resolution approving agreements with
community promotions organizations for the expenditure of funds.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
As discussed during the community promotions budget review on June
14, 1995, the funding amount for the Jaycees only includes the Miss
Chula vista Contest (a decrease of $7,600 over previous years due
to the elimination of the Fiesta de la Luna). The $1,650 for the
Library Chamber Concert has been at this same level since 1993-94,
and will provide six concerts (3 in the fall and 3 in the spring)
two of which receive 30% matching funds from the Musicians Trust
Fund. The $2,410 for the Bonitafest Committee represents
reimbursement for staff services for this event, and the $380 for
the U. N. Day committee is for reimbursement of expenses incurred
for the annual U. N. Day festivities, which has remained the same
since 1989-90.
FISCAL IMPACT: Funds are included in the 1995-96
Promotions activity to support the above events.
community
8'- i/~- ~
I
RESOLUTION NO.
/7f~1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS BETWEEN THE
CITY OF CHULA VISTA AND VARIOUS COMMUNITY
PROMOTIONS GROUPS FOR EXPENDITURE OF CITY
FUNDS
WHEREAS, the 1995-96 budget includes funding of various
Community Promotions organizations; and
WHEREAS,
groups during the
following amounts:
the Council considered requests from these
budget sessions and approved funding in the
.
.
.
.
Chula vista Jaycees
Gretchen Evans Library Concerts
U. N. Day Committee
Bonitafest
$2,280
$1,650
$ 380
$2,410
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve agreements between the
City of Chula vista and Chula vista Jaycees, Gretchen Evans Library
Concerts, U. N. Day Committee and Bonitafest Committee, copies of
which are on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreements for and on behalf of the City
c: \rs\comproms
, City Attorney
Presented by
John D. Goss, City Manager
~P3li-f
AGREEMENT SETTING OUT THE TERMS AND
OBLIGATIONS OF THE UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
UNITED NATIONS DAY COMMITTEE, hereinafter referred to as
"Committee";
NITliE~~ET!!1.
WHEREAS, the City Council of the City of Chula vista
has determined that the designation of a United Nations Day
Committee serves a valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the United Nations
Day Committee through appropriation of reasonable amounts of City
funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organizations
unless an agreement has been reached between the parties setting
out the terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The United Nations Day Committee agrees to promote
friendly relations between all members of different nations who
come to Chula Vista, in exchange for which City will pay $380.
2. That the united Nations Day Committee agrees to
expend City appropriated funds to meet bona fide obligations
incurred in performing services related to the united Nations Day
Program, not to exceed $380 for fiscal year 95-96.
3. The Committee agrees to submit, on a yearly basis,
a complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $380 for
fiscal year 95-96.
1
~'3
, .
I
4. That the Council of the City of Chula Vista at its
discretion may require the United Nations Day Committee to
provide or allow the City to undertake a complete financial audit
of their records.
5. That the term of this agreement shall be for a
period of one (1) year, from 7-1-95 through 6-30-96, unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
COMMITTEE
UNITED NATIONS DAY
Mayor of the city of Chula vista
^~iL
Kitty Ra 0, Chairman
ATTEST
City Clerk
AP7 ~~
to
orm by r
City Attorney
c: \ag\UNdayCom
2
g"...t
I'
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE BONITAFEST COMMITTEE IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "city", and the
BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest"i
Nl.TH];;~~];;THl.
WHEREAS, the City Council of the city of Chula vista has
determined that support of the Bonitafest serves a valid public
purpose, and
WHEREAS, the city Council of the. City of Chula vista desires
to encourage the beneficial aims of the Bonitafest Committee
through appropriation of reasonable amounts of City funds, and
WHEREAS, the City Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may be
made out of any appropriation awarded said organizations unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In the event the Bonitafest Committee conducts the
annual Bonitafest Festival, the City will provide $2,410 in
police and transit services to the Festival without charge and
the City will waive the special event business license tax for
this event.
2. That the Council of the City of Chula vista at its
discretion may require the Bonitafest Committee to provide or
allow the city to undertake a complete financial audit of their
records.
3. That the term of this agreement shall be for a period of
one (1) year, from 7-1-95 through 6-30-96, unless further
modified to include other permitted expenditures of funds that
are appropriated by the City Council.
1
~~7
I,
I
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
BONITAFEST COMMITTEE
Mayor of the City of Chula vista
~4~
Chairman
ATTEST
City Clerk
forrl by
APprov,d as /0
~~/~
city Attorney
c: \AG\BONTAFST
(
2
t/~
.?.
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE BONITAFEST COMMITTEE IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest"i
!il.TH~B.B.~TH...
WHEREAS, the city Council of the City of Chula vista has
determined that support of the Bonitafest serves a valid public
purpose, and
WHEREAS, the city Council of the City of Chula vista desires
to encourage the beneficial aims of the Bonitafest Committee
through appropriation of reasonable amounts of City funds, and
WHEREAS, the City Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may be
made out of any appropriation awarded said organizations unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In the event the Bonitafest Committee conducts the
annual Bonitafest Festival, the City will provide $2,410 in
police and transit services to the Festival without charge and
the City will waive the special event business license tax for
this event.
2. That the Council of the city of Chula Vista at its
discretion may require the Bonitafest Committee to provide or
allow the City to undertake a complete financial audit.of their
records.
3. That the term of this agreement shall be for a period of
one (1) year, from 7-1-95 through 6-30-96, unless further
modified to include other permitted expenditures of funds that
are appropriated by the City Council.
1
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.
I;.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
BONITAFEST COMMITTEE
r
d~H t. /../.:. :>;1"...J /;: ..,
Chairman
Mayor of the City of Chula vista
ATTEST
City Clerk
ApproVEjd as to,~rm byn
/~Aib--./.
City Attorney \
,~
C:\AG\BONTAFST
2
2"---/ i)
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF
THE CHULA VISTA JAYCEES IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the day of _
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
CHULA VISTA JAYCEES, hereinafter referred to as "Jaycees";
NITHE.Q.QET!:!_
WHEREAS, the City Council of the city of Chula vista
has determined that the function of the Chula vista Jaycees
serves a valid public purpose, and
WHEREAS, the city Council of the City of Chula vista
desires to encourage the beneficial aims of the Chula Vista
Jaycees through appropriation of reasonable amounts of City
funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organization unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The Chula Vista Jaycees agrees to sponsor the "Miss
Chula vista" Contest.
2. city agrees to contribute $2,280 toward the cost of
sponsoring the event.
3. The Jaycees agree to expend city appropriated funds
to meet bona fide obligations incurred in performing services
related to the "Miss Chula vista" Contest in fiscal year 95-96.
4. The Jaycees agree to submit, on a yearly basis, a
complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $2,280
for fiscal year 95-96.
5. That the council of the City of Chula vista at its
discretion may require the Chula vista Jaycees to provide or
allow the City to undertake a complete financial audit of their
records.
1
ir- / I
,t
-
6. That the term of this agreement shall be for a
period of one (1) year, from 7-1-95 through 6-30-96, unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
CHULA VISTA JAYCEES
In~~. t)c..'-~
Chairman
Mayor of the City of Chula vista
ATTEST
City Clerk
'\
AP/P:;2. ~ to form by
. \ r
vk ~
City Attorney
c: \ag\ jaycees
2
8'-/;2.
~,
A'
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF
THE CHULA VISTA JAYCEES IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the day of _
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
CHULA VISTA JAYCEES, hereinafter referred to as "Jaycees";
NITN!;;'Q.s.~T!!_
WHEREAS, the City Council of the City of Chula vista
has determined that the function of the Chula vista Jaycees
serves a valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the Chula vista
Jaycees through appropriation of reasonable amounts of City
funds, and
WHEREAS, the City Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organization unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The Chula vista Jaycees agrees to sponsor the "Miss
Chula vista" Contest.
2. City agrees to contribute $2,280 toward the cost of
sponsoring the event.
3. The Jaycees agree to expend City appropriated funds
to meet bona fide obligations incurred in performing services
related to the "Miss Chula vista" Contest in fiscal year 95-96.
4. The Jaycees agree to submit, on a yearly basis, a
complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $2,280
for fiscal year 95-96.
5. That the Council of the City of Chula vista at its
discretion may require the Chula vista Jaycees to provide or
allow the city to undertake a complete financial audit of their
records.
1
gr"-/3
,y
, .
.
6. That the term of this agreement shall be for a
period of one (1) year, from 7-1-95 through 6-30-96, unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
CHULA VISTA JAYCEES
Mayor of the city of Chula vista
111ts''__ f~~-
Chairman
ATTEST
city Clerk
APprLt!ifO~ b:S
c~ty Attorney
c~\aa~jaycees
2
g'/I'I
AGREEMENT SETTING OUT THE TERMS AND
OBLIGATIONS OF THE UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "city", and the
UNITED NATIONS DAY COMMITTEE, hereinafter referred to as
"Committee";
tlI:rN~~~~:r!:!-,-
WHEREAS, the City Council of the City of Chula vista
has determined that the designation of a united Nations Day
Committee serves a valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the united Nations
Day Committee through appropriation of reasonable amounts of City
funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organizations
unless an agreement has been reached between the parties setting
out the terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The united Nations Day Committee agrees to promote
friendly relations between all members of different nations who
come to Chula Vista, in exchange for which City will pay $380.
2. That the united Nations Day Committee agrees to
expend City appropriated funds to meet bona fide obligations
incurred in performing services related to the united Nations Day
Program, not to exceed $380 for fiscal year 95-96.
3. The Committee agrees to submit, on a yearly basis,
a complete report of all expenditures and shall specifically list
the purposes furthered by the city appropriated funds of $380 for
fiscal year 95-96.
1
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".;:;
4. That the Council of the City of Chula vista at its
discretion may require the united Nations Day Committee to
provide or allow the city to undertake a complete financial audit
of their records.
5. That the term of this agreement shall be for a
period of one (1) year, from 7-1-95 through 6-30-96, unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
COMMITTEE
UNITED NATIONS DAY
Mayor of the city of Chula vista
A:~/L
Kitty R 0, Chairman
ATTEST
city Clerk
~PZ ~l to 10em by r
City Attorney
c: \ag\UNdayColl
2
~'-I?
:)
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE BONITAFEST COMMITTEE IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest";
N.I:rl!.r;~~.r;:rH.;..
WHEREAS, the city Council of the city of Chula vista has
determined that support of the Bonitafest serves a valid public
purpose, and
WHEREAS, the city Council of the city of Chula vista desires
to encourage the beneficial aims of the Bonitafest Committee
through appropriation of reasonable amounts of City funds, and
WHEREAS, the City council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may be
made out of any appropriation awarded said organizations unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In the event the Bonitafest Committee conducts the
annual Bonitafest Festival, the City will provide $2,410 in
police and transit services to the Festival without charge and
the City will waive the special event business license tax for
this event.
2. That the Council of the City of Chula vista at its
discretion may require the Bonitafest Committee to provide or
allow the city to undertake a complete financial audit of their
records.
3. That the term of this agreement shall be for a period of
one (1) year, from 7-1-95 through 6-30-96, unless further
modified to include other permitted expenditures of funds that
are appropriated by the city Council.
1
15>/7
>~
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
BONITAFEST COMMITTEE
Mayor of the city of Chula vista
aut ~
Chairman
ATTEST
city Clerk
APpro:!d "
as to form by
I (
f
~ V~
City Attorney
C:\AG\BONTAFST
2
?'~ / r
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE BONITAFEST COMMITTEE IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
, 1995 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest"i
Nl.TH~~~~Tll-,-
WHEREAS, the city Council of the City of Chula vista has
determined that support of the Bonitafest serves a valid public
purpose, and
WHEREAS, the city Council of the City of Chula vista desires
to encourage the beneficial aims of the Bonitafest Committee
through appropriation of reasonable amounts of City funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may be
made out of any appropriation awarded said organizations unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In the event the Bonitafest Committee conducts the
annual Bonitafest Festival, the City will provide $2,410 in
police and transit services to the Festival without charge and
the city will waive the special event business license tax for
this event.
2. That the Council of the City of Chula vista at its
discretion may require the Bonitafest Committee to provide or
allow the City to undertake a complete financial audit of their
records.
3. That the term of this agreement shall be for a period of
one (1) year, from 7-1-95 through 6-30-96, unless further
modified to include other permitted expenditures of funds that
are appropriated by the City Council.
1
fr>i9
31
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
BONITAFEST COMMITTEE
La",12 l-.k n~
Chairman
Mayor of the City of Chula vista
ATTEST
City Clerk
ApproVi:ld as to ~rm by /'
! /
I~V~J~~
City Attorney'
c: \AG\BONTAFST
~
2
~/ .,UJ
3
COUNCIL AGENDA STATEMENT
ITEM TITLE:
ITEM: 9
MEETING DATE: 7/25/95
Resolution 17,ts'APproving an Agreement with the
Nautical Heritage Society for the designation of Chula
Vista Harbor as the Southern Home Port of the Tall
Ship CALIFORNIAN
SUBMITTED BY: Public Informa~ion Coordinator GUlbranser
REVIEWED BY: City Managetf'4/5ths Vote: Yes_No-1L.J
Since July 1986, Chula Vista has had a contract with the Nautical Heritage Society
(NHS) designating the City as the Southern Home Port of the state's official tall ship, the
CALIFORNIAN. This Agreement extends that designation for five years and will include
participation of Chula Vista in the "Gold Discovery to Statehood" Sesquicentennial
celebration beginning in 1998 and continuing into the year 2000. The new Agreement
is for $27,662 the first year, which is included in the FY 1995-96 Non-departmental
Budget.
RECOMMENDATION: That Council adopt the resolution approving the Agreement
with the Nautical Heritage Society for the designation of Chula Vista Harbor as the
Southern Home Port of the tall ship Californian.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The attached Agreement represents a continuation of the designation of Chula Vista as
the Southern Home Port of the tall ship CALIFORNIAN. The new contract contains
some refinements; however, the Agreement is basically a continuation of the terms
contained in three previous contracts.
The terms of the Agreement are summarized below:
1. The term of the Agreement is five years, from July 28, 1995, to July 28, 2000.
Either party may terminate the Agreement for any reasons by giving thirty days
notice. If terminated, NHS will reimburse the City on a pro-rated basis for any
remaining part of the year.
2. The NHS has a separate contract with California Yacht Marina for use of Marina
Parkway Pier in Chula Vista Harbor.
9-/
Page 2, Item '7
Meeting Date~
3. The CALIFORNIAN must base its operations, including berthing, in Chula Vista
for at least twenty days per year, including Harbor Day, Environmental Awareness
Day, and one additional special event.
4. The ship will accommodate free public tours in Chula Vista Harbor on at least six
holiday or weekend days each year, including Harbor Day, Environmental
Awareness Day, and one additional special event.
5. The ship will be open for free tours especially designed for Chula Vista school
children during two weekdays each year.
6. The ship will serve as a goodwill ambassador for the City, be available for public
relations activities as the ship's schedule permits and fly the City flag when in San
Diego Bay.
7. A penalty of $500 will be assessed for every day fewer than 20 that the ship fails
to berth in Chula Vista Harbor during any year of the agreement.
8. All advertising and printed material produced by the NHS shall promote the City
of Chula Vista as the Southern Home Port, and the City has the right to use the
ship in its promotional materials.
9. At least one full Sea Cadet cruise (16 cadet positions) per year will be available
for Chula Vista high school students.
10. The NHS shall maintain a complete record of activities of the ship that relate to
the City and submit this record to the City at the end of each year of the
Agreement.
Additionally, through this agreement, Chula Vista ensures a role in the maritime activities
that are being planned for the "Gold Rush to Statehood" Sesquicentennial from 1998 to
2000.
BENEFITS OF THE HOME PORT DESIGNATION
The Nautical Heritage Society has been asked by "CAL 150" (California State Parks
Sesquicentennial Commission) to coordinate the "on-the-water" events for the 150th
anniversary of the Gold Rush along the entire California Coast. This agreement
continues Chula Vista's nine-year involvement with the CALIFORNIAN as well as
ensures the City's role in the planning and implementation of the Gold Rush to
Statehood Sesquicentennial activities.
9 -',2.
-?,
, -
Page 3. Item 'J
Meeting Date: 7/25/95
While planning for these events is just starting, preliminary plans include a parade of tall
ships visiting selected ports---including Chula Vista---along the California Coast. The
scheduling of various ships and the physical constraints of Chula Vista's harbor may not
allow all ships to visit here, however, Chula Vista will become a port-of-call for this major
historic celebration.
In addition, the Nautical Heritage Society is planning an expedition in celebration of
Russian-American history which will involve sailing two small Russian boats from Fort
Ross to Chula Vista. If the City is interested, the Society has indicated a willingness to
work with the City to plan a special event for the ships' arrival in Chula Vista Harbor in
late Summer 1996.
During the last nine years, the CALIFORNIAN has been an effective tool for the City in
promoting the bayfront as a recreational and visitor destination. The CALIFORNIAN and
other historic tall ships have formed the centerpiece of the bayfront's most successful
special events--Harbor Day, Winterfest and Environmental Awareness Day.
During the term of the previous contract, the CALIFORNIAN spent more than 60 days
in Chula Vista Harbor, including playing an integral part in the annual special events of
Harbor Day, WinterfesUParade of Lights and Environmental Awareness Day. Six free,
public open houses were held each year. In the 1994-95 school year, two five-day Sea
Cadet cruises gave a high seas educational adventure to 32 students from the region.
The NHS is instrumental in raising money to support scholarships for Chula Vista Sea
Cadets educational cruises, working with the Tall Ship Society of San Diego County.
The NHS has been instrumental in helping to bring other tall ships to Chula Vista for
special events and free public tours. These have included the "Red Witch," "Spike
Africa," "Witch of Wood" and "Pacific Swift," a Canadian tall ship.
Chula Vista was identified as the CALIFORNIAN's Southern Home Port in two issues of
the Nautical Heritage Society's newsletter, "Points of the Compass"; on 22,500
"Californian's and the Sea" brochures; and on 1,500 Chula Vista Environmental
Awareness Day action guides. Chula Vista is given a full page in the "Californian
Passport" and is mentioned in all the Californian Sea Chest coastal logs. All press
releases produced by the Nautical Heritage Society also identify Chula Vista as the
Southern Home Port.
The CALIFORNIAN has attracted local, regional, national and, on occasion, international
media coverage for special events, open houses, Sea Cadet sails, elementary school
programs and environmental awareness activities. Local newspaper coverage has
included stories and photographs in the San Diego Union-Tribune, Star-News, San Diego
Log, The Reader, La Prensa, Baja California and numerous other publications in the
9~;J
Page 4. Item '7
Meeting Date~
area. Radio stations throughout the county ran announcements about the
CALIFORNIAN's visits and open houses. The presence of the CALIFORNIAN in Chula
Vista Harbor also attracted television stations to the city. The CALIFORNIAN has
accommodated numerous public relations activities, including taking newspaper, radio
and television reporters on-board for stories.
Coverage in the state has included features---with many mentioning home ports---in
regional newspapers and magazines including Sunset Magazine, San Francisco
Chronicle, Yachtsman Magazine, Orange County Register and San Francisco Examiner.
Broadcast stories have aired on radio and CBS, NBC and ABC affiliates in the state.
Occasionally, the CALIFORNIAN has drawn national media attention with featured pieces
on "Sunday Morning", ABC Sunday morning news, CBS national news, "California Gold"
program and ESPN with Gary Jobson. Internationally, the CALIFORNIAN has received
extensive coverage on a Spanish sports station (similar to ESPN) that is broadcast in 80
countries worldwide for its work to help save whales in Mexican waters.
The CALIFORNIAN is designated as the official flagship of the National Oceanographic
and Atmospheric Administration (NOAA) for the California Marine Sanctuary System.
The CALIFORNIAN also is continuing as historic flagship for the U.S. Customs Service!
California region, and the Society is expanding its work with California State Parks to do
historic re-enactments throughout the State.
Chula Vista has had home port status since 1986 and currently is listed as one of the
CALIFORNIAN's four home ports, with Long Beach, Monterey and Port Hueneme. The
City of Monterey modeled its program after Chula Vista's successful example.
CONCLUSION
In addition to the involvement of the NHS in promoting Chula Vista, the City has used
the CALIFORNIAN in its visitor and economic development brochures and other public
relations communication tools to increase awareness of the bayfront and to help foster
a positive image of the City. Staff believes that continuing the contract with the NHS will
provide additional promotional opportunities in the future.
The Nautical Heritage Society is a private, nonprofit entity. The City's initial $25,000
grant to the Nautical Heritage Society did not increase from 1986 - 1992. In light of
operating budget increases ranging from seven to 24 percent between 1989 - 1992 and
increased expenses to operate the ship, the contract approved in 1992 increased the
base by a modest $1,000 to $26,000 for FY '92-93. It also provided for CPI increases
(up to a maximum of 5% per year) in the following years for a cost increase of 2.3% or
9-1
?J.:
Page 5. Item <1
Meeting Date~
a total of $26,598 in FY '93-94 and a cost increase of 2.1 % or a total of $27,157 in FY
'94-95. The Nautical Heritage Society's operating budget grew from $653,300 in 1989
to $772,400 in 1995 for an overall increase of 18.2%. For this contract, Staff
recommends a base amount of $27,662, with any f~ture CPI increase (up to a maximum
of 5% per year) at the City's option in the remaining four years of the agreement. Future
CPI requests will be brought back to the City Council for review.
California Yacht Marina, the leaseholder with the Port District for Marina Parkway Pier,
wholeheartedly supports the presence of the tall ship CALIFORNIAN in Chula Vista and
has given a signed license agreement to the Port District for use of the pier by this non-
profit group. Support for this Agreement also comes from the Tall Ship Society of San
Diego County, which provides hundreds of volunteer hours to staff the public open
houses, organize the Sea Cadet cruises and assist with Sea Chest programs.
FISCAL IMPACT: The FY 1995-96 cost of the proposed contract is $27,662 which is
included in the approved Non-departmental Budget. The City has applied for $8,000 in
funding for FY '95-96 from the County of San Diego's Community Enhancement Funds,
but at the time this agenda statement was prepared the County had not made a decision
whether or not to support this request.
In FY '94-95 the City did not receive any funding from the County; however, in FY '93-
94, $5,600 was received and in FY '92-93 $7,000 was received from the County to help
support this contract since the CALIFORNIAN and its activities serve the entire region.
Any County support would reimburse the City for expenditures.
1-5/t-?
..:..)i
RESOLUTION NO. J ?9~Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
NAUTICAL HERITAGE SOCIETY FOR THE DESIGNATION
OF CHULA VISTA HARBOR AS THE SOUTHERN HOME
PORT OF THE TALL SHIP CALIFORNIAN
WHEREAS, since July 1986, Chula vista has had a contract
with the Nautical Heritage Society designating the City as the
Southern Home Port of the state's official tall ship, the
CALIFORNIAN; and
WHEREAS, the new Agreement, for $27,662 for the first
year, extends that designation for five years and will include
participation of Chula vista in the "Gold Discovery to Statehood"
sesquicentennial celebration beginning in 1998 and continuing into
the year 2000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Agreement with the
Nautical Heritage Society for the designation of Chula vista Harbor
as the Southern Home Port of the Tall Ship CALIFORNIAN, a copy of
which is on file in the office of the city Clerk as Document No._
____ (to be completed by the Clerk in the final document).
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.
c: \ rs\ tallship
y
Presented by
Jeri Gulbransen, Public
Information Coordinator
9-7 /;- ~
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
NAUTICAL HERITAGE SOCIETY
FOR DESIGNATION OF CHULA VISTA HARBOR
AS THE SOUTHERN OPERATING PORT
FOR THE TALL SHIP CALIFORNIAN
This Agreement, dated July 25, 1995 for the purpose of reference only, and
effective as of the date last executed between the parties, between the City of Chula Vista
("City") herein, a municipal corporation of the State of California and the Nautical Heritage
Society ("Society"), a nonprofit Corporation, and is made with reference to the following
facts:
RECITALS
WHEREAS, the City of Chula Vista has been recognized since 1986 as the
Southern Home Port of the tall ship CALIFORNIAN, the designated official tall ship
ambassador of the State of California; and
WHEREAS, the Nautical Heritage Society, a private nonprofit corporation,
desires to continue the designation of Chula Vista Harbor as the Southern Home Port of
their tall ship CALIFORNIAN; and
WHEREAS, the presence of the CALIFORNIAN in Chula Vista Harbor provides
substantial benefit to the community's school students and to the residents of Chula Vista
in terms of education, recreation, publicity and economic development; and
WHEREAS, the City is providing $27,662 annual financial support for the
CALIFORNIAN and her activities;
NOW, THEREFORE, BE IT RESOLVED that the City and Society do hereby
mutually agree as follows:
SECTION 1: SERVICES
OPERATIONS IN CHULA VISTA
The CALIFORNIAN shall base its operations from Chula Vista Harbor,
including berthing for at least part of each day, for a minimum of twenty (20) days a year
9-9
subject to the availability of docking facilities. This minimum shall include Harbor Day (mid
to late September), Environmental Awareness Day Oan. or Feb.), and one additional special
event agreed upon by the City and Society. The Society shall be notified of the dates of
these special events at least 180 days in advance.
The Society shall maintain an agreement with California Yacht Marina (CYM)
for use of Marina Parkway Pier in Chula Vista Harbor and provide City with a copy of that
agreement. The Society shall provide City with the CALIFORNIAN's schedule in Chula Vista
Harbor at least 180 days in advance.
The tall ship CALIFORNIAN shall be commanded by a professional United
States Coast Guard licensed skipper at all times it is in Chula Vista Harbor.
PUBLIC TOURS
The Society shall accommodate free organized public tours of the
CALIFORNIAN on a minimum of six (6) holiday or weekend days (including Harbor Day,
Environmental Awareness Day and one additional special event) during each year when the
CALIFORNIAN is berthed in Chula Vista Harbor. Said tours shall be for a minimum period
of three (3) hours, except on Harbor Day and Environmental Awareness Day when the ship
will be available the full day for tours, parades and other activities. It is primarily the City's
responsibility to publicize such free tours and other public activities of the ship when it is
berthed in Chula Vista Harbor. If the CALIFORNIAN is not in Southern California waters
during a time the City desires to schedule one of the public tours, the City and Society may
mutually agree to substitute another of the Society's vessels.
During open houses, the Society shall provided a minimum of four crew
members on-board the CALIFORNIAN to conduct tours and ensure the safety of visitors.
The crew may be relieved only if the captain of the CALIFORNIAN deems that a sufficient
number of volunteers are on-board and performing the same duties expected of the crew.
During public open houses on-board the CALIFORNIAN, the Main Salon and
Governor's Cabin shall be open to visitors, unless an emergency situation dictates otherwise.
The CALIFORNIAN shall open for free public or school tours during two
weekdays during each year when berthed in Chula Vista Harbor for a minimum of six hours
each day.
PUBLIC RELATIONS ACTIVITIES
The CALIFORNIAN will serve as a goodwill ambassador for the City of Chula
Vista and be available for public relations activities of the City, such a day cruises and
receptions, as her schedule permits.
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The Society, which has been appointed by "CAL 150" (California State Parks
Sesquicentennial Committee) to organize on-the-water events for the salute to the Gold
Rush, will work closely with Chula Vista to ensure that the City will be included in the
planning and on-water activities of this major event.
The CALIFORNIAN shall fly the flag of the City of Chula Vista when it is
berthed in Chula Vista Harbor and sailing in San Diego Bay. City shall provide flag to
Society for this purpose.
City has the right to use the name or image of the CALIFORNIAN in
brochures, video and slide presentations, and other promotional materials published by the
City. Use of the Society's logotype by the City shall require written approval from the
Society. Society's approval shall not be unreasonably withheld.
All advertising in San Diego County and appropriate printed material produced
and distributed by the Society shall include the City of Chula Vista name and indicate that
Chula Vista Harbor is the CALIFORNIAN's Southern Home Port.
SEA CADET CRUISE
The Society shall provide to the City the right of first refusal each year for a
minimum of one (1) eleven-day Sea Cadet cruise (16 cadet positions) or two (2) five-day
cruises (16 cadet positions each) during the school calendar year for qualified youth in the
Chula Vista area. In the event that there are not students for the cruise, the positions may
be filled from other geographic areas. The City must inform the Society at least 180 days
in advance of its intent to place cadets on the cruise. In place of one (1) five-day Sea Cadet
cruise, the City and Society may substitute five days of another sailing/maritime activity, if
mutually agreeable to both parties.
RECORD OF ACTIVITIES
The Society shall maintain a record of the CALIFORNIAN's activities relating
to the City. This record shall include, but not be limited to, days in which the ship's
operations were based in Chula Vista Harbor, number and length of free public tours,
number of times the City was publicized in Society publications, day sails originating from
Chula Vista Harbor, etc. The record shall be submitted in writing to the City prior to the
end of July of each year covered by this Agreement.
SECTION 2: TERM
TERM
The term of this Agreement will be for five (5) years commencing on July 28,
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1995, and terminating on July 28, 2000. The City has the option to begin negotiations for
a new contract at the end of the fourth year on July 28, 1999.
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, Society shall fail to fulfill in a timely and proper manner
Society's obligations under this Agreement, or if Society shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this
Agreement by giving written notice to Society of such termination and specifying the
effective date thereof, at least thirty (30) days before the effective date of such termination.
TERMINATION OF AGREEMENT FOR CONVENIENCE
Either party may terminate this Agreement at any time and for any reason, by
giving specific written notice to the other party of such termination and specifying the
effective date thereof, at least thirty (30) days before the effective date of such termination.
SECTION 3: GRANT
GRANT AMOUNT
In consideration for designating Chula Vista as Southern Home Port and
providing community and public relations support, the City shall provide a yearly grant of
$27,662 to support the Society and activities of the CALIFORNIAN. This grant may be
adjusted annually, after the first year, at the discretion of the City Council, in an amount that
equals the percentage increase of the All Urban Consumers Price Index for the San Diego
Region (CPI) for the most recent twelve months, up to a maximum of 5 percent.
GRANT PAYMENT
For the first four years of this Agreement, the grant shall be payable on or after
July 28 of each year after a calendar of operations for Chula Vista Harbor has been
submitted by the Society and approved by the City. In the final year, half of the grant shall
be payable on or after July 28 after a calendar of operations for Chula Vista Harbor has been
submitted by the Society and approved by the City, the remainder of the grant shall be
payable on July 1.
PENALTIES
Failure by the Society to meet the conditions of Section 1: Service of this
Agreement specifying the minimum number of days in which the ship shall base its
operations, including berthing at least part of each day, in Chula Vista Harbor shall result
in a penalty of $500 per day for each day less than 20 days unless otherwise agreed to in
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writing by both parties. Such penalties shall be deducted from subsequent payments due
to the Society. If all payments due to the Society as specified in Section 3: Grant of this
Agreement have been made prior to a penalty situation being identified, the Society shall
refund to the City the amount equal to the penalty within 45 days after the end of the term
of this Agreement or 45 days after the Agreement has been terminated by either party.
If the Agreement is terminated by either party, any payment due to the Society
shall be pro-rated according to the percentage of the contract year expired. If terminated
by either party, any payments already made by the City to the Society shall be pro-rated
according to the percentage of the contract year expired and any amount due to be returned
to the City shall be payable within 90 days.
AUDIT
City may request a review and audit of Society's financial records. Said review
and audit shall be consistent with the terms of applicable Corporations Code requirements
relating to nonprofit organizations. In the event City desires an independent audit, said
audit shall be performed at City's sole cost.
SECTION 4: ADMINISTRATION
INSURANCE
Society represents that it and its agents, staff and subcontractors employed by
it in connection with the services required to be rendered, are protected against the risk of
loss by the following insurance coverage, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the City.
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
Coverage in the amount of $1,000,000.
Commercial General Liability Insurance coverage in the amount of $1 ,000,000
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the City
and Society in the same manner as members of the general public ("Cross-liability
Coverage"). Business Automobile Insurance is waived under the condition that the Society
does not transport guests, program participants or the general public in vehicles.
PROOF OF INSURANCE COVERAGE
CERTIFICATES OF INSURANCE
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Society shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
POLICY ENDORSEMENTS REQUIRED
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Society's Commercial General Liability
Insurance Policy, Society shall deliver a policy endorsement to the City demonstrating same,
which shall be reviewed and approved by the Risk Manager.
HOLD HARMLESS
Society shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Society, or any agent or employee, subcontractors, or others in connection with the
execution of the services covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its officers, or employees.
Society's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, Society at its own expense
shall, upon written request by the City, defend any such suit or action brought against the
City, its officers, agents, or employees. Society's indemnification of City shall not be limited
by any prior or subsequent declaration by the Society.
ADMINISTRATIVE CLAIMS REOUIREMENTS AND PROCEDURES
No suit or arbitration shall be brought arising out of this Agreement, against
the City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, as same may from time to time be amended, the provisions of which
are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Society shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
ATTORNEY'S FEES
Should a dispute arising out of this Agreement result in litigation, it is agreed
that the prevailing party shall be entitled to cover all reasonable costs incurred in the
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defense of the claim, including costs and attorney's fees.
ASSIGNABILITY
The services of Society are personal to the City, and Society shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
INDEPENDENT CONTRACTOR
City is interested only in the results obtained and Society shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Society's work. Society and any of the Society's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits, worker's
compensation benefits, injury leave or other leave benefits.
SOCIETY NOT AUTHORIZED TO REPRESENT CITY
Unless specifically authorized in writing by City, Society shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
NOTICES
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing.
ADMINISTRATION OF CONTRACT
Each party designates the individuals ("Contract Administrators"), as indicated
below, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this Agreement.
CITY CONTRACT ADMINISTRATOR
SOCIETY CONTRACT ADMINISTRATOR
George Krempl
Deputy City Manager
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5031
Steven Christman
Nautical Heritage Society
24532 Del Prado
Dana Point, CA 92629
(714) 661-1001
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SIGNATURE PAGE TO
AGREEMENT DATED JULY 28, 1995
BETWEEN THE CITY OF CHULA VISTA AND
NAUTICAL HERITAGE SOCIETY
DESIGNATING CHULAVISTA HARBOR AS
SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN
IN WITNESS WHEREOF, City and Society have executed this Agreement
this _ day of July 1995.
THE CITY OF CHULA VISTA
NAUTICAL HERITAGE SOCIETY
Mayor
Executive Director
A~~;/d as tofGrm: (
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City Attorney
Dated:
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 7/25/95
It)
ITEM TITLE:
Resolution /79 t. i Approving Submittal of a Curbside Initiative
Solicitation Announcement for $50,027 to the California Department of
Conservation, Division of Recycling.
SUBMITTED BY: Conservation coordinatorn^ ~
REVIEWED BY: City ManagerJQ ~&~/5ths Vote: Yes_ NoX)
BACKGROUND: The Department of ~nservation is soliciting proposals to test systems
and/or policies which can be used to abate the impact of illegal scavenging on curbside recycling
programs. The law requires that grants be awarded to non-for-profit organizations and/or
governmental agencies with registered curbside recycling programs. Eligible activities include
special patrols, community outreach, public education, and development of anti-theft collection
systems. Personnel services, equipment and subcontracting that is directly related to a curbside
anti-theft programs are all eligible for reimbursement.
The grant announcement was received in mid June and was due in Sacramento on July 14, 1995.
The grant was submitted to the State subject to City Council approval (Attachment A).
RECOMMENDATION: Adopt the resolution approving submittal of the grant application to
the Department of Conservation, Division of Recycling as requested by the State.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
(RCC) reviewed the grant application and voted to recommend City Council approval on July 10,
1995. The RCC also recommended that the City require the curbside contractor to start curbside
collection later in the morning (ie 7:00 a.m.) to reduce theft. A copy of the minutes are attached.
DISCUSSION:
One key to the success of Chula Vista's recycling programs is that all revenue, (redemption and
scrap value) from collected materials is returned to the rate payer in the form of lower rates. Over
the past eighteen months the curbside recycling program rates have changed from a $1.10 per month
per household charge, to a $2.43 per month per household credit. The avoided disposal credit and
revenue from the recovered materials has produced a substantially lower bi-monthly refuse bill for
each refuse/curbside recycling rate payer. However, curbside, multi-family and business recycling
participants have not received the full benefit of their recycling efforts. Theft from legitimate
recycling collection reduces revenues and avoided disposal credits that would offset costs even
further. The theft of recycling materials from designated recycling containers also impacts the City's
ability to meet State mandated recycling goals and reporting requirements.
The City of Chula Vista Municipal Code Section 8.25.080 states that, "It shall be unlawful for any
person other than the authorized City Personnel or Franchise Agent(s) to remove any separated
Designated Recyclable(s) or salvageable commodity from any Designated Recycling Collection or
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Page 2 Item ~
Meeting Date~f
Storage Location, or Designated Recycling Container... "
This grant proposal would provide funds to establish a referral network to report curbside theft
that will include the Police Department, Conservation Coordinator, private recycling contractor,
community groups and the general public. The program would encourage the City's Senior
Patrol, Neighborhood Watch, late night patrol officers, local businesses and the general public to
report recycling crimes in progress through a referral network. The grant provides funds for up
to twenty (20) hour per week of overtime for Community Service Officers, a computer, four data-
back cameras, mileage costs and approximately $5,000 for public education and information
materials.
A Community Service Officer (CSO) will utilize the computer and a data base of past curbside
theft to target patrols of the recycling area on recycling collection days, during key hours. The
CSO will site the perpetrators, photograph and confiscate the stolen curbside materials and turn
the materials over to the City's curbside contractor or agent. The City's agent will cash in the
containers and provide the police department with a receipt to accompany the photograph for
evidence. When a referral is made by the public for a crime that is not in progress, data such as;
the area, time and description of crime and perpetrator will be entered into the computer data base
to assist in targeting future patrols. If a vehicle license plate number is included in the report, the
vehicle owner will be notified, in writing.
FlSCAL IMPACT: There is no additional fiscal impact as a result of the recommended action
to adopt the attached resolution. Should the grant be awarded, staff will return to the City Council
for acceptance of the grant and approval of the service agreement, final grant budget and
conditions. If the grant award is then approved by Council, the City will receive up to $50,027
to implement the curbside anti-theft program through 1996 calendar year. The program does not
require matching funds and none have been promised. The Conservation Coordinator's time to
administer the grant and related overhead costs are part of the 1995/96 budget. All revenue
generated from the sale of materials in the curbside recycling program is currently applied to
reduce monthly charges to Chula Vista refuse recycling rate payers. The elimination of curbside
theft could produce an estimated $0.50 per month per household savings. The City Council will
have the opportunity to review the grant's potential impact when an award is made and the final
grant funding is known.
mlni2
a:0pp95-96.cas
Attachment
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RESOLUTION NO. /79 ~ /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SUBMITTAL OF A
CURBSIDE INITIATIVE SOLICITATION ANNOUNCEMENT
FOR $50,027 TO THE CALIFORNIA DEPARTMENT OF
CONSERVATION, DIVISION OF RECYCLING
WHEREAS, the Department of conservation is soliciting
proposals to test systems and/or policies which can be used to
abate the impact of illegal scavenging on curbside recycling
programs; and
WHEREAS, the law requires that grants be awarded to non-
for-profit organizations and/or governmental agencies with
registered curbside recycling programs; and
WHEREAS, eligible activities include special patrols,
community outreach, public education, and development of anti-theft
collection systems; and
WHEREAS, personnel services, equipment and subcontracting
that is directly related to a curbside anti-theft programs are all
eligible for reimbursement; and
WHEREAS, at its July 10, 1995 meeting, the Resource
conservation commission reviewed the grant and voted to recommend
City council approval.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve submittal of a grant
request for curbside Initiative Solicitation Announcement for
$50,027 to the California Department of Conservation, Division of
Recycling.
c:\rs\curbside.grt
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Presented by
Michael Meacham, conservation
Coordinator
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Curbside Initiative Grant Application Cover Page
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CITY OF CHULA VISTA
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CHULA VISTA ,
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Denise'Ducheny'
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T.MEACHAz.t, CONSERVATION COORDINATOR
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Steve Peace
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F_ Employ8r incorPOrated ID Number (FEIN) (00 N.
95';6000-690 ',' " " '
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Has your organization rilcei~d ,grant funding from the Department? If yes, Indicate the year(s) and amciurit(s):
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Is yOur Organ~tion Incorp~rated In Caiifomi~? :81 Yes ONo '
"yes, please provide the names of th~ folloWing officials: ' ,
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President
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CITY OF CHULA VISTA
CURBSIDE ANTI-THEFT COMMUNITY HOTLINE (CATCH)
TABLE OF CONTENTS
Application Cover Page
Project Summary
Page
i
1
Project Discussion
a) Description of Demographics
b) Description of Curbside Services
c) Describe and Quantify Existing Curbside Theft
d) Measures Used to Document Curbside Theft
e) Current Anti-Scavenging Policies and Programs
f) Community Involvement
g) Associate Community Benefits
h) Evaluation Procedures
i) Project Budget
j) Project Timeline
2
2
3
3
4
4
4
4
7
8
Project Description
1) Documentation & Measurement
2) Public Education & Promotion
3) Commitment to Enforcement
4) Continuation of the Program
5) Matching or In-Kind Funds
6) Demonstrations of Support
5
5
5
6
7
7
Budget
Timeline
7
8
Attachments
Map of the Project Area
Copy of the Anti-scavenging Policy
Recent Scavenging Article
Conditional Use Permit Overview
ii & iii
iv
v
vi & vii
This document Is printed and reproduced on paper with at Jeast 250/. polt-c:onlumer content
/~r?
5
Project Discussion
a) Description of DemoifllPhics' Chula Vista is the second largest City in San Diego County. The
City has a population of approximately 154,000 residents in an area of approximately 30 square
miles. Chula Vista is located only seven miles south of downtown San Diego and seven miles north
of the Mexico border. The City has a large Latino and Spanish speaking population.
Every single family and multi-family dwelling, trailer and mobile home park in Chula Vista is
required to have residential recycling services provided by Laidlaw Waste Systems Inc., the City's
contractor for refuse and recycling services. The collection program includes refuse, recycling and
yard waste collection services for 26,700 single family dwelling units as well as refuse and recycling
services for 18,900 multi-family dwelling units. The City bans specified recyclable materials from
being commingled with commercial or residential refuse.
One key to the success of Chula Vista's recycling programs is that all revenue, (redemption and scrap
value) from collected materials is returned to the rate payer. The curbside recycling program rates
have changed from a $1.10 per month per household charge, to a $2.43 per month per household
credit in less than three years. The credit or revenue from the recycling program has produced
approximately a $7.00 lower bi-monthly refuse bill for each rate payer. That lower rate and
economic incentive is the key element that Chula Vista will use over the next twelve months to make
its program one of the most successful diversion programs in the state.
b) Description of Curbside Services: The curbside program has been in place for three years.
Approximately 26,700 single family homes and dwellings of up to four units receive curb service.
Each household is provided with a single 22 gallon bin for mixed rigid containers. The program
accepts all empty glass, steel and aluminum food and beverage containers, empty steel aerosol and
paint cans, Polyethylene terephthalate (#1 PETE) and High density polyethylene (#2 HOPE) narrow
neck plastic bottles and screw top plastic containers. Residents are asked to bundle old newspapers
and place them next to the bin. Paper and rigid containers are placed in different compartments on
the truck at the curb. Residents also receive yard waste collection services.
The multi-family recycling program has been in place approximately one year. Approximately
18,900 multi-family units, (most four or more unit dwellings) receive central collection or cart
service for essentially the same list of rigid containers and newspaper offered the curbside program.
The refuse area of each multi-family complex has at least two 100 gallon carts, one for all rigid
containers and one for newspaper. Apartment and condominium residents are also provided with a
five (5) gallon basket to transport their recyclables from their dwelling to the refuse/recycling area.
A semi-automated vehicle collects the recyclables and compacts them into separate compartments.
Yard waste is collected in a separate vehicle and service is optional for multi-family dwellings.
Although the City does not have a contract for commercial recycling there is a commercial disposal
ban on specific items such as food and beverage containers and a significant amount of beverage
container recovery takes place in restaurants, and offices. More than a dozen recycling companies
and non-for-profit organizations collect paper and rigid containers from offices and restaurants.
Typically, rigid containers are co-mingled with one another but kept separate from paper. Each are
2
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e) Current Anti-Scaveniini Policies and Proil"ams: Chula Vista does have an anti-scavenging policy
and ordinance which has been in place since the 1992193 fiscal year. The City's contractor has
voluntarily enforced the ordinance by explaining the law to thieves that they catch in the act and
warning them. The City Recycling Coordinator routinely warns thieves that are caught in the act and
asks the perpetrator to return stolen material to the bins. In some cases the City has obtained the
vehicle license number from a third party and the City has sent a warning letter to the registered
owner of the vehicle. Under the conditional use permit process, new cecycling centers have recently
been required to establish a policy of not accepting stolen material. The condition requires that new
centers post a sign stating that they will not accept stolen material, including material from a curbside
bin or shopping cart. Residents who call the Recycling Hot-line are encouraged to report curbside
theft and to put their recycling containers out in the morning instead of the evening to cut down on
availability. Not enough enforcement hours have been dedicated to create a reasonable probability of
punishment and subsequent deterrent.
f) Community Involvement: The City has a standing Committee, the Resource Conservation
Commission (RCC), which reviews all refuse/recycling policies and procedures before they City
Council takes action on them. The committee includes a cross-section of residents including seniors,
students and minority representation. The RCC took an active role in developing the enforcement
options recommended in this grant proposal. The City also conducts frequent outreach activities in
schools and public events to inform the public of the impact. Residents that contact the Recycling
Hot-line are encouraged to report curbside theft that is in progress or provide a vehicle license
number and description whenever possible. The comments from hot-line telephone calls regarding
theft have been incorporated into this proposal.
g) Associated Community Benefits: Rate payers will be more equitably rewarded for their recycling
efforts. They will be rewarded and recognized for taking responsibility for the waste they generate
and divert. Promotion of the anti-scavenging program will build a greater sense of community for
refuse/recycling related issues. Residents that report theft from curbside recycling will be recognized
and rewarded for their support and will feel better about their participation in recycling programs.
Additionally, residents will receive the full environmental and fmancial benefit of their participation
in curbside programs.
h) Evaluation Procedures: The City has kept very good monthly tonnage records on its curbside and
multi-family recycling programs over the past three years. That information combined with state
reports on local redemption tonnage and waste characterization estimates will help to establish an
accurate base line for comparison. The proposed program will provide continued monthly tonnage
reports, recording of scavenger encounters (number of scavengers, type of items stolen and weights,
location of theft, type of dwelling, time of day etc.), and recidivism rates, that will provide a
comparison for ongoing progress report.
Project Description:
The City of Chula Vista dedicates one full-time mid-manager's position, the Conservation
Coordinator, to solid waste issues. The Conservation Coordinator will act as local grant
administrator and coordinate activities between City Departments, the recycling contractor and
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and 8:00 a.m. Monday through Friday. Their patrol effectiveness will be increased by targeting areas
based on referrals from the data base and crime in progress tips from the recycling program truck
drivers, senior patrol, neighborhood watch and grave yard shift patrol officers involved in CATCH,
the curbside anti-theft community hotline.
The key to enforcement will be taking the profit out of the crime. Confiscating the stolen curbside
materials will make theft less profitabll'<. The Officer will site the perpetrator, photograph and
confiscate the stolen curbside material:. and turn them over to the City's curbside contractor or agent.
The agent will be in the area between 6:00 a.m., and can be reached by radio. The recycling
contractor or City's agent (the local Conservation Corps) will cash in the containers at a certified
redemption center and provide the police department with a receipt to accompany the photograph for
evidence. The Chula Vista Police Department has contacted the local District Attorney and verified
that a photograph and receipt will be acceptable if this arrest where to be prosecuted in court.
Crime in progress referrals: Approximately twenty-five (25) recycling, refuse and yard waste truck
drivers will be in the designated recycling area between 6:00 a.m. and 2:00 p.m. each week day. The
drivers will be able to relay a message to police dispatch which can direct a CSO already in the area
to the scene of the crime. Patrol Officers that may be in the area, Senior Patrol members and
Neighborhood Watch Captains will also contribute to crime in progress referrals.
General referrals: Referrals made for crimes that have already taken place can be organized
(computer sort) by street. This data will help CSO's target specific blocks or neighborhoods where
recycling program theft is likely to take place.
The Conservation Coordinator and Police Department will also work closely with local redemption
centers to reduce or eliminate the profitability of theft from curbside recycling. The City has
recently placed a conditional use requirement on all new recycling centers that requires them to
establish and implement a policy to prevent the purchase stolen property. That includes the posting
of a sign and training of employees to not accept materials from a customer using a designated
recycling container or shopping cart.
Continuation of the Proifam' High visibility and consistent enforcement is a crucial element in
establishing the initial deterrent for curbside theft. The additional hours requested will accomplish
that goal by targeting the key hours that curbside, multi-family and commercial recycling thieves
operate. The successful elimination of curbside theft by this program will substantially reduce the
need for enforcement, however continued enforcement will be needed to prevent the pattern of theft
from being reestablished.
This program will create a public awareness that will support enforcement and an infrastructure that
will encourage community participation in enforcement. It is the Conservation Coordinator's
intention to return to City Council following the completion of a successful grant period and
recommend that portion of the AB 939 fee applied to City refuse and recycling costs be allocated to
continue a level of enforcement sufficient to prevent theft from reestablishing itself.
6
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Scavengers of I
curbside .trash
called problem
By Yvette Urrea
S&alfWrile.
South Bay homeownen may
want to think twice the next time
they lee lomeone combing
through their ClP"boide recycling
bins.
Trash officials lay acavenging
of recyclables il illegal and coste
ratepayers more money for the
program. They laid it has become
a problem throughout the county
.. well as the state.
Jim Weaver, general manager
for Chula Vista's trash provider,
Laidlaw Waste Systems, said
most people think once they take
their trash out to the curb, it
doesn't really matter. The truth is
scavenging does affect them.
He estimates that less than 20
percent of the recyclables that are
put out at curbside are stolen,
and says even that is a significant
number. Chula Vista conserva.
tion coordinator Michael Mea.
cham said one person could have
a bag of cans that is worth hun.
dreds of dollars and that's money
that could be going toward reduc.
ing the trash rate.
, Steve South, general manager
for National City's trash collector,
EDCO Disposal, said there has
, The big volley
How much does the
national volleyball pro.
cram look forward to relo.
cating In Cbula Vista?
Team oroclals took the
opportunity last week to'
drop off T-shirts to the'
City Councll and city atat.
ters that read, "USA Vol.
leyball dip Chula Vlata."
WhIle ahowlng oft hla
shirt, City Manager John
Goss used tbe occaalon to
announce, "The USA Vol.
leyball team Is moving
here. The national media
calls It the 'San Diego reo
Irion.' Well,. that meana
thula Vista."
Starr pholo by Jon Mot
Curbside recycling keeps trssh
rstes down In National City.
been an increase in illegal
scavenging resulting from the
drastically improved market
value ofrecyclables,
South explains that the recr'
cling program costs a certam
amount of money to run and the
recyclables that homeowners
provide have a value. That
amount is subtracted from the
program cost. The difference can
reduce or increase the cost to the
ratepayer.
Meacham said ratepayen in
Chula Vista at one time were
charged $1.25 per billing period.
As the redemption value of their
recyclables climbed to approxi-
mately $3.50, current rates reo
flect a cre!lit of approximately
$2.20 for recycling.
One example of the increase in
scavenging in Chula Vista's pro-
cram, said Meacham, is the col.
lection of newspapers. For the
last six months, Laidlaw had
been collecting some 314 tons of
newspspen a day at the curb. As
the value of newspapers went up
from $45 to $200 a ton, the collec-
tion rate at curbside went down
to only 265 tons a day.
Meachum said Laidlaw truck
Please see Recycling: A.S
JtJ-I.,2
(v)
Recycling-
Continued from pale A.I
driven who spy acavenging call
in to report to their supervison,
who then go out and explain to
people that it Is an illegal acti-
vity. For stubborn scavengen,
Meacham said, they have called
police. However, most acavenging
IS done during the night when
homeownen are sleeping and be-
fore trash collection has .tarted.
Chula Vista police have a copy or
collection routes.
Trash officials say the belt way
homeownerl can help reduce the
problem is to wait to put recycla-
ble. out until the morningjuat boo
fore trash trucks arrive.
In the meantime, South said,
he is working with National City
to look into obtaining an anti..-
cavenging grant for the city from
the California Department of
Conservation'. divilion or recy.
cling. Meacham said Chula Vilta
will submit its application to the
City Council for approval in the
next rew weeks. The deadline to
apply is July 14.
Both Chula Vista and National
City offer recycling or aluminum
cans, gl..s, plastic and news-
paper.
r-
'..:.)
Department of Conservation
July 13, 1995
Page 2
I believe that these conditions will allow residents the opportunity to obtain CRY refunds for containers
they have personally purchased, while reducing the theft from legitimate local recycling programs.
Sincerely,
~\(IC\?v)f\~
Micltael T-Meacham. .' ._)
Conservation Coordinator
mtm:doc
catch95.cup
(vii) Itl-j J
S'
\
~~ ~ tD
MINUTES OF A REGULAR MEETING
Resource Conservation Commi"'~on
Chula Vista, California
DRAFT
",
6:30 p.m.
~ondav. July 10. 1995
Conference Room 1
Public Services Buildin2
CALL MEETING TO ORDERIROLL CALL: The meeting was called to order at 6;40 p.m.
MEMBERS PRESENT:
Chair Burrascano, Commissioners Hall, Marquez, Clark, and
Thornburg
Commissioner Fisher
MEMBERS ABSENT:
STAFF PRESENT: Environmental Review Coordinator Doug Reid, Environmental Projects
Manager Joe Monaco, Conservation Coordinator Michael Meacham
APPROVAL OF MINUTES
MSUC (Marquez/Thornburg) (5-0), corrected by Marquez to modify under New Business,
second to last sentence, "that concern was also expressed regarding the open space on the upper
levels and that a suggestion was made that a play area be set aside on the ground level. "
PRESENTATION OF PROJECTS
2. Review of EIR-9S-03. MCA Amnhitheater (moved to first in order)
Staff Presentation
Environmental Projects Manager Joe Monaco reviewed the processing for this project, noting
that the draft EIR had been published on June 19, 1995 and had been sent to the state "
clearinghouse with a request for a 30-day (shortened) public review period due to project
scheduling needs. He stated that this request had not yet been acted upon, but that the project
was tentatively scheduled for a Planning Commission hearing and closing of the public review
period on July 19th. Mr. Monaco stated that approximately 1,500 public notices regarding the
EIR had been sent out in an effort to be as comprehensive as possible. He added that on June
22, a public forum had also been held at which some 23 members of the public had been in
attendance to discuss the project.
Mr. Monaco reviewed some of the environmental issues discussed within the EIR, noting that
this use is an unclassified use which requires a conditional nse permit. He stated that no land
use issues were identified. With respect to transportation and circulation, the project generates
approximately 12,000 ADTs at its maximum capacity, whereas currently planned uses for the
site could generate 14,000 ADTs. However, Mr. Monaco noted that the trips differed
characteristically, as most of the trips associated with the amphitheater would occur within a
single hour period. The southbound offramps of 1-805 at Otay Valley Road, as well as the
segment of Otay Valley Road from Nirvana to the bridge crossing the Otay Valley river would
be significantly impacted; measures are discussed in the EIR to mitigate these impacts, including
a traffic monitoring and management program. With these, impacts would be less than
significant. /!J ,- If
Resource Conservation Cnmmi....ion
-2-
. Julv 10. 1995
Mr. Monaco stated that noise is a major concern on this type of project. He stated that
construction noise could impact the riparian habitat, but that a biological consultant had
determined that it would not be significant. Traffic noise had been determined to be less than
significant, although concert noise was potentially significant, particularly to future residential
areas in San Diego and the Otay Ranch project. However, Mr. Monaco advised that three
mitigation measures had been identified and would be included in the conditional use permit.
With respect to noise impacts upon sensitive species, consultants had determined that based upon
the timing and duration of the noise impacts, they would be at less than significant levels.
Mr. Monaco reviewed other potential impacts, and advised that the environmental consultant
who had prepared the EIR, as well representatives for the applicant, were present to answer
questions.
Committee Ouestions/Discussion
Commissioner Hall stated that residents were located closer than was indicated; Mr. Monaco
stated that he had personally monitored the noise tests, and that there had been no audible noises
from any of the residential areas nearby. Ms. Hall stated that she was concerned about
discussion of fireworks and potential fire hazards, and the extent of the road improvements
which do not carry to the project entrance. Mr. Monaco responded that road improvements
would be required as far as the project entrance, but would not include Heritage Road beyond;
he also reviewed time frames involved with project improvements and monitoring programs
suggested.
Commissioner Marquez asked about the average duration of concerts; applicant Chris Bitterlin
stated that the average concert season would have approximately thirty-five events, although this
could vary significantly. He added that concerts as a rule do not get out past midnight, stating
that an average concert would likely start around 7:00 or 8:00 p.m. with an opening act and end
around 11:00 or II :30 p.m. He stated that most would take place during summer months; April
through October is the typical touring season. Mr. Bitterlin also stated that the sixty night
estimate was based upon additional programs such as the Summer Pops series.
Commissioner Burrascano questioned the noise levels described in the EIR. Commissioner
Marquez expressed concern about the open-air market and questioned the number of people
anticipated to attend. Traffic and customer counts were discussed. Commissioner Clark asked
about the lighting plan; Mr. Bitterlin stated that parking lot lighting would be shielded to prevent
it from going off-site and that theater lighting would be directed around the stage area.
Fireworks were discussed; Mr. Bitterlin stated that this would be sporadic; they would be shot
off right behind the stage over the paved parking area and would be within a very controlled
environment.
Commissioner Clark stated that one current least's bell vireo pair that lived within the sixty
decibel level area, and that in previous years there were others, questioning why this was
considered not to be a significant impact even though this exceeds Fish and Wildlife standards.
Mr. Monaco responded that this had been discussed in meetings with Fish and Wildlife staff and
that no clear direction had been provided. However, he added that the consultants had made
their determination based . upon the time and limited duration of the impact. Mr. Monaco noted
,10 -I"
Resource Conservation Comm;",~ion
-3-
~ July 16. 1995
that Fish and Game and Fish and Wildlife had not yet commented back on the report, adding
that this project was not the subject of a take permit but that certain trade-offs had been
discussed and included as mitigations.
Commissioner Clark asked if recommendations regarding an earthen berm had been incorporated
into the project; it was stated that an exterior berm had not been included, but that there was a
berm around the seating area. In response to questions about the proposed park trails nearby,
Mr. Monaco stated that it was not yet known where the trails would be but that the park would
be closed at night and fencing or patrols could be utilized to control these areas. Commissioner
Marquez asked if the Gtay Valley Regional Board had reviewed this report; Mr. Monaco stated
that copies of the EIR had been sent to their staff, but that he did not believe that commission
had formally reviewed the document.
In response to questions, Mr. Monaco stated that no written public comments had been received
regarding the draft, but that at a public forum the majority of the questions related to traffic.
Representatives from Baldwin had also voiced concern regarding noise impacts to future
residential projects.
Commissioner Marquez noted that reptilian and amphibian species had not been surveyed for
and expressed concern regarding oil and parking lot run-off into the river despite monitoring.
Mr. Bitterlin pointed out that the project's grass areas provided the opportunity to catch 35 %-
40% of the run-off, more than was currently prevented by the existing industrial park. Ms.
Marquez asked about opportunities for mass transit; it was indicated that this was planned for,
but that specifics had not been worked out.
Commissioner Hall asked about the alternatives and discussion ensued about the Bayfront site,
which is within the Port District's jurisdiction. Commissioner Marquez expressed concern
about the impact of sprinklers on the coastal sage scrub. Mr. Monaco stated that this project
was being required to dedicate the coastal sage scrub areas. Fiscal questions were mentioned
and Mr. Bitterlin stated that over a ten-year period, a conservative figure provided
approximately $4 million net to the City within that time frame.
Commissioner Marquez stated that it is difficult to evaluate suggested mitigation, especially
when so many of them are up in the air - i.e. when development comes in, then deciding how
to deal with noise. Mr. Monaco responded that with respect to noise, the project would be held
to the noise ordinance, and consultants had stated that there are feasible mitigations for this.
Ms. Marquez stated that she was also uncomfortable with indirect impacts, such as those to the
riparian areas.
Motion/Second (Burrascano/Clark) to accept draft EIR-95-03. Commissioner Hall stated that
she felt that traffic was problematic, and that public transportation should be seriously explored.
Commissioner Marquez stated that she could not see putting this type of use near residential and
regional park uses. Mr. Bitterlin stated that these were comments on the project itself rather
than the adequacy of the EIR. Vote on the motion was 3-2, Marquez and Hall opposed; motion
failed.
In response to further discussion of concerns, Mr. Monaco stated that to address concerns
regarding traffic, the establishment of a transit line, which is the City's responsibility, could be
required; also, the applicant could be required to establish a program for providing remote
)0 - /?
Resource Conservation Commission
-4-
c- Julv 10. 1995
parking and busing into the events. Commissioner Hall stated .that with this, she could vote in
favor of the adequacy of the EIR.
Motion/Second Carried (Hall/Burrascano)(4-1 Marquez opposed) to accept the adequacy of EIR-
95-03 subject to the inclusion of mitigation measures requiring the establishment of a transit line
from an appropriate transit facility (e.g. the closest trolley station) and the providing of a mass
transit type of transportation from remote parking locations.
Motion/Second (Marquez/Hall) (1-4, Marquez in favor) to recommend that serious consideration
be given to whether this use is appropriate for that part of the city, to the possibility of
increasing crime and impacts to nearby residents, and that the alternative amphitheater site at
the Bayfront be given consideration. Motion failed.
~. Scavenl!inl! Grant ADolication
Conservation Coordinator Michael Meacham stated that this item deals with an opportunity to
request funds from the Department of Conservation, Division of Recycling, for a new program.
Mr. Meacham noted that recent decreases in collection fees had resulted from successful
curbside recycling efforts, but noted that due to the increased value of recyclable products (e.g.
newspaper and aluminum cans), theft of curbside products has been occurring. As a result,
funds will be requested to address the problem; monies will include overtime for community
service officers in order to monitor this situation, which occurs largely between 4:00 a.m. and
8:00 a.m.
Mr. Meacham stated that late night patrol officers are already provided with a grid of the city
and where recyclables are collected on certain days. He further noted that Laidlaw keeps an eye
out for scavengers, but that the key is the ability to confIscate the materials found when
scavengers are caught. A computer is also being requested in order to keep track of repeat
offenders and make other cities aware of them as well. Mr. Meacham stated that Laidlaw would
be responsible for collection and property documentation, while his role would be to oversee the
program. Commissioner Marquez asked if this problem is widespread; Mr. Meacham stated that
with the current high value of the products, theft is occurring everywhere. He asked that the
commission approve the request for up to $50,000.00 with a statement of support, although he
stated that he anticipated the City would more likely be eligible for a grant in the range of
$8,000.00 to $15,000.00.
"
Members discussed situations in which they had seen strange trucks picking up recyclables. Mr.
Meacham further reviewed the numbers involved monetarily, as well as current efforts to
address the problem.
MSUC (Burrascano/Hall) (5-0) to recOmmend that the scavenging grant application be approved
and forwarded.
MSUC (Marquez/Burrascano)(5-0) to recommend that recycling pick-up occur no sooner than
7:00 a.m. in order to encourage morning placement of recycling products and reduce theft
opportunities.
l()~ IF
Resource Conservation Commk~ion
-5-
'. Julv 10. 1995
Mr. Meacham then reviewed the status of a variety of other current programs aimed at reducing
products in the waste stream.
4. Review of Nel!:ative Declaration 18-95-12. St. John's El)iscooal Church
MSUC (Hallrrnornburg) (5-0) to recommend approval of IS-95-12. In response to questions
by commissioners Marquez and Clark, Environmental Review Coordinator Doug Reid clarified
the number of students, as well as plans for the drainage channel. Commissioner Marquez
stated that she would like to recommend that the applicants ensure that non-water-invasive
plantings be utilized near the channel.
5. Review of Nel!:ative Declaration IS-94-11. 4th Ave. Street Imorovements
Commissioner Hall commented on the proximity of some of the houses to the new street. Mr.
Reid stated in response to questions that some houses would become non-conforming with
respect to setbacks, and that he believed that one property would have to be purchased.
MSUC (ClarklBurrascano) (5-0) to recommend approval of IS-94-11. Commissioner Hall asked
what would happen if an owner did not want the improvements; Mr. Reid responded that they
would not be forced to participate. He added that if a property was condemned as a result of
the improvements, the Initial Study would be amended and would be brought back to the
Resource Conservation Commission.
1. Election of Officers
After discussion, it was suggested that elections should wait until commissioner fisher was
present.
'.
MSUC (Burrascano/Clark) (5-0) to postpone election of officers to the next meeting when all
commissioners would be present.
REVIEW OF PLANNING COMMISSION AGENDA. MEETING OF JULY 12. 1995
Mr. Reid advised that the Trinity Adult Residential Care facility, PCC-95-24, was scheduled for
the upcoming Planning Commission meeting of July 12th.
STAFF COMMENTS
Mr. Reid provided members with information on the RCC's budget; he noted that it no longer
provides for outside secretarial services. Members questioned how other committee's obtained
such services; Mr. Reid responded that most utilized staff people. Chair Burrascano stated that
she had spoken with Planning Director Robert Leiter, who had indicated that if funds were not
available in the budget, a staff person could be utilized (other than Mr. Reid) for minutes. Mr.
Reid stated that printing and postage costs had increased substantially.
Jf) v /'1
Resource Conservation C(lmm;,,~ion
-6-
-- Julv 10. 1995
Mr. Reid stated that the MSCP package had just gone out to the City of San Diego. He noted
that rather than wait for the next agenda package delivery, he would send copies to members
within the next few days. Mr. Reid further noted that the County had requested a 9O-day
extension of time.
COMMISSIONER'S COMMENTS
Commissioner Marquez stated that a group called Friends of the South Bay was working with
Fish and Wildlife and the Port District to work with each city on a pet project directed towards
creating a wildlife refuge in the south bay area. Plans include an "eco-train" beginning in
National City; encouragement of an amphitheater in Chula Vista's bayfront area; a "habitat
hotel" and park in Imperial Beach; and a swimming beach in Coronado. The group is spt:"king
to Council members in bay cities in order to encourage their support for something that is eco-
touristic and well planned. Commissioner Marquez stated that a meeting with Mayor Horton
is scheduled for July 26 and that meetings with other councils is planned; she invited RCC
members to attend if they were interested in learning more about the efforts of this group.
ADJOURNMENT
The meeting was adjourned. at 9:30 p.m.
"
. rll/'.)V
I" -;).~
Council Agenda Statement
ITEM TITLE:
Itemg
Meeting Date 7/25/95
Resolution / '7 , 'J P' Accepting the State of California Used Oil
Opportunity Grant # UOG2-94-l40-37 ($104,000) and Used Oil Block
Grant # UBG3-94-734-37 (79,711.70) to Establish a Used Oil
Recycling and Public Education Program and Appropriate Funds
Therefore.
SUBMITTED BY:
~
REVIEWED BY:
Vote: Yes_ Nox..)
BACKGROUND: Oil sales and recovery recor s indicate that at least 250,000 gallons of used
motor oil are improperly disposed of in the greater Chula Vista area annually. Improper disposal
includes disposal in storm drains, and on open ground which pollutes our watershed, threatens
wildlife and destroys their habitat.
On December 13, 1994 City Council authorized a $73,130 Block Grant application. A $230,900
Used Oil Opportunity Grant application was also authorized in on February 14, 1995. Both
applications were submitted to the California Integrated Waste Management Board. The resolutions
required by both grant applications authorized the City Manager to execute the contracts. The City
has now been notified of a partial award of the Opportunity Grant and full award of the Block Grant
and City Council action is necessary to accept the awards and appropriate the funds.
RECOMMENDATION: Approve the resolutions, authorizing the acceptance and execution of
the grant as requested by the state, and appropriate funds therefore.
BOARDS/COMMISSIONS RECOMMENDATIONS: The Resource Conservation Commission
reviewed and recommended the Used Oil Opportunity Grant and Block Grant for submittal to the
CIWMB at their April 11, 1994 and June 20, 1994 meetings respectively. The minutes of those
meetings were attached to the resolutions authorizing submittal of the grants.
DISCUSSION:
Both the Used Oil Opportunity Grant and the Used Oil Block Grant (Grants) are regional grants that
include the Cities of Imperial Beach and National City. Their respective City Councils have
submitted resolutions authorizing the City of Chula Vista to execute the Grants on their behalf. No
funds will be paid directly to the cities but their residents will receive selected services.
The Opportunity Grant process is a very competitive process which is based on a two year cycle. The
City has already received $270,000 from the 1994/95 Opportunity Grant cycle. This award is for
$104,000 of a $230,900 request for the 1995/96 Opportunity Grant cycle (Attachment A). Although
/J~/
:~.c
Page 2 Item /1
Meeting Date 07/25/95
the City did not receive the full amount requested, the award is sufficient to continue the basic
program, add residential household collection and oil filter collection to the program. Accepting this
Grant obligates the City to employ one intern to assist with the program. This position will be fully
reimbursed by grant funds.
The Block Grants are awarded on a conditional, per-capita basis, and the City's award of 79,711.70
is 9% greater than the application amount of $73, 130 (Attachment B). The state has augmented all
Block Grant awards based on funding availability and State statute. Together, the Grants provide
$183,711.70 to continue a regional used oil collection and public education program. The Grants
will provide technical assistance to local automobile service centers to obtain state certification as a
used oil recycling center and maintain related used oil recycling programs. The Grants also provide
recognition and financial incentives for business owners and residents to participate. This is a
voluntary program that will put an emphasis on recognizing people doing the right thing for the
environment and reward them for that behavior. The Grants provide funds to purchase and distribute
free used oil recycling containers, place ads in the local media, print and circulate public education
material, and provide financial incentives to participants.
The Grants also provide funds for the City to contract with Laidlaw Waste Systems Inc., to establish
a residential used oil collection program. The program will collect used oil from residences with
curbside recycling service on an "on-call" basis.
FISCAL IMPACT: The total cost for this cycle of the Regional Used Oil Recycling
Program is $183,711.70. All of the costs associated with the execution of the Program are
reimbursable by the State. The Grants provides $7,500 for the Conservation Coordinator's salary and
approximately $9,500 for space rental, telephones, mileage reimbursement and/or other potential
"overhead" expenses the City may incur in implementation. Acceptance of the grant establishes a
commitment from the City to attempt to continue residential used oil collection after the grant cycle.
Laidlaw Waste Systems Inc., has committed to continuing the program at a cost of no more than
$0.05 per household per month in future years. That charge will only be necessary if there are not
sufficient Block Grant funds available in future grant cycles.
mtm2: accept. cas
Attachments
) /, ;Z
/,.
.:.-,(
Line Item Appropriations
Used Oil Opportunity Grant # U0G2-94-140-37
(Used Oil Opportunity Grant)
Personnel
Intern 25 hours per week @
aprox. $10.00 p/h 5105
Medicare
Pars
Total
$ 12,330
185
485
$ 13,000
Overhead (Admin-grants)
11,000
Contracts
58,000
Equipment
13,500
Materials and Supplies
Total
8,500
$104,000
Used Oil Block Grant # UBG3-94-734-37
270- Used Oil Block Grant
Contracts
$ 48,500
Equipment
5,000
Materials and Supplies
16,711.70
Other Costs
Total
9,500
$ 79,711.70
II';J )1-'1
Page 3 Item J (
Meeting Date 07/25/95
t~1
RESOLUTION NO.
/777CJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE STATE OF CALIFORNIA
USED OIL OPPORTUNITY GRANT #UOG2-94-140 -37
($104,000) AND USED OIL BLOCK GRANT #UBG3-94-
734-37 ($79,711.70) TO ESTABLISH A USED OIL
RECYCLING AND PUBLIC EDUCATION PROGRAM AND
APPROPRIATING FUNDS
WHEREAS, oil sales and recovery records indicate that
approximately 250,000 gallons of used motor oil are improperly
disposed of in the greater Chula vista area annually; and
WHEREAS, improper disposal includes disposal in storm
drains, and on open ground which pollutes our watershed, threatens
wildlife and destroys their habitat; and
WHEREAS, in December, 1994, the city Council authorized
a $73,130 Block Grant application; and
WHEREAS, a $230,900 Used oil opportunity Grant
application was also authorized in February 1995 to be submitted to
the California Integrated Waste Management Board (CIWMB); and
WHEREAS, resolutions required by both grant applications
authorized the City Manager to execute the contracts; and
WHEREAS, the City has now been notified of a partial
award of the Opportunity Grant and full award of the Block Grant
and city Council action is necessary to accept the awards and
appropriate the funds.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept the State of California Used
oil opportunity Grant #UOG2-94-140-37 ($104,000) and Used oil Block
Grant #UBG3-94-734-37 ($79,711.70) to establish a Used oil
Recycling and Public Education Program.
BE IT FURTHER RESOLVED that funds are hereby appropriated
as set forth in Attachment A, incorporated herein by reference as
if set forth in full.
Presented by
"d1
Michael Meacham, Conservation
Coordinator
Bruce M.
Attorney
C:\rs\used,oil
//~5 )1-6
{;'
RECYCLE
USED OIL
CA1.lfO~NrA
lNTEGRATFn
WASH
~l^N^(;EMF.NT
BOAI{\)
SHoo
CAt CENTER DR.
SACRAMENTO
CA 958.6
(916) 2.55-2200
rlllNTFP 0,,'
Rf.Cn:U,ll\'III'EIl.
:';:1qih)1;!":,,,"{1"!;~{I<:.- (~~;.
JUN 2 0 1994
June 16,1995
Attachment A
Michael Meacham
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
RE: Local Government Used Oil Opportunity Grant- Second Cycle No. UOG2-94-140-37
Dear Mr. Meacham,
Congratulations on being a Local Government Used Oii Opportunity Grant recipient. Enclosed is the
formal agreement for your grant, which includes the Standard Agreement, Terms and Conditions,
Administrative Procedures and Requirements, Budget Summary, and the Work Statement. There has
been a change in the term of the grant agreement. This grant will begin June 30, 1995 and terminate
March 31, 1997. This is a change of one month making this a 21 month grant agreement rather than 22
months. This change was made so that all final payment requests could be processed and submitted to
the CIWMB Accounting Unit before June 30, 1997 when the California Used Oil Recycling Fund monies
become unavailable. If you believe that this one month change will adversely affect the successful
implementation of your program, please contact Fernando Berton, at (916) 255-2343.
Please review all of the attached documents, and:
1. Complete the three remaining lines of the "Contracto~' section. Please note the "Authorized
Signature" .MU.SI be the person identified in your grant appiication resolution as having signature
authority for your jurisdiction for purposes of this grant. If your resolution includes "or designee",
you must submit a letter signed by the primary signature authority naming their designee(s).
2. Return 2Dh! the signed Standard Agreement no later than July 28, 1995, keeping the other contract
documents for your file. A postage paid envelope has be provided for your convenience. Upon
receipt of the Standard Agreement your CIWMB Project Manager wiil process the contract and
send you a fully executed copy. .
IMPORTANT: Please read the contract documents carefully, as the Terms and Conditions and
Administrative Procedures and Requirements have been sianificantly changed from last year. These
changes are being implemented to simplify grant management for both Grantees and the CIWMB. The
most significant of these changes is that Quarterly Reports will be replaced with Progress Reports
accompanying each payment request. For most Grantees this will reduce the number of reports due to
the CIWMB.
If you have any questions regarding this grant, please contact me at the number listed above, Chris Allen
at (916) 255-2136, or Pat McDermott at (916) 255-2586. Also, please make a note that Used Oil Grant
staff have a new FAX number, (916) 255-2318. We look forward to working with you in the performance
of this grant.
.~~~
Fernando Berton, Manager
Grants & HHW Section
Attachments
11-7
0.
STATE OF CALIFORNIA
STANDARD AGREEMENT
APPROVED BY THE
ATTORNEY GENERAL
CONTfV.CT NUMBER
UOG2-94-140-37
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
AM,NO
ST02 (REV.5-91)
THIS AGREEMENT, made and entered into this 30th day of June, 1995,
in the State of California. by and between State of California. through its duly elected or appointed. qualified and acting
AGENCY
CA Integrated Waste Management Board
. hereafter called the State, and
TITLE OF OFFICER ACTiNG FOR STATE
Executive Director
CONTRACTOR'S NAME
I City of Chula Vista ' hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants. conditions. agreements. and stipulations of the State hereinafter expressed.
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor,
time for performance or completion, and attach plans and specifications, if any.)
Contractor agrees to undertake and complete all necessary tasks to implement a local used oil collection program
as authorized by Public Resources Code ~48632(a) and as described in the Grantee's Local Government Used Oil
Opportunity Grant application.
The term of the agreement will be 21 months, commencing June 30,1995 and terminating on March 31,1997.
Contractor will be paid in accordance with Exhibit A and Exhibit B. The State will withhold 10% of the total grant
award until completion of all work and other requirements to the satisfaction of the State in accordance with this
contract.
Exhibit A Terms and Conditions
Exhibit B Administrative Procedures and Requirements
CONTINUED ON SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a pan of this agreement.
IN WITNESS WHEREOF. this agreement has been executed by the panies hereto. upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
,\GENCY CONTRACTOR (If Olher that an individual, state whether a COfllOration, partnership, etc.)
CA Imegrated Waste Management Board City of Chula Vista
IW (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE)
~ ~
PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Ralph E. Chandler
TITLE ADDRESS
Executive Director
AMOUNT ENCUMBERED BY THIS PROGKAMICATEGORY (CODE AND TITLE) I;UND TITLE Department of General Services
DOCUMENT CA Used Oil Recycling Use Only
$104,000.00 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ITEM ICHAPTER rTA TUTE rSCAL YEAR
$ - 0- 3910-101-100 139 1994 1994/95
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$104,000.00 1100-51845-702
I hereby cenify upon my own personal knowledge thal budgeted funds are available for IT.8:A. NO. IB.R. NO.
the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER IDATE
~
o CONTRACTOR
o STATE AGENCY
o OEPT. OF GEN. "; / _ %"
] CONTROLLER
o
[ ,
b.-,
California Integrated Waste Management Board
California Environmental Protection Agency
1994/95 Local Government Used Oil Opportunity Grant
Budget Summary
Applicant: City of Chula Vista (Regional)
Date: Thursday, June 15, 1995
Contract Number: UOG2-94-140-37
Curbside Collection $65,500.00
Certified Collection Center(s)
$11,000.00
Permanent Non-Certified Collection Center(s)
$0.00
Temporary/Mobile Collection
$0.00
School Education Program
$0.00
Public Education
$16,500.00
Other Costs
$11,000.00
$0.00
TOT AL GRANT AWARD:
$104,000.00
Total Less 10% Retention Until Project Completed:
$93,600.00
//'9
(t-
0.
(ORIGINAL REn~~ST)
EXHIBIT D
Local Government Used Oil Opportunity Grant
BUDGET ITEMIZATION
Grant Applicant City of Chula Vista
Date December 13.1994
CIWMB
FUNDS
CURBSIDE COLLECTION
Tank Improvements and Installation
Vehicle Purchase
Vehicle Rack Modifications, Test Kits
and Spill kits
Personnel Costs
Operating Costs; Fuel, Oil Tires & Maintenance
Collection Containers & Caps
TOTAL
$ 28,000
$ 27,000
$ 12,000
$ 8,000
$ ID,OOO
$ 7,500
$ 92,500
CERTIFIED CENTERS
Annual Awards & Recognition Event
Premiums
Oil Test Kits
Oil Filter Press (3)
TOTAL
$ 2,500
$ I,500
$ 1,000
$ 13,000
$ 18,000
SCHOOL EDUCATION PROGRAMS
High School & Adult Education Program:
Personnel Expenses
Materials, Supplies Special Events & Awards
Used Oil/Watershed Simulation Games
Elementary School Program
Intern appx. 15 hours pr/wk @ $ID pr/hr
TOTAL
$ 28,500
$ 27,600
$ 10,000
$ 11,000
$ 7,800
$ 84,900
PUBLIC EDUCATION
Graphics, Printing & Advertising
Intern appx. 25 hours per week @ $ID per hour
Nature Center Science Class & Visitor Program
Materials and Supplies
TOTAL
$ 3,500
$ 13,000
$ 7,500
$24,000
OTHER COSTS
Space Rental $ 3,500
Computer Upgrade (graphics) $ 500
Grant Mgr. approx. 338 hours @ $22.199 $ 7,500
TOTAL $ 11,500
TOTAL COSTS $230,900
THIS APPLICATION WAS PRINTED ON POST.CONSUMER CONTENT RECYCLED PAPER
13 /I'/~
&:
R.ECYCLE
USED OIL
CALIFORNIA
INTEGRATF.D
WAsn;
MANAGEMENT
BOARD
SHoo
CAL CENTER DR.
SACRAMENTO
CA 9SS:z.6
(916) 2.55-2.2.00
1'l\INITIlON
ItHY(:1-f.llPi\I'FK
~"..~.,,~,
Attachment B
June 16, 1995
Michael Meacham
City of Chula Vista
2764th Avenue
Chula Vista, CA 91910
RE: Used Oil Recycling Block Grant - Third Cycle Contract No. UBG3-94-734-37
Dear Mr. Meacham,
Congratulations on being a Used Oil Recycling Block Grant recipient Enclosed is the formal agreement
for your grant. which includes the Standard Agreement, Terms and Conditions, and the Administrative
Procedures and Requirements. The term of this grant begins June 30, 1995 and ends June 30, 1996.
Due to additional funding availability, all 1995/96 Used Oil Block Grants are being augmented by nine
percent For example, if the original grant award amount was $100,000, the new augmented amount is
$109,000. These funds can be used in the same manner as the funds previously awarded. No additional
budgeting or justification is necessary.
Please review all of the attached documents, and:
1. Complete the four lines of the "Contractor" section. Please note the "Authorized Signature" MlLSI
be the person identified in your grant application Resolution as having signature authority for your
jurisdiction for purposes of this grant If your resolution includes "or designee", you must submit a
letter signed by the primary signature authority naming their designee(s).
2. Return QO]y, the signed Standard Agreement no later than July 28, 1995, keeping the other contract
documents for your file. A postage paid envelope has be provided for your convenience. Upon
receipt of the Standard Agreement your CIWMB Project Manager will process the contract and
send you a fully executed copy.
IMPORTANT: Please read the contract documents carefully, as the Administrative Procedures and
Reouirements have been significantly changed from last year. These changes are being implemented to
simplify grant management for both Grantees and the CIWMB. Listed below are some of the changes
implemented In the new contract documents.
Grantees will generally be allowed freedom to modify their budgets and work statements without
CIWMB Project Manager approval as long as all costs are clearly related to implementing or
maintaining a local used oil collection program.
Grantees will need to receive pre-approval for certain types of specified costs. Payment Requests
with ineligible costs or costs that should have received pre-approval will be denied.
Quarterly Reports will be replaced with Progress Reports accompanying each payment request
For most Grantees this will reduce the number of reports due to the CIWMB.
If you have any questions regarding this grant, please contact me at (916) 255-2343, Chris Allen at (916)
255-2136, or Pat McDermott at (916) 255-2586. Also, please make a note that Used Oil Grant staff have
a new FAX number (916) 255-2318. We look forward to working with you in the performance of this
grant
Sincerely,
~B?2~rh
Grants & HHW Section
1/ - /1
Attachments
h'
STATE OF CALIFORNIA
STANDARD AGREEMENT-
APPROVED BY THE
A TIORNEY GENERAL
STO 2 (REV.5-911
N RAe UMB R
AM,NO
UBG3-94-734-37
TAXPAVER'S FEDERAl. EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT. made and entered into this 30th day of June, 1995,
in the Slate of California, by and between State of California, through its duly elected or appointed, qualified and acting
AGENCY
CA Integrated Waste Management Board
, hereafter called the State, and
'TITLE OF OFFICER ACTING FOR STATE
Executive Director
CONTRACTOR'S NAME
I City of Chula Vista . hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Se/ forth service /0 be rendered by Con/roc/or, amount 10 be paid Con/roc/or,
time for performance or comple/ion, and attach plans and specifications, if any.)
Contractor agrees to undertake and complete all necessary tasks to implement a local used oil collection program as authorized by Public Resources
Code ~48690 and ~48691. At a minimum, the comractor's local used oil collection program must:
1. Include a public education component that informs the public of locally available used oil recycling opportunities, AND
2, Ensure the contractor's Block Grant eligibility requirements are met by ensuring that either of the criteria below or a combination of the two are
achieved and maintained during the grant term so that all residents are served:
- Provides used oil curbside collection for all residents of the city including multi-family residences; or
- Ensures, that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection,
The term of the agreement will be 12 momhs, commencing June 30, 1995 and terminating on June 30, 1996. Contractor will be paid in accordance
with Exhibit A and Exhibit B. The State will withhold 10% of the total grant award until completion of all work and other requirements to the
satisfaction of the State in accordance with this contract.
Contractor agrees to abide by all legal and administrative requiremems for this grant as described in the Administrative Procedures and
Requirements. and in the Terms and Conditions excluding the paragraph emitled, "Payment" and amending the paragraph entitled, "Entire
Agreement" to read, "This agreement supercedes all p,rior agreements, oral or written, made with respect to the subject hereof," These documents
are attached to this agreement and incorporated by reference:
Exhibit A: Terms and Conditions
Exhibit B: Administrative Procedures and Requirements
CONTINUED ON SHEETS. EACH BEARtNG NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a parr of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR (If other thllan individual, state whether. corporation, partnership, CIC,)
CA Imegrated Waste Management Board City of Chula Vista
BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE)
~ ~
PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Ralph E. Chandler
TITLE ADDRESS
Executive Director
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) kUND TITLE Department of General ServIces
DOCUMENT CA Used Oil Recycling Use Only
$79,711.70 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ITEM rHAPTER rTA TUTE rlSCAL YEAR
$ - 0- 3910-602-100 817 1991 1994/95
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$79,711.70 1100-51843-702
I hereby certify upon my own personal knowledge that budgeted funds are available IT.B.A. NO. IB.R. NO.
for the period and Durpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER lDATE
~
o CONTRACTOR
o STATE AGENCY
o DEPT. OF GEN. SER. 0 CONTROLLER
//~J.:1..
o
,
(0
(ORIGINAL REQUEST)
BUDGET ITEMIZATION
EXHIBIT D
Grant Applicant City of Chula Vista
CERTIFIED CENTERS
Used Oil Recycling Containers
1,250 @ $3.00 each
2,500 @ $0.50 each
Technical assistance to existing Centers
& recruitment of new centers
TOTAL
PUBLIC EDUCATION
Recycling Incentives promotions/
gift certificates
Display Signage, Photos and Slides Updates
Bill Inserts, Point of Purchase & Other
Printing
Postage
Newspaper Advertisements/Graphics
Used Oil telephone referral lines
TOTAL
OTHER COSTS
Mileage Reimbursement
Space Rental
TOTAL
TOTAL COSTS
Date December 13, 1994
CIWMB
FUNDS
$5000
$47 000
$52,000
$ 1,330
$ 1000
$ 3 300
$ 1000
$ 3 500
$3000
$13,130
$ 500
$ 7 500
$ 8,000
$73,130
9% WAS ADDED TO ORIGINAL BLOCK GRANT REQUESTS DUE TO AVAILABLE
FUNDS! (ACTUAL AWARD IS $79,711.70)
//'/~
1:' '
CITY COUNCIL AGENDA STATEMENT
SUBMITTED BY:
/,)..
Item
Meeting Date 7/25/95
Resolution /797/ Approving submission to HUD by San Diego
County Housing Authority of application for development of public
housing, and approving amendment to the Cooperation Agreement
between the San Diego County Housing Authority and the City of Chula
Vista f\~
Community Developme~tf!rector {JJ.I
City Manage~ bvx tyi\\
()./l (4/5ths Vote: Yes _ No X)
BACKGROUND: On April 11, 1978 the voters of Chula Vista approved an Article 34
Referendum for 400 units of publicly-owned, low-income housing on scattered sites.
Subsequently, the Council entered into a Cooperation Agreement and Memorandum of
Understanding (MOU) with the San Diego County Housing Authority to provide 123 of those
units under the U.S. Departtnent of Housing and Urban Development's (HUD) Public Housing
Program. To date, 62 family and 59 senior units have been built in the City. HUD funds are
now available on a competitive basis, and the County Housing Authority has agreed to apply for
funds on the City's behalf. While the City has formed a Housing Authority, the County is
continuing to operate our Section 8 Rental Assistance Program and public housing development
during this transition period.
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: That the Council:
1. approve the submission by the County Housing Authority to HUD for up to 100 units of
family public housing to be located in the City of Chula Vista (maximum number of units
City is eligible to apply for in this round of funding), and
2. amend the Cooperation Agreement for public housing to allow for the development of
up to 100 additional public housing units (223 total).
BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Commission
at their June 28 meeting confirmed that a proposal for additional public housing, especially for
large families, is consistent with the City's Consolidated Plan which identifies affordable housing
for very low income, large families as a high priority.
DISCUSSION:
Background
The City of Chula Vista has formed its own housing authority and is active1y.pursuing with the
County Housing Authority the transfer of existing Section 8 Certificates/Vouchers allocated to
Chula Vista residents from the County to the City's housing authority. As part of this plan, the
/c1-1
'7(
Page 2, Item /.1.
Meeting Date 7/25/95
City would contract with the County Housing Authority or another local housing authority to
administer these certificates until there are enough certificates/vouchers to allow the City to
administer the Section 8 Certificate/Voucher Program using administrative fees from the
program.
In the meantime, the County Housing Authority is responsible for both Section 8 Rental
Assistance and public housing. In order for the City to access new HUD funding for public
housing during this transition period, the County Housing Authority needs to apply for funds on
the City's behalf. The County would be responsible for developing the units. In the past, they
have developed high quality, well managed public housing in the City.
The HUD Public Housing Program provides for the development of rental housing which is
owned and operated by housing authorities and is affordable to very low income households with
incomes at or below 50% of the area-wide median income (current maximum income is $22,700
for a family of four). Tenants pay 30% of their gross monthly income for rent and utilities.
Projects are self-sufficient, operating with rents collected from tenants. This is possible due to
the high level of federal funding.
The County Housing Authority has completed three public housing projects in the City of Chula
Vista; the 24 unit Melrose Manor project for families located at 1670-82 Melrose Avenue, the
59 unit Towncentre Manor Apartments for seniors located at 434 "F" Street, and the 22 unit
Dorothy Street family townhomes located at 772-92 Dorothy Street. The 16 unit family
townhome project for families located at 588 "L" Street is anticipated to be ready for occupancy
by January I, 1996.
A vailabilitv of Funds
On June 16, 1995 HUD announced the availability of funds for new public housing. Priority
will be given to applications which address housing needs resulting from natural disasters.
Funds can also be used for replacement public housing, or expanding public housing within a
community. The County Housing Authority would be applying under the category of expanding
public housing. Under this category, jurisdictions are limited to applying for no more than 100
units per community. Expansion of public housing can include new construction or acquisition
of existing buildings. HUD limits applications is this category to housing for families.
Units funded under the "Expansion of Public Housing" category will be required to participate
in the HUD Family Self Sufficiency (FSS) program which is a program housing authorities
operate for tenants of both public housing and Section 8 Rental Assistance. The FSS program
is designed to help tenants transition to unassisted housing through the provision of a variety of
social services and job assistance.
HUD is encouraging applicants to form partnerships with nonprofit organizations that will
provide services to tenants. They also desire mixed income projects where a portion of the units
are rented at market rates and are available to households regardless of income. Applications
demonstrating partnerships and/or mixed income projects will be awarded extra points. City
/ ;? - ;l...
'f
Page 3, Item ) t.
Meeting Date 7/25/95
staff will work with the County Housing Authority to pursue these goals if the application is
funded.
The County Housing Authority is also applying for 95 public housing units on behalf of the City
of Vista. If Chula Vista participates, the County would submit one application for 195 units.
In order for the City of Chula Vista to participate, we would need to amend our Memorandum
with the County to accommodate an additional 100 units. This is the maximum number of units
to be developed. The actual number of units will depend on the level of funding (the County
could receive funding for fewer or no units), as well as the City Council's direction concerning
proposed developments.
At this point, it is not necessary to commit to specific locations or types of housing. However,
the public housing funds could potentially be used to help satisfy inclusionary housing
requirements not yet satisfied by developers in the eastern portion of the City. Given that HUD
is encouraging mixed income projects, this could work particularly well within new subdivisions
in the City.
If funds are obtained, staff will work to locate appropriate parcels and would return to the
Council with a list of sites for their consideration. If no sites acceptable to the Council are
identified, the project would not go forward.
Need
According to the City's Consolidated Plan and Housing Element, the area of greatest need is
affordable rental housing for large families. It is especially difficult for large families to find
rental units with three or more bedrooms because the majority of rentals have two or fewer
bedrooms. This coupled with high rents make it especially difficult for low income large
families to find suitable, affordable housing. Thus, staff proposes to pursue public housing
targeted to large families (three bedrooms or larger). However, if public housing funds are
obtained they could also be used to build smaller units.
Development Parameters
If the Council votes to approve the submittal to HUD of a public housing proposal by the
County and the application is funded, then any potential project would be required to meet the
City's development and design guidelines outlined in the Cooperation Agreement between the
City and the County Housing Authority. These requirements are designed to give the City local
control over any public housing located within the City. The most important of these include
the following:
* the City Council shall approve all sites selected for development of public housing;
* the City Council will approve project design;
* the Building and Housing Director and Director of Community Development will provide
1.2,3
T
Page 4, Item
Meeting Date 7/25/95
/..2.
input into the construction bids received by the County Housing Authority;
In addition to the requirements in the Cooperation Agreement, the Memorandum of
Understanding between the City and the County Housing Authority establishes guidelines that
the County Housing Authority has agreed to follow. These include:
*
the City manager and staff will be kept informed of and provide input into the
development process;
*
all development should conform to current zoning and design criteria, and meet or exceed
building and safety codes;
*
public housing must be located at least 300 feet from any other public housing site;
*
at least 10% of units must be accessible to people with disabilities; and
*
public housing for families shall not exceed 25 units on anyone site.
Amendment to Memorandum of Understanding & Approval of Application Submission
In order for the County Housing Authority to apply for 100 new units of public housing on
behalf of the City of Chula Vista, the Council needs to accomplish the following:
Adopt Council Resolution approving the County Housing Authority's submittal to HUD
of an application for 100 new public housing units (new construction or acquisition of
existing housing) and amending the Memorandum of Understanding between the City and
the County Housing Authority to increase the number of units to be developed from 123
to 223. (To date, 121 units have been developed.)
FISCAL IMPACT: No City or Agency funds are requested at this time. If the County
Housing Authority is awarded HUD funds for units in Chula Vista, it is likely that
Redevelopment Agency Low and Moderate Income Housing Funds will be requested to enhance
the project to make it of a quality acceptable to the City. Such Agency participation might be
in the form of land acquisition assistance or funding architectural upgrades. The current fund
balance in the Agency's Housing Fund is approximately $200,000.
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RESOLUTION
/717)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL TO HUD OF DEVELOPMENT PROPOSAL BY SAN
DIEGO COUNTY HOUSING AUTHORITY FOR LOW-RENT PUBLIC HOUSING
DEVELOPMENT IN THE CITY OF CHULA VISTA AND APPROVING SECOND
AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE SAN
DIEGO COUNTY HOUSING AUTHORITY AND THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, under the provisions of the United States Housing Act of 1937, as
amended, the United States of America, acting through the Secretary of Housing and Urban
Development, is authorized to provide financial assistance to local public housing agencies for
low-rent housing projects that will assist in meeting this goal; and,
WHEREAS, the Act provides for local determination and approval of the
provision of such housing; and,
WHEREAS, the San Diego County Housing Authority is a local public housing
agency empowered to act in this locality; and,
WHEREAS, the San Diego County Housing Authority and the City of Chula Vista
have entered into a Cooperation Agreement and a Memorandum of Understanding for
provision of low-rent public housing units as amended on 4/7/87; and,
WHEREAS, the San Diego County Housing Authority desires to submit a
development proposal for 195 units of low-rent public housing 100 of which will be located
in the City of Chula Vista; and,
WHEREAS, the Cooperation Agreement between the County Housing Authority
and the City of Chula Vista authorizes 1 23 units of public housing, and 121 have previously
been developed; and,
WHEREAS, the City wishes to increase the number of units permitted from 123
to 223 to allow the County Housing Authority to seek approval for an additional 100 units;
and,
WHEREAS, a second amendment to said Cooperation Agreement to increase
the number of authorized units has been presented to the Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby find, order, determine, resolve and approve the submittal to HUD of a development
proposal by the San Diego County Housing Authority for development of up to 100 units of
low-rent public housing, said approval being subject to the Cooperation Agreement with the
County Housing Authority for public housing, as amended.
BE IT FURTHER RESOLVED that the City Council approves the second
amendment to the Cooperation Agreement in the form presented and authorizes the Mayor
to sign said agreement. A copy of such amendment is to be kept on file with the City Clerk
as Document No.
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Resolution XXXXX
Page 2
NTE]Y:
Chris Salomone, Execu
Community Develop
A:\HOUSING.RES
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APPROVED AS TO FORM BY:
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SECOND AMENDMENT TO COOPERATION AGREEMENT
TbIa Second Amendment to the Coopera!lon Agreement ente.cd into this _th day of July, 1995, by
and between the Housing Authority of the County of San Diego (herein ailled "Loc:a1 Authority") and
the City of ChuIa VISta (herein caned the "Municipality") witnasseth:
In coaslderation of tho miltua1 covelllllls hereiDafter act forth, the parties herein do agree IS follows;
. ... .. .--- -,.
1. 'll1e LaClll Authority shall endeavor. (a) to &eCUI'Il a QOntract or COntraets with the
Government fur loans, grants and llIIlUaI contributioll8 covering one or more projects
cmnprising approximately 2Z3 unlts.oflow-rem hnn...g; and (b) to develop or acquIre and
administer audI Project or Projects, ~ o~whIch ~bo ~o~ ~!~~..the CC>>E.ofl!-U'limits
of the municipality. The ob~PtiOOs oft'hc ~litiCto IIiBIl apply to each such Project.
All other terms and oondiIiOll8 of the Cooperation Agreement remain unchanged.
IN WITNESS WHEREOF the Municipality and the LoClll Authority have respectively signed this
FlI'IIt Amendment to the Cooperation Agreement and caused their scaJs to be affixed and attested as
of the day and year first written,
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The Housing Authority (Jfthe
County of San Diego
By:
By:
DepUty Director
(BBAL)
City of Chula Vista .
By;
By:
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pr~sT AMENDMENT 'l'O COOJ'ERATlON AOkBEMENT
TIll. Plnl AIllI"d""1I1 I. Ibo Cvop.fIll.. ...,cce,nelll cnlorod InlO IlIlt 'Jth day
or Aptll 111'7 by "" belwlOIl Iho HO.IIIl' AVlhOtlty (lr Ihe eoutll)' or San
DI.,o (beroln ..lIed Iho ('LlJQI AUlborll)"') Ind Ihe CII)' or Chela Viotl (lI.reln
o.II.d tllo Muatelp&lIlt) wIIDO'.'lh:
III cOOlid.'llI.n or the 11I111..1 oO"ellllnll herelp.tlt. I.t 'orl", 11,0, PUli<<
hORI' do ..reC I. tollowa:
I. The lAl~1 AUlhorlt)' .lIall eDd<<v.r: (I) 10 lefare', cOlllrtel Ot COO(tao.o
wltb Iho Ooveralll.al t., Iotnl ,rul, oad 0..011 _Irlbllllon, _c,llI.
OliO or .or. PIOJ"h "IIIFrltln. opproalmlltly 123 VIIIII at 1.....r.1I1
hooslnal IlId (b) 10 dcvCl0r 0' acqulr, ..d ..drallllll.' 'lIeb ProJen or
Projecli, oloh or "'''Iah lhol be I_led lItllhlo Ihe .0IpO'110 lillllll or Ihe
lIIunle/pallly. 'rile obJl,IUOIII or the parlies he,eto oholl IPply 10 ..h
luah ProJect.
" Tltll Ih. CII, COullcll or lilt Cllr .t Chull VI"I be .,ulcd '''b"u'~t
formll IlIPI'OV&1 ..Iborlty or IIIU oeleeted to, dcyclopmeot ot th. l...bJoot
1111111.
J. nat the Cily COlloeil or Iht City at 01111 Villi be ,'IIIIc:4 IIIlnCoQllCllt
tOrlllal approyallOt~rll" or P,ojttl dOll,n or the IlIbjeOl IInlt..
... Thll Ihe CilY COll\IIIOllll)' DnelOJltllllilll Direolor lod Direclo, or SlIildina
nd ROIlllaa II. "Intod Ippro..1 ."Ihoril)' or tbe biddill, ""lId.,eII tor
COlIlltUelillll or II' "'jeel uall"
S. '1'''" Iho City C'/lIlllllllltr DeveloPIlI.al Dlrcclo, ..4 Dlrecto, or 8uiklilll
and HOUllal ~ Innlocf 10PII 11110 Iho to,mlll d~l,ioll II 10 IlIe
'ClpOollvenel. ot COllllfuclloo bId. ""Ivt" b)' Iht COIIIII)' Huallll
AUlhorllY,
11.1/ olher tcrlnl I"d oolldillolll or tho COOjlolrltl.. A,'eellllCIII ,clllln ulKhn..d.
IN WITNESS WHSl~O' the MunIcipality 16cl Ihe Loetl AUlho,lty
'Clp.:cllv,l, 111I\.d thl, Flrtl AllIeld,,",1I1 10 the COO~rlllOIl Aartelllent
ellltH Ihel, tells 10 \Ie Irrixed 1.11 IIlCllCII II or Ihe day 11I11 7ftr
wrltlon.
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COOPERATION AGREEMENT
This Ag'reement entered into this 24th day of
"'1~ISt: , 19~, by and between the Housing Authority
of t e county of San Diego (herein called the "Local Authority")
and the city of Chub Vista (herein called th& "M.unicipality"),
witnesseth:
In consideration of the mutual covenants hereinafter
set forth, the parties here~o do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low-rent
housing hereafter developed or acquired by the
Local Authority with financial assistance of the
United States of America acting through the Secretary
of Housing and Urban Development (herein called
the IIGovernment"), excluding, however, any low-
rent housing project covered by any contract for
loans and annual contributions entered into between
the Local Authority and the Government, or its
predecessor agencies, prior to the date of this
Ag-reement.
(b) !rhe term "Taxing Body" shall mean the State
or any political subdivision or taxing unit thereof
in which a Project is situated and which wou~d
have authOrity to assess or levy real or personal
property taxes or to certify such taxes to a
taxin~ body or pUblic officer to be levied for its
use and benefit with respeot to a Project if it ....,..........
were not exempt from taxation. ~
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(0) The term "Shelter Rent" shall mean the total
of all charg'es to all tenants of a Project for
dwelling rents and nondwelling rents (eXCludinq
all other income ot such Proj~ot), less the cost
to the Local Authority of all dwelling and nondwelllng
utili ties.
(d) !rhe term "Slum" shall mean anf area where
dwellings predominate which, by reason of dilapidation,
overcrowding', faulty arrangement or design, lack of
ventilation, light or sanitation faCilities, or any
combination of these factors, are detrimental to
safety, health or morals.
2. The Local Authority Shall endeavor (a) to secure a
contr~ct or contracts with the Government for loans and annual
contributions covering one or more Projects comprising approximately
!OO units of low-rent housing and (b) to develop or acquire
an administer such Project or Projects, each of whioh shall be
located within the corporate limits of the Munioipalitf. The
obligations of the parties hereto shall apply to each such Project.
RES:gvb
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3. (a) Under the constitution and statutes of the State
of California, all projects are exempt from all real and personal
property taxes and special assessments levied or imposed by any
Ta~ng Body. With respect to any Project, so long as such
Projeot is owned by a public body or governmental a~ency and
is used for low-rent housing purposes and either (i) any contract
between the ~ooal Authority and the Government for loans or
annual oontributions, or both, in conneotion with auch
Projeot remains in foroe and effect, or (ii) any bonds
issued in connection with suoh Project or any monies due to
the Government in oonnection with such Project remain unpaid,
whichever period is the longest, the MuniOipality agrees
that it will not levy or impose any real or personal property
taxes or speoial assessments upon suoh Projeot or upon the
~cal Authority with respect thereto. During suoh period,
the Looal Authority shall make annual payments (herein
oalled .payments in Lieu of Taxes.) in lieu of suoh taxes
and special assessments and in payment for the publio services
and facilities furnished from time to time without other
cost or charge. for or with respect to such project.
(b) Eaoh such annual Payment in Lieu of TAxes shall be made
after the end of the fiscal year established for suoh project,
and shall be in an amount equal to either (i) ten percent (10%)
of the Shelter Rent charqed by the ~cal Authority in respeot to
such projeot during such fiscal year or (ii) the amount permitted
to be paId by applioable state law in effeot on the date such
. payment is made, whiohever amount is the lower.
(c) The Munioipality shall distribute the Payments in Lieu
of Taxe; among the Taxing Bodies in the proportion which the real
property taxes whioh would have been paid to each Taxing Body fOr
suoh year if the Project were not exempt from taxation bears to
the total real property taxes which would have been paid to all
of the Taxing Bodies for such year if the Project were not exempt
from taxation1 Provided, however, that no payment for any year
shall be made to any Taxing Body in excess of the amount of the
real property taxes which would have been paid to a~oh ~axing Body.
for such year if the Project were not exempt from taxation.
(d) Upon failure of the Local Authority to make any Payment
in Lieu of Taxes, no lien against any Projeot or assets of the
Local Authority shall attaoh, nor shall any interest or penalties
acorue or attach on account thereof.
4. During tho period oommenoing with the date of ths
acquiSition of any part of the site or sites of any Projeot and
continuing so long as either (i) such Projeot is owned by a public
body or governmental agency and 1s used for low-rent housing
purposes, or (ii) any contract between the Local Authority and
the Government for loans or annual oontributions, or both, in
connection with such Project remains in force and effect, or (iii)
any bonds issued in conneotion with suoh Project or any monies
due to the Government in connection with such Project remain unpaid,
whichever period is the longest, the Municipality without cost or
charge to the Local Authority or the tenants of such Projeot (other
than the Payments in Lieu of Taxes) shall:
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(a) Furnish or cause to be fUrnishGd~ the Local
Authority and the tenants of suoh Projeot public
services end facilities of the same character and to
the same extent as are furnished from time to time
without cost or charge to other dwellings and inhabi-
tants in the Munioipality; .
(b) Vaoate such streets, roads'Jand alleys within
the area of such Projeot as may fe necessary in the
development thereof, and convey without charge to the
LOoal Authority such interest as the MuniOipality may
have in such vacated areas; and, insofar as it is
law!.ully able to do so without cost or expense to the
LOcu~:a Authority or to the Municipo.lity, cause to be
rarnoved from such vacated areas, insofar as it may be
. neoessary, all public or private utility lines and
equipment;
(e) InsofQ% as the Municipality may lawfully do so,
(i) grant such deviations from the building code of
the Municipality as are reasonable and necessary to
promote economy and effioiency in the development and
administration of such Project, and at the sarne time
safeguard health and safety, and (il) make such changes
in any zoning of the site and surrounding territory of
such Project as are reasonable and neoessary for the
development and protection of suoh projeot and the
surrounding territory;
(d) Acoept grants of easements necessary for the
development of such Project1 and
(e) Cooperate with the Local Authority by such other
lawful action or ways as the Municipality and the LoCal
Authority may find necessary in conneotion with the
development and administration of such Projeot.
5. In respect to any Projeot the,MuniCipality further
agrees that within a reasonable time after receipt of a
written request therefor from the Local Authority:
(a) It will accept the dedioation of all interior
streets, roads, alleys, and adjacent sidewalks within
the area of suoh projeot, together with all storm and
sanitary sewer mains in SUch dedicated areas, after the
Looal Authority, at its' OWn expense, has completed the
grading, improvement, paving, and installation theraof
in aocordance with specifioations acceptable to the
Municipality;
(b) It will accept neces~ary dedications of land for,
and will qrade, improve, pave, and provide sidewalks
for, all streets bounding suoh Project or necessary to
provide adequatQ access thereto (in consideration whereof
the Looal Authority shall pay to the Municipality such
amount as would be assessed against the Project site for
suoh work if such site were privately OWned): and
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(c) It will provide, or cause to be provided, water
mains, and storm and sanitary sewer mains, leading to
such Project and serving the bounding streets thereof
(in consideration whereof tbe LOcal Authority shall pay
to the Municipality such amount as would be assessed
against the Project site for such work if suoh site
were privately owned).
6. If by reason of the Municipality's failure or refusal
to furnish or cause to be furnished any public services or
facilities whioh it has agreed hereunder to furnish or to
cause to be furnished to the Looal Authority or to the tenants'
of any project, the Local Authority incurs any expense to obtain
suoh services or facilities then the tocal Authority may deduct
the amount of such expense frOm any Payments in Lieu of Taxes due
or to become Que to the Municipality in respect to any projeot
or any other low-rent housing projects owned or operated by the
~ooal Authority.
7. No cooperation Agreement heretofore entered into
between the Municipality and the LOoal Authority shall be
construed to apply to any project oovered by this Agreement.
8. No member of the qoverning body of the Municipality
or any other public official of the Municipality who exercises
any responsibilities or functions with respect to any Project
during his tenure or for one year thereafter shall have any
intere~t, direct or indireot, in any project or any property
included or planned to be inoluded in any project, or any
oon~aots in oonneotion with suoh Projeots or property. If
any such governing body member or such other public official
of the Municipality involuntarily acquires or had acquired
prior to tbe beginning of his tenure any such interest, he
shall immediately disclose such interest to the Local Authority.
9. So long as any contract between the Local Authority
and the Government for loans (including preliminary loans)
or annual con~ibutions, or both, in conneotion with any
project remains in foroe and effect, Or so long as any bonds
issued in oonneotion with any Projeot or any monies due to
the Government in connection with any ~roject remain unpaid,
this Agreement 8hall not be abrogated, changed, or modified
without the consent of the Government. The privileges and
obli~ations'of the Municipality hereunder shall remain in
full force and effect with respeot to each Projeot so long
as the beneficial title to such Projeot is held by the Looal
Authority or by any other public body or qove~nmental agency,
including the Government, authorized by law to engage in the
development or administration of low-rent housing projects.
If at any time the benefioial title to, or possession of,
any ~roject is held by such other public body or governmental
agency, including the Government, the provisions hereof shall
inure to the benefit of and may be enforced by, such other
public body or governmental agenoy, inoluding the Government.
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IN WI~NESS WHEREOF the Municipality and the Local
Authority have respectively signed this Agreement and caused
their seals to be affixed and attested as of the day and year
first above written.
(SEAL)
A~ . ~ot
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" City Clerk . ~
(Type Name and Title)
CI~ OF CHULA VISTA
By C",-J ~,tP.;'i.:-- 4r:,.
Mayer (
(Type Name and Title)
(SEAL)
THE HOUSING AU'l'HORIT~ OF THE
COUNTY OF SAN DIEGO
A'l'TES1': ~.X'.~
By 3a:#M__ /I. )~~4.t1'" /lJt. . ,
t7'J Cha rperson'
~thryn A. Nelson, Deputy Secretary
('l'ype Name and Title)
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APPROVED AS TO FOllM AND LEGALlT,(
COUNTY COU/lSEI.
BY~ cSltp~.
DEPUTY
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MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHULA VISTA AND THE HOUSING AUTHORITY
OF THE COUUTY OP SM DIEGO
THIS MEMO~DUM OF UNDERSTANDING is entered into this
25th day of August , 1978. by and between THE
HOOSING AUTHORITY OF THE COUNTY OF SAN DIEGO and THE CITY
OF COOLA VISTA;
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WHEREAs, pursuant to the authorization of the electors
,'pt the City of Chula Vista in approV'inq the adoption of an
'ordinanoe approving the development. construction and acquisition
of low rent housing projects, not to exceed 400 units and
scattered on sites within the City of Chula Vista for persons
of low income inoludinq senior citizens and the handicapped,
and in conformance w~th all applicable federal ruleS! and
regulations, it is understood and aqreed that the development
of housing units ~n scattered sites throughout the City of
Chula Vista for such persons will benefit low inoome persons
in the Chula Vista area: and
WHEREAS, because the units will be developed in the City
of chula Vista, the Housing,Authority of the County of San Diego
desires to work Closely with the City throughout the course of
development of such projects and will seek the advice of the.
City at all stages of said development from the preparation'of
toe bid paok.ets, the review of proposals and award of the
cOntract for the development, to the operation of the units:
and
WHEREAS, the City of Chula Vista now desires that 100
units of public housing be construoted and Operated within
the corporate territorial l~its of the city of Chula Vista:
and
. WHEREAS, the City of Chula Vista desires that the HO~$inq
Authority of the County of San Diego in implementing such .
development, consider the following recommendations as guidelines
for development:
..
All development should conform to the present
zoning ordinances and. Design M~nual of the City
of Chula Vista and meet or exoeed the ourrently
adopted building and safety codes.
1:1 No more than six units or 12 bedrooms should
~ / . {y be allowed pel: s:l.~e and no Sin'il'la un:l.~ should have
, .J-~ more than four bedrooms. No site should be
&V\(~ located within 300 feet of any other public
if/: CU r)C:J\. ,/ housing unit sites. . Ten percent of the units
~)( l 0 ij 'oonstructed should be for the handicapped.
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'!'he Ci ty of Chala-. Vista shall not provide any
offsite improvamenta and the developer will be
required to adhere to the same prooedures re-
quired of all other developers.
The city Manager or his designee shall be kept
informed as to all agreements between the Housing
Authority of the County of S~n Diego and the United
St:<ltes Department of Housing and Urban Development
concerning public housing units in the City Of
Chul-a Vista. In addition, the Housing AUthority of
the COunty of San Dle'1o shall designate said City
representatives to assist in the preparation of
the bid documents inCluding site and design criteria
and the review of proposals. ~he Rousing Authority
of the county of San Di~o shall consider a City
report relativa to the selection 'of the developers
for the co~struction of said units.
~he.City of Chula Vista and the Housing Authority
of the County of San Diego shall enter into this
Memorandum of Understanding concurrently with
a Cooperation Agreement. In the event the
Memorandum Qf Understanding conflicts! with the
intent of the Cooperation Agreement, the Cooperation
Ag:t'eement shall prevail.
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3. T. Hyde, Mayor
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county of San Diego
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^ppnoVE~ AS TO fUi(~1 AHU L.f.WUJlY
~OUNTY COUNSEL
BY fJfd t'SXP~
" DEPUTY
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COUNCIL AGENDA STATEMENT
Item /;5
Meeting Date 7 !25!95
ITEM TITLE:
A.
Resolution 17"1?.2.. Exercise the option for renewal of the
landscape maintenance contract for Open Space Maintenance
Districts 1, 5, 9, and 10
Resolution J? '1? 3Exercise the option for renewal of the
landscape maintenance contract for EastLake Maintenance District 1
Resolution J 7'17,/ Exercise the option for renewal of the
landscape maintenance contract for Open Space Maintenance
Districts 3, 4, 8; Districts 11, 14, 15, 24; Districts 2, 6, 17, 23, 26;
District 18; and District 20
D1="" of PM'" md R:r'j~~
City ManagerJ~ ~)~
Staff is recommending that the City exercise its option to renew the landscape maintenance contracts
with RC Landscape, Blue Skies Landscape, Alvezia Landscape and New Way Professional Services
for FY 1995/96. Staff is submitting three separate resolutions, one for the bid cluster for the Open
Space Districts 1, 5, 9, 10, one for the EastLake Maintenance District, and one resolution for the
remaining bid clusters. In order to avoid any conflict of interest and maximize Council's participation,
it is necessary to consider the contract for Open Space Districts 1, 5, 9, 10 and the EastLake
Maintenance District separately.
B.
c.
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes _ No X)
RECOMMENDATION: That Council adopt the resolution and renew the maintenance contracts
for Open Space Maintenance Districts 1, 5, 9, 10; Districts 3, 4, and 8; Districts 11, 14, 15, 24;
Districts 2, 6, 17, 23, 26; District 18; and District 20.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION: On June 22, 1993, the City approved one-year landscape maintenance contracts with
RC Landscape, Blue Skies Landscape and New Way Professional Services in FY 1993/94 and on June
21, 1994 approved a one-year option for FY 1994/95. This will be the second renewal option for
these contracts. In FY 1994/95, new maintenance contracts for Districts 2, 6, 17, 23, 26; District 18;
District 20; and EastLake Maintenance District and EastLake Zone D (Salt Creek I) were awarded
to RC Landscape and Alvezia Landscape. This will be the first option renewal for these contracts.
Prior to 1986, contracts were awarded on a yearly basis. Due to the labor intensive nature of an
annual bidding process and the difficulty of attracting a sizable number of contractors for a one-year
contract, the City adopted a renewal option in 1986 for an Open Space maintenance contract. This
has given the Open Space Contractor some assurance that if they perform satisfactorily and meet the
performance criteria called out in the contract, they may receive a renewal option. Further, through
a renewal option contract, the City has realized consistencies in its maintenance service and
established a tool to facilitate the budgeting process and control the financial impacts to City
A:\OPENSPACE\RENEWQS.A13-July 19, 1995
)3-/
Page 2, Item J .3
Meeting Date 7/25/95
residents. The renewal option provides for three additional years if work performance was
satisfactory. The justification for a three-year renewal clause, was to ensure that contractors would
be more responsive, with the possibility of a four-year maintenance contract, versus the one-year
contracts without a renewal option.
The Department is recommending that the City exercise its contractual option to renew the landscape
maintenance contracts for the contractors providing services in Open Space Maintenance Districts
1, 5, 9, 10; Districts 3, 4, 8; Districts 11, 14, 15, 24; Districts 2, 6, 17,23, 26; District 18; District 20;
EastLake Maintenance District Zone D (Salt Creek I) and the EastLake Maintenance District. In
accordance with the Price Adjustment Clause of the existing contract, each of the contractors has
formally requested a renewal of the current contract; adjusted for the Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W) of the previous calendar year. It is the
recommendation of staff that the current contracts be renewed with a CPI adjustment of 2.7%.' A
CPI adjustment of 2.7% (per contract terms) will result in an additional $16,571.89, which is spread
to each of the 21 Districts involved in the contract renewals (see matrix).
It should be noted for the record that the current contracts were let out and awarded in 1993 and
1994, during an economic downturn and a lull in the building industry. Of the contracts awarded in
1993, the winning bids were $114,882.00 less than the contracts for the previous year. An adjustment
of 2.7% for the current fiscal year would still be $98,310.11 less than the previous contract prices in
FY 1992/93.
If the City elects to not adjust the renewal of the contracts with a CPI adjustment, the contractors
may decide to not renew the contract for the previous year price, resulting in another bidding process
for the districts. Staff feels that should the contracts be put out to bid again, the current uptrend in
the economy and revival in the building industry may cause contract prices to rise greater than 2.7%.
For example, in 1994 when the CPI was not approved by staff, one of the City's contractors, Alvezia
Landscape, declined to renew their existing contract ($150,808.62) for District 20. District 20 was
put out to bid and the low bid at $180,854.30, a 19.9% or $30,045.68 increased from the previous
contract price. Therefore, the CPI increase seems fair and ensures that landscape maintenance prices
remain relatively stable.
The Department is satisfied with the contractors' performance over the past year. The Department
has not received any complaints from district residents and the contractors have complied with all
terms of the contract.
The 2.7% CPl is the percentage furnished by the Finance Department for the second half of 1994.
A:\OPENSPACE\RENEWQS.A13.July 19, 1995
13-:2-
s
Page 3, Item /3
Meeting Date 7125195
The Department recommends approval of the following contract amounts for FY 1995/96:
liY .0:2...<...................... i ..... ...~"'..i ii ... .."'. .i...............
<iF SLy 1\ i ;: 'w/&r
1"""~..,
RC Landscape 1 $ 22,640.00 $ 22,640.00 $ 23,251.28 $ 611.28
5 $ 16,960.00 $ 16,%0.00 $ 17,417.92 $ 457.92
9 $ 15,810.00 $ 15,810.00 $ 16,236.87 $ 426.87
10 $ 27,680.00 $ 27,680.00 $ 28,427.36 $ 747.36
2 - $ 4,000.00 $ 4,108.00 $ 108.00
6 - $ 5,000.00 $ 5,135.00 $ 135.00
7 - $ 3,000.00 $ 3,081.00 $ 81.00
17 - $ 3,000.00 $ 3,081.00 $ 81.00
23 . $ 4,000.00 $ 4,108.00 $ 108.00
26 - $ 4,000.00' $ 2,670.20' $-1,329.80
18 - $ 54,000.00 $ 55,458.00 $ 1,458.00
Blue Skies Landscape 11 $ 54,505.68 $ 54,505.68 $ 55,977.33 $ 1,471.65
14 $115,785.% $115,785.96 $118,912.18 $ 3,126.22
15 $ 5,317.80 $ 5,317.80 $ 5,461.38 $ 143.58
24 $ 7,139.04 $ 7,139.04 $ 7,331.79 $ 192.75
New Way ProfClSional 3 $ 12,705.00 $ 12,705.00 $ 13,048.04 $ 343.04
4 $ 31,614.00 $ 31,614.00 $ 32,467.58 $ 853.58
8 $ 28,562.00 $ 28,562.00 $ 29,333.17 $ 771.177
AIvezia Landscape 20 - $180,854.30 $185,737.36 $ 4,883.06
ELMD - $ 47,580.19 $ 48,864.86 $ 1,284.67
RC Landscape ELMD-D - $ 22,872.00 $ 23,489.54 $ 617.54
GRAND TOTAL $667,025.97 $683,597.86 $ 16,571.89
FISCAL IMPACf: The four contracts total $685,597.86 to assessments shown in the table above,
for maintaining these districts, are borne by the respective homeowners in each district. The total
fiscal impact to the 21 Districts is an additional $16,571.89 for FY 1995196, as noted in the last
column of the table. The homeowners have been advised of the budgets for each district. The
proposed budgets for these districts include budget estimate adequate funds to pay for these
contracts.
Attachments: "A" - Open Space Maintenace Districts 1,5,9, 10 Maps
"B" - EastLake Maintenace District 1 Maps
"e" _ Open Space Maintenance Districts 3,4,8; 11, 14, 15,24; 2, 6,17,23,26; 18;
20 Maps
2
District 26 was renegotiated to $2,600 for FY 1994195 to lessen the assessment impact to District 26's
nineteen residents.
A:\OPENSPACE\RENEWOSAl3-July 19, 1995
13 -3
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RESOLUTION NO. /79?til..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF THE LANDSCAPE MAINTENANCE CONTRACT WITH RC
LANDSCAPE FOR OPEN SPACE MAINTENANCE DISTRICTS
1, 5, 9 AND 10
WHEREAS, on June 22, 1993, the City approved one-year
landscape maintenance contracts with RC Landscape, Blue Skies
Landscape and New Way Professional Services in FY 1993/94 and on
June 21, 1994 approved a one-year option for FY 1994/95; and
WHEREAS, staff recommends a second renewal option for
these contracts with a CPI adjustment of 2.7%; and
WHEREAS, if the city elects to not adjust the renewal of
the contracts with a CPI adjustment, the contractors may decide to
not renew the contract for the previous year price, resulting in
another bidding process for the district; and
WHEREAS, the Department is satisf ied
contractors' performance over the past year.
with
the
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby exercise the option for renewal of
the landscape maintenance contract with RC Landscapefor Open Space
Maintenance Districts 1, 5, 9 and 10.
Jess Valenzuela, Director of
Parks and Recreation
ed as
1
Presented by
/3/7'/
(/
..-0;:
RESOLUTION NO. /79?J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF THE LANDSCAPE MAINTENANCE CONTRACT WITH RC
LANDSCAPE AND ALVEZIA LANDSCAPE FOR EASTLAKE
MAINTENANCE DISTRICT 1
WHEREAS, on June 22, 1993, the city approved one-year
landscape maintenance contracts with RC Landscape, Blue Skies
Landscape and New Way Professional Services in FY 1993/94 and on
June 21, 1994 approved a one-year option for FY 1994/95; and
WHEREAS, staff recommends a second renewal option for
these contracts with a CPI adjustment of 2.7%; and
WHEREAS, if the City elects to not adjust the renewal of
the contracts with a CPI adjustment, the contractors may decide to
not renew the contract for the previous year price, resulting in
another bidding process for the district; and
WHEREAS, the Department is satisfied
contractors' performance over the past year.
with
the
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby exercise the option for renewal of
the landscape maintenance contract with RC Landscape and Alvezia
Landscape for EastLake Maintenance District 1.
~to
orm by
Presented by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M. Boogaar. , City
Attorney
/;18'1
(<
"J
RESOLUTION NO. /79?'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF THE LANDSCAPE MAINTENANCE CONTRACT FOR OPEN
SPACE MAINTENANCE DISTRICTS 3, 4, 8; DISTRICTS
11, 14, 15, 24; DISTRICTS 2, 6, 17, 23, 26;
DISTRICT 18; AND DISTRICT 20
WHEREAS, on June 22, 1993, the City approved one-year
landscape maintenance contracts with RC Landscape, Blue Skies
Landscape and New Way Professional Services in FY 1993/94 and on
June 21, 1994 approved a one-year option for FY 1994/95; and
WHEREAS, staff recommends a second renewal option for
these contracts with a CPI adjustment of 2.7%; and
WHEREAS, if the city elects to not adjust the renewal of
the contracts with a CPI adjustment, the contractors may decide to
not renew the contract for the previous year price, resulting in
another bidding process for the district; and
WHEREAS, the Department is satisf ied
contractors' performance over the past year.
with
the
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby exercise the option for renewal of
the landscape maintenance contract for Open space Maintenance
Districts 3, 4, 8 with New Way Professional; Districts 11, 14, 15,
24 with Blue Skies; Districts 2, 6, 17, 23, 26 with RC Landscape;
District 18 with RC Landscape; and District 20 with Alvezia
Landscape.
C:\rs\renewos.opt
Presented by
Jess Valenzuela, Director of
Parks and Recreation
/3C~ /
~I .
I..~ (
COUNCIL AGENDA STATEMENT
Item 1
Meeting Date 7/25/95
ITEM TITLE: 11. Resolution / ? f ? f of Intention to consider without
recommendation vacating various streets in Dtay Rio Business Park and
set a date and time for a public hearing therefor
8. Resolution ) 7 '17 fo close to the general Public the use of the public
streets in the Dtay Rio Subdivision until development occurs in the
subdivision.
SUBMITTED BY: Director of Public wor~h~
REVIEWED BY: City Manager~ ~ ~ (4/5 Vote: Yes_ No X )
MCA Concerts, Inc. has submitted plans for the construction of an amphitheater on Dtay Valley
Road, south of the Dtay River. The plans show the project occupying the property now known
as Dtay Rio Business Park (see Exhibit "A"), a subdivision project whose public improvements
were completed in 1993. None of the lots in the subdivision were built on, however. MCA's
plans include the abandonment of four streets within the business park in order to construct the
amphitheater.
In accordance with Part 3, Chapter 3, of the California Streets and Highways Code, Council
must adopt a resolution of intention setting a public hearing in order to consider the vacation
request.
RECOMMENDATION: Staff is not recommending the vacation at this time. Staff needs more
time to analyze the relative merits of the vacation. But in order to process it according to the
developer's schedule, we need to pass the resolution to set the hearing. That Council adopt the
subject resolution setting August 22, 1995, at 6:00 p.m. as the date and time of the associated
public hearing and directing the City Clerk to post notice thereof in accordance with the Chula
Vista Municipal Code and the laws of the State of California.
BOARDS/COMMISSIONS RECOMMENDATION: No Boards or Commissions actions are
necessary to set the required public hearing. However, the Environmental Review Coordinator
and Planning Department staff's input will be included in the Agenda Statement for the public
hearing.
;J//
C/
DISCUSSION:
Recently, MCA Concerts, Inc., submitted a proposal to the City to build an amphitheater in the
area of Otay Rio Business Park, Unit No.1, in the southeasterly corner of the City. The project
is scheduled to be before City Council on August 22, 1995. The project could not be built as
planned with the street being vacated. If the MCA project is not approved, then the street
vacation should not be considered. However, this resolution simply sets a date for the public
hearing on the street vacation, and does not give a staff recommendation for the vacation.
The alignment of most of the dedicated streets within the subdivision conflict with MCA's plans.
Only one street, Otay Rio Road, will remain as a public street, which is to provide access to the
property to the west of the project. (Refer to Exhibit "B".) Glen Eagles Drive and Turnberry
Drive will be demolished to make way for the theater portion of the project. Spyglass Hill Road
and Castle Pines Avenue will remain as private roads to serve as access to parking areas.
The total area of the streets requested to be vacated is 4.92 acres. Easements will be retained
for those existing utilities that are to be kept in place and new easements granted in areas where
the utilities will be located. In some cases, sewer and other utilities may be abandoned, since
they are no longer required to serve the property or surrounding areas.
Prior to Council action on the vacation request, Section 8320 of the State Streets and Highways
Code states that Council must adopt a resolution of intention setting a public hearing on the
matter. The resolution is to include:
1. A declaration of intention of the Council to vacate the streets
2. A statement that the vacation proceeding is conducted under Chapter 3 of the
Streets and Highways Code
3. A description of the general location and extent of the streets
4. The date, hour and place for the public hearing
The vacation of the streets will include reservation of easements for all City facilities and other
agencies owning facilities that will remain within any of the vacated areas.
The public hearing is proposed to coincide with the Council hearing and its possible certification
of the Environmental Impact Report and its consideration of the Conditional Use Permit.
The vacation of the streets, if granted, should occur after Council's final approval of the
amphitheater project. Prior to closing the public hearing and making a determination on the
vacation, Council will receive the project Environmental Impact Report as well as Planning
Commission recommendations regarding the Conditional Use Permit.
/'1,,,,2
q
Page 3, Item
Meeting Date 7/25/95
J,/
IMMEDIATE STREET CLOSURE FOR TOTAL SUBDIVISION
The Streets in this subdivision have been completed for several years with no development on
any of the lots. Until the City accepted the streets last year, the developer closed the subdivision
streets to the public by fencing the entrance streets. After the City accepted the improvements
the streets were opened to the public. Since there is no development in the subdivision, people
have began to use the streets and vacant lots as a dumping ground. Staff has slides that can be
shown at the meeting if desired by Council.
There is no need for anyone to be in the subdivision especially with a vehicle. To stop the
illegal dumping staff is recommending closure of the streets to the general public until
development occurs in the subdivision. Not only is allowing the dumping costly to the city and
the developer, due to the need to remove the waste and pay fee to return it to the landfill, it is
also could become a safety hazard to the public if they were to drive over or into the trash.
FISCAL IMPACT:
Full Cost Recovery to the City for staff time in processing this vacation is to be provided by
deposits remitted by the applicant. However, at the present, no deposit has been received from
MCA Concerts. The Director of Community Development has indicated that MCA will be
required to provide the deposits.
Past Council practice has been to require the receiver of land from a street vacation proceedings
to compensate the City for the value of land that is reverting as a result of the street vacation.
Due to the unique nature of this proposal and the possible City involvement in the project. Staff
will evaluate the applicability of the practice to the proposed project and report back to Council
with a recommendation.
Vacation of the streets will result in reduced street maintenance costs due to less mileage of
streets. The cost reduction has not been quantified.
Attachments: Resolution of Intention (with legal description)
Exhibit" A" (Plat of subdivision showing streets to be vacated)
Exhibit "B" (Plat showing part of proposed development)
JWH {M:\...AGENDA\PV..()64-2.1WH]
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LEGAL DESCRIPTION
VACATION OF CASTLE PINES AVENUE,
GLEN EAGLES DRIVE, TURNBERRY DRIVE,
AND SPYGLASS HILL ROAD
WITH UTILITY EASEMENT RESERVATIONS
BEING A PORTION OF Chula Vista Tract No. 87-6, Otay Rio Business Park, Unit No.1, according
to Map thereof No. 12458, on file in the office of the County Recorder of San Diego County, in the
City ofChula VISta, County of San Diego, State of California, more particularly described as follows:
Being all those portions of Castle Pines Avenue (1.59 acres, more or less), Glen Eagles Drive
(1.56 acres, more or less), Turnberry Drive (1.73 acres, more or less), and Spyglass Hill Road
(3.33 acres, more or less), as shown on said Map No 12458.
RESERVING AND EXCEPTING from vacation and abandonment, to the City of Chula Vista
easements and right-of-way for, or rights to construct, operate, maintain, replace, enlarge and repair
sewer and storm drain facilities and their related appurtenant structures in, upon, over and across that
certain real property situated in the City of Chula Vista, County of San Diego, State of California,
and more particularly described as all of said Castle Pines Avenue and Spyglass HiD Road, together
with the right to enter upon and to pass and repass over and along said easement and right-of-way
and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers,
agents and employees, and by any contractor, his agents and employees engaged by said City,
whenever and wherever necessary for the purposes above set forth.
Contains 4.92 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, to the Otay Water District
easements for and right-of-way for, or right to construct, operate, maintain, replace, and repair water
facilities and their related appurtenant structures and the rights of ingress and egress for such
purposes in that certain real property situated in the City of Chula Vista, County of San Diego, State
of California, and more particularly described as all of said Castle Pines Avenue and Spyglass Hill
Road
Contains 4.92 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, easements and rights to Pacific
Bell, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time,
Page 1
/J/-5
'Ii
or from time to time to construct, maintain, operate, replace and remove aerial and underground
communication structures consisting of conduits, cables, wires, poles and other necessary and
appurtenances, together with the right of ingress and egress to protect the property from all hazards
in, under and upon said Spyglass HiD Road, Castle Pines Avenue, Turnberry Drive and Glen
Eagles Drive
Contains 8.21 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, an easement to City of San
Diego for access purposes upon, over and across that certain real property situated in the City of
Chula VISta, County of San Diego, State of California, and more particularly described as all of said
Spyglass Hill Road, together with the right to enter upon and to pass and repass over and along said
easement and right-of-way and to deposit tools, implements and other materials thereon by said City
San Diego
Contains 3.33 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, easements and rights to San
Diego Gas and Electric Company, a corporation, pursuant to any existing franchise or renewals
thereot; or otherwise, at any time, or from time to time to construct, maintain, operate, replace, renew
remove or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and
fextures for the operation of gas pipe lines, and for the transportation of gas and! or electrical energy
for the incidental purposes thereot; including ingress and egress, to protect the property from all
hazards in, under and upon said Spyglass Hill Road, Castle Pines Avenue, Turnberry Drive and
Glen Eagles Drive
Contains 8.21 acres, more or less.
NO BUILDINGS AND/OR STRUCTURES sha1l be erected, walls constructed, fences built nor trees
planted upon the easements herein described.
Page 2
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TIT L E
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FILE NO.
DATE:
I'f-Y EXHIBIT "Blf
OWN BY:
.,
RESOLUTION NO. /71 '? f'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO CONSIDER WITHOUT
RECOMMENDATION VACATING VARIOUS STREETS IN
OTAY RIO BUSINESS PARK AND SETTING A DATE FOR
A PUBLIC HEARING THEREON
WHEREAS, MCA concerts, Inc. has submitted plans for the
construction of an amphitheater on Otay Valley Road, south of the
Otay River; and
WHEREAS, the plans show the project occupying the
property now known as Otay Rio Business Park, a subdivision project
whose public improvements were completed in 1993, but none of the
lots in the subdivision were built on; and
WHEREAS, MCA' s plans include
streets within the business park in
amphitheater; and
the abandonment of four
order to construct the
WHEREAS, in accordance with the C~lifornia Streets and
Highways Code, in order to consider a request for such vacation,
the Council must first hold a public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby set a public hearing on August
22, 1995 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
Chula vista, Ca. to consider without recommendation vacating
various streets in otay Rio Business Park as shown in Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to post the notice of the public hearing in accordance
with the Streets and Highways Code and City ordinances.
Presented by
J
John P. Lippitt, Director of
Public Works
Boogaa
City
C:\rs\vacate.int
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RESOLUTION NO. J 79 ??
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO CLOSE TO THE GENERAL PUBLIC THE
USE OF THE PUBLIC STREETS IN THE OTAY RIO
SUBDIVISION UNTIL DEVELOPMENT OCCURS IN THE
SUBDIVISION
WHEREAS, the streets in the Otay Rio Subdivision have
been completed for several years with no development on any of the
lots; and
WHEREAS, until the City accepted the streets last year,
the developer closed the subdivision streets to the public by
fencing the entrance streets; and
WHEREAS, after the City accepted the improvements, the
streets were opened to the public; and
WHEREAS, since there is no development in the
subdivision, people have begun to use the streets and vacant lots
as a dumping ground; and
WHEREAS, there is no need for anyone to be in the
subdivision especially with a vehicle; and
WHEREAS, to stop the illegal
recommending closure of the streets to the
development occurs in the subdivision; and
dumping staff is
general public until
WHEREAS, not only is allowing the dumping costly to the
city and the developer, due to the need to remove the waste and pay
a fee to return it to the landfill, it could also become a safety
hazard to the public if they were to drive over or into the trash.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby close to the general public the use
of the public streets in the Otay Rio Subdivision until development
occurs in the subdivision.
, city
Presented by
John P. Lippitt, Director of
Public Works
c:\rs\vacate.int
/J/8-!
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July 1995
Mayor of Chula Vista
City Counci I
Mr, ,Joe Monaco
Mr. Chris Salomone, Community Development
Mr. Fred Kassman, Redevelopment Coordinator
Pleased be advised that we are concerned about the city of'
Chula Vista encouraging an amphitheater being built on Otay
Valley Road. There are several areas of concern including
but not limited to evening noise, traffic, unwholesome
crowds, unhealthy exhaust fumes from THOUSANDS of autos most
weekend evenings in the summer, and I ight all of which
combined will obstruct us from reasonable and healthy use
and enjoyment of our private property 35 to 60 evenings a
year.
Southern California lifestyle includes common use of outdoor
areas and the leaving open of windows and doors at night.
Yet the sound problem at night when the ambient noise levels
are low will likely adversely affect the surrounding area
homes and definitely adversely affect any homes which
Baldwin plans on building in the area. Outdoor concerts are
likely to be scheduled on spring, summer and fall weekend
evenings, the same evenings that are pleasant enough for
families to be outdoors in our own peaceful backyards.
Ambient noise is lower during these evening hours so it is
more likely that concert noise, assisted by the usual
westerly breeze, will be heard by the neighborhoods on the
southerly slopes of the Otay River Valley. Not only are we
1 ikely to hear strains of noise, but we will no doubt be
able to hear the heavy base beat repeating for upwards of
four hours. We understand that the city made an effort of a
study of noise bleeding into the area of Brandywine and
Sierra. The test was conducted at street level during the
day when street traffic and geography would have masked
possible sound from the amphitheater site. We would like a
test to be conducted in the late evening hours around
10:00pm from a property back yard that is on a south facing
hill which would be more likely to pick up sound from a
concert.
Besides the 1 ikely problem of noise is the selection of
music that is likely to be heard. Most of us in the
neighborhood are middle class working famil ies with
attending values. The music that is performed at most
concerts reflects values that conflict with traditional
values at the le2st and frequently defy and denigrate what
we hold dear: VIOLENCE, LEWD BEHAVIOR, VULGAR LANGUAGE, DRUG
USE, etc.. So not only will we hear sound albeit not above
prescribed legal limit, but it will be "music" violating our
bel ief system at night after a hard day's work.
11 ~ -3
Working people expect to come home to relax not have light,
crowds, traffic, obnoxious noise and fireworks at midnight.
Not a pleasant thought. The frequency of concerts will
1 ikely drive some to move. And since we are by law required
to disclose negative aspects when sell ing, this amphitheater
will affect the sale and price of our home we have worked so
hard to pay for and keep up (and have paid taxes on.)
Traffic is another issue which will directly affect property
access. We understand that Oleander will be blocked off
during dense traffic flow to and from concerts. Will home
owners have access onto Oleander to get to our homes?
People in the Robinhood homes will have the neighborhood
open to traffic both at the beginning of the evening and
worse, at the end of the concerts - into midnight and one
o'clock in the morning. Heavy traffic along Otay Valley
Road will be a nuisance for many home owners above Otay
between Oleander and Energy Way. Often rock concert
audiences are hyped up after a concert and have a tendency
to be noisesome and trouble making. Tagging? Vandalism?
Lights and fireworks are another issue our neighborhood is
concerned about. We were assured that lights from the auto
park would be directional and recessed. They are not.
Those 1 ights shine into many bedroom windows. The glow in
the sky above the auto park can be seen from National City!
Now we are no not only have lights at the amphitheater, but
likely spot lights, laser lights and surely fireworks as
well! Not just in the evening, but forced upon us when most
of us are trying to get to sleep! This kind of disruption
late at night, if not an irritation to the homeowner
directly, can have secondary problems of frightening pets
and causing dogs to bark. (What about the issue of
endangered wildlife habitat being disrupted?)
Even in the city's EIR time after time the negative impacts
were cited and excused. The EIR recognized that the
amphitheater violates the city's own standards.
The city is to serve the needs of the people, not to violate
the tax payers in hopes of bringing in revenue at their
expense. There are just too many ways this project
negatively impacts this establ ished neighborhood not to
mention affecting the salability of future homes which also
will provide a tax base for Chula Vista. We need protection
from the city of Chula Vista not exploitation.
jllU-~YJ .~,h
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Most sincerely yours,
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1~11-;
COUNCIL AGENDA STATEMENT
Item ;'~
Meeting Date 7/25/95
SUBMITTED BY:
Resolution / ') 9 ? ~pproving Agreement Between the City of Chula Vista
and Woodward-Clyde Consultants for National Pollutant Discharge Elimination
System (NPDES) Dry Weather Discharge Field Screening and Illegal Discharge
Detection Services
Director of Public worW
City Manager~ ,~
(4/5ths Vote: Yes _NoX)
ITEM TITLE:
REVIEWED BY:
A requirement of the City's NPDES Permit (Order No. 90-42) is that all agencies annually conduct
dry weather discharge field screening (effluent sampling, chemical analyses, and observation of
physical conditions) at major outfalls during the dry weather season (May through October of each
year) in order to detect illegal discharges to the storm water conveyance system and to identify, if
possible, the sources of said illegal discharges. Due to the expertise and specialized equipment
necessary to perform dry weather discharge field screening and illegal discharge detection services,
it is necessary to retain an outside consultant.
On August 16, 1994, the City Council passed Resolution No. 17617 approving an agreement between
the City and Woodward-Clyde Consultants for the performance of said services. At that time, staff
had evaluated proposals from eight (8) qualified engineering and environmental consulting firms for
the performance of said services and determined that Woodward-Clyde Consultants was the most
qualified of the eight. In addition, Woodward-Clyde submitted the lowest bid of the three top-ranked
consultants.
The agreement approved by Resolution No. 17617 included an option to extend the contract for up
to two additional one-year terms. Staff is satisfied with Woodward-Clyde Consultant's performance
during FY 1994-95. This resolution will allow the City to enter into a new agreement with said
consultant to perform Dry Weather Field Screening and Illegal Discharge Detection Services for an
additional one-year term during FY 1995-96 at the FY 1994-95 hourly rates/unit costs for a fee not
to exceed $60,000, with an option to extend the agreement through the end of FY 1996-97 at the FY
1994-95 hourly rates/unit costs. Funding for the performance of these services during FY 1995-96
is included in the approved FY 1995-96 NPDES budget. Funding for the performance of these
services during FY 1996-97 will be proposed for consideration by the City Council as part of the FY
1996-97 NPDES budget.
RECOMMENDATION: That Council approve the agreement between the City and Woodward-
Clyde Consultants for NPDES Dry Weather Discharge Field Screening and Illegal Discharge Detection
Services.
;' ;,./
!(
Page 2, Item
Meeting Date 7/25/95
/5
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The agreement with Woodward-Clyde Consultants provided for the performance of dry weather
discharge field screening services at approximately fifty of the City's major outfalls during FY 1994-
95. Said services included testing to determine the chemical and physical properties of discharges and
identification of illegal discharges to the storm drain system and their possible sources. The agreement
included a provision allowing the contract to be extended for an additional term (FY 1995-96) at the
City's sole discretion and at the same unit rates as the initial one-year term (FY 1994-95). The
provision also allows the contract to be extended for a second additional one-year term (FY 1996-97)
upon mutual agreement between the City and Consultant on hourly rates/unit costs.
At the recommendation of the City Attorney's office, Engineering staff entered into discussions with
the Consultant to obtain a commitment on unit rates for FY 1996-97. The Consultant agreed to extend
the FY 1994-95 unit rates through the end of FY 1996-97. In order to take advantage of the
consultant's commitment to guarantee the FY 1994-95 unit rates through the end ofFY 1996-97, the
proposed agreement has been revised to allow for a one-year contract extension in FY 1996-97 at the
City's sole discretion conditioned upon a determination by City staff that Consultant has satisfactorily
performed the required services during FY 1995-96 and subsequent approval by the City Council.
Between August 1994 and October 1994, Woodward-Clyde Consultants detected illegal discharges at
five locations during field screening operations, including industrial waste water, concrete washout
waste, oil and antifreeze, and engine degreasing effluent. The sources of these discharges were
identified and appropriate steps were taken by City staff to assure that said discharges were eliminated
where possible. Where it was possible to identify the specific source (i.e., a person, a business, or a
parcel), dischargers were informed that their discharges were illegal and were directed to discontinue
said illegal discharges. Where it was not possible to identify the specific source, such as illegal
automobile repair in the public right-of-way along Energy Way (adjacent to the automobile salvage
yards), the Police Department has been informed of the problem and will follow-up on complaints.
The total cost for Woodward-Clyde Consultants' performance of dry weather discharge field screening
and illegal discharge detection services in FY 1994-95 was $47,601.76.
Staff is satisfied with Consultant's performance during FY 1994-95. By approving this resolution, the
City will enter into an agreement with Woodward-Clyde Consultants to perform Dry Weather Field
Screening and Illegal Discharge Detection Services on a time and materials basis for a fee not-to-
exceed $60000 in FY 1995-96 at the FY 1994-95 unit rates. It should be noted that minor
,
adjustments to the FY 1994-95 contract language have also been made in order to improve
implementation. The Consultant has agreed to those changes.
Failure to comply with any aspect of Order No. 90-42 and/or succeeding Order (tentatively San DiegoƒRegional Water Quality Control Board [RWQCB] Order No. 95-76) could result in the imposition of
;5-,l.
10 i
Page 3, Item / ~
Meeting Date 7/25/95
up to $25,000 per day fmes by the RWQCB and up to $50,000 per day by the United States
Environmental Protection Agency.
FISCAL IMPACT: The fee for these services for FY 1995-96 will not exceed $60,000. Funds to
cover the cost of dry weather field screening and illegal discharge detection service costs have been
programmed as part of the City's Fiscal Year 1995-96 NPDES Program budget. This program is
funded by the storm drain fee and not the general fund. The agreement with Woodward-Clyde
Consultants may be cancelled at any time by the City with thirty days written notice.
In awarding the contract to Woodward-Clyde Consultants in FY 1994-95, staff determined that
Woodward-Clyde was the most qualified firm of eight (8) proponents and that Woodward-Clyde
Consultants submitted the lowest bid of the three top-ranked consultants.
Attachments: March 30, 1995 Woodward-Clyde Letter Expressing Interest in Contract Extension
Proposed Agreement Between City and Woodward-Clyde Consultants for FY 1995-96
KP Alkpa
cc: File No. KY-181
[M:\H011E\ENGINEER\AGENDA \WCCEXTND.l13]
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10
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Woodward-c,.yde (f
Engineering & sciences applied to the earth & its environment
, ",.- :'..
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March 3D, 1995
Mr, Roger Daoust
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
1994 DRY WEATHER FIELD SCREENING PROGRAM
CHULA VISTA, CAliFORNIA
Dear Mr. Daoust:
The purpose of this letter is to inform you that Woodward-Clyde Consultants (WCC) has
completed the 1994 dry weather field screening for the City of Chula Vista in accordance
with our Agreement with the City dated August 9, 1994. The program included two rounds
of field screening at outfalls draining the City's watershed. Round 1 was conducted between
August 23 and September 2, 1994 and Round 2 was conducted between September 21 and
October 5, 1994. The results of both rounds were reported to the City in two different
reports dated October and December 1994. In our opinion, this will satisfy the Federal and
Regional NPDES storm water requirements. During this period WCC invoiced the City a
total of $47,601.76 for 1994 dry weather field screening program and other services. The
1994 program is complete and you have been invoiced for the total cost.
In order to comply with Clean Water Act NPDES requirements and the San Diego Regional
Water Quality Control Board Order Number 90-42, the City is required to conduct dry
weather field screening in 1995 and subsequent years. In our Agreement with the City, the
City has the option to extend the Agreement for up to two additional years in one year
increments. We hereby request to be authorized to conduct two rounds of dry weather field
screening during the dry season of 1995.
We propose to perform our services and invoice on a time and materials basis in accordance
with the existing agreement with the City . We appreciate this opportunity and look forward
to continuing to work with you on this project. If you have any questions, please give me
a call.
Very truly yours,
WOODWARD-CLYDE CONSULTANTS
{kag JaclUJ
Arsalan Dadkhah, Ph.D.
Project Manager
AD/sll (W:IADMIN.ADIDWFS.A.L)
Of\
V:JC/
W_w.rd.Clyd. Consultllnts' A subsidiary of Woodward.Clyde Group, Inc.
Sunroad Plaza 3, Suite 1000 .1615 Murray Canyon Road. San Diego. California 92108
619.294.9400. Fax 619.293-7920 / S. 2(
RESOLUTION NO. /7771
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND WOODWARD-CLYDE
CONSULTANTS FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRY WEATHER
DISCHARGE FIELD SCREENING AND ILLEGAL
DISCHARGE DETECTION SERVICES
WHEREAS, a requirement of the city's NPDES Permit (Order
No. 90-42) is that all agencies annually conduct dry weather
discharge field screening (effluent sampling, chemical analyses,
and observation of physical conditions) at major outfalls during
the dry weather season (May through October of each year) in order
to detect illegal discharges to the storm water conveyance system
and to identify, if possible, the sources of said illegal
discharges; and
WHEREAS, due to the expertise and specialized equipment
necessary to perform dry weather discharge field screening and
illegal discharge detection services, it is necessary to retain an
outside consultant; and
WHEREAS, on August 16, 1994, the City Council passed
Resolution No. 17617 approving an agreement between the City and
Woodward-Clyde Consultants for the performance of said services;
and
WHEREAS, the agreement included an option to extend the
agreement for up to two additional one-year terms; and
WHEREAS, staff is satisfied with Woodward-Clyde
Consultant's performance during FY 1994-95; and
WHEREAS, staff recommends the City enter into a new
agreement with said consultant to perform Dry Weather Field
Screening and Illegal Discharge Detection Services for an
additional one-year term during FY 1995-96 at the FY 1994-95 hourly
rates/unit costs for a fee not to exceed $60,000, with an option to
extend the agreement through the end of FY 1996-97 at the FY 1994-
95 hourly rates/unit costs.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve the Agreement between the
city of Chula vista and Woodward-Clyde Consultants for national
Pollutant Discharge Elimination system (NPDES) Dry Weather
Discharge Field Screening and Illegal Discharge Detection Services,
a copy of which is on file in the office of the city Clerk as
Document No. (to be completed by the Clerk in the final
document).
/p;~
i.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to cute said
AGreement for and on behalf of the city of C la VIs a
Bruce M.
Attorney
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\woodward
/5~"
Agreement between
City of Chula Vista
and
Woodward-Clyde Consultants
for National pollutant Discharge Elimination System
(NPDES) Dry Weather Discharge Field Screening
Services and Illegal Discharge Detection Services
This agreement ("Agreement"), dated July 1, 1995 for the purposes
of reference only, and effective as of the date last executed unless
another date is otherwise specified in Exhibit A, Paragraph 1 is
between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business address is set forth on
Exhibit A, paragraph 3, and the entity indicated on the attached
Exhibit A, paragraph 4, as Consultant, whose business form is set
forth on "Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City seeks to comply with all aspects of the 1987
Amendments to the Federal Water Pollution Control Act (Clean Water Act
and its implementing regulations, 33 USCA Section 1251 et seg.), the
Porter-Cologne Water Quality Control Act (California Water Code 13020
et seg.) and its implementing regulations, and the San Diego Regional
Water Quality Control Board NPDES Permit Number CA 0108758 and any
subsequent amendments thereto; and,
Whereas, in order to comply with Federal and State law, it is
necessary for the City to annually conduct Dry Weather Discharge Field
Screening ("Field Screening") at major outfalls in order to detect
illegal discharges to the storm water conveyance system and to
identify, if possible, the sources of said illegal discharges; and,
Whereas, the City has determined that it is necessary to retain
the services of Consultant in order to satisfy Field Screening
requirements;
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they can prepare and
deliver the services required of Consultant to City within the time
frames herein provided all in accordance with the terms and conditions
of this Agreement; and,
Whereas, in addition to retaining the services of Consultant in
order to satisfy Field Screening requirements, it is necessary and
desirable to retain Consultant on an on-call, as-needed retainer basis
during the life of the agreement;
~i.ld scr..ning Agr....nt: Woodw.rd-Clyd. Con.ultant.
Paga 1
15'7
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described
in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not
inconsistent with the General Duties, according to, and within the
time frames set forth in Exhibit A, Paragraph 8, and deliver to City
such Deliverables as are identified in Exhibit A, Paragraph 8, within
the time frames set forth therein, time being of the essence in this
agreement. The General Duties and the work and deliverables required
in the Scope of Work and Schedule shall be herein referred to as the
"Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to
terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant
agree to meet in good faith and confer for the purpose of negotiating
a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting services
related to the Defined Services ("Additional Services"), and upon
doing so in writing, if they are within the scope of services offered
by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 11 (C), unless a separate fixed fee is otherwise agreed
upon. All compensation for Additional Services shall be paid monthly
as billed.
E. standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
Pi.ld Scr..ning Agr....nt: Woodward-Clyda Conaultanta
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F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services required
to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies
that have a Best's Rating of "A, Class V" or better, or shall meet
with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the attached
Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each project
away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy
which the City may otherwise carry ("Primary Coverage"), and which
treats the employees of the City and Applicant in the same manner as
members of the general public ("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy, Consultant
shall deliver a policy endorsement to the City demonstrating same,
which shall be reviewed and approved by the Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at paragraph 19, indicates the
need for Consultant to provide a Performance Bond (indicated by a
check mark in the parenthetical space immediately preceding the
Fi.ld Scr..ning Agr....nt: Woodward-Clyd. Conaultanta Page 3
15'/
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form and
amount satisfactory to the Risk Manager or City Attorney which amount
is indicated in the space adjacent to the term, "Performance Bond", in
said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the
need for Consultant to provide a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is in
breach of the terms of this Agreement. The letter of credit shall be
issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19,
Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the
need for Consultant to provide security other than a Performance Bond
or a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Other
Security"), then Consultant shall provide to the City such other
security therein listed in a form and amount satisfactory to the Risk
Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and
to otherwise comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
Pield Screening Agreement: Woodwerd-Clyde Coneu1tente
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B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the day
of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City to
evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators")
indicated on Exhibit A, Paragraph 13, as said party's contract
administrator who is authorized by said party to represent them in the
routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in
the completion of this Agreement. It is difficult to estimate the
amount of damages resulting from delay in performance. The parties
have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following
penalty: For each consecutive calendar day in excess of the time
specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld
from monies due, the sum of Liquidated Damages Rate provided in
Exhibit A, Paragraph 14 ("Liquidated Damages Rate") .
Time extensions for delays beyond the consultant's control, other
than delays caused by the City, shall be requested in writing to the
Fi.ld Scr..nin~ A~r....n~: Woodward-Clyd. Con.ul~an~.
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City's Contract Administrator, or designee, prior to the expiration of
the specified time. Extensions of time, when granted, will be based
upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such
delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A, or
if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant shall not make, or participate in making or in any way
attempt to use Consultant's position to influence a governmental
decision in which Consultant knows or has reason to know Consultant
has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests,
as the term is used in the regulations promulgated by the Fair
Political Practices Commission, and has determined that Consultant
does not, to the best of Consultant's knowledge, have an economic
interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant further warrants and represents that Consultant will not
acquire, obtain, or assume an economic interest during the term of
this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of
an economic interest of Consultant's which may result in a conflict of
~i.ld Scr..ning Agr....nt: Woodward-Clyd. Conaultanta
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interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor
Consultant's immediate family members, nor Consultant's employees or
agents ("Consultant Associates") presently have any interest, directly
or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial
miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in
connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or for
12 months after the expiration of this Agreement, except with the
written permission of City.
Consultant may not conduct or solicit any business for any party
to this Agreement, or for any third party which may be in conflict
with Consultant's responsibilities under this Agreement, except with
the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense (including
without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent, or employee, subcontractors, or others in
connection with the execution of the work covered by this Agreement,
except only for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys'
fees and liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same proceed
to judgment or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
Field Bcreening Agree_nt. woodward-Clyde Coneultante
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8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less
any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater than
would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses
incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason,
by giving specific written notice to Consultant of such termination
and specifying the effective date thereof, at least thirty (30) days
before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City'S sole and
exclusive property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such
documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set
forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and shall
not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City, which City may not
unreasonably deny. City hereby consents to the assignment of the.
portions of the Defined Services identified in Exhibit A, paragraph 17
Fi.14 Scr..ning Agr....nt. Woodwar4-Cly4. Conaultanta
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to the subconsultimts identified thereat as "Permitted
Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced
in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or
in any other country without the express written consent of City.
City shall have unrestricted authority to publish, disclose (except as
may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement. Such use for
purposes not reasonably inferred by the Scope of Services shall be at
the sole risk of City.
13. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an
employee of City, and none of them shall be entitled to any benefits
to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury
leave or other leave benefits.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented in
writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set
forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be entitled
Fi.ld Scr..ning Agr....nt: Woodw.rd-Clyde Conaultanta
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to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing
the Defined Services, Consultant shall include, or cause the inclusion
of, in said report or document, a statement of the numbers and cost in
dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant
and/or their principals is/are licensed with the State of California
or some other state as a licensed real estate broker or salesperson.
Otherwise, Consultant represents that neither Consultant, nor their
principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be
given pursuant to this Agreement must be in writing. All notices,
demands and requests to be sent to any party shall be deemed to have
been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the
addresses identified herein as the places of business for each of the
designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred
to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and direction
Field Screening Agreement. Woodward-Clyde Conaultanta
Page 10
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from its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or
relating to this Agreement shall be brought only in the federal or
state courts located in San Diego County, State of California, and if
applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City
of Chula Vista.
I'i.ld SClr..ning Ag:l:'....D~: Woodward..Clyd. COIlaultanta
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Signature Page
to
Agreement between City of Chula Vista and
Woodward-Clyde Consultants
for National
(NPDES l Dry
Services and
Pollutant Discharge Elimination System
Weather Discharge Field Screening
Illegal Discharge Detection Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same,
and indicate their full and complete consent to its terms:
Dated:
, J.995
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
B
Dated:
lyde Consultants
By:
Scott S. Moor ous , Vice President
Operations Manager
Exhibit List to Agreement
(Xl Exhibit A.
(l Exhibit B.
iN: \SHARBD\ATTORNBY\WCCBXTND.AGG]
Field Scr..ning Agr.~nt: Woodward-Clyde Conaultant.
Paga 12
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Exhibit A
to
Agreement between
City of Chula Vista
and
Woodward-Clyde Consultants
1.
Effective Date of Agreement:
July 1, 1995
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
Industrial Development Authority of the City of Chula
Vista, a
Other:
[insert business form]
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Woodward-Clyde Consultants
Sun road Plaza 3
1615 Murray Canyon Road, Suite 1000
San Diego, California 92108
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and FAX Number of Consultant:
Sunroad Plaza 3
1615 Murray Canyon Road, Suite 1000
San Diego, California 92108
Voice Phone (619) 294-9400
FAX Phone (619) 293-7920
7. General Duties:
Consultant shall perform Field Screening at various storm
water conveyance system outfalls throughout the City. Consultant
Exhibit A to Fi.ld Sor..ning Agr....nt: Woodward-Clyd. Conaultanta
Page 1
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shall perform additional sampling and chemical analyses, as
authorized by City, as may be necessary to identify pollutant
sources.
8. Scope of Work and Schedule:
A. Detailed, Scope of Work:
Consultant shall:
(1) Provide all personnel, equipment, and materials
necessary to perform Field Screening in compliance
with the requirements of federal N.P.D.E.S. Municipal
Stormwater Discharge Regulations (promulgated by the
United States Environmental Protection Agency) and
California Regional Water Quality Control Board NPDES
Permit Number CA 0108758.
(2) Field Screen for those parameters listed on the
"Field Screening Data Sheet" shown in Attachment 2 of
this exhibit. At locations where flow is observed,
the consultant shall perform instrumental
determination of physical conditions and field
chemical analyses by colorimetric or other approved
method for the constituents identified in the "Field
Screening Data Sheet".
(3) Perform Field Screening at the sampling locations
shown in Attachment 1 of this exhibit. At sampling
locations where flow is observed, at least two grab
samples must be collected within twenty-four hours of
each other and at least four hours apart. Obtain
laboratory samples for further testing if information
obtained through Field Screening procedures indicates
elevated levels of pollutants and/or a possible
illegal discharge. Laboratory sample analysis shall
include testing for semi-volatile organics, metals
(copper, lead, zinc, selenium, arsenic, cadmium,
chromium, and iron), nitrates plus nitrite, total
Kjeldahl nitrogen (TKN) , biochemical oxygen demand
(BOD), fecal and total coliform, surfactants (MBAS) ,
residual chlorine, total phosphate, total suspended
solids (TSS) , and/or other tests that may be necessary
to identify pollutants. Field Screening shall be
performed at least twice per dry season at each
location, as determined by City. Consultant shall
commence Field Screening within five working days of
request by the City (Deliverable Nos. 1 and 2) .
(4) Provide a description of the field chemical
analysis methods used, including the name(s) of the
manufacturer(s) of the test methods along with the
range and accuracy of each test.
Bxh1bit A to Pield Screening Agreement. Woodward-Clyde Conaultanta
Page 2
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(5) Perform upstream storm water conveyance system
effluent sampling and analyses, as authorized bv Citv,
as may be necessary to identify the upstream source(s)
of pollutants detected or observed during Field
Screening (Deliverable No.3) .
(6) Perform additional storm water conveyance system
effluent sampling and analyses, as authorized bv City,
as may be necessary to identify pollutant sources, on
an on-call, as-needed basis during the life of the
agreement. Consultant shall commence sampling and
analysis within one working day of request by City
(Deliverable No.4) .
(7) Perform all sampling, handling, and testing of
field samples obtained for laboratory analysis in
accordance with 40 Code of Federal Regulations Part
136. The Consultant's laboratory shall be certified
to perform such analyses by the California Department
of Health Services or shall be approved by the
Executive Officer of the Regional Water Quality
Control Board.
(8) Perform quality assurance analyses on City-
approved chemical standards (quality control specimens
of known chemical concentrations) to check the
accuracy and reliability of the field test equipment
used. Field Screening quality assurance analyses
shall be conducted at the beginning of each week in
which Field Screening is scheduled.
(9) Provide City with original Field Screening Data
Sheets within five working days of when Field
Screening is performed. Provide City with summary
reports of Field Screening activities within twenty
working days of the completion of each round of Field
Screening. Provide City with all other reports within
ten working days of the completion of laboratory
testing.
(10) Provide City with all original data, reports,
records, etc. of Field Screening, illegal discharge
detection services, and laboratory analyses, as well
as certified copies of all calibration, quality
assurance, and maintenance records. Further, the
consultant shall maintain copies of all records
related to dry weather discharge Field Screening and
illegal discharge detection services performed under
the contract for a minimum of five years from the date
of sampling, measurement, report, etc. This period
may be extended due to possible unresolved litigation
regarding a discharge or when requested by City or the
Executive Officer of the Regional Water Quality
Control Board.
Exhibit A to Pield Screening Agreement: Woodward-Clyde Conaultanta
Page 3
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(11) Use billing forms and procedures acceptable to
City.
(12) Notify City in writing of any discharge which may
endanger the public health or safety and/or the
environment within 24 hours of the time the consultant
becomes aware of said discharge.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1: Provide City with original Field
Screening Data Sheets within five
working days of when said Field
Screening is performed. Provide
City with written reports of
laboratory testing performed in
conjunction with Field Screening
activities within ten working days
of the completion of said
laboratory testing.
Deliverable No.2: Provide City with written summary
report of Field Screening and
related activities within twenty
working days of the completion of
each round of said Field Screening.
Deliverable NO.3: Provide City with written reports
of laboratory testing performed in
conjunction with Field Screening
activities upstream of outfalls to
identify the upstream source(s) of
pollutants detected or observed
during Field Screening within ten
working days of the completion of
said laboratory testing.
Deliverable NO.4: Provide City with written reports
of sampling and analyses performed
on an on-call, as-needed retainer
basis to identify pollutant sources
within ten working days of the
completion of said analyses.
D. Date for Completion of all Consultant Services:
Services are to be provided by Consultant on a time-
and-materials basis through June 3D, 1996. Upon a
determination by City staff that Consultant has
Exhibit A to Field Scr.ening Agr..ment: Woodward-Clyde Con.ultants
Page 4
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satisfactorily performed the required services during
Fiscal Year 1995-96 and upon subsequent approval by
the City Council, this agreement may be extended if
City so elects in its sole discretion through Fiscal
Year 1996-97 (July 1, 1996 to June 30, 1997) upon
terms and conditions identical to those contained
herein.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(Xl Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
(X) Errors and Omissions Insurance: $500,000 (not
included in Commercial General Liability coverage) .
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by
Consultant as herein required, City shall pay a single fixed fee
in the amounts and at the times or milestones or for the
deliverables set forth below:
Single Fixed Fee Amount:
follows:
, payable as
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the
Defined Services by Consultant as are separately identified
below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or
Deliverables set forth . Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to
Consultant as to said Phase.
Phase
Fee for Said Phase
1.
$
$
2.
Bxhibit A to Field Screening Agr..~nt: Woodward-Clyde Con.ultant.
Page 5
/ y..2.J
;,.+-
c. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
herein below according to the following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein
required of Consultant for an amount not-to-exceed
$60,000 annually, including all Materials, and other
"reimbursables" ("Maximum Compensation") in accordance
with the following schedule:
Estimated
Budget for
Task Each Task*
l. Outfall Field Screening (Deliverables 1 & 2) $36,000
2. Upstream Investigation and Testing During
Field Screening Operation (Deliverable 3) $15,000
3. Upstream Investigation and Testing on an On-
Call/As-Needed Basis throughout the Term of $ 9,000
the Aareement (Deliverable 4)
Maximum Total Compensation - Tasks 1, 2, r. 3 $60,000
* Funds rema,n,ng from a completed task may be utilized for
another task if necessary.
(2) () Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to $ ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization
issued in writing and approved by City. Nothing
herein shall preclude Consultant from providing
additional Services at Consultant's own cost and
expense.
Exhibit A to Field Screening Agreement. Woodward-Clyde Consultants
Page 6
/Y.21
I.Y.
.(7.
Rate Schedule
Hourly
Cateaorv of Emolovees of Consultant
Rate
Clerk*
Technical Assistant/Word Processor*
Technician Assistant*
Technician*
Drafter/Illustrator*
Staff Professional
Senior Staff Professional
Assistant Project Professional
Project Professional
Senior Project Professional
Consulting Professional
Principal/Senior Principal
Two-person field crew (2 Technician
Assistants [TA])
Three-person field crew (2 TAs and
1 Project Professional)
Overtime (hours worked in excess of eight [8] hours
per day) by exempt personnel will be charged at the
above straight time hourly rate. Overtime by non-
exempt personnel (classifications identified with an
asterisk "*") will be charged at 1.3 times the above
hourly rates.
$ 37
57
42
60
62
$ 65
80
85
100
113
120
130
84
184
() Hourly rates may increase by 6% for services
rendered after [month], 19 ,if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $
( ) Copies, not to exceed $
( ) Travel, not to exceed $
( ) Printing, not to exceed $
( ) Postage, not to exceed $
( ) Delivery, not to exceed $
( ) Long Distance Telephone Charges,
not to exceed $
(X) Other Actual Identifiable Direct Costs:
Exhibit A to Fi.ld Sgr..ning Agr....nt: Woodw.rd-Clyd. Conaultanta
Page 7
.......-
15'.2.>
JO'
j6
.Iilm
~
$ 75.00 per day
$ 39.00 per day/
$ 50.00 per week
$123.00 per day/
$246.00 per week
$ 0.74 each
$ 0.74 each
$ 0.74 each
$ 2.66 each
$ 0.29 each
$ 1. 99 each
$ 0.34 each
$ 1. 12 each
Cost Plus 12%
Vehicle
Tripod (Confined Space
Entry)
Rescue System, SO ft.
(Confined Space Entry)
Chlorine reagent
Copper reagent
Phenol reagent
Detergents reagent
AllUl\onia reagent
Glycol reagent
Zinc reagent
Filters
Other (As approved by City)
(X) Laboratory Services as set forth below:
Method NUmber'.\
DriJUiDg' CJroUDclwater,
Parameter/Analute Wat.er, Watef' Soil., Solid l1IU~sfo"
W..tewater1 I w.. t. IS)
8 Metals (Cop~er, Lead, Zine, s~tenium, 200.7/200 6010 98
Arsenic Cadnu. urn Chromium Iron Series
Aluminum, Antimony, Arsenic, Barium, 200.7/200 6010/7000 15 f,er
Beryllium, Boron, Cadmium, Calcium, Series Series ana yte
Chromium. Cobalt, Copper, Iron, Lithium,
Magnesium, Manganese, Molybdenum, Nickel.
Potassium, Selenium, Silicon, Silver,
Sodium, Stronti~~, Th~?~ium, Tin,
Vanadium Zinc b lCAP Flame AA
Antimony, Arsenic. Beryllium, Cadmium, 200 Series 7000 Series 20 f,er
Chromium'l-.:oPP~~l Lead, Selenium, Silver. ana yte
Thallium b Gra hite Furnace
Mercul'"V bv Cold Va~or 245 7470 7471 30
Exhibit A to Wield Screening Agre~ent: Woodward-Clyde Con.ultant.
Pag. 8
Jr--~v
~
<::1
INORGANIC ANALYSES - GENERAL CBEMISTRY
u..~.... __"._'_'
par...ter/ADalute Dr1D.klng ....t..r, GrOUDdwater, .f:~l., "Ai,
Water W.at.-waterlll 80114 .a.te 1 Coat. 'iSl
Alkalini." :310.1 1>, '0
'--o~<. 3Sn. , '" 20
Biochemical n-.....en Demand 'BODl "05.1 - <5
Bromide 300.0 320.1 '" 20
Cation Exchan"'e Canacit" - 9081 SO
~'-r'A- 300.0 325.2 1>, '0
Chromium Hexavalent 7196 7196 65
Chemical Oxygen Demand (COD) no Modified, - <5
410.2
ce ouc""_ "n , oosn 20
-'anide Total 335.3 9012 60
f"vanide Amenable 335 9012 85
Fl..h....oint 1010 '010 <5
Flu--'de 3<0.2 1>, 20
MBAS <25. , - <5
Nitrate 300.0 353.2 - <5
Nitrate/Nitrite 353 '" 20
Nitrite 300.0, 353.2, ,., 20
354.1
Nitr~en Total It;eldahl 351.2 3.1. 2 Modified <5
Oil-Grease (Gravimetric lR' 4.13.1 413.2 Modified <5
o"-t r">e- 9095 20
Petroleum Hvclroearbone I IR' 418.1 418.1 Mod!il'!ed <5
ph 150.1 9040 904.5 15
Phenolics Total 420.1 420.2 9065 9066 60
Oho.~h.te --~ ....' 365.3 '0
Pho.....horue Total 365.3 365.3 Modified 30
Residual Chlorine 330.5 - 30
So'id. Settleable '60.5 - 20
0_' u. "'ot-l HO.3 - 20
Solide Total Di..o1v-d 160.' 20
Sol i d. Total Su.-ende.a 160.2 20
Sulfate 300'~7.3~S.2. '" 20
Sulfide 376.1 376.2 9030 30
"'otal Or--~ic e.-bo~ 'roc' 4'5.2 9060 "'-Q.A 90_3_2140' 6.
Tot-l ~anic lIa'ide. ,......X' 9020 '020 85
"'nt-' .. r___' - . ,,- au ..., - 2A
"'''rbiditv 180.1 - 20
III Methoda referenced (unle.. noted a. -Modified") are from u.s. B.P.A. Methoda for
Chemical Analy.is of Water and Wa.tewater, EPA-600/4-79-020, 1979.
Bxbibi~ A ~o Pi.ld Bcr..uiug Agr....u~' Woodward-Clyda CQD.ul~au~.
.ag. 9
/5~ :2.l
Id.
,~) Methode referenced (unle.. noted .. "Modified") are from u.s. E.P.A. Te.t Method. for
Evaluating solid Wa.te., SW.846, 3rd Edition, 1986 << updatea.
C)) Analyte. can be analyzed on a 1:10 aoil to'water leachate. An additional $25 leachate
preparation charge will be .aaeaaed per aample.
<0'
Method. referenced are from Methods of Soil Analyaia, American Society of Agronomy
(ABA), 1965.
ORGANIC ANALYSES
Method ~erfa'
Grouzulwater,
or1lolt1wr Water, 8011a, Solld 1h11.
Parameter Waterl! Wa.tewaterl1l1 "a.telll Coat .fS}
a.. Cbr......~.fthv 'c>c\
Volatiles:
. Aromatic 503.1 602 8020 140
. Hal~enated 502.1 601 8010 140
. Non- alogenated - 8015 By ~ote
. Halogenated and 502.1/503.1 601/602 8010/8020 1 5
Aromatic Volatile 502.2 80211"1 8021 200
orianic8
. Ha ogenated and
Aromatic Volatile
Organic.
Semi-Volatiles:
. HerbJ.cJ.des
Chlorinated 515 615 8150 225
Triazine - 61. 61' Modified 250
. Organochlorine 508 608 8080 175
Pesticides and PCBs
. Pesticides 50f - 50f Modified 75
DBCP 50f - 50f Modified 75
EDB 50f - 50f Modified 135
DBCP and EDB 514 614 8140 250
Organopho8phorua - 60f 8040 250
. phenols - 606 8060 250
. Phthalate.
. Polb:chlorinated 508 608 8080 120
Bi~ enyls (PCBs) - - 8080 80
on y
wile, Water, Soil
Oi
a.. Chromato-a-h'.'Maaa I-eatrometer CQC/MS
Volatiles:
. Volatile Organics - 6,. 8240 250
(VOAI 524.2 - 8260 250
. Y~l~~ile Organic.
VOA
Semi.Volatilee:
. semj.-vo.1a7~1~, 525 625 8270 358
Or~an;cs BNA
Bi~h Performance Ll-.ld Cbr..... .oar...hv (IIPLC'
Formaldehyde and - 8315 8315 200
Acetaldehyde Modified
Carbamate Peaticidee - 632 632 Modified 225
Nitroaromatica and - - 8330 225
Nitroaminee
~~~ynucle.r ~?fl\a:+c - 610 8310 200
H arocarbon. PNAs
u,
Method. referenced are from Methode for the Determination of Organic Compounde in
Drinking Water, EPA-600/4-88-039, December 1988 Supplement, EPA-600/4-90-020, July
1990.
'"
Methode referenced (unl... noted .. "Modified") are from u.s. E.P.A. Method. for
Chemical Analy.i. of Water and Wa.tewater, EPA.600/4-79-020, 1979.
Methods referenced (unle.. noted .. "Modified") are from U.I. E.P.A. Teat Methode for
Evaluating Solid Wa.tea, SW.846, 3rd Edition, 1986 k ~datea.
Methods referenced are from Methode of Soil Analyaia, American Society of Agronomy
(ABA), 1965.
'"
<0,
.xhibi~ A ~o Fi.ld Scr..DiD~ Agr....D~1 Woodw.rd-Clyd. COD.ul~aD~.
I'.~. 10
/.>~~f!!
f~
t,,,
RADIOCHEMISTRY ANALYSES (1)
IC.'_ _.r'.'
lhli.
b.lv.i. _...... Waterlll V~.t.- C:'..8\t
80il tiOD
Al<r1!:a.. -.otrCID.t.....~ 'AS\
I.otopic Uranium (U-238, U-234, U-235) 907.0 ATI SOP ATI SOP 145
I.otopic Thorium (Th-228, Th-230, Th-232) 907.0 ATI SOP ATI SOP 145
Isotopic Plutonium (Pu-238, Pu-239, 907.0 ATI SOP ATI SOP 145
Pu-240) 907.0 - - 145
Am-24.1 ATI SOP AT1 SOP ATI SOP 145
Po-2ID
13.-. S.....ctrom.t-.. 'GSl
Am-241 - 901.1 ATI SOP 75
Gamma Isotopic 901.1 ATI SOP ATI SOP 75
Ra-226 9Ol.II)) - - 145
Ra-226 - 901.1 ATI SOP 75
Ra-228 9Ol.ll)) - - 145
Ra-228 - 901.1 ATI SOP 75
Ra-226 Ra-228 9Ol.113l - - 145
G.. Plow Preeortional CowoU.." 'c>PP'
Grose Alpha 900.0 ATI SOP ATI SOP 45
GrosliI Beta 900.0 ATI SOP ATI SOP SO
Gros. A1pha/Beta 900.0 ATI SOP ATI SOP 55
Pb-;210 ATI SOP ATI SOP ATI SOP 145
Sr-89, Sr-90 905.0 ATI SOP ATI SOP 135
Total Radium 903.0 - - 75
Total Radium - 903.0 - 100
Total Uranium 908.0 - - 75
Total Uranium 908.0 - 100
Li=id SciDtill.tioD (LO'
C-l4 ATI SOP - - 60
C-l4 - ATI SOP - 100
Rn-222 ATl SOP - - SO
Tritium 906.0 - - SO
Tritium - 906.0 - 75
Other Beta Em1ttera by Liquid - Various Various 145
Scintillation (1-129 Ni-63 Fe-55 Tc-99)
'"
All radiochemistry analyses are performed at Analytical Technologies, Incorporated'.
Fort collins, Colorado facility.
Methods referenced are from U.S. E.P.A. Methods for Prescribed Procedures for
Measurement of Radioactivity in Drinking Water, EPA-600/4~80-032, 1980.
'"
'"
Sulfate Precipitation Procedure, B. Kahn et aI, Health Physic. 59, No.1, July 1990,
pp. 125-131.
A sample screening charge of $20.00 per sample will be assessed for each sample known or
suspected to contain radioactivity.
All samples containing mixed waste will be returned to the client. Samples containing
radioactivity will be disposed of by Analytical Technologies, Inc. (subco~ultant) at a
cost of $15.00 per sample container (up to one kilogram), or returned to the client at the
cost of shipping plus ten percent.
All analysis prices include sample preparation.
13. Contract Administrators:
City:
John P. Lippitt, Director of Public Works
Department of Public Works
276 Fourth Avenue
Chula Vista, California 91910
(619) 691-5021.
Bxbdb1~ A ~o F1.1d Scr..n1ng Agr....n~1 Woodw.rd-Clyd. COD.ul~&D~.
r.g. 11
1.5"'.2 ?
(....
~c
consultant:
Arsalan Dadkhah, Ph.D, P.E.
Woodward-Clyde Consultants
Sunroad Plaza 3
1615 Murray Canyon Road, Suite 1000
San Diego, California 92108
(619) 294-9400
14. Liquidated Damages Rate:
( ) $
(X) Other:
per day.
None.
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of
income.
Category No.2. Interests in real property.
Category No.
property and
regulatory,
department.
() Category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of the
() Category No.5. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
() Category No.6. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the
designated employee's department to provide
services, supplies, materials, machinery or
equipment.
Category No.7. Business positions.
( )
property
any:
List "Consultant Associates" interests in real
within 2 radial miles of Project Property, if
Bxbibi~ A ~o Pi.ld Scr..ning Agr....n~l Woodw.rd-Clyd. Con.ul~an~.
Page 12
J5<]~
16. () Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Analytical Technologies, Inc.
5550 Morehouse Drive
San Diego, California 92121
Voice Phone (619) 458-9141
FAX Phone (619) 558-2389
Environmental Engineering Laboratory
3538 Hancock Street
San Diego, California 92110
Voice Phone (619) 298-6131
FAX Phone (619) 298-6141
Pacific Treatment Environmental Services, Inc.
1452 North Johnson Avenue
El Cajon, California 92020
Voice Phone (619) 441-1818
FAX Phone (619) 441-2691
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X) Monthly
() Quarterly
() Other:
B. Day of the Period for submission of Consultant's
Billing:
() First of the Month
() 15th Day of each Month
(X) End of the Month
() Other:
C. City's Account Number: 227-2271-5201
19. Security for Performance
) Performance Bond, $
) Letter of Credit. $
) Other Security:
Type:
Amount: $
Exhibit A to Fiald Sc~aaning Ag~aemant' Woodwa~d-Clyda Conaultent.
Paga 13
15'J!
(X) Retention. If this space is checked, then
notwithstanding other provisions to the contrary requiring the
payment of compensation to the Consultant sooner, the City shall
be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Delivery and Acceptance of Reports
Exhibit A to Fi.ld Sor..ning Agr....nt: Woodward-Clyd. Conaultanta
Page 14
/.5' ;1.2
/3
~
ATTACHMENT 2
FIELD SCREENING DATA SHEET
General Information
ID.llpection Team
Sheet No.:
OUtfall 1.0. Ne.:
Date:
Time:
Sample No. :
Weather:
Cloudy
Windy
Sunny
Time Since Last Rain:
< 72 Boure
> 72 Hour.
Field Site Description
Approximate Location:
Conveyance Type:
Open Channel
Manhole
Concrete
Steel
Gra..ed
Observed Land Use in Vicinity:
Industrial
Hot
Cold
Rain
Other
Fog
Quantity of La.t Rainfall
> 0.1 inch
< 0.1 inch
OUtfall
Other
Rock
other
Commercial
Reaidential
Unknown
Other
Flow Estimation
Flow Oblllerved:
Ye.
No
Bucket: Metbod
Gallons Collected
Time (seconds)
Flow Rate (gpm)
Approx. Channel Width or Pipe Diameter
Area/Veloci ty Method
Average Depth (ft)
Average Width (ft)
Di.tance (ft)
Time (8econds)
Flow Rate (cfa)
Viau.l observation
Ye.
No
Photo Taken:
Odor:
None
Musty
Sewage
Earthy
Chemical
Chlorine
Color:
Red
Clear
White
Cloudy
Opaque
Clarity:
Clear
Photo Number
Roll Number
Rotten Eggs
Sour Milk
Putrescence
Gasoline
Soap
Other
Yellow
other
Brown
Green
Gray
Suspended Solid.
Other
Sediment.
Oil
Garbage/Sewage
Floatable.:
None
Oily Sheen
Deposits/Stains:
. None
Vegetation Condition: None
Structural Condition: Normal
Normal
Suds
Other
S=m
other
Inhibited Growth
Exce.sive Growth
Biological:
Bacteria/Algae
Concrete Cracking/Spalling
Mo.qui to Larvae
Metal Corro.ion
other
Dead Animal.
other
Are any unusual pipes or ditches visible from the sample location?
Ye.
No
Field Analvses
Laboratory Sample Collected:
Is there any overland flow vi.ible from the .ample location?
No
Ye.
No
In.it.ial.
Water Temp (C)
pH
Total Phenol (mg/l)
Detergents (mg/ll
Other
Comments
Ye.
(If yea, attach copy of chain-of-custody record)
Ini tial.
Total Chlorine
Total Copper (11\9'/1)
lUnmonia !I.g/ll
Glycol (mg/ll
Data Sheet Filled Out By (Signature)
Jpr .J)
.~"
, -~'
COUNCIL AGENDA STATEMENT
Itemg
Meeting Date Julv 25. 1995
SUBMITIED BY:
/ 79?~
Resolution Ratifying an Agreement for the Operation and
Maintenance of Sewage Lift Stations and Sewer Mains Within Territory of
the San Diego Unified Port District.
Director of Public wor~r
City ManageU1 ~~5THS vote: Yes_NolO
Since 1983 the Port District has contracted with the City to maintain the Port District sewers stations
on a time and material basis. The latest agreement of July 1, 1992 expired on June 30, 1995. This
resolution would provide for a new three-year agreement between the City of Chula Vista and the
San Diego Unified Port District for sewage related maintenance.
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: That Council adopt the resolution ratifying the agreement with the San
Diego Unified Port District and authorize the Mayor to execute the document on behalf of the City.
BOARDS & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: On June 21, 1983, the City and Port District first entered into an agreement
that the city would maintain the sewer lift (pump) stations and mains within the territory of the Port
District lying adjacent to San Diego Bay between "G" and "J" Streets. The agreement stipulated that
the City would perform maintenance work on the Bayside Park sewers only on a time and material
basis at the written request of the Port District. Subsequently agreements extending the original
agreement were entered into with the most recent expiring on June 30, 1995. Staff is recommending
Council ratify a new agreement with the Port District for the period of July I, 1995 - June 30, 1998.
The new agreement (attached) is exactly the same as the expired agreement. No changes have been
made.
The sewer lift (pump) stations to be maintained by the City and billed on a time and material basis
are:
Sandpiper pump station located at 470 Sandpiper Way.
J St. Marina pump station located at 1001 J Street.
Tidelands pump station located at 663 Marina Parkway adjacent to Jake's Restaurant.
The sewer mains to be maintained have been accepted by the City and regular sewer funds are
collected for maintenance. These mains include:
9,900 ft. of gravity sewer main and 2,350 ft. of force main from Marina Parkway
west between "G" and "J" Streets.
//,-/
Page i Item /?
Meeting Date Julv 25. 1995
FISCAL IMPACT: The expected annual costs for maintenance of the Port District lift stations are
reflected in the Public Works FY 95-96 budget. Since work is done by the pump or sewer crews,
the money collected from the Port District will go back to the Sewer Fund. Additionally, making
the agreement retroactive will allow for the billing of work beginning July 1, 1995. During FY 94-
95 the Port District was invoiced quarterly for work performed on Port District Pump stations. A
total of 558.5 staff hours were spent on repair and maintenance of Port District Pump stations from
July 1, 1994 - March 31, 1995. The total reimbursement from the Port District to the sewer fund
for the first through third quarters was $21,741.81 for associated pump station labor, equipment, and
material costs. Staff is in the process of billing for the fourth quarter which ended on June 30, 1995.
The labor cost was billed at a sewer full cost recovery rate of 2.588 to recapture overhead costs.
In addition, we also collect regular sewer maintenance funds for maintenance of the Port District
mains.
(PRTDIST.CAG)
Attachments:
1) New Agreement (July 1, 1995 to June 30, 1998)
2) Expired Agreement (July 1, 1995 to June 30, 1995)
/,,~:L
1"":
RESOLUTION NO. /79 J ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AN AGREEMENT FOR THE
OPERATION AND MAINTENANCE OF SEWAGE LIFT
STATIONS AND SEWER MAINS WITHIN TERRITORY OF
THE SAN DIEGO UNIFIED PORT DISTRICT
WHEREAS, since 1983 the Port District has contracted with
the City to maintain the Port District sewer stations on a time and
material basis; and
WHEREAS, the latest agreement of July 1, 1992 expired on
June 30, 1995; and
WHEREAS, the new agreement will provide for a three-year
term between the City of Chula vista and the San Diego Unified Port
District for sewage related maintenance.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby ratify an Agreement for the
Operation and Maintenance of Sewage Lift stations and Sewer Main
within territory of the San Diego Unified Port District, a copy of
which is on file in the office of the City Clerk as Document No._
____ (to be completed by the Clerk's office in the final document) .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vita is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Ch vista.
r O=:J)
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\portdist.sew
/ ~ .:; }~ - Lf
I?
1 ....~"
.-L..-~
AGREEMENT FOR THE OPERATION AND MAINTENANCE OF SEWAGE
LIFT STATIONS AND SEWER MAINS WITHIN TERRITORY
OF SAN DIEGO UNIFIED PORT DISTRICT
THIS AGREEMENT, made and entered into this
day of
,
1995, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter called, "City," and THE SAN DIEGO UNIFIED
PORT DISTRICT, hereinafter called "District";
~.I:rHE.~~:g:rH
WHEREAS, District has caused to be constructed and installed
certain sewage lift stations and sewer mains within its territory
lying adjacent to the San Diego Bay and between "G" Street and "J"
Street, and
WHEREAS, the District has completed additional sewers for
Bayside Park, and
WHEREAS, District's normal activities do not include the
operation and maintenance of sanitary sewer facilities, and
WHEREAS, City's normal activities do include the operation and
maintenance of sanitary sewer facilities including sewer mains and
sewage lift stations, and
WHEREAS, City is willing to perform certain duties for the
facilities hereinafter described provided that the cost of such
work is paid to it by District, and
WHEREAS, the agreement of July 1, 1992 between the District
and the City expired on June 30, 1995 and has not been extended.
NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. District shall
maintenance and operating
continuous operation of
agreement.
be responsible for payment of all
costs necessary for the efficient and
the lift stations covered by this
2. District shall be billed quarterly by the City and
billing shall include a detailed statement of labor, material,and
overhead costs and shall be payable within thirty (30) days.
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3. Routine, recurring maintenance, with a total cost per
incident of $1,000 or less, shall be performed by the City. Labor
charges will be at prevailing City wages and shall include labor at
cost, including overhead. The minimum labor charge for routine
maintenance will be for one (1) hour and time shall include travel
to each lift station. Transportation costs shall include vehicle
rental, small tools and other normal items used in the performance
of maintenance tasks.
4. Non-emergency, routine maintenance exceeding $1,000 per
incident shall be directly referred to the District Maintenance
Superintendent by the City Director of Public Works for approval in
an expeditious manner mutually acceptable to both. The District
reserves the right to perform said maintenance.
5. The City will contract for any major repairs or
replacement parts subject to District approval, for projects
similar to those contracted out by the City for its lift stations.
Upon approval, such costs shall be billed directly to the District
by the vendor and paid directly to the vendor by the District.
6. The City shall perform all emergency maintenance without
prior approval of the District; however, the District should be
notified as soon as possible.
7. Cost for electricity, water and telephone shall be billed
directly to District by each utility company and paid directly by
District.
8. A detailed accounting of repair parts and materials
required to perform lift station maintenance shall be included in
the quarterly billing.
9. District shall deposit with City the sum of Two Thousand
Dollars ($2,000) against which City shall draw during the billing
period and City shall submit a detailed statement of costs of
maintenance and operation for reimbursement by District at the end
of each quarter year subsequent to the effective date of this
agreement.
10. District shall pay normal sewer service charges to City
for each use served by the system of sewer mains operated and
maintained by City. Those normal sewer service charges shall be as
provided in Section 3.20.020 of the Chula Vista Municipal Code.
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11. City shall operate and maintain the sewage lift stations
and sewer mains within District territory, between "G" and "J"
Streets, in the same manner as all other such facilities within
City jurisdiction except that Port District shall pay all energy
costs for said sewage lift stations directly to San Diego Gas and
Electricity Company.
12. The City shall perform maintenance work on the sewers for
Bayside Park within the tidelands properties of the District only
on a time and material basis upon District's written request for
said services.
13. The facilities covered by this agreement may be added to
or deleted from at any time by mutual consent of the parties
hereto. Said mutual consent shall be evidenced by written
statement of the governing bodies of said parties.
14. Bills of sale and easement for all of the facilities
covered by this agreement have been offered to City by District and
accepted by City except for Bayside Park. These easements are
valid for a stated period of SO years unless relinquished as
provided in those documents. Should such relinquishment occur,
ownership of all the facilities covered at that time by this
agreement shall revert to District and upon payment of any
outstanding charges for operation and maintenance, this agreement
shall be voided. .
15. It is understood and agreed that City, or any officer or
employee thereof, shall not be liable for any injury to person or
property occasioned by reason of the acts or omissions of District,
its agents or employees, in the performance of this agreement.
District further agrees to protect and hold harmless City, its
officers and employees from any and all claims, demands, causes of
action, omissions of District, its agents or employees, in the
performance of this agreement. Said indemnification and agreement
to hold harmless shall extend to damages or taking of property
resulting from the construction and repair of said sewage pump
stations and shall not constitute the assumption by City of any
responsibility for such damage or taking. It is further understood
and agreed that District shall not be liable for any injury to
person or property occasioned by reason of the acts or omissions of
City, its agents or employees, in the performance of this
agreement. City further agrees to protect and hold harmless
District, its officers and employees, in the performance of this
agreement. City further agrees to protect and hold harmless
District, its officers and employees, from any and all claims,
demands, causes of action, omissions of District, its agents or
employees in the performance of this agreement.
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16. In the event that any suit is brought upon this agreement
by either party, the court shall have discretion to award the
prevailing party reasonable attorney's fees.
17. This agreement shall be made retroactive to July 1, 1995
to cover all the operations and maintenance costs billed to the
district but not paid to the City because of the expiration of the
agreement of June 30, 1995.
18. The term of this agreement shall be from Julv 1. 1995, to
and including June 30. 1998, provided, however, said term may be
extended upon mutual agreement between the City Manager of City and
Port Director of Port, and further provided that either said City
Manager or Port Director may terminate this agreement at any time
upon the giving of at least ninety (90) days prior notice in
writing to the other party.
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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
SAN DIEGO UNIFIED
PORT DISTRICT
Assistant Port Director
Mayor of the City of Chula Vista
ATTEST:
't
Port District Attorney
C
(SDPORT.AGR)
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A~ FOR 'nIE OPDAfiON AND HAJ:N'rDANC!: OP SEWAGE
Ll:F'l' STATIONS AND SEWER MADlS Id:..l:J:UJ.'l TERRITORY
OF SAN DIEGO UNIFIED POR'!' DIS'nU:C'l!
S TH:r:S AGREEMENT, made and entered into this ~ day of
~~L ,
~99 , by and between 'nIE CITY OF CHULA VISTA, a lIlW1icipa~
corporation, hereinafter cal~ed "City," and '!'HE SAN DIEGO tl'NIFIED
PORT DIS'l'RIC'l!, hereinafter ca~~ed "District";
l:iI..IH~~S~.IHl.
WHEREAS, District has caused to be constructed and installed
certain sewage lift stations and sewer mains within its territory
lying adjacent to the San Diego Bay and between "G" Street and
"J" street, and
WHEREAS, the District has completed additional sewers for
Bayside Park, and
WHEREAS, District's normal activities do not include the
operation and maintenance of sanitary sewer facilities, and
WHEREAS, City's normal activities do include the operation
and maintenance of sanitary sewer facilities including sewer
mains and sewage lift stations, and
WHEREAS, City is willing to perform certain duties for the
facilities hereinafter described provided that the cost of such
work is paid to it by District, and
WHEREAS, the agreement of Mav 3. ~988 between the District
and the City expired on June 30. ~992. and has not been extended.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
~. District shall be responsible for payment of all
maintenance and operating costs necessary for the efficient and
continuous operation of the lift stations covered by this
agreement.
2. District shall be billed quarterly bY the City and
billing shall include a detailed statement of labor. material.
ana'o~rhead costs and shall be payable within thirty (30) days.
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3. Rou1::U%e, racurrincr maintenance, wi.th a ~ta.~ cost 'Oar
inciderrt: o~ SLOOO or ~_.. shal.~ be perlo-- by t:tle city.
Labor c:harqa. wUl. be at prevallinq City waq.. and shu~ inc~ude
l.al:Ior at c:cst, inc:l.u.dinq overhead. 'J:b.e lIIi.ni-,,. l.al:Ior c:harqe for
routine maintenance wUl. be for one (1.) hour and time shall
include travel. to eac:h lift station. Transportation costs shall
include vehicle rental, small tools and other normal items used
in the performance of maintenance tasks.
4. Non-em.Mancv, routine maintenance exceedina Sl.OOO ner
incident shall he directlY retarrad to the District Maintenance
Su'Oerintendent bv the city Director of Public Works for accroval
in an exoeditious manner mutuallY acce'Otable to both. The
District reserves the riaht to cerform said maintenance.
5. The City will contract for any major repairs or
rep~acement parts subiect to District ac'Oroval. for oroiects
similar to those contracted out bv the City for its lift
stations. U'Con accroval. such costs sha~l be billed directly to
the District by the vendor and paid directly to the vendor by the
District.
6. The City shall cerform all emeraencv maintenance
without crior ac'Croval of the District: however. the District
should be notified as soon as cossible.
7. Costs for electricity, water and telephone shall be
billed directly to District by each utility company and paid
directly by District.
a. A detailed accountina of recair 'Carts and materials
required to 'Cerform lift station maintenance shall be included in
the quarterlv billina.
9. District shall deposit with City the sum of Two
Thousand Dollars ($2,000) against which City shall draw during
the billinq periOd and City shall submit a detailed statement of
costs of maintenance and operation for reimbursement by District
at the end of each quarter year subsequent to the effective date
of this agreement.
10. District shall pay normal sewer service charges to
City for each use served by the system of sewer mains operated
and maintained by City. Those normal sewer se~ice charges shall
be as provided in Section 3.20.020 of the chula'vista Municipal
Code_co,."
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1.1.: City shall operate and maintain the sewage IHt
stations and sewer mains within District territory, between "G"
and '"J'" stre.ts, in the same lIUUU1er as a1.1. other such facUities
within City jurisdiction except that Port District shall pay all
energy costs for said sewage lift stations directly to San Dieqo
Gas and E1.ectrici ty C01IIpany.
12. 'l'he City shall perform maintenance work on the sewers
for Bayside Park within the tidelands properties of the District
only on a time and material basis upon District's',written request
for said services. '
13. 'l'he facilities covered by this agreement may be added
to or deleted from at any time by mutual consent of the parties
hereto. Said mutual consent shall be evidenced by written
statement of the governing bodies of said parties.
14. Bills of sale and easements for all of the facilities
covered by this agreement have been offered to City by District
and accepted by City except for Bayside Park. These easements
are valid for a stated periOd of 50 years unless relinquished as
provided in those documents. Should such relinquishment occur,
ownership of all the facilities covered'at that time by this
agreement shall revert to District and upon payment of any
outstanding charges for operation and maintenance, this agreement
shall be voided.
15. It is understood and agreed that city, or any officer
or employee thereof, shall not be liable for any injury to person
or property occasioned by reason of the acts or omissions of
District, its agents or employees, in the performance of this
agreement. District further agrees to protect and hold harmless
City, its officers and employees from any and all claims,
demands, causes of action, omissions of District, its agents or
employees, in the performance of this agreement. Said
indemnification and agreement to hold harmless shall extend to
damages or taking of property reSUlting from the construction and
reoair of said sewage pump stations and shall not constitute the
assumption by City of any responsibility for such damage or
taking. It is further understood and agreed that District shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of city, its agents or employees,
in the performance of this agreement. City f~her agrees to
protect and hold harmless District, its officers and employees,
from c~y and all claims, demands, causes of action, omissions of
Distric.t, its agents or employees in the'performance of this
agreement.
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agreement
award the
In the event tha.t any suit is ~rouqht upon this
~y either party, the court shall have discretion to
prevail.inq party rea.so~le attorney I stees.
1.7. This agre_ent shall ~e made retroa.ctive to JUly 1.,
1.992 to cover all. the operations and maintenance costs billed to
the district ~ut not paid to the City ~ecause of the expiration
ot the agreement ot May 3, 1988.
1.8. The term of this agreement shaLl. ~e tr.om Julv 1. 1992,
to and includinq June 30. 1995, provided, however; said term may
be extended upon mutual agreement between the City' Manager of
City and Port Director of Port, and further provided that either
said City Manager or Port Director may terminate this agreement
at any time upon the giving of at least ninety (90) days prior
notice in writing to the other party.
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IN WJ:'rNl!:SS WIfEREOF I the parties hereto have caused this
agreement to ~e executed ~~e day and year tirst hereinabove set
forth.
CITY OF CHULA VISTA
SAN DIEGO UNIFIED
PORT DISTRICT
-S ) ~4-^-
Mayor of the City of Chula Vista
'. "-
ATTEST :~.
Assistant Port Director
City Attorney
Port District Attorney
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City of Chula Vista
-Wastewater
Collection
System
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COUNCIL AGENDA STATEMENT
Item /7
Meeting Date 7/25/95
ITEM TITLE: "Resolution 17979 Accepting bids and Awarding Contract for
"Construction of Alley Improvements from J Street to Kearney Street
between Elm Avenue and Second Avenue in the City of Chula Vista,
California (STL-220)"
B. Resolution I'} 9 [tel Approving the deferral of the payment of
assessments, establishing the criteria to qualify for deferral, and
authorizing the Mayor to sign the deferral agreements for Assessment
District No. 93-01
SUBMITTED BY:
REVIEWED BY: City Manage~ (4/5ths Vote: Yes_No..X,J
At 2:00 p.m. on June 14, 1995, in conf~en;Room 3 in the Public Services Building, the
Director of Public Works received bids for "Construction of Alley Improvements from J Street
to Kearney Street between Elm Avenue and Second Avenue in the City of Chula Vista,
California (STL-220)." The project involves the installation PCC alley paving, PCC alley
approach, sidewalk ramps, asphalt concrete paving, excavation and grading, preservation of
property, and other miscellaneous work shown on the plans.
The proposed improvements are being financed through the formation of Assessment District
No. 93-01 (AD 93-01). At the public hearing held on May 25, 1995, Council directed staff
to bring to Council a resolution allowing the property owners to defer the payment of their
assessments.
RECOMMENDATION: That Council:
I) Approve the resolution accepting bids and awarding contract for "Construction
of Alley Improvements from J Street to Kearney Street between Elm Avenue
and Second Avenue in the City of Chula Vista, California (STL-220)" to Fox
Construction, San Diego, in the amount of $53,108.
2) Approve the resolution allowing property owners to defer payment of their
assessments and establishing the criteria to qualify for deferral in
AssessmentDistrict No. 93-01.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
/7-/
Page 2, Item / 1
Meeting Date 7/25/95
Funds for this project are included in the budget. At the May 16, 1995 Council meeting, a
public hearing was held on a Resolution ofIntention to form Assessment District 93-01 for an
improvement of the alley between J Street and Kearney Street between Elm Avenue and
Second Avenue. The Council at that meeting approved the Resolution of Intention, Resolution
17894 (Exhibit A). There was a concern at the meeting that the project cost would exceed the
budgeted amount of $72,000 authorized by the resolution. However, the City received
excellent bids and the low bid of $53,108 was well below the $72,000 authorized in the
resolution. Therefore, individual assessments to the various property owners will be lower than
those presented at that Council meeting. The new assessments are presented in Exhibit C.
Bids for this project were received from eight contractors as follows:
Contractor Bid Amount
1. Fox Construction - San Diego $53,108.00
2. Marquez Constructors, Inc. - Spring Valley 59,430.50
3. Basile Construction, Inc. - San Diego 66,915.50
4. Carolyn E. Scheidle - Contractor - La Mesa 69,436.00
5. Frank & Son Paving, Inc. - Chula Vista 72,512.05
6. Interwest Pacific, LTD. - San Diego 73,127.60
7. Hammer Construction Company - Chula Vista 73,414.80
8. Ortiz Corporation - Chula Vista 77,365.00
The low bid by Fox Construction - San Diego is below the Engineer's Estimate of $77,150 by
$24,042 or 31.2%. Staff received an excellent bid for the proposed work. Staff has reviewed
the low bidders qualifications and references to do the work and found them to be satisfactory.
We, therefore, recommend that the contract be awarded to Fox Construction.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit B).
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined the project is a Class I exemption under Section 15301 from California
Environmental Quality Act requirements.
Prevailing Wage Statement
The source of funding for this project is general funds. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for the work under this
contract. No special minority or women business owned requirements were necessary as part
of the bid documents. Disadvantaged businesses were encouraged to bid through the sending
of the Notice of Contractors to various minority trade publications.
Financial Statement
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Page 3, Item / 7
Meeting Date 7/25/95
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $53,108.00
B. Contingencies (approximately 10%) 5,392.00
Total Funds Required for Construction $58,500.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Alley Improvements - J To Kearney STL-220 $58,500.00
Total Funds Available for Construction $58,500.00
Assessment District No. 93-01 Proceedings
The proposed improvements are being financed through the formation of AD 93-01 pursuant
to the 1911 Block Act. The Act is a financing mechanism which authorizes local agencies to
impose assessments on benefited property to fund the construction of public improvements.
The property owners have the option of paying the total assessment during the 30-day pay-off
period following the confirmation of assessments, planned for the end of 1995. If the
assessment is not paid at that time, the City shall collect the unpaid balance in semiannual
installments in conjunction with the collection of City taxes. In accordance with the Resolution
of Intention, the balance shall be paid over a period of ten (10) years at an interest of 7% per
annum (this payment option is identified as Alternative 1 in Exhibit C)
In response to property owners concerns, Council directed staff to identify additional
alternatives that may allow the deferral of the payment of the assessments and lessen the
financial impact of the proposed assessments. According to the provisions of Chapter 13 of
the "Improvement Act of 1911" of the Streets and Highways Code of the State of California
any deferral of assessments shall be approved by a Council Resolution. Staff recommends that
the following alternatives be approved by Council:
*
Semi-annual payments (interest only) and payment of the principal at the end of a 10-
year term or at the time the property is transferred, whichever occurs first. At the end
of the 10 years Council may grant, on a case-by-case basis, a time extension to fulfill
the payment obligations.
*
One payment (principal and accumulated interest) at the end of a IO-year term or at the
time the property is transferred, whichever occurs first. At the end of the 10 years
Council may grant, on a case-by-case basis, a time extension to fulfill the payment
obligations.
Exhibit C presents the estimated payment schedules for these alternatives.
/7.)
II
Page 4, Item / 7
Meeting Date 7/25/95
Staff also recommends that Council require that property owners shall meet one of the
following criteria to qualify for deferral:
1. Have an income less than or equal to the HUD Low Moderate Income standards as
contained in the City's Master Fee Schedule (Exhibit D).
2. A demonstrated financial hardship approved by Council. (For example, a senior citizen,
retired, and unable to pay the assessment.)
Qualifying property owners that elect a deferred payment shall enter into a deferral agreement
with the City upon confirmation of assessments.
All sixteen property owners within the district were notified by mail of the proposed deferral
options and qualifying criteria and were invited to attend a meeting on July 6, 1995 to discuss
these payment options. Only four owners attended the meeting or contacted staff regarding this
matter. Three property owners expressed that they will not pursue a deferral and most
probably will prepay the assessments during the 30-day pay-off period following the
confirmation of the assessments. Ms. Susie Huggings of 717 Second Avenue expressed again
her opposition to the district. At the meeting she expressed the same concerns mentioned in
her letter of protest submitted at the public hearing held on May, 1995, about increased security
risk, pollution/noise, and undue financial hardship (Exhibit E). Staff tried to explain to her the
payment deferral alternatives, but she did not change her opposition to the district formation.
FISCAL IMPACT:
The City will finance the construction of the improvements ($58,500) and will be reimbursed
by the property owners over a period of ten (10) years. The estimated cost for design,
inspection and district formation ($24,000) will be absorbed by the City. Funds are available
in STL-220 to cover the construction cost.
Construction of this project will improve an existing dirt alley with PCC pavement, thereby
eliminating the need for the City maintenance personnel to occasionally grade the alley.
Overall City maintenance on this particular alley will be reduced by the improvements being
installed.
Attachment
Exhibit A - Copy of Resolution 17894 and Agenda Statement
Exhibit B . Contractors Disclosure Statement
Exhibit C - Payment Schedules
Exhibit D - HUD Low Moderate Income Standards
Exhibit E - Letter of Protest from Ms. Huggins
m:\home\engineer\agenda\alley.slh
SLH:STL-220
/7- f
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~~I-tI~iT "A"
RESOLUTION NO. 17894
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO
CHAPTER 27 OF THE "IMPROVEMENT ACT OF 19" "
REGARDING THE FORMATION OF ASSESSMENT DISTRICT 93-
01
NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY FIND. DETERMINE. ORDER AND RESOLVE AS FOLLOWS:
SECTION 1. Findinos:
The City Council does hereby find as follows:
A. The City Council of the City of Chula Vista, California. has instituted
proceedings pursuant to the provisions of Chapter 27 of the
"Improvement Act of 1911 being Division 7 of the Streets and Highway
Code of the State of California for the construction of certain authorized
improvements in a special assessment district known and designated as
Assessment District No. 93-01.
B. Notice has been given in the manner and form as required by law and
specifically Article II, Part 3, of Division 7 of the Streets and Highway
Code. and a Certificate of Compliance is on file in the office of the City
Clerk.
C. A public hearing has been held and all testimony and evidence heard
relating to the work of improvement as proposed for the Assessment
District, and the legislative body is desirous at this time to proceed.
SECTION 2. That all protests of every nature are hereby overruled and denied.
SECTION 3. The Superintendent of Streets is hereby directed to proceed and cause the
construction of the works and improvement in said Assessment District if said
construction is not commenced within sixty (60) days after notice is given to
the property owner (by 5/27/95) to so cause the work to be done.
SECTION 4. That the works of improvement shall be done and carried through and financed
pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911",
and for all particulars as to these proceedings, reference is made to the
Resolution ordering the installation of the public improvements and instructing
the Superintendent of Streets to give notice.
17-5
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Resolution No. 17894
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of May, 1995, by the following vote:
YES: Councilmembers:
Alevy, Moot, Padilla, Rindone, Horton
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
None
Shirley Horton, Mayor
ATTEST:
Vicki C. Soderquist, Deputy City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
t, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Resolution No. 17894 was duly passed, approved, and adopted by
the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of
May, 1995.
Executed this 16th day of May, 1995.
Vicki C. Soderquist, Deptlty City Clerk
/7--~
COUNCIL AGENDA STATEMENT
Item!2
Meeting Date 5/16/95
ITEM TITLE: Public Hearing on the Resolution of Intention to form Assessment District 93-
01 pursuant to the Improvement Act of 1911
Resolution , 1 i q4 Making fmdings at public hearing pursuant to
Chapter 27 of the "Improvement Act of 1911"
SUBMITTED BY: Director of Public Works ~
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_NolO
On March.28, 1995, Council adopted Resolution No. 17849 approving the boundary map for AD
93-01. At the same meeting, Council also approved Resolution of Intention No. 17850 (see
Attachment A) ordering the installation of alley improvements from J Street to Kearney Streets
between Elm Avenue and Second A venue pursuant to the Improvement Act of 1911 (also known as
the 1911 Block Act) and setting public hearings for May 9 and 16, 1995. The public hearings are
being held to receive public testimony on the proposed district improvements. The first public
hearing was held on May 9. Three property owners spoke at the hearing in favor of the district
formation and one f1!ed a formal written protest opposing the district. Council then closed the
hearing and directed staff to bring back to Council a report on fmancing alternatives for the 17
parcels in the district.
RECOMMENDATION: That Council:
1) Hold the public hearing;
2) Receive testimony;
3) Close the public hearing;
4) Approve the resolution making findings at public hearing pursuant to Chapter 27 of the
Improvement Act of 1911; and
5) Direct staff to bring to Council a resolution allowing property owners to defer payment
of their assessments and establishing the criteria that property owners must meet to qualify
for deferral. .
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On November 23, 1993 the City council accepted a petition signed by the majority of the affected
property owners to form a special assessment district (1911 Block Act) for the construction of the
alley improvements between Elm and Second Avenues from J to Kearney Streets. The Act is a
fmancing mechanism which authorizes local agencies to impose assessments on benefited property
to fmance the construction of public infrastructure facilities. In the past, the City has normally used
the 1911 Block Act to fmance the installation of public improvements along developed residential
lots. The public improvements proposed to be financed through Assessment District (AD) 93-01
include pavement, speed humps, pedestrian ramps and miscellaneous appurtenant structures.
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Page 2, Item .,
Meeting Date 5/16/95
Completion of the improvements is projected for the end of 1995.
All owners of property within the proposed assessment district (see Attachment B) have been mailed
notice of the public hearings including the estimated assessment to their properties. The boundary
map of AD 93-01 was f1led in the County Recorder's Office on April 4, 1995. Also, as required
by the Act, the Resolution of Intention was published twice in a newspaper.
In compliance with the Act, each property owner within the proposed district was notified to
construct the public improvements fronting/abutting their property. The notice also indicated that
if said construction is not commenced within sixty (60) days after the notice is given, the City shall
proceed with the construction of the improvements and the cost of said construction shall then be
assessed as a lien on the property. As of May 9, 1995, none of the property owners has applied for
a construction permit to install the improvements. If the assessment is not paid upon confirmation,
the City shall collect the unpaid balance of any assessment semiannually in conjunction with the
collection of City taxes. In accordance with the Resolution of Intention the balance shall be paid
over a period of ten (10) years at an interest rate of 7 % per annum.
All sixteen owners of property within the district were invited to attend a meeting on February 16,
1995 at which details of the project were discussed. Only six owners attended the meeting. Those
property owners who were unable to attend the meeting were informed on March 13, 1995 by
registered mail on the status of the project. The major concerns brought up by the owners during
the meeting were: 1) paving material cost (cement vs. asphalt); and 2) need and location of the speed
humps.
As of May 9, 1995, only one property owner, Ms. Susie Huggings of717 Second Avenue, has f1led
a formal written protest to the district formation (see Attachment C). In addition to a potential
increase in security risks and pollution/noise arising from the paving of the alley, Ms. Huggings
states in her letter that the imposition of the assessment will cause an undue financial hardship. Staff
has identified financing alternatives (Attachment D) that might lessen the financial impact of the
proposed assessments. These payment alternatives are:
1. Semi-annual payments (principal & interest) over a period of ten (10) years. This is the
payment schedule established by the Resolution of Intention.
2. Semi-annual payments (interest only) and payment of the principal at the end of a 100year
term or at the time the property is transferred, whichever occurs first. At the end of the 10
years Council may grant, on a case-by-case basis, a time extension to fulfill the payment
obligations.
3. One payment (principal and accumulated interest) at the end of a 100year term or at the time
the property is transferred, whichever occurs first. At the end of the 10 years Council may
grant, on a case-by-case basis,a time extension to fulfill the payment obligations.
In accordance with the 1911 Block Act, any deferred payment scheme (alternatives 2&3) shall be
approved by a City Council resolution. Council shall also determine the criteria that property owners
must meet to qualify for deferral. It is recommended that the owners qualifying for deferral meet
one of the following criteria:
/?~y
c.
Page 3, Item '7
Meeting Date 5/16/95
1. Have an income less than or equal to the HUD Low Moderate Income standards as contained
in the City's Master Fee Schedule (Attachment E).
2. A demonstrated fmancial hardship approved by Council. (For example, a senior citizen,
retired, and unable to pay the assessment.)
Staff proposes to bring to Council the resolution allowing the property owners to defer the payment
of their assessment and setting the above criteria as the criteria to qualify for deferral in conjunction
with the award of the construction contract (by mid-July 1995). In the meantime, staff will meet
with the property owners to explain in detail the payment options and receive their input. Qualifying
property owners that elect a deferred payment must then enter into a deferral agreement with the
City.
Estimated Assessments
The estimated assessments provided to the property owners were based on a project cost estimate of
$96,000. The City will finance the construction of the improvements originally estimated at $72,000
and will be reimbursed by the property owners to the City through the formation of AD 93-01 and
the collection of assessment installments with their property taxes. Design, inspection and district
formation costs estimated at $24,000 will not be reimbursed and will ~ absorbed by the City in
accordance with Council Policy 505-1 (Attachment F), though it does not'specifically apply to alley
improvements. The original total assessment amount of $72,000 was spread based on the amount of
frontage on the alley. Individual assessments based on this estimate range from $3,403 to $7093 (see
Attachment G).
At the time of approval of the Resolution of Intention (March 28, 1995), the construction cost
estimate was $72,000. Later, this estimate was revised to $77,150 to include the installation of the
speed humps requested by the property owners. Staff considers that this cost estimate is conservative
and expect to receive bids closer to the original cost estimate. Tonight's action by the City Council
is not binding on the property owners in the event the bids come in higher than $72,000. :After the
bids are opened the project comes back to Council for award, the actions will include notice to the
property owners of a public hearing with an opportUnity to review any assessment increase. At that
time the property owners may request the Council to stop the district proceedings because of the cost
increase.
Resolutions
Tonight's action will continue the proceedings for the formation of AD 90-03 pursuant to the 1911
Block Act. By approving the proposed resolution Council will make the following fIDdings:
1. The City Council of the City of Chula Vista, California, has instituted proceedings pursuant
to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division 7 of the
Streets and Highway Code of the State of California for the construction of certain authorized
improvements in a special assessment district known and designated as Assessment District
No. 93-01 (AD No. 90-03)
2. Notice has been given in the manner and form as required by law and specifically Article II,
Part 3, of Division 7 of the Streets and Highway Code, and a Certificate of Compliance is
on file in the office of the City Clerk (Attachment H).
J7~7
:r
~.
Page 4, Item ,..,
. Meeting Date 5/]6/95
3. A public hearing has been held and all testimony and evidence heard relating to the work of
improvement as proposed for the Assessment District, and the legislative body is desirous
at this time to proceed.
4. All protests of every nature are hereby overruled and denied.
5. The Superintendent of Streets is hereby directed to proceed and cause the construction of
the works and improvement in said Assessment District if said construction is not commenced
with sixty (60) days after notice is given to the property owner (by 5/27/95) cause the work
to be done.
6. The works of the improvement shall be done and carried through and financed pursuant to
the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as to
these proceedings, reference is made to the Resolution ordering the installation of the public
improvements and instructing the Superintendent of Streets to give notice.
7. The works of improvement and project shall be financed pursuant to the provisions of said
Chapter 27, and the City shall collect each assessment remaining unpaid following the
expiration of a 30 day cash collection period. Said balance shall be payable over a period
of 10 years at an interest rate of 7 % per annum. The City shall collect the unpaid balance
of any assessment on the district properties semi-annually in conjunction with collection of
City taxes, excepting those properties for which a payment deferral has been approved. The
collection of assessments on these properties shall be in accordance with the payment
schedule stipulated in their deferral agreement.
Future Actions
Bid results and award of the construction contract would be submitted to Council by mid-July 1995.
This item will include a public hearing where the property owners can review their assessments based
on bids and, if they so desire, request Council to stop the district proceedings. Pursuant to the 1911
Block Act, confirmation of the assessments will be brought before Council after the improvements
are constructed (by the end of 1995).
FISCAL IMPACT: The City will fmance the construction of the improvements ($72,000) and will
be reimbursed by the property owners over a period of ten (10) years. The estimated cost for
design, inspection and district formation cost ($24,000) will be absorbed by the City. Funds are
available in STL-220 to cover the construction cost. Additional funds are included in the proposed
FY 95/96 CIP budget to cover possible shortages in funding should the bids come in closer to the
current estimate. This type of assessment district does not fall within the guidelines of Policy 505-02
for payment for an origination charge because it is not a developer initiated district. Assessment
districts formed for the benefit of existing residential properties are exempt from the ])olicy.
Attachments:
A.
B.
c.
D.
E.
F.
G.
H.
Resolution No. 17850
Boundary Map
Protest Lottor from Ms. Huggings
Financing Alternatives
HUD Low MocIorate Income Standards
Council Policy 50S-I
Estimated Assessments
Notice Requirements LDT:AY.{)91
M:\bome\onginoor\agelUla\pubhrg3.jer
J7'-/~
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5.
6.
Dale:
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You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions,
on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official
bodies. The following information must be disclosed:
I. Ust the names of all persons having a financial interest in the propeny which is the subject of the application or the Contract
, e.g.. owner. applicant. Contractor. subcontrdctor. material supplier.
f?-b5f:.tJ.-r- L. FDX
2.
If any person" idenl~fied pursuant to (I) above is a corpordtion or pannership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any pannership interest in the pannership.
3.
If any person" identified pursuant to (1) above is non-profit organization or a trUSt. list the names of any person serving as
director of the non-profit organization or as trUStee or beneficiary or trUStor of the trUSt.
4.
Have you bad more than $250 wonh of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes _ No Jf.lf yes, please indicate person(s):
Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City in this matter.
~/t-'^-r
Have you and/or your officers or agents, in ~ aggregate, contributed more than $1 ,000 to a Council member in the current
or preceding election period? Yes _ No A If yes, state which Council members(s):
(gIN! 't?
· · · (NOTE: Attached additional pales as~;;; */ ~
Signanul of Contractor! Applicant
g,,06t: ~r /..... Fe ~
Print or type name of Contractor! Applicant
" &lJJm. is defined as: "Any individual, firm. co-partnership, joint venture, association, social club, fraternal organiwtion,
corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipaUty, district, or other poUtical
subdivision, or any other group or combination acting as a unit. ) 7 ' / I
15
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BUD LOW MODERATE INCOME STANDARDS
Plus $1,000 annual income allowed for each additional person in the household in
excess of eight.
No. in Household Maximum Annual Family Inoome (GrollS
for Elieibility
1 $15,350
2 17,550
3 19,750
. 21,950
5 23,700
6 2M50
7 27,200
8 28,950
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WPC:F:\HOME\OEJVJJlY\ 116.12
J 7' J J
E'K 1-+/131 TE
May 8, 1995
The City Council
city of Chula Vilta, Calitornia
Council Chambers, City Hall
Chula Vista, CA 91910
Assessment District "0. 93-01 (Alley ImproYe~ents),
pro teat to
I am an 83 year widow who liyes alone at 717 Second ATenue in
Chula Vista. I haT' a large back yard, the back border of which
would abut the alley in question it it w.re built. I Itren~ou.ly
oppole and rigorou.ly prote.t the fo~ation ot A.....~ent Di.trict
No. 9;-01 tor the tollowing re..one,
Subject,
a. Such an alley would open the area to unauthori&ed and illegal
aliens. the homeless, unwanted drifters, and the like and put
me unnecessarily in danger and at physical rilk.
b. Where now there i. only priyate property and peace and quiet,
the public alley would generate noile from passing care and truck.,
barking dogs, possible street gang incidentl, etc thereby causing
anxiety and undue mental atrees upon .e and others.
c. An alley would proYide easy acceas to my property and personal
furnishings in my back yard encouraging and actyally inTiting
theft.
d. I am on a small fized income and an assessment of OTer $)000
would decr.ase my monthly income and meager .aYings to a critical
point that could result in the lOBI ot ay propertJ.
e. My husband built this hOlle tor me many yeare ago and I would
like to continue liTing here until I die. Creation at a .back
alley. would. I beli'Te, cau.e me 10 aueh anxiety that I would
ha", to lIo"e.
In addition to the abo"e, I do not belieye that an alley would
serTe any useful purpose to the people who liye there or to the
public in general.
Sincerely. ~
L~ '0. ~:.~
SUlle H\lggina
717 Second Aye..
Chula Vilta, CA 91910
(t>19) "22-46)0
J7r)Y
RESOLUTION NO. /797'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR "CONSTRUCTION OF ALLEY
IMPROVEMENTS FROM J STREET TO KEARNEY STREET
BETWEEN ELM AVENUE AND SECOND AVENUE IN THE
CITY OF CHULA VISTA, CALIFORNIA (STL-220)"
WHEREAS, at 2:00 p.m. on June 14, 1995, in Conference
Room 3 in the Public Services Building, the Director of Public
Works received the following eight bids for "Construction of Alley
Improvements from J Street to Kearney Street between Elm Avenue and
Second Avenue in the city of Chula Vista, California (STL-220)":
Contractor Bid Amount
1. Fox Construction - San Diego $53,108.00
2 . Marquez Constructors, Inc. - Spring Valley 59,430.50
3. Basile Construction, Inc. - San Diego 66,915.50
4. Carolyn E. Scheid1e - Contractor - La Mesa 69,436.00
5. Frank & Son Paving, Inc. - Chula Vista 72,512.05
6. Interwest Pacific, LTD. - San Diego 73,127.60
7. Hammer Construction Company - Chu1a Vista 73,414.80
8. Ortiz Corporation - Chula Vista 77,365.00
WHEREAS, the low bid by Fox Construction - San Diego is
below the Engineer's Estimate of $77,150 by $24,042 or 31.2% and
staff has reviewed the low bidder's qualifications and references
to do the work and found them to be satisfactory and recommends
that the contract be awarded to Fox Construction; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined the
project is a Class I exemption under section 15301 from California
Environmental Quality Act requirements; and
general
required
the work
WHEREAS, the source of funding for this project is
funds and contractors bidding this project were not
to pay prevailing wages to persons employed by them for
under this contract; and
WHEREAS, no special minority or women business owned
requirements were necessary as part of the bid documents, however,
disadvantaged businesses were encouraged to bid through the sending
of the Notice of Contractors to various minority trade
publications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
/7/l~1
i
"
section 1. That the City Council concurs in the
determination that this project is categorically exempt under Class
1, section 15301 of the California Environmental Quality Act, and
directs the Environmental Review Coordinator to file, or ratifies
the filing of, a notice of exemption for this project.
section 2. That the City Council does hereby accept the
bid of Fox Construction as responsive.
section 3. The City Council awards the contract for "The
Construction of Alley Improvements from J Street to Kearney Street
between Elm Avenue and Second Avenue in the city of Chula vista"
to Fox Construction in the amount of $53,108.00, the lowest
responsible bidder which submitted a responsive bid to the approved
specifications.
section 4. The Mayor of the City of Chula vista is
hereby authorized and directed to execute said contract for and on
behalf of the city of Chula vista.
John P. Lippitt, Director of
Public Works
~
Presented by
C:\rs\alley.jst
1?--9'~
{,
!
RESOLUTION NO.
I 7 ? g-tl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEFERRAL OF THE
PAYMENT OF ASSESSMENTS, ESTABLISHING THE
CRITERIA TO QUALIFY FOR DEFERRAL, AND
AUTHORIZING THE MAYOR TO SIGN THE DEFERRAL
AGREEMENTS FOR ASSESSMENT DISTRICT NO. 93-01
WHEREAS, the proposed improvements for the construction
of alley improvements from J Street to Kearney Street between Elm
Avenue and Second Avenue are being financed through the formation
of Assessment District No. 93-01 (AD 93-01) pursuant to the 1911
Block Act; and
WHEREAS, the Act is a financing mechanism which
authorizes local agencies to impose assessments on benefited
property to fund the construction of public improvements; and
WHEREAS, at a public hearing held on May 25, 1995,
council directed staff to bring to Council a resolution allowing
the property owners to defer the payment of their assessments; and
WHEREAS, the property owners have the option of paying
the total assessment during the 30-day pay-off period fOllowing the
confirmation of assessments, planned for the end of 1995; and
WHEREAS, if the assessment is not paid at that time, the
city shall collect the unpaid balance in semiannual installments in
conjunction with the collection of City taxes and in accordance
with the Resolution of Intention, the balance shall be paid over a
period of ten (10) years at an interest of 7% per annum; and
WHEREAS, in response to property owners concerns, Council
directed staff to identify additional alternatives that may allow
the deferral of the payment of the assessments and lessen the
financial impact of the proposed assessments; and
WHEREAS, according to the provisions of Chapter 13 of the
"Improvement Act of 1911" of the Streets and Highways Code of the
State of California any deferral of assessments shall be approved
by a council Resolution; and
WHEREAS, staff recommends that the following alternatives
be approved by council:
* Semi-annual payments (interest only) and payment of the
principal at the end of a 10-year term or at the time the
property is transferred, whichever occurs first. At the end of
the 10 years council may grant, on a case-by-case basis, a
time extension to fulfill the payment obligations.
/78"'1
/
* One payment (principal and accumulated interest) at the end of
a 10-year term or at the time the property is transferred,
whichever occurs first. At the end of the 10 years Council may
grant, on a case-by-case basis, a time extension to fulfill
the payment obligations.
WHEREAS, staff also recommends
property owners shall meet one of
("Criteria") to qualify for deferral:
that Council require that
the following criteria
1. Have an income less than or equal to the HUD Very Low Income
standards as contained in the city's Master Fee Schedule.
2. A demonstrated financial hardship approved by Council. (For
example, a senior citizen, retired, and unable to pay the
assessment. )
WHEREAS, qualifying property owners that elect a deferred
payment plan shall enter into a deferral agreement with the city
upon confirmation of assessments.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the criteria for granting
a deferral of the payment of assessments, and authorizing the Mayor
or city Manager in his/her discretion, to sign the deferral
agreements for Assessment District No. 93-01 upon application and
proof of satisfaction of the required criteria.
John P. Lippitt, Director of
Public Works
as to
~
Presented by
C:\rs\alley.jst
/7tJ'.2..
COUNCIL AGENDA STATEMENT
Item I fi'
Meeting Date 7/25/95
ITEM TITLE: Resolution J 79 if I Increasing the authorization limit from
$320,000 to $400,000 in the original agreement for material testing
services between the City of Chula Vista and Law/Crandall, Inc.
SUBMITTED BY: Director of Public wor.kk~s ~
REVIEWED BY: City Manage~ ~~ (4/5ths Vote: Yes_NoX)
On August 4, 1992, the City Council by Resolution 16741 approved an agreement for material
testing services between the City of Chula Vista and Law/Crandall, Inc. Compensation to the
consultant, Law/Crandall, Inc. for services is based upon an hourly rate arrangement. The
original agreement contained a $150,000 limitation without further authorization on time and
materials. The authorization limit was increased to $320,000 by Council Resolution 17434 on
March 22, 1994. The $320,000 limitation is being approached. Staff is requesting and
recommending that the $320,000 "Authorization Limit" be increased so as to provide continued
material testing services by Law/Crandall, Inc. for four major projects currently in construction.
RECOMMENDATION: That Council approve a second amendment to the agreement which
increases the "Authorization Limit" from $320,000 to $400,000.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Associated with the construction of public infrastructure such as sidewalks, streets, sewers,
storm drains, concrete structures, parking lots, etc. there is the need to test materials which are
used for the construction of these facilities to assure that the construction complies with the
City's specifications. Law/Crandall, Inc. has been providing material testing services to the City
since August 1992.
As of July 6, 1995, the City has paid Law/Crandall, Inc. a total of $283,667.02. This cost
represents the cost of materials testing on the design and/or construction of 32 separate projects
which includes 29 CIP projects, 2 subdivisions and 1 construction permit. Several major
projects are listed below which show material testing costs to date. A copy of all payments to
Law/Crandall, Inc. is submitted as Exhibit A for Council's information.
/8'-/
If'
Parking Lot - Church Avenue
Broadway I to L Street
Otay Valley Road, Phase I
Broadway - Naples to Anita Street
Main Street Industrial to Broadway
G Street Sewer
Central Basin Drainage
Pavement Overlay FY 94
Telegraph Canyon Road/Otay Lakes Road,
Phase III
East H Street Reconstruction
Fifth Avenue, Naples to Orange
Broadway, F to I
Broadway, L to Naples
Main Street, Industrial to 1-5
Fourth Avenue, Kittiwake to Del Rey High School
Fourth Avenue and Orange Avenue
Quintard Street Sewer
Industrial Avenue Sewer
15 Minor Projects
Page 2, Item / ~
Meeting Date 7/25/95
$2,930.50
20,474.05
64,836.00
5,302.50
3,478.00
1,844.50
4,540.50
11,061.00
37,945.00
14,706.00
12,991.00
21,370.00
37,794.25
5,355.49
7,655.50
8,130.11
3,015.50
8.824.62
$272,254.52
11.412.50
$283,667.02
We still have additional billings coming from Law Crandall, Inc. for services provided on the
Broadway I to L Street, Otay Valley Road Phase I, Otay Valley Road Phase II & III, and FY
95 Pavement Overlay projects. All costs of services provided by Law/Crandall, Inc. are paid
from budgeted CIP projects and developer deposits.
We currently have CIP projects in the stages of design, construction or those which will soon
go to construction. These projects also require material testing services. The estimated cost of
material testing for projects requiring material testing services until their completion around
March 31, 1996 are listed below:
Main Street - Industrial to Broadway Design
Broadway - Naples to Anita Street Design
Otay Valley Road Phase I, Construction
Otay Valley Road Phase II & III, Construction
Broadway I to L, Construction
FY 94-95 Pavement Overlay Program, Construction
Miscellaneous Projects, Design, Construction
J 8'" r ;z..
$5,000
5,000
12,000
50,000
9,000
11 ,000
24.333
$116,333
/~
Page 3, Item J $'.
Meeting Date 7/25/95
Adding the expenditure to date of $283,667 for materials testing to the estimated cost of
$116,333 for materials testing until March 31, 1996 totals $400,000.
The City's agreement with Law/Crandall, Inc. (Exhibit B) establishes compensation on an hourly
rate arrangement as stipulated in Exhibit B. Paragraph I1.C.(2) of Exhibit A of the agreement
has a $150,000 limitation ("authorization limit"), which was increased to $320,000 by the City
Council on March 22, 1994, by Resolution 17434 (Exhibit D). Staff is requesting that the
authorization limit be increased to $400,000 in order to complete all projects that Law Crandell
has started.
Law/Crandall Inc.'s agreement with the City is based upon an authorization limit rather than
upon a completion date of all consultant services. The reason for this is that the design and
construction schedules of the projects drives the time duration that the consultant is needed rather
than the performance of the consultant. It is not desireable to change consultants in the middle
of a project.
The request for letters of intent for material testing services solicited from various consultants
in April 1992 required the consultants to state their intention to extend the contract on an annual
basis through FY 1994-95. It was, therefore, the intent of the City that once an agreement was
entered into with Law/Crandall, Inc. the agreement could be extended with the consent of the
City and Law/Crandall, Inc.
The estimated cost of $116,333 for additional material testing services may appear high at first
glance but is not inconsistent when considering the size and complexity of these projects nor
when you compare their estimated costs with recent actual costs for similar projects.
The estimated cost of $116,333 is for 6 major projects representing a total estimated construction
cost of $17,500,000 in addition to six minor projects requiring material testing services. The
total estimated fee is 0.7 percent of the estimated construction cost.
The atay Valley Road Project (all phases) is estimated to cost $7,300,000. This project is a
complex project which includes the establishment of a wetlands mitigation area, the removal and
recompaction of alluvial material beneath the road bed, installation of underground utilities,
modifications to the animal shelter, the widening of a bridge across the atay river, installation
of landscaping and irrigation systems, coordination with the new Auto Park, installation of water
facilities, traffic signals and street lights, drainage facilities, construction of retaining walls and
sound walls as well as construction of the sidewalk and pavement. Phase I of this project is
currently under construction and is expected to be completed by the first of September.
Construction of Phase II and III started in June of this year and is expected to be completed in
March 1996. It is essential that the City be able to provide the required materials testing
services in a timely manner so as not to cause delays to the contractor nor to the progress and
completion of the project. The remaining estimated cost for materials testing services for atay
/~~J
!l
Page 4, Item J ~
Meeting Date 7/25/95
Valley Road (all phases) is $62,000 or 77.5 percent of the $80,000 increase in the authorization
limit.
The only effect that Council action will have on the agreement between the City and
Law/Crandall, Inc. is to increase the authorized expenditure for materials testing services from
$320,000 to $400,000. All other terms of the agreement stand as approved by the Council on
August 4, 1992 including the schedule of charges as contained in Exhibit B which is included
as an attachment with this agenda statement for Council information.
City staff has received a letter from Law/Crandall, Inc. agreeing to provide material testing
services through the completion of Otay Valley Road in accordance with the current schedule
of charges as contained in Exhibit C.
Continued funding for the material testing services will be obtained from developer inspection
deposits fees and from approved Capital Improvement Program (CIP) funds. There will be no
additional expense to the City's General Fund.
Law/Crandall has been providing material testing services for a period of almost three years.
They have been closely involved in the construction of Otay Valley Road, Broadway, and the
pavement overlay projects. Staff is recommending that Law/Crandall be retained to continue
providing materials testing services for these projects to provide consistency and continuity of
test results.
Engineering staff is currently preparing to solicit letters of interest from qualified consultants for
geotechnical and materials testing services for the next two to three years starting with FY 1995-
96. Engineering staff plans to submit a new contract for City Council approval sometime in
September of this year. As in this contract, any new contract for material testing would
anticipate the consultant finishing projects which they started.
FISCAL IMPACT: This action will increase the authorized total expenditure an additional
$80,000 from $320,000 to $400,000 for this contract. However, there is no cost to the City
General fund because the charges will be paid from either developer deposits/fees or from
approved CIP accounts.
Attachments:
Exhibit A - Direct Payment Record to Law/Crandall
Exhibit B - Current Contract with Law/Crandall
Exhibit C _ Letter from Law/Crandall including schedule of charges and disclosure statement
Exhibit D - Resolution 17434
Exhibit E - Resokution 16741
KJG:KY.013
WPC F:\HOME\ENGINEER\AGENDA\1731.94
/ 8'''~
It
RESOLUTION NO.
I 79P/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE AUTHORIZATION LIMIT
FROM $320,000 TO $400,000 IN THE ORIGINAL
AGREEMENT FOR MATERIAL TESTING SERVICES
BETWEEN THE CITY OF CHULA VISTA AND
LAW/CRANDALL, INC.
WHEREAS, on August 4, 1992, the City Council by
Resolution 16741 approved an agreement for material testing
services between the City of Chula vista and Law/Crandall, Inc.
Compensation to the consultant, Law/Crandall, Inc. for services is
based upon an hourly rate arrangement; and
WHEREAS, the original agreement contained a $150,000
limitation without further authorization on time and materials; and
WHEREAS, the authorization limit was
$320,000 by Council Resolution 17434 on March 22,
$320,000 limitation is being approached; and
increased to
1994 and the
WHEREAS, staff is requesting and recommending that the
$320,000 "Authorization Limit" be increased so as to provide
continued material testing services by Law/Crandall, Inc. for four
major projects currently in construction.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby increase the authorization limit
from $320,000 to $400,000 in the original agreement for material
testing services between the City of Chula vista and Law/Crandall,
Inc.
Presented by
fJI
d, City
John P. Lippitt, Director of
Public Works
C:\rs\lawcran.1
J 8',.5
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t. ~YU-U\\- jA-
~/ff'
DEPARTMENT OF PUBLIC WORKS
VENDOR: LAW/CRANDALl., INCORPORATED
91 n Sky Park Court
San Diago, CalKomla 92123 Ralolution No.: 16741
(619) 278-3600 Copt./ Ac1Mty: 100 I 1423
FI>J( (619) 278-5300 DIRECT PAYMENT RECORD
Vendor No.: 748392
DATE PAYMENT WORK PROJECT INVOICE ACCOUNT No. AMOUNT RUNNING RUNNING
NUMBER ORDER NUMBER TOTAL TOTAL
. PROJECT CONSULTANT
11129194 78 . I>J(-I02 Broadway I '" St to ILl St. 2404545 253-253O-STI30 52,871.50 $IU15.55 $237,831.02
12105194 79 . AO-080 OIay Valley Road widening 2404547 637-6370-STl23 $4,780.50 .. $47,235.50 $242,611.52
12113194 80 , I>J(-I02 Broadway, 'I' St. to IL" St, 2404892 253-2530-STI30 $1 ,033.50 .. $17,549.05 $243,645.02
12113194 81 . AO-08O Otay Valley Road widening 2404893 637-6370-STI23 $8,497.50 $53,733.00 $250, 142.52
01/04195 82 . JO-048 Parking LotI Church Avo. 2403631 1195-9950-R0208 $958.00 $2,930.50 $251,,100.52
01/04/95 63 . 1>J(-129 Pavement Overlay - FY94 _......-. 603-6030-STL206 $4,111.00 $1 I ,081.00 $255,21 I .52
t 1 11111"10'"
02113195 84 , AO-08O Otay Valley Road widening 2405021 637-8370-STl23 $2,676.00 $56,409.00 $257,687.52
02114195 85 . AO-080 Otay Valley Road widening 2404935 837-8370-STI23 $4,190.50 .. $80,599.50 $262,078.02
02115/95 86 . ST-961 Main Stroet widening 2405118 603-8030-ST961 $410.00 $410.00 $262,488.02
./01/95 Induolrial Blvd. to Broadway
87 . AO-08O OIay Valley Road widening 2405211 637-8370-ST123 $546.00 $81,145.50 $283,034.02
03/03195 88 . SW-2DO Palm Canyon Sower 2405210 800-6008-SW2DO 5256.00 5256.00 $263,290.02
03/07194 89 . ST -961 Main Stroet widening 2405209 803-8030-ST961 $1,698.00 $2, I 08.00 $264,988.02
Industrial Blvd. to Broadway
03121195 90 . I>J(-I02 Broadway, 'I" 8t. to 'L" 8t. 2404258 253-253O-ST130 $780.50 $18,309.55 1285,748.52
ST-130
03128195 91 " ST-123 OIay Vallay Road widening 2405423 637-8370-ST123 $750.00 $81 ,885.50 $288,498.52
.o-ooc
04117195 92 . PR-I53 Sweatwater blke/jogglngl1a11 2405422 215-2150-PR153 $808.00 $808.00 $267.104.52
AS-COO
04/18195 93 . ST-I43 Broadway, Naplolto Anita 2405459 603-8030-ST143 $4,432.50 $4,432.50 $271,537.~
0511 0/95 94 " ST -123 Otay Valley Road widening 2405837 & 837-6370-STI23 $1,053.00 .. $82,948.50 $272,590.0-~
AO-oeo 2405747
08112195 95 . 1>J(-118 Fourth Avo, KittIwake Lane to _. """".. 250-250I-ST506 $4,227.00 $7,855.50 $276,817.lt-
001 Ray High School & 2403078
08/14/95 96 . EY-327 RDR SPA II, PhaN 2, Unh 3 2405991 408-4080-DE613 $558.00 $558.00 $2n,375.lt-
08119/95 97 .. ST-123 OIay Valley Road widening 2406079 637-8370-ST123 $1,887.50 .. $84,836.00 $279,262.5;
.0-000
08126195 98 . ST-130 Broadway, 'I' St. to IL' St. 2408113 253-2530-ST130 52,184.50 .. S20,474.05 $281,427.0-
AX-102 2405990
07/08195 119 . ST-143 Broadway, Naplo.to Anita 2405748 803-8030-ST143 $870.00 $5,302.50 $282,297.0-
07/08/95 100 . ST -961 Main Stroot widening 2405828 603-8030-ST961 $1,370.00 83,478.00 $283,887.0
Induolrial Blvd. to Broadway
07/07195 101 .. ST-123 Otay Valley Road widening 2408158 837-8370-ST123 $872.00 II $85,508.00 $264,339.0
102
. 103
. Payment number fgr the projct A: ~ IlWOict
Fila: A: LAWCRNDL. WK3 07 -Jul-95 Page No. 4 A.I
/%"-1
DEPARTMENT OF PUBLIC WORKS
City of Chula Vista ""'"
Engineering I Construction
VENDOR: LAW/CRANDAll., INCORPORATED
91n Sky Park Court
San Diogo, CaI~omla 92123 Raoolution No.: 16741
(619) 278-3600 Oopl/ActMly: 100/1423
FAX (619) 278-5300 DIRECT PAYMENT RECORD
Vondor No.: 748392
DATE PAYMENT WORK PROJECT INVOICE ACCOUNT No. AMOUNT RUNNING RUNNING
NUMBER ORDER NUMBER TOTAl TOTAl
. PROJECT CONSULTANT
04/19/94 52 . AX-079 Broadway, 'L' to Napl.. 2402599 &. 603-603O-ST102 $17,628.75 " $35,516.50 $182,548.22
2402n3
04/19/94 53 . AX-116 Fourth Ave, Kittiwake Lane to _. ....,.. 603-603O-ST508 $0.00 $3,428.50 $ I 82,548.22
CANCELED, .. Pmnt #95 001 Rey High School &. 2403076
04/19/94 54 . AX-069 Broadway, "F" St. to "I" St, 2402018 603-603O-ST104 $3,021.00 $21,370.00 $185,589.22
OSI06/94 55 . AX-l02 Broadway, "I' St. to "L" St, 2402981 603-603O-ST13O $5,371.50 $9,237.00 $170,940.72
05/06/94 58 t AO-06O Olay Valloy Road widening 2403106 621 -6210-ST123 $12,852.00 $12,852.00 $183,792.72
OS113/94 57 t JR-066 Rohr Park Imp. Pha.. II 2403105 6OO-6004-PR186 $543.50 $543.50 $184,338.22
OS/13/94 58 t AR-039 Central Balin Drainage 2403104 604-6040-DR116 $1,254.50 $1,254.50 $185,5110.72
OS125/94 59 . PR-152 LOI Nino. Park, Restroom 2403113 600-6003-PR152 $267.50 $267.50 $185,858.22
06106/94 60 . AO-06O Olay Valloy Road widening 2403394 &. 621 -6210-ST123 $1 I ,497.00 $24,349.00 $197,355.22
2403400
06106/94 61 . AR-039 Central Buin Drainage 2403398 604-6040-DR116 $2,098.50 $3,353.00 $199.4~
06106/94 62 . JR-066 Rohr Park Imp. Pha..1I 2403399 6OO-6004-PR186 $95.00 $638.50 $199,54,
06127/94 63 . PR-152 LOI Nlnos Park, Restroom 2403397 600-6003-PR152 $1,962.50 $2,250.00 $201,531.22
06128/94 64 . AX-079 Broadway, 'L"to Naples 24030n 603-6030-ST102 $2,2n.75 $37,794.25 $203,808.97
06129/94 85 . JO-046 Parking Lot 1 Church Ave. 2402938 995-9950-R0208 $500.00 $1,972.50 $204,308.97
07/14/94 86 . AO-06O Olay Valloy Road widening 2403568 &. 621 -6210-ST123 $6,476.50 $30,825.50 $210,785.47
2402909
07/14/94 67 . AX-102 Bre.etHey, 'I" St. to "L' St. 2403694 253-2530-ST13O $640.05 $IO,on.os $21 I ,825.52
07118/94 &8 . AX-129 Pavomont Ove~ay - FY94 2403713 603-6030-STL206 $3,471.00 $3,471.00 $215,096.52
STL-206
07122194 &8 . DR-116 Central Balin Dralnage 2403567 604-6040-DR'16 $645.00 $3,998.00 $215,741.52
06122194 70 . DR-118 Control Booin Dralnago 2403851 604-6040-DR118 $542.50 $4,540.50 $218,284.02
09109/94 71 . AX-129 Pavamont Ove~ay - FY94 2403852 603-6030-STL206 $850.00 $4,321.00 $217,134.02
STL-2OI l.NrT 211~STlGATION
09/13/94 72 . AO-06O Olay Valley Road widening 2403853 &. 637-6370-ST123 $4,118.00 " $34,943.50 $221,252.02
2404003
09/13/94 73 . AX-I02 Broadway I 'I' St. to 'l" St. 2404002 253-2530-STI3O $273.00 $10,350.05 $221,525.02
09/13/94 74 . AX-I29 Pavamont Ove~ay - FY94 2404080 603-6030-STL206 $750.00 $5,071 ,00 $222,275.02
STL-2OI
10105/94 75 . AX-129 Pavomont Ove~oy - FY94 2404236 603-6030-STL206 $1,879,00 $6,950.00 $224,154.02
BTL-2Oe UNIT 21 INVESTIGATION
10/06/94 76 . AO-06O Olay Valloy Road widening 2404240 637-6370-STI23 $7,511 ,50 " $42,455.00 $231,&85.52
1"14/94 n . AX-I 02 Broadwav, "I" St. to "l" 8t. 2404238 253-2530-ST13O $3.594.00 " $13.944.05 $235.259.52
. Payment nllmber forthepro)ect ~:Rtoti_lrwolc.
......,
File: A: LAWCRNDL. WK3 12-Jun-95 Pogo No. 3 A.~
<<PARTMENT OF PUBLIC WORKS
of Chula Vista
ngineerfnq / Construction
VENDOR: LAWICRANDALL, INCORPORATED
9177 Sky Park Court
San Diago, CalMomia 92123 Ra,oIution No.: 16741
(619) 278-3600 0Ipl.1 Activity: 100 11423
F~ (619) 278-5300 DIRECT PAYMENT RECORD
Vendor No.: 748392
DATE PAYMENT WORK PROJECT INVOICE ACCOUNT No. AMOUNT RUNNING RUNNING
NUMBER ORDER NUMBER TOTAL TOTAL
. PROJECT CONSULTANT
08/31/93 27 EY-301 Salt C..ak 2401210 408-4080-DE578 178.00 178.00 184,322.81
09/02193 28 AO-08O Wa~on Avo Dralnaga 2400481 841-8410-DR110 1370.50 11,460.50 184,883.11
09128193 29 PC-870 S. D. County Walar Authority 2401458 408-4080-DE816 1250.00 1250.00 184,843.11
10118193 30 AX-089 Broadway, 'F' St. to 'I' St. 2401861 603-6030-ST104 19,260.00 R $9,260.00 174,203.11
11 /09193 31 AX-078 8roactway,'l' St. to Naplea St. 2401720 603-603O-ST102 1602.00 1602.00 174,805.11
2400890
11/09193 32 ~-124 E.'H' SI...oon.l-805 10 001 Ray 2400917 260-2501 -STM303 14,481.00 R $14,708.00 178,296.11
12108/93 33 AX-088 Main St. wlelanlng, 1-510 V.riOUI 603-6030-ST153 14,987.48 R 15,355.48 184,283.80
Induotrial Blvd.
12108/93 34 AO-05O FMth Avo. wlelanlng, Napl.. St variouI 603-6030-STM308 111,258.50 112,891.00 185,542.10
to Orange Ave.
12108/83 35 AX-125 Fourth Avo. and Orange Avo. 2400088 & 603-6030-ST151 1763.50 12.895.61 188,305.80
.2/08/93 2400818
36 AX-127 Dual LaftTum Lanaa@ 2400781 250-2501 - TF148 1289.98 R '88,883.80
Hil~op Dr. and Eaot 'H' SI 260-2501 -TF148 188.04 1388.00
12/09/93 37 AX-116 Fourth AVI, I<htiwakl Lan. to 2402020 603-6030-ST508 It 25.00 12,651.00 '88,818.80
001 Ray High Sohool
01124194 36 AX-125 Fourth Ava. and Oranga Ava. 2402501 603-603O-ST151 11,855.00 14.850.61 188,873.80
01126194 38 AR-034 Para"al Sewer - Induotrial BI. 2401691 & 800-6008-SW202 18.824.82 R 18,824.62 1107,488.22
Anita Str.lt to Palomar Str..t 2402018
01126194 40 . JO-046 Parkin8 Lot 1 Churoh Ave. 2402475 895-895O-R0208 1340.00 1340.00 . 1 07,838.22
01128194 41 . AR-037 'G' St. oewer projaol 2401159 800-6008-SW206 1253.50 It ,844.50 "08,08'.72
01128194 42 . JR-087 HiI~op Part< Improvomanto 2402184 & 800-6004-PR175 11.148.00 $1,148.00 1108,238.72
2402474
02108194 43 . ~-118 Fourth Avo, Klttiwaka Lana 10 lM021l3,""''' 603-6030-ST508 Im.5O 13,428.50 1110,017.""
001 Ray High Sohool & 2402473
02108194 44 . AX-089 Broactway, 'F' St. to 'I' St. 240'''',240'217 603-6030-ST104 $9,089.00 R 118.348.00 "'8,108.""
& 2401457
02/09194 45 . AX-125 Fourth Avo. and Orange Ava. 2402594 603-6030-ST151 12,081.50 R 18.812.11 1121,187.7<
02124194 48 . EY-301 Salt Croak 2402801 408-4080-DE578 1250.00 $328.00 "2' ,417.7~
02124194 47 . AX -078 Broadway, 'L' to Napla' 2402044 603-6030-ST102 18,243.50 18,845.50 "27,881.'"
& 2402217
03/07194 48 . JO-046 Parking Lot 1 Churc:h Ava. 2402746 895-8850-R0208 $1,132.50 11,472.50 "28,783.7'
03/18194 48 . AX-078 BroactNay, 'L' to Nap.. ...,..._ 603-6030-ST102 111,042.25 R "7,887.75 "38,835.8
03/22/94 50 . AX-125 Fourth Ava. and Orange Avo. 2402772 603-6030-ST151 ".2'8.00 18,130.11 "4',053.8
03/22/94 51 , AX-102 Broadwav. 'I' St. to 'L' St. 2402788 603-6030-ST13O $3.865.50 13.865.50 $144.818.4
. Payrnentnu~lorlhepfOjtCt A:~~
.
File: A: LAWCRNDL. WK3 2O-Apr-84 Pogo No. 2 A-3
/9-f?
DEPARTMENT OF PUBLIC WORKS
City 01 Chula Vista ~
Engineering I ConstrLJction
VENDOR: LAWICRANDALl., INCORPORATED
91" Sky Park Court
San Die90, CalWomla 92123 Ruolution No,: 15741
(519) 278-3eOO Dop!. I Ac1Mty: 100 I 1423
FAX (519) 278-l53OO DIRECT PAYMENT RECORD
Vendor No.: 748392
DATE PAYMENT WORK PROJECT INVOICE ACCOUNT No. AMOUNT RUNNING RUNNING
NUMBER ORDER NUMBER TOTAL TOTAL
. PROJECT CONSULTANT
10/13192 AN-012 TeI.Cyn.Rd. widening 38103 621 -6210-5201 $3.256.50 $3,256.50 n,256.50
10/13192 2 AO-078 OXford St. dralnage., 38107 647-6470-DR108 $501.00 $501.00 n, 757.50
10/14/92 3 AX-l22 Pavement OVe~ay FY92 38108 250-2501 -ST521 $312.00 $312.00 14,089.50
10/14/92 4 AX-099 Main St. widening 38109 603-603O-ST137B $388.00 $388.00 14,437.50
10/14/92 5 AX-115 4th Ave.DoI Ray H.S. 38108-A 250-2501-ST508 $2,526.00 " $2,526.00 $8;863.50
10 Kittiwake Lane
12/10192 5 AO-078 OXford St. drainage 36217 647-6470-DR108 5421.50 $922.50 17,385.00
12/10/92 7 AX-I22 Pavement OVe~ay FY92 38218 250-2501 -ST521 $310.00 " $922.00 $7,685.00
12/16192 8 AX-124 'H' St. lnveltigation 36219 & 250-2501-STM303 $10,215.00 $10,215.00 $17,810.00
38629
0"18/93 9 AX-119 Orange Ave-Max/Loma 37532 250-2501-STl33B $964.00 $964.00 $18,694.00
02123/93 10 AO-050 5th Avelmprovementl 37873 803-6030-STM308 $1,732.50 " $1,732.50 $20,52~
03125/93 11 AR-033 Ouintard St. Sewer 37531 & 6OO-60Q8-SW203 $3,015.50 $3,015.50 $23,64
37874
03/31/93 12 AX-125 Fourth AvelOrange Ave 2400088 250-2501-ST151 $0.00 $0.00 $23,642.00
canceled (See payment #35)
04130/93 13 AN-012 Tel.Cyn.Rd. widening variouI 621-6210-ST131B $29,012.00 " $32,268.50 $52,654.00
OS/24/93 14 AR-037 10' 81. Hwef project 2_ 6OO-60Q8-SW208 $1 ,591.00 $1,591.00 $54,245.00
OS/24/93 15 AX-125 Fourth Ave/Orange Ave 2400449 250-2501 -ST151 $2,232.11 $2,232.1 1 $58,4n.11
07/07/93 15 EY -383 RDR Buoln... 24007698 408-4060-DE853 $72.00 $72.00 $58,549.11
07/07/93 17 AX -09lI Main St. widening 2400730 803-6030-ST137B $0.00 $388.00 $58,549. "
canceled (See peyment #33)
07/12/93 18 AX-127 HiI~op/Eaot 'H' SI 2400781 25O-2501-TF148 $0.00 $0.00 $58,549.11
canceled (See peymenl #38)
07/15/93 19 AN-012 TeI.Cyn.Rd. widening 2400817 621-6210-ST131B $5,618.00 " $37,888.50 $62,167."
07127/93 20 AO-06O We~on Ave Drainage 2400787 641-6410-DR110 $1,090.00 $1,090.00 $63,257.1 1
07127193 21 AR-028 Napleo Chann.1 Project 2400889 604-6040-DRl12 $407.00 $407.00 $63,664. "
08/02193 22 AX-09lI Main St. widening 2400854 803-6030-ST137B $0.00 $388.00 $83,664. "
canceled (See payment #33)
08/02193 23 EY-383 RDR Bulin... 2401030 408-4060-DE853 $72.00 $144.00 $83,738. "
08103/93 24 AX-125 Fourth Ave/Orange Ave 24008111 25O-2501-ST151 $0.00 $2,232.11 $83,738.11
canceled (See payment #35)
08105/93 25 AN-012 TeI.Cyn.Rd. widening 24010025 621-6210-ST131B $58.50 " $37,945.00 $63,794.61
08/08/93 26 EY -363 RDR BUlinel. 2400883 408-4060-DE853 5450.00 " $594.00 $84.244.61
R: FWviMd Invoice
^"""
File: A: LAWCRNDL, WK3 25-Mar-94 Poge No. 1 A..4
~ '1-\\\ '0\ ~ e
.
Agreement between
city of Chula Vista
and
Law Crandall, Inc
for
Material Testing services
This agreement ("Agreement"), dated August 4, 1992 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwlse specified in Exhibit A,
Paragraph 1 is between the city-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
. Whereas, the City desires to have construction material
testing 'in conjunction with various capital improvement projects in
which it engages and in conjunction with specification compliance
on construction projects engaged in by various private parties
which the City is required to review; and,
Whereas, Consultant desires to perform these services for the
City at the price and on the terms herein specified; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to city
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
OBLIGATORY PROVISIONS
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
.
A. General Duties
Consultant shall perform all of the services described on the
"B-1
IP- C;
~'l,."''''1
~2-1('
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
. Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to city such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
city may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. , Additional Services
In' addition to performing the Defined Services herein set
forth, City may require Cohsultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (Cl, unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, 'shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
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subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the fOllowing insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the city:
statutory Worker's Compensation Insurance and ~ployer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
cOl'lU\\ercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which, in
respect to Consultant I s negligence or other willful acts, is
primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same
manner as members of the general public ("Cross-liability
Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Agreement, by delivery of certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
G.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary cov~rage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
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City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the ~
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
city shall 'compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in
Exhibit A, Paragraph 11 adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4.
Te~.
......."
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
5. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
city Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
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Consultant Agreement for Materials Testing
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or has reason to
other than the
governmental decision in which Consultant knows
know Consultant has a financial interest
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consul tant warrants and represents that Consu,l tant has
diligently conducted a search and inventory of Consultant's
economic interests, whatsoever in any property which may be the
subject matter of the Defined Services, or in any property within
2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant I s performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of city.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City,
its elected and appointed officers and employees, from and against
all claims for damages, liability, cost and expense incurred
(including without limitation reasonable attorneys' fees) arising
out of the negligent conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of "the work covered by this Agreement, except only for
those claims arising from the negligence or willful conduct of the
Ci ty, its officers, or employees. Consultant's indemnification
shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees
in defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the 'City, defend any such suit or action
brought against the City , its off icers, agents, or employees.
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Consultant Agreement for Materials Testing
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Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant. ~
7. Termination of Agreement for Cause
If Consultant shall fail to fulfill in a timely and proper
manner Consultant's obligations under this Agreement, or if
Consultant shall violate any of the covenants, agre,ements or
stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and
equitable compensation' for any work satisfactorily completed on
such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused City by Consultant's breach. Use of
such work documents or materials by the City is at the City'S sole
discretion and risk.
8. Termination of Agreement for Convenience of city
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least ~.
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City I s sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein due to such
termination for the convenience of the City. Use of such work
documents or materials by the City is at the City'S sole discretion
and risk.
9. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, which City
may not unreasonably deny.
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10. Ownership, pUblication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement (Consultant's Work
Product") shall be the sole and exclusive property of city. No
such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or
patent rights by Consultant in the United states or in any other
country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be
limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials
or properties produced under this Agreement. However, it is
expressly understood and agreed that City's use or re-use of
Consultant's Work Product, except as expressly set forth and agreed
to hereunder (EXhibit A, Paragraph 8) is at the city's sole
discretion and risk and without liability to Consultant.
11. Independent Contractor
City is interested only in the results obtained and Consultant
shall conform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
12. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the'provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementatio~ of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
13. Attorney's Fees
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Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of
the claim, including costs and attorney's fees.
14. Statement of Costs
""'"
In the event that Consultant prepares a report or do~ument, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
15. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers ~,
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for..each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
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Signature Page
to
Agreement between city of Chula Vista and Law Crandall, Inc.
for Material Testing Services
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IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
4/, /5
, 19.1..L
City of Chula Vista
by: ~r- /l~.d~
Tim Nader, Mayor
.......
Thomas H. Chap, an
Manager, Materials Engineering
Exhibit List'.~to Agreement
(X) Exhibit A.
(X) Exhibit B.
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Consultant Agreement for Materials Testing
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1.
2.
("City")
3.
4.
5.
Exhibit A
to
Agreement between
City of Chula Vista
and
Law Crandall, Inc.
Effective Date of Agreement: 8/4/92
City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State
of California
() Redevelopment Agency of the City of Chula Vista, a political
subdivision of the State of California
() Industrial Development Authority of the City of Chula Vista,
a
() Other:
business form)
[insert
a
6.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula.Yista, CA 91910
Consultant: Law Crandall, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Place of Business, Telephone and Fax Number of Consultant:
10037 Barnes Canyon Road, Suite A
San Diego, CA 92121
Voice Phone - 458-9379
Fax Phone - 458-0541
7. General Duties:
Provide material testing and geotechnical engineering services.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
--:8- 11
/?-If-
Exhibit A
Page 2
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SECTION A. - SOILS TESTING
1. Laboratorv Maximum Densitv tests in accordance with ASTM
0-1557, Method C.
2. oensitv of Soil in Place bv the Sand-Cone method in accordance
with ASTM D-1556.
3. Densitv of Sol1 and Sol1 Aaareaate in olace bv the Nuclear
method in accordance with ASTM D-2922.
4. Moisture content of Soil and Soil Aaareaate in olace bv the
Nuclear method in accordance with ASTM 0-3017.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time, reports, etc. Tests 3 and 4
are to be combined and paid for as one test. There will be a
minimum of 3 tests per trip for any combination of tests 2 or 3 and
4.
SECTION B. - CONCRETE TESTING
1. Comoressive Strenath of Cvlindrica1 Concrete Soecimens in
accordance with ASTM C-39.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time to pick-up samples, reports,
storing of specimens, furnishing test cylinders, etc.
SECTION C. - BITUMINOUS/ASPHALT CONCRETE TESTING
-...,
1. Ouantitative Extraction of Bitumen from Bituminous Pavina
Mixtures in accordance with ASTM 0 2172, Method B or California
Test 362.
2. Sieve or Screen Analvsis of Fine and Coarse Aaareaates in
accordance ~ith ASTM C 136 or California Test 202.
3. Sand Eauivalent Value of Soils and Fine Aaareaate in accordance
with ASTM D 2419 or California Test 217.
4. Loss in LA Rattler in accordance with California Test 211.
5. Swell in accordance with California Test 305.
6. Maximum Densitv Determination of Asohalt Concrete bv the Hveen
Method in accordance with ASTM 0 1560 and D 1561 or California
Test 304.
........
13-/2
Exhibit A
Page 3
.
7.
Theoretical Maximum Densitv Determination of ASDhalt Concrete
in accordance with ASTM D 2041.
8. Stabilometer Value of Asohalt Concrete in accordance with
California Test 366.
9. Densitv of Bituminous Concrete in Place bv Nuclear Method in
accordance with ASTM D 2950.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time, reports, etc. There will be
a minimum of 5 tests per trip for test 9.
SECTION D. - PLANT INSPECTION
.
Provide full-time plant inspection of Asphalt Concrete and Portland
Cement Plants to assure proper operation, and proportioning in
accordance with requirements of project specifications. Including
certification and reports of monitoring and required corrections and
adjustments. Payment shall be per hour for time spent at the plant.
SECTION E. - "R" VALUE TESTS
"R"existence Value Tests of Soils in accordance with ASTM D-1557
shall be provided on samples of material selected by the City and
picked up by the Laboratory at the site. Test results reported
shall include a description of the materials, "R" value containers
shall be supplied by the laboratory.
SECTION F.
Geotechnical/soil engineering services for City projects during
earthwork construct ion operat ions necessary to meet fi n i shed grades
shown on the plans and cross-sections. Consultant to provide
geotechnical/soils engineering observation during site preparation
for placement of fill and construction of subdrains. The Consultant
shall make recommendations regarding the removal of unsuitable
material for fills and methods of compaction based on previous
soils/geotechnical investigations and his/her own observations. The
number of such projects will vary from year to year and in scope.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Date for completion of all Consultant services:
.
13-13
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Exhibit A
Page 4
9. Insurance Requirements:
-.,
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not
included in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:.
(X)
(X)
(X)
(X)
(X)
N/A
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defi ned Servi ces by Consul tant as herei n
required, City shall pay a single fixed fee in the amounts and at the times or
milestones or for the Deliverables set forth below:
Single Fixed Fee Amount:
. payable as follows:
Milestone or ~vent or Deliverable Amount or Percent of Fixed Fee
-...
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associated with each phase of Services, in the amounts and at the times or
milestones or Dellverables set forth. Consultant shall not commence Services
under any Phase, and shall not be ent It 1 ed to the compensat i on for a Phase,
unless City shall have issued a notice to pr.oceed to Consultant as to said
Phase.
Phase.
Fee for Said Phase
1.
2.
3.
$
$
$
-...
'B-ILf
Exhibit A
Page 5
~ C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required,
City ~hal1 pay Consultant for the productive hours of time spent by Consultant
in the performance of said Services, at the rates or amounts set forth in the
Rate Schedule attached as Exhibit B according to the following. terms and
conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant wi 11 perform all of the Defi ned Services
herein required of Consultant for $ including all
Materials, and other "reimburseab1es" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $150,000.00 ("Authorization Limit"), Consultant
shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
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Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
() Hourly rates may increase by 6% for services rendered after
[month], 19 ,if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of services herein required, City shall pay Consultant at the
rates or amounts set forth below.
.
(X) None, the compensation includes all costs.
13-15
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Exhibit A
Page 6
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13. Contract Administrators:
City: Dennis Davies
Consultant:
Jim Copley
14. Statement of Economic Interests, Consultant Reporting Categories, per
Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( )
( )
( )
WPC 6105E/0068Y
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
Category No.3. Investments, interest in real property and
sources of "income subject to the regulatory, permit or
licensing authority of the department.
() Category No.4. Investments in business entities and sources
of income which engage in land development, construction or the
acquisition or sale of real property.
( ,
"""'"
( )
Category No.5. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
Category No.6. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( )
( )
Category No.7. Business positions.
List .Consultant Associates. interests in real property within
2 radial miles of Project Property, if any:
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JULY 17. 1992
EXHIBIT B
SCHEDULE OF CHARGES
We fully understand the eall-\lut time lIS presented in Section III. Re\luirements and
Authority of tht. City of Chula Vista. and the reporting tim,' f\lr lidtlllnd lahoratory test
results. '
MATERIAL TESTING SERVICES FEES
Scction A - Soil Testinl!
1. Labmlllory maximum density
ASTM D-1557 (each) ...................................... $95
2. Density of soil in place by the sand cone method
ASTM D-1556 (per hour. 2-hour minimum per call out) ............ 39
3. Density of soil and aggregate in place by nuclear method
ASTM D.2922 (per hour. 2.hour minimum per call out) ............ 39
4. Moisture Content of soil and aggregate in place by nuclear method
ASTM D-3017 (each) ................................. No charge
.
5. Material Sampling
. ASTM D-75 (per hour, 2-hour minimum per call out) .............. 36
.
Section B . Concrete Testin\:
1. Compressive strength of \)'lindrical concrete specimens
ASTM C-39 (3 cylinders per set) .............................. 36
. 2. Sampling and molding cylindrical concrete specimens
ASTM C.l72 and ASTM C.31 (per hour. 2.hour minimum per call out) 36
3. Pick up concrcte specimens
ASTM C-31 per trip. .. .. . .. . .. . .. . .. . .. . . . . . . .. . . . .. . . . . ... 30
Section C . Bituminous/AsTlhalt Conercte Testinl!
1. Quantitative extraction of bitumen from bituminous paving mixtures
ASTM D-2172 "B" or CAL Test 362 (each) ...................... 50
2. Sieve analysis of fine and coarse aggregate
ASTM C-136 or CAL Test 202 (each) .......................... 50
.
'B- \ 1
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JULY 17,1992
EXHIBIT El(Cont'u)
3, Sand l'yuivalent value
ASTM D.24 J YOI' CAL TeSI 217 (c'ach) """""""""""'" 50
""""
4, Loss in LA Rattler
CAL Test 21 J (each) "'""",.""",..,.".,..",."",. J 10
5, Swell
CAL Test 305 (each) ..,."."".".,.""...,.""""...., 50
6, Maximum uensity determination of Asphalt Concrele (AC) by the Hveem
Method
ASTM D.J560, D.J56J. or CAL Test 304 (each) ,."..,..,......., 60
7, Theoretical maximum uensity determination of AC
ASTM D.204 J (avnage of three) (each) .."."."",....""", 60
8. Stabilometl'l' value of asphalt coneretl'
CAL Test 366 (each) ',..,...,.""...."",.,.",.,.",..,. YO
9, Density of bituminous concrete in place by nuclear method
ASTM D.29S0 (pel' hour, 2.hour minimum per call out) ,.,.,....... 39
10, Mmerial sampling (per hour, 2.hour minimum per call out) ,. . . . . , . . . . .. 36
""""
PROFESSIONAL AND TECHNICAL STAFF FEES
Section D. Plant Insnection
Materials Technician (per hour) ,...,.,.,.,.,....,...."""..." $39
Section E. "R" Value Tests
R.Values
CAL Test 301 ,..,.,',.,....,..".,.,..,.".".,."..".."., 135
(each. includes 2.hour sampling time and mileage)
Section F . Geotechnical/Soil En~im'erin~ Services
Staff Geotechnical Engineer or Geologist (per hour) '."'.",.",..,,, 60
Project Geotechnical Engineer or Geologist (per hour) .....,..".."., 70
Senior Geotechnical Engineer or Ge.ologist (per hour) .. . , , . . , . , . . . . , .. 85
13 -Ii'
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JULY 17, 1992
.
EXHIBIT B
(Conl\J)
Section G . Consulting Scrviees
Materials Tcchnician (pCI' hour) .................................. 39
Staff Engineer (pCI' hour) ......................,.................. 60
Project Engineer (per hour) ...................................,. 70
Senior Engineer (pCI' hour) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 85
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A
LAW/CRANDALL, INC.
ENGINEERING AND ENVIRONMENTAL SERVICES
July 7, 1995
Mr. Kenneth J. Goldkamp, P.E.
Senior Civil Engineer
Public Works Department
ConstructionlInspection
276 Fourth Avenue
Chula Vista, California 91910
Subject: Materials Testing Service Agreement
20051, 40026
Dear Mr. Goldkamp:
As per our conversation of July 6, 1995, regarding an extension of our Materials Testing Services
Agreement, Law/Crandall, Inc. agrees:
.
That these services will be extended to the completion of (1) citywide overlay
project (2) Otay Valley Road reconstruction Phase I, II, & III and Broadway I-L
reconstruction.
. Authorization limit of the contract fees be increased by $80,000.
. That the unit cost presented in Exhibit "B" will be in effect through the completion
of the aforementioned projects.
. The attached fee schedule effective June 1993 will be used for items not covered
in Exhibit "B".
Law Crandall, Inc. appreciates the opportunity to be of service to the City of Chula Vista and we
look forward to continuing to provide you with our services.
Very truly yours,
LAW/CRANDALL, INC.
"I
man, RCE 12882
Principal En neer
Manager, Materials Engineering
JGClGo/dkamp. THeID.r
c. - I
1177 SKY PARK CT.. SAN DIEGO, CA 92123
1!1I127!~OO'FAXI!1I127!'S300
OlII011l(lAWCOWAIlIE$~
/p-/r
1&
LAW/CRANDALL, INC.
ENGINEERING ANO ENVIRONMENTAL SERVICES
SCHEDULE OF CHARGES FOR
CONSTRUCTION MATERIALS ENGINEERING, TESTING AND INSPECTION
......"
The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of 90 days
from tbe da~e of the proposal t.o o.:bich t~is sc~ed~le is .atlacb~d. We r~serve lbe right to modify these rates upon 30 days
advance notIce. Rates for contlllulllg projects IIlIlIBted III a pnor year will be based on the schedule of charges currenlly in
effect. unless other arrangements have been made.
PERSONNEL HOURLY RA 'J'ES
Professional starr (Engineer, ConsuJtan4 Technical
Writer)
Staff Professional (151) .................. S 78
Project Professional (152) . . . . . . . . . . . . . . . .. S 95
Senior Professional (153) ................. S 115
Principal Professional (154) ............... $ 130
Chief Professional (155) . . .. . . . . . . . . . . .. .. S 150
Corporate Consultant (156) ............... S 200
Senior Technical Writer (142) ............. $ 100
Technical Starr
Special Registered Inspector (427) . . . . . . . . . . . . . .. S 42
Senior Materials Technician. . . . . . . . . . . . . . . . . . . . . S 55
Materials Technician (422) ..................... S 44
Assistant Materials Technician (420) .............. S 38
Ultrasonic Tecbnician (426) . . . . . . . . . . . . . . . . . . . . . $ SO
Roofing. Waterproofing Inspector ............... $ 47
Laboratory Technician (435) .................... $ 55
Coring. Concrete, Aspbalt (428) . . . . . . . . . . . . . . . .. $ 95
Word Processor (612) ......................... $ 50
Draftsperson (611) . .. . . . . . . . . . . . . . . . . . . . . . . . . . $ 55
CADD Operator (610) ........................ S 65
Technical Writer (141) ........................ S 78
These rates apply to regular time and travel time in the continental United States. A maximum traveltime of eight hours will
be charged in any day. A premium charge. if required in the interest of lbe project, may be charged at the above rates for
professional personncl and at 1.5 times the above rates for other personael. lbe premium chuge may apply to time in excess
of eight bours per weekday and all time on Saturdays, Sundays and holidays. In the event of adverse weather conditions or
other factors beyond our control. a standby charge of four hours per weekday may be made for field personnel. """"
Field services that will require specially trained personnel. because of the presence of hazardous material. as defllled by the
Hazardous Waste Operations and Emergency Response Act, 29 CFR 1910.120, will have a surcharge imposed. Required levels
C&D personal protection will be surcharged 10% of the above hourly rates. and required levels A and B personal protection
will be surcharged at 25% of the above hourly rates.
Expert witness services. including trial prcparation. depositions. and court appearances will be charged at 1.5 times the above
rates with a minimum charge of four hours for depositions and court appearances per day.
EQUIPMENT
Computer Usage .................................. S 45ibour
Cylinder Pickup ..... SO.301mile with minimum of . . . . . . .. S 30/day
Passenger Car . $OA51mile with minimum of ............. $ IS/day
Truck. SOA5/mile with minimum of .................... S 45/day
I-Ton Truck. SO.601mile with a minimum of ............. $ loo/day
The use of specialized equipment. sucb as a pachometer, manometer, nuclear gauge, etc., will be charged at an hourly or daily
rate.
REIMBURSABLE ITEMS
Outside services perfonmed by others and direct expenses incurred on the client's behalf are charged at 1.15 times our cost.
Such items include, but are not limited to, outside consultants and testing laboratories, rental and operation offield equipment.
non-reusable equipment, blueprinting, Jong-distance communications, subsistence, transponation charges. auto rental. freight,
and any special penmit and inspection fees.
INSURANCE
Law/Crandall, Inc.. maintains General Liability Insurance for bodily injury and property damage with an aggregate limit of
S~.OOO.~ per o~c~rrence (or iu own ~ccount and ~J ~mis.h cenificatcs of s~ch insurance upon request. in the event the.~
chent desJ.Tes additional coverage, we will, upon the client swntten request, obtam additional insurance at the client's expense. .
LAW/CRANDALL, INC.
" Tl SXY PARK Cl. . SAN DIEGO. CA 12123
~1I117.3100'FA:f,IIIIJ27I-ll00
OlIICfIlllU.Wc:ow..NIU,')
C-C\
June 1993
Mall
San Diego
.
.
.
TI:STING UNIT RATI:S. MATERIAlS
Concrete
.
Compression Test, 6x12 cylinder (ASTM (39) .......................................... $ 13
Flexural Test. 6x6x18 (ASTM C78) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Compression Test. core (excluding sample preparation) ................................... 21
Compression Tests, shotcrete panel cores
(3 cores per panel) ........................................................... 185
Concrete Mix Design or Mix Review
(excluding aggregate tests) ...................................................... 100
.
.
.
Masonl)'
. Compression Test, block (8x8116 or smaller) ........................................... 30
. Compression Test, mortar, 2x4 cylinder CUBe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
. Compression Test, grout (UBe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
. Compression Test, core (excluding sample preparation) ................................... 21
. Compression Test. masonl)' prism (ASTM E447)
(Full Size 8x16x16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 130
(Half Size 8x16x8) ............................................................ 90
. Confoneance Package ASTM C90 (including all testing
and report. 6 units) ........................................................... 315
Reinforcing Steel
. TensUe Test. #11 bar or smaller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
#14 or #18 bar (to minimum requirements only) ..................................... 48
. Bend Test............:........................................................ 22
Aggregate
. Sieve Analysis (ASTM C136):
1. Coarse Aggregate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
2. Fine Aggregate (including wash) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
. Specific Gravity:
1. Coarse Aggregate (ASTM C127) ............................................... 35
2. rIDe Aggregate (ASTM Cl28) ................................................. 45
3. Absorption. Coarse or Fine Aggregate .......................................... 20
. Cleanness Value (Cal 227) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
. Sand Equivalent (Cal 217) ......................................................... 70
. Durability Test. (Cal 229) per size fraction ............................................ 100
. Soundness by Sodium Sulfate (ASTM CB8) per size fraction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
. Los Angeles Rattler (ASTM C131) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 150
. Organic Impurities (ASTM C40) .................................................... 35
. R Value ...................................................................... 150
Asphalt Concrete
. Extraction, % asphalt and aggregate gradation .......................................... 130
. Unit Weight Sample Requiring Compaction (ell 308) ... eo . eo eo . .. . . .. eo . eo . . . . eo . . . eo . . . 70
. Unit Weight Compacted Sample or Core (Cal 308) ...................................... 45
. Maximum Theoretical Specific Gravity (ASTM D2041). set of 3 ............................. 120
. Stability Test. Marshall (ASTM D1559). avo of 3 . .. .. . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 100
. Asphalt Concrete Mix Design or Mix Review ........................ . . . . . .. Quoted On Request
. Hveem Stabilometer (Cal 304) ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 100
Q-3
June 1993
Mat2
San Diego
I J' - 60
JUL.~6-95 THU 10:22
CITY OF CHULA VISTA-PURH
FAX NO. 5859118
P. 03
THE CIn' OF CHUU VISTA. PARTY DISCLOSURE STA.TEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all mattel",""",
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
None
2. If any person identified pursuant to (1) above is a corporation o'r partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any pannership
interest in the partnership.
N/A
3. If llny person identified pursuant to (1) above is non-profit organization or a trust, list the names'
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/A
........,
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes_
No..lL If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
James G. CODlev
Karen Forte
Thomas H. ChdiJIHan
6. Have you and/or your officers or agents, in the aggregate, contributed more than '$1,000 to a
Councilmember in the current or preceding ejection period? Yes _ No ~ If yes, state which
Councilmember(s): .
PcrslIn is llefined as: "Any individual,Jiml, co.pnnnersllip,join/ venture. association, social club,lrtlternal organiztl/ion, corporation,
CSWIf:. fTltst, rccci~le" s)'ndicnle, this and nny oth~, cOlln.l)~ city and cDunl'1)~ cif)~ nlunicipllliry, district or Dlll~r pDlitical subdivision.
Or .1II)' other group '" c011lbilltl/;On ncting os n IIn;t."
DatI::
7/7/95
.........
(NOTE: Attach additional pajlCS as necessary)
,.\.III.\:DISCLOSE..TX11
c.-~
Thomas H. Chapman
Print or type name of contractor/applicant
rlt"'i"~; IIt.Io',IO)
,,_0-
JULY 17, 1992
.
EXHIBIT B
SCHEDULE OF CHARGES
We fully undcrstand the call-out time as presented in Sect inn JIl. Relluirements and
Authoritv of tht' Citv of Chula Vista. and the reporting timt' I'll[ lil'id and lahoratory lcst
rcsults. .
MATERIAL TESTING SERVICES FEES
Section A - Soil Testin~
1. Laboralory maximum density
ASTM 0-]557 (each) ...................................... $95
2. Density of soil in placc by the sand conc method
ASTM 0-]556 (per hour, 2-hour minimum pcr call out) ............ 39
3. Oensity of soil and aggregate in placc by nuclear method
ASTM 0-2922 (per hour, 2-hour minimum per call out) ............ 39
4. Moisture Content of soil and aggregate in place by nuclear method
ASTM 0-3017 (each) ................................. No charge
.
5. Material Sampling
. ASTM 0-75 (per hour, 2-hour minimum per call out) .............. 36
Section B - Concrete Testinl!
1. Compressive strength of cylindrical concrete specimcns
ASTM C-39 (3 cylinders per set) .............................. 36
2. Sampling and molding cylindrical concrelC specimens
ASTM C.l72 and ASTM C.3] (per hour. 2-hour minimum per call out) 36
3. Pick up concrete specimens
ASTM C-3] per trip ........................................ 30
Section C - Bituminous/Asnhalt Concrete Testinl!
1. Quantitative extraction of bitumen from bituminous paving mixtures
ASTM 0-2]72 "B" or CAL Test 362 (each) ...................... 50
2. Sieve analysis of fine and coarse aggregate.
ASTM C.]36 or CAL Test 202 (each) .......................... 50
.
C-5
JJP - .;J-I
Ii
JULY 17, 1992
EXHIBIT B(Cont'u)
3. Sand t'quivaknt v,due ~
ASTM D-2419 or CAL Test 217 (each) ......................... 50
4.
Loss in LA Ratller
CAL Test 211 (each)
..................................... .
JJ(J
5. Swell
CAL Test 305 (each) ....................................... 50
6. Maximum density determination of Asphalt Concrete (AC) hy the Hveem
Method
ASTM D.]560, D-156]. or CAL Test 304 (each) .................. 60
7. Theoretical maximum density determination of AC
ASTM D-204] (average of three) (each) ........................ 60
8. Stabilometer value of asphalt concrete
CAL Test 366 (each) ....................................... 90
9. Density of hituminous concrete in place hy nuclear method
ASTM D-2950 (per hour. 2-hour minimum per call out) ............ 39
10. Material sampling (per hour, 2-hour minimum per call out) . . . . . . . . . . . .. 36
~
PROFESSIONAL AND TECHN]CAL STAFF FEES
Section D . Plant I nsnection
Materials Technician (per hour) ................................. $39
Section E. "R" Value Tests
R.Values
CAL Test 30] ............................................... 135
(each. includes 2-hour sampling time and mileage)
Section F. Geotechnical/Soil En~ineerin~ Services
Staff Geotechnical Engineer or Geologist (per hour) .................. 60 ~
Project Geotechnical Engineer or Geologist (per hour) ................ 70
Senior Geotechnical Engineer or Geologist (per hour) ....... . . . . . . . . .. 85
? ,) ':'
~
---' -'
C-w
Ii~
JULY 17, 1992
.
EXHIBIT B
(Cont'tl)
Section G - Consulting Services
:v;.~ 3 ~
Materials Technician (per hour) ........ . , . . . . . . . . . . . . . . . . . . . . . . .. 39
. .
Staff Englncer (per hour) .................... ',' . . . . . . . . . . . . . . . .. 60
Project Engineer (pCI' hour) .....................,...,.....,..... 70
Senior Engineer (pCI' hour) . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , , . .. 85
.
.
C-l
/p- d.d-
_~ _:. t
. - -'
- - -
, -
, - -
Ii
"'""
- This Page Blank -
-..
""'"
c. - ~
E )( hA. kJif i)
.
RESOLUTION NO. 17434
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT FOR MATERIAL TESTING
SERVICES BETWEEN THE CITY OF CHULA VISTA AND
LAW/CRANDALL, INC., AND AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF THE CITY
WHEREAS, the construction of public works infrestructure improvements requires the
use of quelity materials to assure their longevity and usefulness to their owner; and,
WHEREAS, to assure that we continue to obtain quality improvements, the City needs
to obtain material testing services for projects built with both public and private funds which
will provide the inspectors with the ability to assure that the materials supplied to construct
the City's infrastructure meet the project's specifications; and,
WHEREAS, following the RFP processes, staff has negotiated a contract with
Law/Crandall, Inc. to provide material testing services for the FY 92.93 period.
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve an egreement with Lew/Crandall for material testing services, known as
document number C094-043, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula
Vista.
Presented by
Bruce M. Boogaard
City Attorney
.
/~ -;).-3
1)- \
Resolution No.1 7434
Page 2
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of March, 1994, by the following vote:
"""""I
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
- r~ /2,~/v-
Tim Nader, Mayor
ATTEST:
"""""I
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
CITY OF CHUlA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No.1 7434 was duly passed, approved, and adopted by the City
Council at 8 regular meeting of the Chula Vista City Council held on the 22nd day of March,
1994.
Executed this 22nd day of March. 1994.
Beverly A. Authelet, City Clerk
-...
P-;L
t)~ bi'f- E...
.
RESOLUTION NO. 16741
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT FOR MATERIAL TESTING SERVICES
BETWEEN THE CITY OF CHULA VISTA AND LAW/CRANDALL, INC.,
AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE
CITY
.
WHEREAS, the constructi on of publ i c works infrastructure improvements
requires the use of quality materials to assure their longevity and usefulness
to their owner; and,
WHEREAS, to assure that we continue to obtain quality improvements, the
City needs to obtain material testing services for projects built with both
public and private funds which will provide the inspectors with the ability to
assure that the materials supplied to construct the City's infrastructure meet
the project's specifications; and,
WHEREAS, following the RFP processes, staff has negotiated a contract with
Law/Crandall, Inc. to provide material testing services for the FY 92-93 period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an agreement with Law/Crandall for material testing
services, known as document number C092-106, a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City
of Chula Vista.
Presented by
.
E-r
/p- '-f
Resolution No. 16741
Page 2
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 4th day of August, 1992, by the following vote:
I
"""
YES: Counei lmembers: Grasser Horton, Malcolm, Moore,
Rindone, Nader
NOES: Counei 1 members : None
ABSENT: Counc il members: None
ABSTAIN: Council members : None
.
~/k/;/-
Tim Nader, Mayor
ATTEST:
I
"""
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16741 was duly passed, approved,
and adopted by the City Council held on the 4th day of August, 1992.
. .
E~ecuted this 4th ~aY'of'August, 1992.
-."
(-~
COUNCIL AGENDA STATEMENT
Item
19
Meeting Date 7/25/95
ITEM TITLE:
GPA-95-04 -- Consideration of a proposal to amend the General Plan
Land Use Diagram from Open Space to Research and Limited
Manufacturing on property located north of "L" Street, between Interstate
5 and the San Diego Trolley tracks -- City initiated.
SUBMITTED BY: Planning Director I1t
REVIEWED BY, Ci'Y M=f (415"" Vo"" Y~_No...xJ
As a result of unresolved land use issues regarding the MTDB Right-Of-Way Landscaping
Program and its relationship to the project site it is recommended that this item be continued to
allow staff time to address these issues.
RECOMMENDATION:
That the City Council continue this item to the regular meeting of September 5, 1995.
(m:\home\planning\GPA9504A.al13)
11-1
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'~""""""'-"T-
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~ ,~.
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-'........r~.--~~. ~-"..".. .~.'l;~~
PUBUC HEARING CJ-IECK UST
PUBUC HEARlNG DATE: ., / ~::5. / Cf. s
SUJ3JECT: r~.~':^-Q~.:L., CY"f.L.'~~ -.b ~ ,~
LOCATION: '1 ~ ~ <2.
L~~.
SENT TO STAR NEWS FOR PUBUCATION .- BY FAX V ; BY D _; BY MAIL
PUBUCATION DATE "? I" '1$
(,-f' J~ X'~ ~
..l.. -s ..J...
MAILED NOTICES TO PROPERTY OWNERS NO. MAILED
PER GC ~54992 Legislative Staff, Construction Industry Fed, 633 reenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK
COPIES TO:
..,
::;
Administration (4)
Planning
Originating Department
Engineering
Others
City Clerk's Office (2)
CIS
7/93
-55-
j1~
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of considering an application
to change the present General Plan designation for approximately 4 acres located at the
northeast corner of Interstate 5 and "L" Street. The application, initiated by the City of
Chula Vista, requests a change of the existing General Plan designation from Open Space
to Research and Limited Manufacturing. Copies of the staff report and related documents
for the proposed project are on file in the office of the Planning Department.
An Initial Study, IS-95-20, of possible significant environmental impacts has been conducted
by the Environmental Review Coordinator. A finding of no significant environmental
impact has been recommended to the City Council is on file, along with the Initial Study,
in the office of the Planning Department.
Any petitions to be submitted to the City Council must be received in the office of the City
Clerk no later than noon of the hearing date specified in this notice.
If you wish to challenge the City's action on this draft plan in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council at or prior to the public
hearing.
THE PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesdav.
.Julv 25. 1995 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue at which time any person desiring to be heard may appear.
DATED:
CASE NO:
July 11, 1995
GP A-95-04
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests
individuals who may require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service to request such accommodation at least/arty-eight hours in advance
for meetings and five days in advance for scheduled services and activities. Please contact the City
Clerk's office for specific information at (619) 691-5041 or Telecommunications Devices for the
Deaf (TOO) (619) 585-5647. California Relay Service is available for the hearing impaired.
(m:\home\planning\duane\gpa9504.not)
)9, i
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of considering an application
to change the present General Plan designation for approximately 4 acres located at the
northeast corner of Interstate 5 and "L" Street (refer to map on reverse side). The
application, initiated by the City of Chula Vista, requests a change of the existing General
Plan designation from Open Space to Research and Limited Manufacturing. Copies of the
staff report and related documents for the proposed project are on file in the office of the
Planning Department.
An Initial Study, IS-95-20, of possible significant environmental impacts has been conducted
by the Environmental Review Coordinator. A finding of no significant environmental
impact has been recommended to the City Council is on file, along with the Initial Study,
in the office of the Planning Department.
Any petitions to be submitted to the City Council must be received in the office of the City
Clerk no later than noon of the hearing date specified in this notice.
If you wish to challenge the City's action on this draft plan in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council at or prior to the public
hearing.
THE PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesdav.
Julv 25. 1995 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue at which time any person desiring to be heard may appear.
DATED:
CASE NO:
July 11, 1995
GP A-95-04
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests
individuals who may require special accommodations to access. attend, andlorparticipate in a City
meeting, activity, or seIVice to request such accommodation at leastfarty-eight hours in advance
for meetings and five days in advance for scheduled services and activities. Please contact the City
Clerk's office for specific information at (619) 691-5041 or Telecommunications Devices for the
Deaf (TDD) (619) 585-5647. California Relay Service is available for the hearing impaired.
(m:\home\planning\duane\gpa9504.not)
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~\ij~: City of Chura Vista GENERAL PLAN AMENDMENT
C) ~<6~: Northeast corner of Interstate 5 Request: To Amend General Plan from Open Space to
and 'L' Street Research and Limited Manufacturing.
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NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Special Joint Public MeetingIWorkshop of the City Council & the Growth
Management Oversight Commission.
The purpose of considering an application to change the present General Plan
designation for approximately 4 acres located @ northeast corner of 1-5 & L
Street.
The purpose of considering adoption on EastLake Affordable Housing
Program.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
July 25, 1995, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: July 12, 1995
) '7 -;;.5'
PCM-95-15: Consideration of the adoption of the EastLake Affordable
Housing Program
Resolution / 79 Y~dopting a program for the provision of affordable
housing within the EastLake Planned Community; amending Resolution
No. 15200 and approving an Affordable Housing Agreement
Director of Planning RaY
Director of Community J>\:elopment C5.
City Manager~ ~?5!!;\ (4/5ths Vote: Yes_No~)
In December 1993, the City Council directed that an ad hoc task force be formed for the purpose
of recommending a comprehensive affordable housing program for the entire EastLake Planned
Community. As a result of this effort, the draft Program for the Provision of Affordable
Housing with the EastLake Planned Community ("Program") is being presented for consideration
and adoption (please see Exhibit B of Attachment 1).
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item .2.f)
Meeting Date 7/25/95
The Environmental Review Coordinator has determined that the proposed EastLake Affordable
Housing Program will not have a significant impact upon the environment, and has issued
Negative Declaration 18-95-21 (please see Attachment 5).
RECOMMENDATION: That the City Council adopt the attached resolution which:
1. Adopts Negative Declaration 18-95-21.
2. Adopts the attached "Program for the Provision of Affordable Housing within the
EastLake Planned Community" subject to the findings and conditions contained within
the approved City Council Resolution (please see Attachment 1).
3. Authorizes the Mayor to execute the attached affordable housing agreement with
EastLake Development Company (please see Exhibit C of Attachment 1).
BOARDS/COMMISSIONS RECOMMENDATION :
On November 30,1994, and January 25, 1995, the Housing Advisory Commission reviewed the
draft Program and provided comments to staff (please see Attachment 3). The Commission
recommended that the proposed affordable housing sites identified as #1, #2, and #3 (shown on
~t1- /
!b
Page 2, Item 2. tJ
Meeting Date 7/25/95
page 15 of Program, Exhibit B of Attachment 1) be relocated away from future SR-125. In
addition, the Commission voted unanimously to oppose EastLake receiving any credits for the
athlete housing at the Olympic Training Center.
The Resource Conservation Commission considered Negative Declaration IS-95-21 on May 8,
1995, and voted 5-0 to recommend its adoption (please see Attachment 3 for minutes).
On June 14, 1995, the Planning Commission voted 5-0 to recommend that the City Council
adopt the "Program for the Provision of Affordable Housing with the EastLake Planned
Community" (please see Attachment 3 for minutes).
DISCUSSION:
1. Backl!round
In December, 1993, the City Council, in conjunction with approving an amendment to the
General Plan for an increase in density for approximately 74 acres of property (Lots R-9 and
R-26) within EastLake Greens, reinstated a previously deferred requirement to provide 10% of
the approved housing units contained within the EastLake Greens Tentative Subdivision Map as
affordable to low and moderate income households. In taking this action, the Council also
directed that an ad hoc Task Force be formed for the purpose of recommending a comprehensive
affordable housing program for the planned community of Eastlake. The Task Force, appointed
by the City Council, is comprised of two residents from the EastLake community, one member
of the Housing Advisory Commission, one at-large professional representative familiar with
affordable housing provisions, a member of the Planning Commission and two representatives
from the EastLake Development Company. Staff from the Planning Department and Community
Development Departments provided support for the Task Force.
The Task Force, through numerous meetings, researched successful affordable housing programs
locally and in other areas of the state in developing a program which is intended to meet the
requirements of the City's General Plan Housing Element. Through this effort the following
aspects of affordable housing were recognized by the Task Force:
a. Affordable homes today are designed and built to look like surrounding neighborhoods.
b. People who rent or buy affordable housing are as stable and community-spirited as those
who live in higher-priced homes.
c. Many, if not most, people who buy or rent affordable housing already live in the
community or are people you know at work.
eJ.tJ -;A
f{
Page 3, Item .J.. 0
Meeting Date 7/25/95
d. The presence of affordable homes in a community does not affect the property values of
surrounding higher-priced homes.
2. Existimr Conditions
The Task Force examined the requirements of each phase of the EastLake community and
identified the total number of low and moderate income housing units as the development's
obligations (per the policies contained in the City's General Plan Housing Element). This
obligation was the focus of the Affordable Housing Program.
EastLake I, consisting of the Hills and Shores residential neighborhoods, as well as the Village
Center, has completed its affordable housing obligation. EastLake II, consisting of the Greens
and Trails neighborhoods, of which only the Greens has Tentative Subdivision Map entitlements,
has yet to provide its affordable housing obligation. EastLake Greens was approved in 1989;
however, due to reductions in the overall density of the project by the City Council, the
affordable housing requirement was deferred. At this point, approximately 40% of the units
within the Greens have received Final Subdivision Map commitments.
EastLake III has an approved General Development Plan; however, EastLake Development
Company has indicated a desire to replan this area. Please refer to Table A on the next page
for a quantification of the present affordable housing performance status of the entire EastLake
planned community.
3. Proposed EastLake Affordable Housing Program
The proposed EastLake Affordable Housing Program consists of a policy document intended to
guide the provision of affordable housing, required through policies of the City's General Plan
Housing Element, throughout the remaining undeveloped portion of the master planned
development of EastLake. This Program recognizes how well earlier phases of the master
planned community (EastLake I) have performed to affordable housing policies, and proposes
implementation strategies for the provision of low- and moderate-income housing within
EastLake II, III and the Land Swap Area (the remaining development areas).
The EastLake Affordable Housing Program strategies for implementation have both a short-term
and long-term approach. The short-term implementation is intended to provide for 160 low-
income housing units (5% of the Greens present entitlement), within the Greens community.
A total of 160 moderate-income units will be provided through market-rate housing units
throughout the Greens. The long-term approach is to integrate affordable housing
implementation policies into the documents at each level of planning approval process (e.g.,
General Development Plan, Sectional Planning Area Plan, Tentative Subdivision Map and Final
Subdivision Map).
.,2t). J
it
,-
Page 4, Item J...tJ
Meeting Date 7/25/95
The Program identifies nine potential affordable housing sites spread throughout the remaining
undeveloped areas of EastLake. These sites, identified by the developer, were evaluated using
general siting criteria outlined in the program, and represent opportunities which may require
density re-considerations and subsequent planning evaluation prior to final site selection. This
is expected to occur in the future through comprehensive evaluation and replanning of
undeveloped areas of EastLake.
TABLE A
AFFORDABLE HOUSING REQUIREMENTS AND IMPLEMENTATION STATUS
EASTLAKE PLANNED COMMUNITY
Eastlake I -
Eastlake Hills 454 23 23 0 23 23 0
Eastlake Shores 1380 69 69 101 69 (32) 0
Eastlake Village etr. 0 0 0 0 0 0 0
Subtotal 1834 92 92 101 92 (9) 0
Eastlake II -
Eastlake Greens *** 3192 128 - 160 160 -192 0 0 128 - 160 160 - 192
Eastlake Trails 1260 63 63 0 0 63 63
Subtotal 4452 191 - 223 223 - 255 0 0 191 - 223 223 - 255
Eastlake III - 1767 88 88 0 0 88 88
Subtotal 1767 88 88 0 0 88 88
Land Swap Area 739 37 37 0 0 37 37
Subtotal 739 37 37 0 0 37 37
... Totals 8792 408 - 440 440 - 472 101 92 307 - 339 348 - 380
Notes:
. Reflects the status of regulatory approvals as of September 1, 1994.
.. As conditioned under the City's Affordable Housing Program (ARP) which requires 5% of the approved units within the
neighborhoods to be provided as low-income affordable, and 5 % as moderate-income affordable.
... The range of units shown reflects condition #44 of Council Resolution No. 15200 which provides a potential allowance for AHP
requirements within the Greens to be 4% low-income, 6% moderate-income if 5% low, 5% moderate is proven to be infeasible.
e2tJ'Y
I r
Page 5, Item ~
Meeting Date 7/25/95
4. Public InDut
The EastLake Affordable Housing Task Force included a representative of the EastLake I and
EastLake Greens Homeowners Associations. Through these community representatives, public
information was prepared and twice distributed to the community through the local EastLake
community news circulars, explaining what affordable housing consists of, and what the
community can expect. In addition, a public forum was conducted on September 29, 1994, at
EastLake High School, at which City staff, members of the Task Force, and a representative
nonprofit low-income housing provider made presentations and answered audience questions
regarding affordable housing and what the Task Force was attempting to do through the
preparation of an affordable housing program.
Issues expressed by residents within the EastLake Greens community included, whether
inhabitants of the proposed low-income multiple family units would be provided full access to
the Greens private facilities (e.g., swim club, private parks, etc.) and who would be responsible
to pay for access to this amenity package. In addition, concerns were expressed regarding
whether tenants would be charged Home Owners Association (HOA) fees, the same as others
within the community. These issues will be addressed through subsequent evaluation of
discretionary permit requests prior to project approvals on any of the proposed affordable
housing sites. Correspondence received from a resident of EastLake Greens which addresses
this issue is attached (please see Attachment 6).
It should be recognized that EastLake Development Company provided much assistance through
providing informative news releases, contacting key media individuals and working with the
Task Force to make the public forum as effective as possible.
5. Analvsis
Implementation
The EastLake Affordable Housing Program, presented by the EastLake Affordable Housing Task
Force, provides a comprehensive look at how EastLake has implemented its affordable housing
requirements, and provides a reasonable set of benchmarks which will allow for the developer
to implement the development's present and future affordable housing requirements. The
Program is consistent with the goals and objectives of the City's Housing Element.
Included in the implementation strategies contained in the Program is the identification of a 24-
acre site located south of EastLake High School (Lot R-26) as the first low-income housing site
within the Greens. This site is expected to provide the bulk of the Greens low-income housing
commitment (160 units), however, additional sites have been identified for consideration as part
of the immediate implementation phase if this site cannot accommodate the full Greens' low-
income commitment. The Program requires the following steps to occur:
-2P ~S
, .-
I '
Page 6, Item J.. tJ
Meeting Date 7/25/95
a) A site-specific Affordable Housing Agreement between the developer and the City for
development on Lot R-26 prior to obtaining building permits for the 70th percentile unit
within EastLake Greens (2,23Otb unit out of a total of 3,192 potential units),
b) building permits for the low-income units on Lot R-26 shall be obtained prior to the 80th
percentile (2,550th unit),
c) if additional sites are necessary to provide the required low-income units, building
permits for these units are required before the 95th percentile of building permits
(3,030th unit).
EastLake presently has obtained final map approvals for 1,256 units within the Greens, or
approximately 40% of the potential unit total. It should be noted that the Task Force, in
reaching a consensus on the implementation policies contained in the Affordable Housing
Program, was aware that the EastLake Development Company was entering into preliminary
negotiations with the City and an experienced low-income housing provider for development of
Lot R-26.
Affordable Housing Agreement
In order to provide an appropriate legal mechanism to assure performance with policies
contained within the Program, the City Attorney recommended that an umbrella Affordable
Housing Agreement be prepared, and signed by the developer and the City in conjunction with
the adoption of the Program. This Agreement has been signed by the developer and approved
as to form by the City Attorney (please see Exhibit C of Attachment 1). Staff is requesting that
Council authorize the execution of this Agreement.
Siting Issues
The Housing Advisory Commission expressed strong concerns with the potential affordable
housing sites #1, #2 and #3. The following is a description of these sites (please see page 15
of Program for map):
. Site #1 consists of a 24-acre parcel (EastLake Greens Parcel R-26) located south of
EastLake High School, between the future extension of EastLake Parkway and future
SR125.
. Site #2 consists of a 20-acre parcel (EastLake Greens Parcel R-9) and a 25-acre parcel
(EastLake Land Swap) located east of the future extension of EastLake Parkway, north
of future East Orange Avenue.
,2tJ'l
Page 7, Item ).t)
Meeting Date 7/25/95
. Site #3 consists of a 17 -acre parcel (EastLake Landswap) located at the southwest
quadrant of Telegraph Canyon Road and future SR125.
The Commission was concerned that low-income housing not be placed adjacent to or near the
future SR-125 tollway/freeway.
Staff feels that Sites #1 and #2 are viable multiple family sites, based on the rationale that these
sites are better located along an activity corridor (EastLake Parkway), near transportation and
services, regardless of whether low-income families are considered as qualified tenants. The
City Council, in adopting increased General Plan densities for these two sites in 1993,
recognized the potential for increased densities and multiple family in these locations. Each of
the proposed sites will require additional review and analysis, including enviromnental analysis,
General Development Plan, SPA Plan and Design Review prior to final approvals. Site #3 is
presently designated as Commercial - Professional & Administrative on the General Plan Land
Use Diagram and will require additional evaluation before staff can support this site for
residential.
Olympic Training Center (OTC)
During deliberations of the Task Force, EastLake Development Company representatives
expressed an interest in receiving affordable housing credits for the installation of athlete's
dormitory units within the OTC. Staff discussed this issue with the City Attorney then prepared
an evaluation of the issue for the Task Force (please see Attachment 7), which recommends that
the OTC athlete housing not be credited toward EastLake's affordable housing performance
requirement. The Task Force reviewed the staff position and the position presented by the
developer and did not reach consensus on the issue. However, the Task Force requested that
further consideration be given to the issue of affordable housing credits for the OTC dormitories.
The Housing Advisory Commission, at its January 25, 1995 meeting voted unanimously to
oppose EastLake receiving any credits for the athlete housing at the OTC. The draft Affordable
Housing Program and Agreement are consistent with this position, and would not provide credit
for OTC dormitory units.
6. Conclusion
Staff is recommending that the City Council consider the contents of the EastLake Affordable
Housing Program, and recommends further that Council adopt the Program, authorize the Mayor
to execute an Affordable Housing Agreement, as well as require that all future discretionary
approvals for the undeveloped portions of EastLake (e.g., General Development Plans, Sectional
Planning Area Plans, Tentative Subdivision and Final Subdivision Maps) integrate and adhere
to the policies contained in the EastLake Affordable Housing Program.
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Page 8, Item .2 {)
Meeting Date 7/25/95
FISCAL IMPACT:
No fiscal impact is anticipated with adoption of the Program or Agreement. Approximately
$10,000 of staff labor costs were expended in support efforts with the Task Force to formulate
the draft Program, of which approximately $5,000 were charged to Redevelopment Low and
Moderate Income Housing Funds and approximately $5,000 are being charged to EastLake
Development Company through a deposit account.
Attachments
1. City Conncil Resolution (including Exhibits A. B & C)
2. Locator
3. Planning Commission Minutes and Resolution
4. RCC and Housing Advisory Commission Minutes
5. Negative Declaration 18-95-21
6. Correspondence Received
(m: \home\planning\duane\eastlake\eastlake.cc)
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RESOLUTION NO.
/ 7 9Y~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING A PROGRAM FOR THE
PROVISION OF AFFORDABLE HOUSING WITHIN THE
EASTLAKE PLANNED COMMUNITY; AMENDING
RESOLUTION NO. 15200 AND APPROVING AN
AFFORDABLE HOUSING AGREEMENT
I. RECITALS
A. Project site.
WHEREAS, the area of land which is the subject matter of
this resolution is diagrammatically represented in
Exhibit A attached hereto and incorporated herein by this
reference, which is composed of what is commonly referred
to as the planned community of EastLake Phases II, III
and the Land Swap Parcels ("Project site"); and,
B. Project.
WHEREAS, the EastLake Affordable Housing Task Force has
recommended that the City Council consider the adoption
of the Affordable Housing Program for the Project site,
attached hereto as Exhibit "B" and incorporated herein by
this reference("Project"); and,
C. Developer.
WHEREAS, a person having control over all or a portion of
the development of the Project site is identified as
EastLake Development Company ("Developer"); and,
D. Prior City Council Action.
WHEREAS, On July 18, 1989, the city approved a Master
Tentative Map, for approximately 830 acres located within
the Eastlake Planned Community, by Resolution Number
15200 ("Eastlake Greens Original Tentative Map").
Condition Number 44 of Resolution 15200 required that a
low and moderate income housing program be established
with a goal of providing 5% low and 5% moderate income
housing units within the Eastlake Greens Tentative Map
area ("Affordable Housing Requirement"). (A 1% deviation
resulting in 4% low and 6% moderate income housing was
originally considered acceptable.) The city deferred the
Affordable Housing Requirement pending further evaluation
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of the General Plan density policies as related to
parcels R-24, R-25, R-26, R-27 and R-28; and,
WHEREAS, the city Council, as a Condition of Resolution
No. 17309 adopted December 12, 1993, for General Plan
Amendment GPA-93-04 (IGPA-93-04"), reinstated the
Affordable Housing Requirement previously established by
Condition No. 44 of Resolution No. 15200; and,
WHEREAS, the city Council, resolved per Resolution No.
17309, to create an ad hoc EastLake Affordable Housing
Task Force ("Task Force") for the express purpose of
creating an affordable housing implementation program for
the project Site; and,
WHEREAS, on August 16, 1994, the City Council amended by
Resolution No. 17618, the Eastlake Greens original
Tentative Map to include an additional 22.7 acres and
authorize development of a total of 3192 dwelling units
("Eastlake Greens Tentative Map")
WHEREAS, the proposed Project would serve as the low and
moderate income housing program for the Eastlake Greens
Tentative Map area and provide implementation policies
for establishment of affordable housing within the
remaining Project Site; and,
E. Application for Discretionary Approval.
WHEREAS, on December 21, 1994, the Task Force recommended
that the City Council consider the Project for adoption;
and,
F. Planning commission Record on Application.
WHEREAS, the Planning Commission held an advertised
public hearing on said project on June 14, 1995, and
voted 5-0 (two members absent) to recommend that the City
Council approve the Project in accordance with Resolution
PCM-95-15, and based upon the findings and subject to the
conditions listed below; and,
G. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was
held before the City Council of the City of Chula vista
on July 25, 1995, on the proj ect and to receive the
recommendations of the Planning commission, and to hear
public testimony with regard to same; and,
NOW, THEREFORE, BE IT RESOLVED that the city Council does
hereby find, determine and resolve as follows:
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II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the
Planning commission at their public hearing on this project
held on June 14, 1995, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record
of this proceeding.
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED
Mitigated Negative Declaration.
The City Council of the City of Chula vista has reviewed,
analyzed and considered the previously approved Mitigated
Negative Declaration on IS-95-21 (known as Document No. ____
on file in the Office of the City Clerk) and comments thereon,
the environmental impacts therein identified for this project
prior to approving the Project. Based on the Initial Study
and comments thereon, the Council finds that there is no
substantial evidence that the project will have a significant
effect on the environment and thereby adopts the Mitigated
Negative Declaration IS-95-21.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The city Council does hereby find that the Mitigated Negative
Declaration on IS-95-21 has been prepared in accordance with
requirements of the California Environmental Quality Act, the
State EIR Guidelines, and the Environmental Review Procedures
of the City of Chula vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The city Council finds that Mitigated Negative Declaration IS-
95-21 reflects the independent judgment of the City of Chula
vista City Council.
VI. ADOPTION OF PROGRAM
The city Council does hereby approve and adopt the Project on
the terms and conditions herein specified.
VII. AMENDMENT TO EASTLAKE GREENS TENTATIVE MAP
The City Council does hereby amend Condition No. 44 of
Resolution No. 15200, adopted July 18, 1989, for the EastLake
Greens Tentative Subdivision Map, to read as follows:
As soon as possible after the adoption of Resolution No.
, but in no event later than the recordation of the
Final Map containing the 1500th unit of this Tentative
Map, the city and the Developer shall have entered into a
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binding and recordable agreement ("Affordable Housing
Agreement") providing that among other things (1) after the
building permit for the development of the 2,550th unit within
the territory of this Tentative Map, as amended by Resolution
17618, has been issued, the city shall have the absolute and
unfettered right to withhold the issuance of any building
permits for any construction within the territory of this
Tentative Map until the Developer has under significant
construction 160 qualified low income housing units that meet
with the approval of the city; and (2) the Developer shall,
without regard to the further and additional development of
the territory of this Tentative Map, have under significant
construction, no later than June 1, 1998, 112 qualified low
income housing units that meet with the approval of the city.
said affordable Housing Agreement shall be executed by
Eastlake Development Company, and an abstract of the same
satisfactory to the city shall be recorded. The Affordable
Housing Agreement shall further provide that after significant
construction commences, it shall be diligently prosecuted to
completion pursuant to plans and agreements approved by the
city. Failure to reach agreement or violation of the
Affordable Housing Agreement, once reached shall be deemed a
violation of this condition.
Developer shall construct 160 moderate income housing units
and provide documentation satisfactory to the city's Housing
Coordinator that such units qualify as moderate income
housing. The documentation shall be submitted for approval by
the City's Housing Coordinator, no later than three months
from the date of sale of each moderate income housing unit or
for units sold prior to the adoption of Resolution No. ,
documentation shall be submitted within 5 months from the
adoption date of such Resolution. Developer shall complete
construction of the 160 moderate income housing units prior to
the city's approval of the Final Map containing the 3030th
unit of this Tentative Map. For purposes of this condition,
the term "moderate income housing units" shall mean housing
units which are offered to qualified families whose income
levels range from 80-120% of the regional median income.
Market-rate units may be qualified by the City's Housing
Coordinator as moderate income housing if such market-units
meet the definition of moderate income housing.
Except as modified herein, all other Conditions of Resolution
No. 15200 shall remain in full force and effect.
VIII.
APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT
The city Council hereby
Agreement, dated
attached as Exhibit "c"
reference, as a means to
approves the Affordable Housing
day of 95, a copy of which is
and incorporated herein by this
implement the low income housing
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requirement of Condition No. 44 of Resolution No. 15200. 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.
IX. IMPLEMENT MITIGATION MEASURES
Developer shall diligently implement, or cause the
implementation of, all mitigation measures pertaining to the
Project identified in Mitigated Negative Declaration IS-95-21,
prior to subsequent and appropriate discretionary approvals.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the terms or conditions of this approval shall fail
to occur, or if they are, by their terms, to be implemented
and maintained over time, and such conditions fail to be so
implemented and maintained according to their terms, the city
shall have the right to revoke or modify all approvals herein
granted, deny or further condition issuance of all future
building permits, deny, revoke or further condition all
certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek
damages for their violation. No vested rights are gained by
Developer or a successor in interest by the City's approval of
this Resolution.
XI. NOTICE OF DETERMINATION
The city Council directs the Environmental Review Coordinator
to post a Notice of Determination and file the same with the
County Clerk.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the city Council that its adoption of
this Resolution is dependent upon the enforceability of each
and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions or
conditions are determined by a Court of competent jurisdiction
to be invalid, illegal or unenforceable, this re olution shall
be deemed to be automatically revoke of no urther force
and effect ab initio.
ved /~ "f":P
Presented by
Robert A. Leiter
Director of Planning
(Ill: \ shar'ed\ 915res. ccr)
Bruce M. Boog
City Attorne
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EXHIBIT A
EASTLAKE NEIGHBORHOODS AND
SURROUNDING COMMUNITIES
Sail Creek
Ranch
EASTI.AKE
IIIl.lAGE
CENTER PlllCIDr \Ioh)'
EASnAKE
BUSINESS
CENTER
Olay Ranch
Village 5
Lower O/lJy Reservoir
CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~~~, Eastlake Affordable Housing lastlake Affordable Housing Task Force
C9 Task Force
~<?'m, Eastlake ~uut: To adopt an affordable housing program
for astloke.
SCAl.E , FILE NUMBER, ..2tl"-/5! ~ ~'fo
NORTH As Indicated PCM. 95.15
~lB\T B
DRAFT
PROGRAM FOR THE PROVISION OF
AFFORDABLE HOUSING
WITHIN THE EASTLAKE PLANNED COMMUNITY
Prepared Bv:
Eastlake Affordable Housing Task Force
John Moot (Planning Commission), Chairman
James Kell (Eastlake II), Vice Chairman
Gary Bloch (Eastkake I)
J.R. de Jesus Chantengco (Lending/Finance)
Dan Marcus (Non-Profit Housing)
Bill Ostrem (Eastlake Development)
Bob Snyder (Eastlake Development)
City Staff
Dave Gustafson, Assistant Director of Community Development
Juan Arroyo, Housing Coordinator
Duane E. Bazzel, Principal Planner
Edgar Batchelder, Senior Planner
Prepared For:
The Chula Vista City Council
December 21, 1994
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TABLE OF CONTENTS
PAGE NO.
EXECUTIVE SUMMARY .............................................. iii
I. INTRODUCTION I BACKGROUND ................................. 1
A. Purpose of the Task Force and .Program ........................ 1
B. Public Involvement ........................................ 2
C. The Chula Vista Housing Element and
Affordable Housing Program ................................. 2
II. EASTLAKE AFFORDABLE HOUSING REQUIREMENTS ................. 3
A. Eastlake I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
B. Eastlake II .............................................. 3
C. Eastlake III .............................................. 4
D. Eastlake Land Swap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
E. Olympic Training Center .................................... 4
III. EASTLAKE AFFORDABLE HOUSING PROGRAM I STRATEGIES. . . . . . . . .. 6
A. Definitions of Affordable Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
B. Proposed Eastlake Affordable Housing Program I Strategy . . . . . . . . . .. 9
1. Site Selection Criteria ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
2. Phase I . Immediate Efforts ........................... 11
a. Phase I f.rea Defined . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
b. Proposed Affordable Housing Site Locations
and Attributes ................................ 11
c. Implementation of Phase I ....................... 13
3. Phase II - Future Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
a. Phase II Area Defined .......................... 16
b. Proposed Affordable Housing Site Locations
and Attributes ................................ 16
c. Implementation of Phase II . . . . . . . . . . . . . . . . . . . . . .. 16
IV. SUMMARY OF NECESSARY IMPLEMENTING ACTIONS............... 19
A. Phase I Implementation Tasks . . . . . . . . . . . . . . . . . . . . . . . . . . . : . .. 29
B. Phase II Implementation Tasks .............................. 20
APPENDICES
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LIST OF FIGURES
FIGURE pAGE NO.
Figure A - Eastlake Neighborhoods and Surrounding Communities ....... 5
Figure B - Maximum Annual Household Income ..................... 7
Figure C - Affordable Rents and Sales Prices by Income Level
and Unit Size ...................................... 8
Figure D - Market-rate Housing in Eastlake Greens . . . . . . . . . . . . . . . . . . . 10
Figure E - Potential Affor.dable Housing Sites ....................... 15
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EXECUTIVE SUMMARY
In December, 1993, the City Council directed that a Task Force be formed for the
purpose of recommending a comprehensive affordable housing program for the
Eastlake Planned Community. This paper represents the Task Force recommendation
for a two-phased implementation program, both short-term and long-term, that will
achieve the goals and objectives of the City of Chula Vista Housing Element, that
complies with related approvals for the Eastlake project, addresses Eastlake residents'
concerns and input, and acknowledges contemporary economic constraints and
opportunities.
Affordable housing under the City's Affordable Housing Program is briefly defined as
for-sale or rental housing units which are offered to qualified families whose income
levels range from 50-80% of the regional median income (low-income), to 80-120% of
the regional median income (moderate-income). The median income level in San
Diego County for a family of four is currently $45,400. Financing or other creative
techniques are used to make up the difference between market-rate sales/rental prices
and those which families within these income levels can qualify for.
Through research and discussion, the Task Force recognized that the quality of
affordable housing projects today, in most cases, is the same as-that provided through
"market-rate" residential projects. These projects cannot be discerned as different from
other quality development projects. To inform the community of their findings, the Task
Force published articles in the Eastlake community newsletters and conducted a public
forum at Eastlake High School.
The Chula Vista Housing Element and City Council approvals for Eastlake require that
a minimum of 10% of the approved units be provided as affordable housing and that
one-half of those units qualify for low-income families. Based on a total of 6,958
residential housing units approved for development within Eastlake Greens, Trails,
Woods, Vistas and remaining undeveloped portions of Eastlake, a total of 696 low and
moderate-income housing units will be provided. Within the Greens (Phase I
Implementation), a total of 320 units, and in remaining areas (Phase II Implementation),
a total of 376 units. This affordable housing program identifies a total of 9 proposed
affordable housing sites, all of which will require additional evaluation and approvals
prior to final site selections.
Phase I of this program, representing short-term implementation tasks, consists of the
provision of 160 low-income housing units on a 24-acre parcel of land located directly
south of Eastlake High School. It is estimated that approvals could be obtained and
construction begin within 24 months of adoption of this program. The Task Force
determined that all of the required moderate-income housing units can and are being
provided throughout Eastlake Greens. Alternative low-income housing sites have been
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identified within or adjacent to the Greens if all 160 low-income units, required within
the Greens, cannot be achieved on the 24-acre site.
Phase II consists of a long-term implementation plan for providing affordable housing
units within all remaining undeveloped areas within Eastlake. The provision of
affordable housing will be addressed progressively at each future level of planning
evaluation and approvals (e.g., General Development Plans, Sectional Planning Area
Plans and Tentative and Final Subdivision Maps). Affordable housing will be addressed
at each level of project approval and timetables will be set for performance on various
tasks including affordable housing agreements and building permit phasing schedules.
Using this program as a guide for the provision of affordable housing within future
development areas of Eastlake, it is expected that development of future affordable
housing units will be commensurate with geographical development phasing.
At the end of this report a section has been included that summarizes the
implementation tasks necessary to be performed at each phase of the development
process. This information serves as a summary of the Phase I and Phase II
implementation tasks and will function as a quick reference, outlining the actions that
have to take place in order to implement the program.
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I. INTRODUCTION I BACKGROUND
A. Purpose of Task Force and Program
In December, 1993, the City Council directed that a Task Force be formed
of residents from the EastLake community, professional representatives
familiar with affordable housing provisions, a member of the Planning
Commission and representatives from the EastLake Development
Company, for the purpose of recommending a comprehensive affordable
housing program for the EastLake Planned Community that: (1)
addresses needs identified in the City's Housing Element, (2) complies
with related provisions of current government approvals for the EastLake
project, (3) addresses EastLake residents' concerns and input, and (4)
acknowledges contemporary economic constraints and opportunities
inherent to implementing alternative affordable housing solutions.
This paper represents the Task Force's recommendation to the City
Council for an affordable housing program for EastLake. The structure of
the program implementation consists of a phased approach, with the first
phase to be implemented in the short-term, and the second phase to be
refined and implemented commensurate with the geographic development
plans over time.
The Task Force recognized that there is a strong need to inform the
community of what constitutes the makeup of wage earners that actually
fall into the various income groups targeted for affordable housing. In
other words, the typical wage earners and the occupations associated
with affordability levels often represent people that we all work or deal
with every day. Another recognition of the Task Force was that the
quality of affordable housing projects, in most cases, cannot be discerned
from other quality development projects.
The Eastlake Affordable Housing Task Force has researched successful
affordable housing programs locally and in other areas of the state and
have found many common myths to be false. What is true are the
following factors:
1. Affordable homes today are designed and built to look like
surrounding neighborhoods.
2. People who rent or buy affordable housing are as stable and
community-spirited as those who live in higher-priced homes. They
belong to the PTA, the Neighborhood Watch, and sell Girl Scout
cookies.
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3. Many if not most people who buy or rent affordable housing
already live in the community or are people you know at work.
4. The presence of affordable homes in a community does not affect
the property values of surrounding higher-priced homes.
C, Public Involvement
In order to create and keep open a channel of communication, particularly
with Eastlake residents, the Task Force:
1. Published a brief article in the August 1994 "Currents" and
"GreensView" newsletters announcing the Task Force's existence
and purpose, and phone numbers for Eastlake representatives as
well as City staff
2. Published a second article in the September 1994 "Currents" and
"GreensView", profiling information about who affordable housing
is for and the importance of providing it. The article also
announced the location and date for an upcoming public forum on
affordable housing.
3. Held a public forum at Eastlake High School on September 29,
1994, to present the Task Force's findings and proposed program
for providing required affordable housing within the Eastlake
planned community, and to receive community input and reaction
to the proposed program. The forum, which involved a
presentation by the Task Force, a non-profit affordable housing
provider (Bridge), and City staff, was attended by 10 to 15
EastLake residents. Appendix A, attached hereto, contains
questions that were asked at the forum and responses to those
questions.
D. The Chula Vista Housing Element and Affordable Housing Program
The City of Chula Vista, along with all other cities in California, is required
by State Law to have a Housing Element as a component of its General
Plan. It describes the housing needs of the community, and the
responses necessary to fulfill them. State law require.s that Housing
Elements be updated every five years.
The Housing Element of 1991 contains numerous objectives and related
action programs. Key among these is the Affordable Housing Program
(AHP) which was conceived as a response to the onset of large-scale
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master planned communities. The AHP applies to projects involving 50
or more housing units and requires the reservation of 10% of the
development's housing units for low and moderate-income households,
with at least one-half of those (or 5% of the total units) for low-income
households.
II. EASTLAKE AFFORDABLE HOUSING REQUIREMENTS
A. Eastlake I - Hills, Shores, Village Center, Business Center Phase I.
The Eastlake I development, which includes the Hills and Shores
residential neighborhoods, was approved in 1985, and includes a total of
1,834 units, of which 101 low-income housing units were provided. These
residential neighborhoods have been completed with a resultant total of
9 low-income units constructed in excess of the minimum requirement.
This Program will address the following partially or undeveloped portions
of Eastlake.
B. Eastlake II . Greens, Trails.
The Eastlake II development was approved in November, 1989, and
authorized a total of 4,034 housing units involving both the Greens and
Trails neighborhoods. The Greens included 2,774 housing units and the
Trails 1,260 units.
In December, 1993, the City Council considered and approved an
amendment to the General Plan for 44 acres within the Greens which
resulted in the potential increase of 418 units to the Greens. Subsequent
approvals by the City will be required to establish the exact number of
units, however, this could bring the total number of units within the Greens
and Trails to 4,452. At present, only about 32% of the approved units
(1,032 units) within the Greens have been completed or have started
construction and' no units have final authorization for construction within
the Trails.
The total number of low-income housing units required to be constructed
within the Greens is 160', with a commensurate total of 160 moderate-
income housing units (5% /5%). Affordable housing requirements for the
Trails amounts to a total of 63 low-income and 63 moderate-income units
(5% / 5%).
I The City Council authorized the total low-income housing units for the Greens to be reduced to .c% of the project requirement
(128 units), with 6% for moderate-income units (192 units), if it is found that a loLaI ofS% 10000-income units are not found to be feasible.
See (ootnote *2 for additional provisions applied to the Trails.
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C. Eastlake III . Woods, Vistas, Business Center Phase II, Olympic
Training Center.
The Woods and Vistas have General Development Plan-level approvals
for a total of 1,767 housing units, which would amount to 88 low and 88
moderate-income units (5% I 5%).2 Subsequent levels of City Council
approval will still be required prior to authorization to construct units within
the Woods and Vistas.
D. Eastlake Land SwaD
In 1990, Eastlake Development Company and the Baldwin Company
executed an exchange of adjacent land holdings to create more logical
geographic planning boundaries between the Eastlake and Otay Ranch
development projects; hence the reference "Land Swap". The Land Swap
area contains 161 acres and is authorized at the General Plan-level only
which would authorize approximately 739 units at mid-range densities.
Subsequent planning approvals are expected within the next several
years, however, development timing for the area would likely be
coordinated with that of the adjacent Otay Ranch.
The total number of low-income housing units estimated for the Land
Swap properties is 37, with a commensurate total of 37 moderate-income
housing units (5% I 5%).
E. OlvmDic Trainina Center IOTCl
The Olympic Training Center facility, located on 160-acres adjacent to
Lower Otay Reservoir will contain a variety of open sports fields, ancillary
conference and training buildings, and 300-400 dormitory units for
athletes. Construction of the OTC, which commenced in 1992, is
expected to be phased over the next few years. Subsequent to approval
of the OTC, the City Council authorized an amendment to the General
Plan for the adjacent Vistas neighborhood in Eastlake III, to provide
support commercial and residential land uses next to the OTC.
The Eastlake Development Company has expressed interest in receiving
affordable housing credits for the installation of athlete's dormitory units
within the OTC. The Task Force has examined the potential and
2 A Development Agreement between the City Of Chula Vistl and the Eastlake Development Company coverinJ the Eutlake III
development area (also including the Eastlake Trails neighborhood), was approved in 1990. This agreement states that the City
IcknO\\'ledgcs that low and moderate income housing may be economically impractical to build at currcnt density levels, and that the City
agrees that it will consider granting Developer density bonuses and/or other incentives.
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appropriateness of this approach, and while there was no consensus
reached on this issue, the Task Force requested that further consideration
be given to affordable housing credits for the OTe dormitories.
FIGURE A
EASTLAKE NEIGHBORHOODS AND
SURROUNDING COMMUNITIES
Salt Creek
Rench
IASTLAKE
aUSINESS
CENTER
I.f,.S'T\.AI(!
~,.,
OIey Rlnch
Village 5
OW)' Ranch
\lll1egI11
Eeltlm Urtlln
Center
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III. EASTLAKE AFFORDABLE HOUSING PROGRAM / STRATEGIES
A. Definitions of Affordable Housing
In September, 1993, SANDAG prepared common definitions to be used
by all the jurisdictions to account for new affordable housing units,
especially those added by the private sector. The resulting annual income
figures according to income group and family size, and affordable rent and
sales prices by unit size are presented in Figures Band C respectively.
What the exhibits show are the various income qualification levels for not
only low-income 180% of median income) and moderate-income 1120%
of median income\. but also very low-income 150% of median income).
The median income today in San Diego, for a family of four, is $45,400
per year.
The provision of an adequate amount of affordable housing is a problem
throughout Southern California, including Chula Vista. Over the past two
decades, housing prices have soared ahead of family incomes. Today,
the average price of a two-bedroom home in Chula Vista is $157,900.
Additionally, workers' salaries have increased modestly or remained
stagnant in recent years. Today's median income of $45,400 a year for
a family of four in the San Diego region is barely enough to afford the
basic three-bedroom house. Home ownership for many people has been
out of the question.
The affordable housing shortage is no means confined to for-sale housing.
Being able to afford the average monthly rent for apartments in Chula
Vista is a major problem for those working people whose incomes are
below 50 percent of the median ($22,700). Appendix D identifies
employment profiles, based on a family of four, by income group. This
exhibit effectively demonstrates the types of occupations that typically fall
within the targeted affordable housing income levels. As an example, an
Accountant II earns approximately $36,300 a year. If this individual were
supporting a family of four, this would qualify the family within the low-
income range.
The most significant factor in providing for-sale and rental of market-rate
homes to buyers that cannot qualify due to their income level, is providing
a means to eliminate the difference between affordability levels and actual
loan or rental costs. This difference, known as the "afford ability gap",
must be eliminated in order to make market-rate homes available for
lower-income families. There are a variety of ways to reduce or remove
this gap, many of which take the form of subsidies which are provided
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through many different sources. An example of what these programs
consist of is listed in Appendix B to this report.
FIGURE B
MAXIMUM ANNUAL HOUSEHOLD INCOME
BY FAMILY SIZE AND INCOME GROUp.
ANNUAL HOUSEHOLD INCOME LEVELS - FY 1994-95 ..
Family Size Very Low Low Median Model'll. Above Mod.
(50%) (80%) (100%) (120%) (121%+)
1 I. 15,900 25,400 31,800 38,150 38,151+
2 18,150 29,050 36,300 43,600 43,601+
3 20,450 32,700 40,850 49,050 . 49,051+
4 22,700 36,300 45,400 54,500 54,501+
5 24,500 39,200 49,050 58,850 58,851+
6 26,350 42,150 52,650 63,200 63,201 +
7 28,150 45,050 56,300 67,600 67,601+
8 29,950 47,950 59,950 71,950 71,951+
.
Table data derived from HUD Fiscal Year 1994-95 Income Limits for San Diego County as
published May 31, 1994, and obtained from the State Department of Housing And Community
Development.
..
Percentages shown are of median income; resulting figures reflect the maximum allowable
income for the respective income category.
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FIGURE C
AFFORDABLE RENTS AND SALES PRICES BY
INCOME LEVEL AND UNIT SIZE ·
FY 94-95 FY 94-95 FY 94-95
No. of Affordable Housing Affordable
Level of Income Bedrooms Rents Exoense .. Sales
Very Very Low Studio $171 $204
1 239 272 $32,670
2 298 341 40,860
3 339 395 47,385
4 382 450 53,955
5 432 504 60,480
Very Low Studio $307 $340
1 421 454 $54,450
2 525 568 68,100
3 602 658 78,975
4 677 749 89,925
5 768 840 100,800
Low Studio $512 $545
1 693 726 $87,120
2 865 908 108,960
3 997 1,053 126,360
4 1,127 1,199 143,880
5 1,272 1,344 161,280
Moderate Studio $784 $817
1 1,056 1,089 $130,680
2 1,319 1,362 163,440
3 1,524 1,580 189,540
4 1,727 1,799 215,820
5 1,944 2,016 241,920
. Figures in this table apply a persons-per-bedroom rate in determining the family
size whose annual income is then used to derive the affordable rates shown.
.. Applies to rental housing, and reflects a monthly utility allowance.
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B. Proposed Eastlake Affordable Housing Program 1 Strategy
As a result of the phased implementation of the Greens project and future
development scenarios for the remaining EastLake holdings, it appears
that a phased affordable housing program would best meet short-term
performance requirements, and allow enough flexibility to respond to
economic conditions through the remainder of the project. Figure E
identifies potential low-income housing sites that, however, have not
received development entitlements.
Targeted moderate-income units (80-120% of median income) within
Eastlake have been found to be adequately provided through market-rate
housing units that are proposed in subsequent phases or have already
been provided. This is demonstrated in Figure D. The Task Force
decided that since the moderate-income housing units will be provided
and dispersed throughout the development, that the primary focus of the
Program should be targeting low-income units (50-80% of median
income).
1. Site Selection Criteria
Each of the potential sites identified on Figure E must be analyzed
through subsequent levels of planning analysis and review and
ideally be selected based on the following selection criteria. With
the exception of the following Phase I requirements, this Program
is in no way meant to prejudice future siting considerations for
affordable housing. The City Council shall have full and
independent authority to decide on the appropriateness of each of
the potential sites, or others that may be identified in the future. In
determining the appropriate locations for affordable housing sites,
the following selection criteria should be used:
a. Units should be located near public transit facilities, including
bus routes.
b. Units should be located within walking distance (ideally 1/4
mile) of retail commercial services and support services.
c. Units should be located near public park facilities, however,
most of the projects will be provided internal open space.
d. Every effort should be made to make targeted sites
compatible with adjacent residential (Le., densities, design,
etc.).
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FIGURE D
MODERATE.INCOME HOUSING
IN EASTLAKE GREENS
Units Below Units from Units from
Project Bed/Bath $163,440 $163,440 to $189,540 $189,540 to $215,820
RGC 2/2 33
(Lot R-22) 3/2 68 37
CYPRESS 3/2 51
(Lot R-14) 4/2 35
CLASSICS 2/2 35
(Lot R-24 312 42
& 25)
4/2 47
MASTERSI 2/2 13
BRISTOLWOOD 312 93
(Lot R-17)
412 38
VILLAS 2/2 33
(Lot R-19) 312 81
(Lot R-20) 3/2 55
412 54
TOTAL 182 441 92
Note: The total moderate-income housing requirement for Eastlake Greens and remaining undeveloped
areas is 348 units, or 5% of the total number of authorized units. Based on the above table, at
least 715 moderate-income units are expected to be provided within Eastla~e.
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2. Phase I - Immediate Efforts
a. Phase I Area Defined.
The Phase I area of the EastLake Affordable Housing
Program consists of the entire EastLake Greens Master
Tentative Subdivision Map area, including those portions of
the Eastlake Land Swap incorporated as part of a revision
to the EastLake Greens Master Tentative Subdivision Map
approved by the City Council in August, 1994.3 The total
number of units within the Phase I area is 3,192 units.
b. Proposed Affordable Housing Site Locations and Attributes.
The following sites have been targeted as proposed low-
income housing site(s) within or adjacent to the EastLake
Greens community. One site has been identified as the
primary site for the provision of housing units targeted for
low-income families, and it is anticipated that this site will be
built on within the next two years. Two secondary sites are
also identified in case the primary site cannot absorb the
total Phase I requirement of units (160 units). Moderate-
income sites are anticipated to be distributed throughout the
Greens neighborhood and have not been graphically
identified.
(1) Site #1 - Primary site
Site #1, depicted on Figure E (also identified as
Parcel R-26 on the Greens SPA plan), is a 24-acre
parcel of land located directly south of EastLake High
School and the S.D.G. & E. utility easement. This
parcel is bounded on the west by the SR125 right-of-
way, on the east by EastLake Parkway and on the
south by the future extension of East Palomar Street
and a large enclosed water storage facility. The
General Plan Land Use Diagram designates this
property as "Residential Medium-High" (RMH),
however, current entitlements permit only 4.5 dwelling
units per acre. A General Development Plan and
, As a result of a City Council-approved Tentative Subdivision Map condition which deferred the Greens .ffordable housing
requirements in 1989, . unique situation exisu which has pcrmiued development to proceed within this planned community without
largeting the construction of low~or moderate-income housing units. As. result of this condition, the Greens has apprOlimately 1/3 of
ilS 3.192uniu completed, therefore, this Program anticipates the provision of .ffordable housing units in the IborHe-rm.
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SPA Plan Amendment will be required to enact the
RMH General Plan designation and, if approved at
mid-range densities, the property could permit up to
348 total units. The City Council approved the
General Plan density increase on this parcel after
considering compatibility with adjacent land uses, the
need to provide a balance of housing product types
and the increased opportunity to meet the Greens
affordable housing requirements. This site has been
reviewed by the Task Force for compatibility with the
selection criteria identified previously. The Task
Force has found that the site is compatible with
adjacent land uses, is located along a future express
bus transit route, and is approximately 1/4 mile from
a community park and a future retail shopping center.
(2) Site #2 - Secondary site
Site #2, depicted on Figure E (also identified as
Parcel R-9 on the Greens S~A Plan), is a 20-acre
parcel located west of the S.D.G. & E. easement,
immediately north of future East Orange Avenue and
east of EastLake Parkway. This site is combined with
a 25-acre parcel of land located within the Land Swap
area, also located south and west of the S. D. G. & E.
easement, immediately adjacent to Eastlake Parkway..
Access to Site #2 will likely be provided from
EastLake Parkway. However, this site will require
Prezoning and Annexation, the approval of a General
Development Plan and SPA Plan and the extension
of infrastructure (e.g., roadway, sewer, water, etc.).
Site #2 is identified as a supplemental site for the
provision of the balance of the 160 low-income units
required as part of Phase I of the EastLake Affordable
Housing Program. The Task Force has reviewed Site
#2 and finds that this site also meets the selection
criteria identified previously.
(3) Site #3 - Alternative Secondary site .
Site #3, depicted on Figure E, is a 17-acre site
located west offuture SR-125 and south of Telegraph
Canyon Road. This site is bounded on the west by
the S.D.G. & E. easement and future single family
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residential development included in Village 5 of the
Otay Ranch. This site is currently designated as
"Professional and Administrative" (permits commercial
office) on the General Plan Land Use Diagram. An
alternate secondary site has been selected for the
following reasons: (a) Site #2 may not be
developable within a reasonable timeframe due to
delays in the provision of infrastructure (e.g.,
extension of roads and utilities), and (b) Site #3, if
land use relationships are found to be compatible
through further planning analysis, has earlier
development potential due to proximity to support
services, minimal infrastructure needs, and close
access to transportation facilities. A revision to the
General Plan, Prezoning and Annexation of the
property, and the approval of a Precise Plan would be
required to implement the site as a low-income
housing site.
c. Implementation of Phase I.
(1) Performance Criteria
The Eastlake Development Company, or its
successors, shall enter into a Affordable Housing
Agreement (AHA) with the City of Chula Vista to
construct 160 low-income housing units on Site #1,
as identified above. If all 160 low-income housing
units cannot be provided on Site #1, then the
agreement shall include provisions for the
construction of the remaining units on Site #2 or #3.
The Agreement shall delineate how and when the
units will be provided, including intended subsidies,
income/rent restrictions and methods to verify
compliance. Also included, shall be specific details
regarding site location, number of units, mix of
bedrooms for targeted units and the principals
involved in the funding and construction of the units.
The Agreement shall also identify the number,
location and pertinent financial data regarding the 160
moderate-income housing units to be located within
the Greens neighborhood, subject to the approval of
the Director of Community Development Department.
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(2) Enforceability
The Affordable Housing Agreement for Phase I of the
Eastlake Affordable Housing Program shall be
executed prior to the issuance of the 2.230th building
permit for the Eastlake Greens subdivision. This
benchmark is estimated to represent 70% of the
Greens project.
Building Permits for those targeted units to be
developed on Site #1 shall be issued prior to approval
of the 2.550th unit of the Eastlake Greens
subdivision. This represents approximately 80% of
the units within the Eastlake Greens subdivision.
Building Permits for the remaining Phase I low-
income units targeted for Site #2 or #3 (if necessary)
shall be issued prior to approval of the 3.030th unit of
the Eastlake Greens subdivision, or 95% of the units
within the Eastlake Greens subdivision. The
extension of infrastructure may dictate this delay in
the provision of low-income housing units.
The above benchmarks for performance are intended
to allow sufficient time for appropriate planning and
document approvals, and to ensure that affordable
housing units are constructed in a timely manner
along with other market-rate housing. If compliance
with the above policies are not adhered to, the City
shall not issue additional building permits for the
Eastlake Greens subdivision until full compliance is
guaranteed.
(3) Potential Multiple Family Project
The City has initiated discussions between
experienced non-profit affordable housing developers
and Eastlake about the possibility of developing a
large apartment complex (120-160 units) on Site #1
for lower income families in Eastlake. Many non-
profit builders have extensive experience in
developing successful affordable housing projects
throughout California. In light of recent discussions,
the likelihood of short-term Phase I implementation
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appears positive. It is anticipated that, based on the
Eastlake Development Company's construction
schedule and site negotiations, Site #1 could be
developed within 24 months of the date of this
program's adoption.
FIGURE E
POTENTIAL AFFORDABLE HOUSING SITES
PHASE I AREA
LEGEND
CD Potentia' Affordable Housing Sites
PHASE I AREA
PHASE II AREA
dIJ,;J?
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3. Phase II - Future Efforts
a. Phase II Area Defined
The area defined as Phase II of the EastLake Affordable
Housing Program consists of all of the remaining
undeveloped areas within the EastLake community, as
graphically depicted in Figure E. These areas include the
Trails, Woods, Vistas, Village Center, Business Center and
the Land Swap.
b. Proposed Affordable Housing Site Locations and Attributes
As a result of the uncertainty of future amendments being
contemplated by Eastlake Development Company, as well
as unknowns regarding future economic conditions, Phase
II is not intended to be specific in terms of exactly where the
ultimate affordable housing sites for future Eastlake
development will occur, but rather give some idea of where
potential sites might be located, set up the regulatory
framework for future approvals, and provide guidelines for
implementation. Phase II shall be refined and appropriate
steps taken, as described below, concurrent with approval
of the first SPA Plan for the Woods, Trails, Vistas and
remaining Land Swap areas. Figure E depicts a total of
nine potential affordable housing sites that may be selected
to provide future low income units to be developed
concurrent with those development areas. As stated
previously in Phase I, these sites will require additional
planning review and analysis and consideration of the site
selection criteria discussed previously in Section 3D. These
proposed sites may also require, in most. cases,
consideration of density transfers, increases and/or shifting
of land use locations.
c. Implementation of Phase II
(1) Performance Criteria / Enforceability
General Development Plan Amendments
Concurrent with the submittal of any revised General
Development Plan for the Trails, Woods and/or Vistas
the Eastlake Development Company, or its
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successors, shall identify the type and location of
proposed affordable housing site(s). Proposed
housing sites shall be reviewed for consistency with
this program and where there are differences
proposed, these shall be identified and addressed in
the General Development Plan.
SPA Plans
Each of the SPA Plans submitted for future
development areas, including the Trails, Woods and
Vistas, shall contain an affordable housing component
which shall be consistent with the governing General
Development Plan and with this Program. The City's
Housing Coordinator shall notify the Housing Advisory
Commission, and other interested parties, of pending
SPA hearings. The following information shall be
provided within subsequent SPA plans within the
Phase II area:
(a) Consistency with Affordable Housing Programs
The SPA plan housing section shall identify
how the plan is consistent with the City of
Chula Vista Housing Program as well as the
Eastlake Affordable Housing Program.
(b) Location of Affordable Housing Units -
The SPA plan housing section shall identify
where the affordable units will be located, by
income group, number, type and tenure.
(c) Phasing of Affordable Housing Units -
The SPA plan housing section shall include an
acceptable phasing program for the timely
provision of the affordable housing component
in the earliest development phase as possible.
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(e) Identify all local, state and federal incentive
and funding programs -
The SPA plan housing section shall identify all
funding programs which will be employed to
provide the reserved units, including but not
limited to density bonus programs, tax exempt
mortgage revenue bond financing, and the use
of non-profit partners. Where density bonuses
are intended, the SPA plan shall indicate the
following:
. the area or areas where such bonuses
are to be applied;
. the number of bonus units and total
project units within those area(s);
. the increased level of infrastructure
necessary to accommodate the units;
. the income level of affordability of the
bonus units;
. whether the bonus units are for families
or senior citizens;
. the duration of reservation.
(f) Alternate building technologies/materials
Indicate the extent to which alternate building
technologies andlor materials are proposed to be
used in both market rate and restricted units.
(g) Affordable Housing Agreement(s)
The housing component of each SPA Plan shall
identify the timing and contents expected with the
adoption of a Affordable Housing Agreement(s) (AHA)
which will guarantee the provision of the housing
units described in the plan. The formulation of such
agreement(s) shall be handled in a tiered fashion,
starting at the SPA level and progressing in specificity
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and detail through subsequent planning processes,
with final project-specific agreements required prior to
the recordation of the respective final subdivision
map, or final project approval where the subdivision
of land is not involved. The following is an example
of the information to be contained in a agreement(s):
. Site acquisition, pre-development and
development.
The general financing strategies, the roles and
commitments anticipated of the various
players, including the City, Eastlake and/or
non-profits to bring projects about. Site
development issues, density bonus', DIF
payment deferrals, or any other concessions or
special processing considerations to be
requested of the City.
. Tenant / Owner Assistance.
Define/describe, based on any identified
affordability "gaps", the type and amount of
individual household assistance programs
which may be needed to provide units to
qualifying families. Identify any issues this
might present to marketing, sales and/or
lending circumstances for the project developer
or Eastlake Development Company.
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IV. SUMMARY OF NECESSARY IMPLEMENTING ACTIONS
In order to ensure implementation of the various provisions of the Eastlake
Affordable Housing Program / Strategies as presented in this document, it will
be necessary for both the City and Eastlake Development Co. to meet certain
milestones during the course of future planning and permit processing for the
Eastlake Community over both the near and longer-term.
The following is thereby provided to clearly identify those actions required of the
City Council, staff, and/or Eastlake Development Co. during the continued
processing of the combined Eastlake projects so that prerequisites and
commitments necessary to eventually construct the affordable housing units are
achieved in a timely manner. Such prerequisites and commitments could range
from input on the necessity for any General Plan Amendments or prezonings to
create sufficient density, and/or the need for the City to consider density
transfers or clustering. housing product type mixes, or special financial incentives
during the review of future GDP, SPA and Tentative Map applications.
A. PHASE I IMPLEMENTATION TASKS
SITE #1
1. General Development Plan (GDP) Amendment
Applicant shall submit applications and obtain approvals for an
amendment to the Eastlake II General Development Plan.
2. Sectional Planning Area (SPA) Plan
Applicant shall submit applications and obtain approvals for an
amendment to the Eastlake Greens SPA.
3. Design Review Committee
Applicant shall submit applications and obtain approvals for the site
plan and architectural design from City's Design Review
Committee.
4. Affordable Housing Agreement
Applicant shall negotiate and execute an agreement with the City
of Chula Vista for the guarantee of the prescribed number of
affordable housing units.
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SITE #2 (Lot R-9 of Eastlake Greens)'
1. General Development Plan Amendment
Applicant shall submit applications and obtain approvals for an
amendment to the Eastlake II General Development Plan (for Site
#2).
2. Submit Sectional Planning Area (SPA) Plan
Applicant shall submit applications and obtain approvals for an
amendment to the Eastlake Greens SPA.
3. Design Review Committee
Applicant shall submit applications and obtain approvals for the site
plan and architectural design from City's Design Review
Committee.
4. Affordable Housing Agreement
Applicant shall negotiate and execute an agreement with the City
of Chula Vista for the guarantee of the prescribed number of
affordable housing units.
SITE #3 (If further planning analysis determines that this site meets the
criteria as a affordable housing site)
1. General Plan Amendment
Applicant shall submit applications and obtain approvals for a
General Plan Amendment to change the land use designation for
Site #3 from "Commercial Professional & Administrative" to
"Residential Medium-High" (11-18 du/ac).
. Sne 112 is designated primarily as Lot R.9 of Eastlake Greens. however, a pOl1ion of the Eastlake Landswap may be
considered for Phase I implementation tf the number of k)w~lncome housing units for Phase I (160 units) Ire not accommodated
on Site '1. Implementation would require approval of I Prezonlng and General Development Plan, Annexltion, SPA Plan;
Tentltive Subdivision Map, Affordable Houling Agreement, Finar Subdivision Map and Deatsn Review Committee approvals.
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SITE #2 (Lot R-9 of Eastlake Greens)'
1. General Development Plan Amendment
Applicant shall submit applications and obtain approvals for an
amendment to the Eastlake II General Development Plan (for Site
#2).
2. Submit Sectional Planning Area (SPA) Plan
Applicant shall submit applications and obtain approvals for an
amendment to the Eastlake Greens SPA.
3. Design Review Committee
Applicant shall submit applications and obtain approvals for the site
plan and architectural design from City's Design Review
Committee.
4. Affordable Housing Agreement
Applicant shall negotiate and execute an agreement with the City
of Chula Vista for the guarantee of the prescribed number of
affordable housing units.
SITE #3 (If further planning analysis determines that this site meets the
criteria as a affordable housing site)
1. General Plan Amendment
Applicant shall submit applications and obtain approvals for a
General Plan Amendment to change the land use designation for
Site #3 from "Commercial Professional & Administrative" to
"Residential Medium-High" (11-18 du/ac).
. Site 112 is designlled primlrily IS Lot R.9 01 EISUlke Greens, however, I portion olllle EISUike Llndswlp mlY be
considered for Phlse I implementation if the number of low-income houling untts for Phlse I (160 units) Ire not Iccommodlted
on 8fte.L Implementation would require approval of. Prezoning and Genera' Development Pilln. Annexation, SPA Plen,
Tentll,ve Subdivision Map, AlIorclable Housing Agreemenl, Final Subdivision Map Ind Design Review Commmee Ipprovals.
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2. Prezoning
Applicant shall submit applications and obtain approvals for a
prezoning of the 17 acre site to an appropriate Muliple-family
Residential zone.
3. Annexation
Applicant shall submit applications and obtain approval from the
City and LAFCO for annexation into the City of Chula Vista.
4. Design Review Committee
Applicant shall submit application and obtain approvals for the site
plan and architectural design from City's Design Review
Committee.
5. Affordable Housing Agreement
Applicant shall negotiate and execute an agreement with the City
of Chula Vista for the guarantee of the prescribed number of
affordable housing units.
B. PHASE II IMPLEMENTATION TASKS (Implementation tasks are similar
as those stated for Phase I above)
1. General Development Plan Amendment
2. Annexation
3. Sectional Planning Area (SPA) Plan
4. Tentative Subdivision Map
5. Affordable Housing Agreement
6. Final Subdivision Map
7. Design Review Committee
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APPENDICES
APPENDIX A -
APPENDIX B-
APPENDIX C-
APPENDIX D-
APPENDIX E-
I USSUE' C PAP}
Responses to Questions Asked at Public Forum
Programs and Techniques for the Provision of Affordable Housing
Affordable Housing Requirements and Implementation Status
Employment Profiles by Income Group
Glossary of Terms
eJtJ'J/~ ~()- If"
APPENDIX A
RESPONSES TO QUESTIONS ASKED AT A PUBLIC FORUM
HELD ON SEPTEMBER 29,1994 AT EASTLAKE HIGH SCHOOL
Question: Why was there not more emphasis on home ownership opportunities
versus rentals?
ReSDonse: There is and will be an adequate supply of for-sale affordable housing
provided by market forces in Eastlake Greens. Three of the projects
currently being built and sold qualify as housing for moderate-income
families as defined by the affordable housing task force. Housing for low-
income families will be designed and built to the same standards as
housing for families in higher-income housing.
Quality rental housing has always been contemplated as being a part of
the Eastlake community plan. The emphasis her.e is quality which will
apply to the affordable housing that will be designed and built for
Eastlake.
Question: Will the apartment tenants belong to the homeowners association
and be able to use the facilities?
ReSDonse: It is not known yet whether the affordable housing residents will have their
own common area facilities and/or whether they will have access to the
homeowners' association facilities. If they do use homeowners'
association facilities, their use will be paid for in dues just like other
resident members of the association. There will be no free use of
homeowners' association facilities by any residents.
Question: Who's going to enforce the CC & Rs and take action on any
violations?
ReSDonse: The property management company, as part of its contract to manage the
housing units, will be required to enforce the homeowners' association CC
& Rs as part of its overall management responsibilities of the property.
Question: Will the affordable housing owners be required to pay Mello-Roos?
ReSDonse: Yes. The Mello-Roos financing mechanism runs with the land,
irrespective of what income level of housing is built.
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Question: Are you going to spread out the affordable housing units throughout
the community to avoid over-concentration or ghettos?
Response: First, it's important to keep in mind the affordable housing that will be built
in Eastlake is designed and built to the same appearance and
construction standards as housing for other families. The people who
already live and work in the community. Various affordable housing
projects will be located throughout the community.
Question: Will anyone neighborhood, such as Eastlake Greens, have to carry
the brunt of the affordable housing requirement for the entire
community?
Response.' No. The sites will be located in areas now being developed as well as
areas where future development will occur.
Question: Will the non-profit builder be local or from out-of-town?
Response. A non-profit provider is represented on the Eastlake Affordable Housing
Task Force and it is expected that participation by local non-profits in
providing the needed affordable housing for the Eastlake community will
occur.
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APPENDIX B
PROGRAMS AND TECHNIQUES FOR
THE PROVISION OF AFFORDABLE HOUSING
The following is a list of programs and strategies which have been successfully
implemented in the past which are designed to close the affordability gap, depending
on the uniqueness of each household.
These programs however, like most financial resources are limited and in most cases
not sufficient to meet the great need which exists for affordable housing. Additional
efforts are needed to continue to identify more methods and techniques for the
provision of affordable housing.
Affordable Housina Assistance Proarams
Development Stage
. Density Bonus - 20% of units set aside for low-income households,
reduction in site development standard and or other regulatory
concessions.
. Joint Venture Partnerships - Private and non-profit developers join
together each bringing unique incentives to table.
. Fee Waiver/Reduction - Development fee reduction contribution in
exchange for concessions.
. Land Set Asides - If unit construction by developer not feasible equitable
donation of building site for other entity to build.
. In Lieu Contributions - If project proven to be economically infeasible
acceptance of financial contribution in trust for affordable housing.
. Off-Site Projects . Off-site location provided it meets original
requirement.
. Non-Profit Housing Corporations - Specialized corporation - access to
private money - sole purpose is affordable housing.
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OwnerlTenant Assistance Stage
. 1st Time Homebuyer Programs
-
Mortgage Credit Certificate. Federal Income Credit - 20% annual
credit against Federal income taxes. Value increases applicant
affords higher mortgage payment.
-
Silent Second Mortgage - No monthly payments, not due until
sale of unit.
-
Downpayment Assistance - Provides financial assistance to help
with down payment.
. Section 8 Rental Assistance Certificates - Federal program which
provides financial assistance to qualified tenants with the difference
between 30% of their monthly income and fair market rent.
Funding Sources
. HOME. New Federal source of funds to promote housing production.
Funds can be used to acquire property, rehabilitation, new construction,
etc.
. Community Development Block Grant (CDBG) - Federal funds
available to cities to promote housing and community development
activities.
. Housing Set Aside - 20% of redevelopment tax increment set aside for
housing projects.
. Mortgage Revenue Bonds - Tax exempt source of revenue for
production of units - restrict 20% of units for ten years - households under
80%.
. Federal Home Loan Bank.Affordable Housing Program - Nonprofits
apply through financial institutions for either direct equity subsidy or
interest-rate writedown on permanent loans. Funds both rental and
ownership projects at an average of $5,000 per unit.
. Low Income Housing Tax Credits (Federal and State of CAY -
Nonprofit and for-profit developers access these equity investments for
new construction of rental projects. Tax credits provide tax incentives for
corporations to invest as project general partners (developers are limited
B-2
dP'5!
partners). Project equity accessed through L1HTC syndicator like Mission
First Financial and California Equity Fund.
. State Bond Funds - In past years the State of California has had funding
available for low-interest loans for predevelopment, acquisition and
rehabilitation, self-help, mobile home park acquisition, and new
construction. Housing advocates are pushing for a new housing bond to
revive these programs.
. Local Initiatives Support Corporation (LlSC) - Through its local office,
this national non-profit offers low-interest. unsecured and secured loans
of early stage, predevelopment funds to community-based non-profits.
. Low Income Housing Fund, Savings and Mortgage Consortium
(SAMCO), and California Community Reinvestment Corp. (CCRC) -
Three different consortia of financial institutions providing below-market
rate predevelopment, construction, and permanent loans to non-profit
affordable housing developers.
. HOME.CHDO - 15% of City's HOME funds. must be utilized in
developments by community-based non-profit housing developers.
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APPENDIX D
EMPLOYMENT PROFILES BY INCOME GROUP
(Based on a Family of Four)
Very Very Low Very Low Low Moderate
35% Median 50% Median BO% Median 120% Median
$15,890 $22,700 $36,300 554,500
($7.64 per hr.) ($10.91 per hr.) ($17.45 per hr.) ($26.20 per hr.)
Dental Assistant Secretary Librarian III Fire Captain
Retail Manager ClerklTypist Assistant Planner Superv. Economist
Bookkeeper I Machinist Biologist II Associate Engineer
Teller Auto Mechanic Fire Fighter II Mainten. Superv.
Stock Clerk Welder Accountant II Associate Planner
WaiterlWaitress Truck Driver Building Inspector I Property Agent
Nurses Aid Deputy City Clerk Senior Buyer Sr. Plan Techn.
Custodian I Tree Trimmer Junior Engineer Police Sergeant
Pool Guard I Lifeguard I Park Designer
Library Aide Cashier District Manager
Recreation Aide Account Clerk
e2tJ,5? ) /J.6 -57
t
(.~
APPENDIX E
GLOSSARY OF TERMS
Affordable Housing - Residential housing units, either rentals or for-sale, that are
targeted for families which qualify within pre-determined income levels.
Affordable Housing Program (AHP) - A program that provides an action plan for
providing affordable housing units.
Affordable Housing Agreement (AHA) - A legally-binding contract between the City
and the developer of residential units that defines the terms (Le., number and size of
units, prices, etc.) that targeted affordable housing units will be sold or rented for.
Affordability "gap" - The difference between what a family can afford to pay for
housing and what the market price is.
Annexation - Incorporation of property within the jurisdiction of a city. Most services
(e.g., sewer, police and fire protection, etc.) are typically provioed by the governing
jurisdiction.
Building Permit - Authorization given by the governing jurisdiction (City) to construct
one or more structures.
Density - The number of residential units that can be built within a single acre of land.
Final Subdivision Map - The final recorded legal documents which establish a
division of land. Typically submitted to the City, these documents include final grading
plans, erosion control plans, legal descriptions of property and deed restrictions.
General Development Plan (GDP) - A plan, consisting of a map diagram and text,
which is required to accompany the application of the PC (Planned Community) Zone.
This plan depicts a refinement of land use arrangements generally described on the
city's General Plan.
General Plan - A document consisting of diagrams and text which identify or describe
goals for the future physical, social, and economic development for the City of Chula
Vista as well as the public policies to attain those goals.
Housing Element - A State of California-mandated element of the City's General Plan
embodying a comprehensive analysis and update of basic housing data and growth
projections as well as goals, objectives, policies and programs to address housing
E-1
.).~ ~ S-y
'?
needs in the City. The Housing Element was revised in 1991 and is required to
updated every five years.
Low-income - Household whose annual income is between 50% and 80% of the
median income for the area ($36,300 in 1994).
Land Swap - A total of approximately 161 acres of land located south and west of
Eastlake Greens that was obtained from the Baldwin Company, developer of the
adjacent Otay Ranch, in exchange for the 160-acre Eastlake IV development property
located on the west side of future SR-125.
Moderate-Income - Household whose annual income is between 80% and 120% of
the median income for the area ($54,500 in 1994).
Market-rate housing - For sale or rental housing built and made available to the
public without any public or private subsidy and sold or rented based on supply and
demand market conditions of the area.
Prezoning - The application of certain uniform regulations and requirements or various
combinations thereof to a property being considered for annexation into the City. Upon
annexation, these regulations and requirements would apply to' activities that occur on
the property.
SANDAG - San Diego Association of Governments. An organization consisting of staff
and policy makers representing each of the City's within the County of San Diego, as
well as the County of San Diego, charged with administering regional planning policies.
Sectional Planning Area (SPA) Plan - All Planned Community (PC) zones in the City
shall be divided into sectional planning areas. These areas of subcommunities shall
be depicted on the plan diagram of the general development plan of a PC zone.
Tentative Subdivision Map - In order to divide a parcel of land into 5 or more parcels
or create a condominium ownership of 5 or more units, a map, recognized by the State
of California, must be filed with the agency having jurisdiction over the land where he
subdivision is proposed.
Very Low-Income - Household whose annual income is at or under 50% of the
median income for the area ($22,700 in 1994).
(:\EAS'TLAKEW'P~NDIX)
E-2
"JtJ-p) );'0-1.0
':)
E)(\..\I1i>rr C
< Recording Requested by: )
)
CITY CLERK )
)
When Recorded, Mail to: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula vista, CA 91910 )
)
------------------------------------------------------------------
AFFORDABLE HOUSING AGREEMENT
This Eastlake Affordable Housing Agreement ("Agreement") is
made as of , 1995, 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", and located in the Eastern
portion of the City of Chula vista (referred to herein as "Eastlake
Greens") . Eastlake Greens is more particularly described in
Exhibit "A" which is attached hereto and incorporated herein by
this reference.
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 be established with
a goal of providing 5% low and 5% moderate income housing units
("Affordable Housing Program") within the Eastlake Tentative Map
area. (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 reinstated
the Affordable Housing Program previously established by Condition
Number 44 of the EastlakeTentative Map.
D. The parties now desire to provide a means to implement the
low income housing requirement of Condition No. 44 of the Eastlake
Tentative Map.
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
1
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CCC
co'
units which are offered to qualified families whose income levels
range from 50-80 % of the regional median income.
2. Duty to Build. Developer shall 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. Developer shall thereafter diligently pursue
completion of the construction of such units. Developer shall
construct such units regardless of any further or additional
development taking place within Eastlake Greens from the date of
this Agreement.
3. Conditional Duty to Build. Notwithstanding the provisions
of paragraph 2 of this Agreement, should a building permit for the
2,550th unit be applied for within Eastlake Greens, Developer shall
be responsible for constructing 160 qualified low income housing
units at the location and in a configuration and design approved by
the city. Developer shall immediately commence construction of the
160 low income housing units and shall thereafter diligently pursue
completion of the construction of such units. The duty contained
in this paragraph is non-cumulative to the duty in paragraph 2 (to
build 112 low income units) such that Developer's total duty if
2,550 (and up to 3,192) residential units are developed within
Eastlake Greens, will be to build 160 qualified low income housing
units. Any of the 112 low income units constructed in accordance
with Paragraph 2 above, will be credited against the duty to build
the 160 units contained herein.
4. Right to withhold Permits. After the building permit for
the development of the 2,550th residential unit within Eastlake
Greens has been issued, 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
has under significant construction 160 qualified low income housing
units that meet with the approval of the city.
5. Development Permits, Maps and Documents. Developer shall
at its sole expense, prepare and diligently process all permits,
agreements, plans, maps and other documents, including but not
limited to, amendments to the General Development Plan and
Sectional Planning Area Plan for Eastlake Greens that are necessary
to construct the low income housing units in the time frames set
forth herein. Developer shall submit an affordability plan to the
City for its approval prior to the first building permit
application being submitted to the City for construction of the
first low income housing unit. The affordability plan shall
describe, among other items, the eligibility qualification process
to be used for the sale or rental of the low income housing units,
the administrative plan for management of such units and the
funding program used to finance the construction of the same.
2
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~~j.:
6. General Provisions.
a. Authoritv of Siqnatories. Each 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. Each individual signing this
Agreement on behalf of a corporation warrants that (i) he or she is
duly authorized to sign and deliver this Agreement on behalf of the
corporation, 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. Counterparts. 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. Applicable Law. This Agreement will be construed and
enforced in accordance with the laws of the State of California.
d. Successors. 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. Modifications. 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 Aqreement. 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.
g. Attornev's fees and costs. 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. Exhibits. All exhibits referred to in this Agreement
are attached, and are a part of, this Agreement.
i. captions. 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.
3
".2 tJ - t. ;J
'(7'-
j.
Agreement to
San Diego.
Recordinq. The parties hereto shall cause this
be recorded in the Official Records of the County of
4
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"
SIGNATURE PAGE TO
AFFORDABLE HOUSING AGREEMENT
IN WITNESS WHEREOF, City and Developer have executed this
Agreement this day of 1995.
CITY OF CHULA VISTA
shirley Horton
Mayor
Attest:
Beverly Authelet
City Clerk
as to rm by
~
ruce M. Boogaar.
City Attorney
M:\HoMe\Attorney\Affordab.1
GRANTOR
EASTLAKE DEVELOPMENT COMPANY,
a California general partnership
By: BOSWELL PROPERTIES, INC.,
a California corporation,
General Partner
~~~~&
;~~::~~
Title' ~r
By: THE TULAGO COMPANY, a
California corporation,
::~~
Name: ?......,_ .;</,~
:::le~. ..0. ~_
Name: ~ _~,../
Title: ~
5
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_ ..~)~_t~W~~ ~lf"'-'f:!"=J'"''
~.~,#lIg;1:f;;~f~\'fT~~_ .~,~1l'~;j;;;.:~
PUBLIC HEARING OffiCK LIST
SUBJECT:
.~
PUBLIC HEARING DATE:
LOCATION:
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX~; BY HAND_; BY MAIL
PUBLICATION DATE I ~ Cis C.
MAILED NOTICES TO PROPERTY OWNERS_f"'^- ~ NO. MAILED
PER GC !i54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San D'ego, 92122
LOGGED IN AGENDA BOOK ., I z.. <;s
COPIES TO:
Administration (4)
~
Planning
Originating Department
Engineering
Others
/'
City Clerk's Office (2)
~...
"') {'1 CiS
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
7/93
-55-
J/J .- j, 7
NOTICE OF A PUBLIC HEARING BY
THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL OF the City of Chula Vista, California for consideration of the adoption of the
EastLake Affordable Housing Program. Consistent with policies of the City General Plan
Housing Element, the Program includes implementation strategies to address the provision of
low and moderate-income housing within the EastLake Greens project, as well as future, yet-
developed phases of the EastLake planned community (refer to map on reverse side). Copies
of the proposed affordable housing program are on file and available for review at the City
Planning Department office. Please call the Planning Department at 691-5101 if further
information is necessary.
The City's Environmental Review Coordinator has conducted an Initial Study of possible
environmental impacts and determined that the program will not have a significant affect upon
the environment, and has issued a Negative Declaration under IS-95-21. A copy of the Negative
Declaration along with the Initial Study is on file in the City Planning Department office.
Any petitions to be submitted to the City Council must be received in the office of the City
Clerk no later than noon on the hearing date specified in this notice.
If you wish to challenge the City's action on this Program in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk at or prior to said public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesdav. Julv 25.
1995 at 6:00 D.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED:
CASE NO:
July 11, 1995
PCM-95-15
COMPLIANCE WITH AMERICANS WITH DISABILmES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests
individuals who require special accommodation to access, attend, and/or participate in a City
meeting, activity, or service request such accommodation at least forty-eight hours in advance for
meetings and five days for scheduled services and activities. Please contact the City Clerk for
specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD)(619)
585-5655. California Relay Service is available for the hearing impaired.
(M:\HOME\PLANNING\ED\ELHSG-CC.NOT)
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FIGURE A
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NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Special Joint Public MeetingIWorkshop of the City Council & the Growth
Management Oversight Commission.
The purpose of considering an application to change the present General Plan
designation for approximately 4 acres located @ northeast corner of 1-5 & L
Street.
The purpose of considering adoption on EastLake Affordable Housing
Program.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY c;OUNCIL on Tuesday,
July 25, 1995, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: July 12, 1995
;2.0 /I~;;-
July 25, 1995
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Tammera L. Albrecht
2286 Willow Creek Circle
Chula Vista, CA 91915
City Council Members of Chula
Public Services Building
276 Fourth Avenue
Chula Vista, CA
Vista
Dear Sirs:
Attached please find a petition submitted by the residents
of Cypress in the area of EastLake Greens. With few exceptions,
the residents of this community are opposed to the proposal to
construct low-income housing in this area. While I know we are
only talking about 5% of the residents of the area, I confidently
predict that that 5% of the people will be responsible for 95% of
the crime. We realize affordable housing is created for good,
hard-working, upstanding citizens, but it will also bring in a
lot of vandalism, transients, aid in the creation of gangs,
create more behavior problems in our schools, etc. I echo the
feelings of many residents of EastLake when I say that the reason
we moved to this area was to stay away from that kind of riff-
raff. We feel that with the additional $150.jmonth in mello-roos
and association fees that we pay, it should suffice to keep this
area clean and nice.
The 5% low-income housing you are required by the State of
California to provide, could just as easily be met with the
construction of houses or condominiums. In this way, a pride-in-
ownership would keep the area looking nicer and the buildings
better maintained. You will still need to help us understand,
however, why a family of four, making less than $30,OOOjyear
would want any of their income to pay for mello-roos and
association fees. Many of us are very curious about how that
would work; whether they would really be able to pay their fair
share, and why they would want to.
My major bone-of-contention is this: Why were the bui~ders
not forced to disc~ose this informa tion a t the t~e we purchased
our home four monthes ago? My husband and I relocated here from
North Carol~na ~n late February. We had no way of knowing of this
plan at that time, or we never would have moved out here. I know
we are not alone, many of my neighbors have expressed the same
sentiment. We feel we were tricked into buying these homes,
knowing that the value of them would be defaced in a short time.
I would greatly appreciate your taking the time to address
the concerns expressed in this letter at the meeting tonight.
Thank you for your time and anticipated support.
PETITION AGAINST CASE NO: PCM-95-15,
LOW AND MODERATE INCOME HOUSING WITHIN THE
EASTLAKE GREENS PROJECT
The following residents are opposed in general to the concept of
introducing low and moderate income housing to the EastLake Greens
community.
PRINTED NAME
ADDRESS SIGNATURE
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PETITION AGAINST CASE NO: PCM-95-15,
LOW AND MODERATE INCOME HOUSING WITHIN THE
EASTLAKE GREENS PROJECT
The following residents are opposed in general to the concept of
introducing low and moderate income housing to the EastLake Greens
community.
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community.
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PETITION AGAINST CASE NO: PCM-95-15,
LOW AND MODERATE INCOME HOUSING WITHIN THE
EASTLAKE GREENS PROJECT
The following residents are opposed in general to the concept of
introducing low and moderate income housing to the EastLake Greens
community.
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Chola Vista City Council
276 4th Ave
Chula Vista, CA 91910
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July 19, 1995
COUNCil OffiCES
CllUl~ VIST~ Ct.
RE: EastLake Affordable Housing Plan
Honorable City Council,
I am a homeowner at EastLake Greens. I want to welcome our new neighbors who
will reside in our new subassociation of East Lake Greens.
The purpose of this letter is to stress the importance of establishing this new
5li>assocation as another first class residential group with full rights and privileges as
aD EastLake Green residents now enjoy. To date we already have three
subassociations within our community. They are The Masters, Fairway ViIlias and The
Championship Classics. Each of these subassociations have their own private facilities
but also have full use of the EastLake Greens private gated facilities as well.
In keeping with the spirit of assimilating these new housing units into EastLake
Greens, the residents must have full rights and also the full responsibilities as all
EastLake Greens residents. The units and residents must conform to already
esaablished CC&R's and rules and regulations. At this time each living unit -house or
condo- pays a monthly association fee to the EastLake Greens Homeowner
Association. If the living unit is rented, the owner of the unit, not the tenant, is
responsible to pay the monthly assessment. This system must also continue with the
Affordable Housing Units. The tenant must enjoy full use ofthe faacilities with the
landlord being responsible for maintaining the monthly association dues.
I request the Planning Department keep in mind we want to maintain the quality of our
neighborhood by having all first class residents and not create a second class
subassociation with limited access and responsiblity in our EastLake Greens
community.
Respectfully,
~\_~.~
Barry Stinson \
2295 Cobb Meadow Place
Chula Vista, CA 91915
cc:file
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RECEIVED
'95 .ll. 2S ?2 :/,8
7-25-95
City of Chula Vista
Members of the City Council
276 Fourth Avenue
Chula Vista, Calif.
ClTY OF CHULA V\::.
Cl'TY CLEI\K'S OH .
Re; Consideration of adoption of the Eastlake Affordable Housing
Program.
Members of the City Council;
I am a homeowner in the EASTLAKE GREENS community. Although not
planning to sell or move any time soon, I have already been
dismayed by the reduction in value of my home caused by the
abundance of smaller, lower priced housing being constructed in
the area. It seems that every new project is being offered for
far less than.we purchased for.
When I moved to the "Greens", I expected the neighborhood to grow
in a positive manner. Ever so gradually, that trend seems to be
in a downward mode. Low income and affordable housing (especial-
ly in the form of apartments) will only drag the value of everyo-
ne's property down.
Also, as a homeowner in the area, I am expected to pay for the
use of many amenities that apartment dwellers won't be paying
for, but. will obviously be using. Even now, bolstered security
(also at homeowners expense) is necessary to keep our parks and
recreation areas free of unwelcome guests.
Please don't encourage a downward trend in our neighborhood by
recommending apartments or other low income housing into what, we
as homeowners all believed to be a slightly up-scale neighbor-
hood.
In conclusion, let me be clear in my opposition to your adoption
of the Eastlake Affordable Housing Program. Please don't surround
us with cheap housing.
~cerelY;
~b-.Do- '-
Thomas V. Davies
1059 Park Meadows Rd.
Chula Vista, Calif.
91915
oW --- /;2. C;
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. .
EASTLAKE NEIGHBORHOODS AND
SURROUNDING COMMUNITIES
SIll! Crwk
RlInch
!ASl1AKE
VI.lAGE
CENTER _ 11IIO\'
Ot8y Ranch
Village 5
Lower OIay RNervolr
CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~, Eastlake Affordable Housing Eaatlake AHordabl. Houalnl Taak Force
C) Task Force
~~, Eastlake ~uut: To adopt an affordable housing program
for astIoke.
SCAl.E, FIl! NUMBER,
NORTH As Indicated PCM. 95.15
-3-
dXO -/5/
ATTACHMENT 3
_ 5"-
.;L t:J ~ / J ;:L
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- ~-
RESOLUTION NO. PCM-9S-1S
A REsOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE EASTLAKE AFFORDABLE HOUSING PROGRAM
WHEREAS, on December 12, 1993, the City Council directed that an ad hoc Affordable Housing
Task Force be established to create an affordable housing implementation program for the entire Planned
Community of EastLake, and
WHEREAS. the EastLake Affordable Housing Task Force was appointed by the mayor of the City
of Chula Vista and began deliberations, and
WHEREAS, the EastLake Affordable Housing Task Force recommended that the City Council adopt
the EastLake Affordable Housing Program ("Project"), and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-95-21, of potential
environmental impacts associated with the implementation of the Project and bas concluded that there would
be no significant environmental impacts; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the
property at least ten (10) days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely June 14, 1995 at 7:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was
thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends City Council approval of the attached draft City Council Resolution for the Project, subject to
the findings and conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution sball be transtnitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 14th day of June, 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
~c /];
William C. Tuchscher D, Chairman
~_~~ ~h~
Nancy Ripl ,Sec etary
(m: \home planDia&\duane\eutlake\95 1 SPC. RES)
- '7-
:20-/33
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---I
EXCERPT
PRELIMINARY MINUTES
PC Minutes
-2-
June 14, 1995
ITEM 2.
PUBLIC HEARING: PCM-95-15: CONSIDERATION OF THE ADOPTION
OF THE EASTLAKE AFFORDABLE HOUSING PROGRAM (Continued from
May 10, 1995)
Senior Planner Batchelder presented the staff report, and congratulated the task force on their
work.
Commissioner Salas questioned the Housing Advisory Committee's (HAC) negative comments
about the proposed affordable housing site near SR125. Mr. Batchelder noted that the site had
previously been approved for higher density housing as part of the Eastlake Activity Corridor.
Staff was working within the approved regulatory plan regarding the proposed site, and the issue
was more related to location of residential uses adjacent to a future highway than to whether or
not the units would be affordable. Housing Coordinator Arroyo stated the HAC was more
concerned about site design and that it was consistent with the balance of EastLake. Mr.
Batchelder added that the site had yet to undergo SPA-level review or design review. Those and
additional environmental analysis would provide sufficient opportunity to address any issues
regarding noise or other site design considerations.
Mr. Arroyo stated that with proper mitigation and enough setback from the freeway, there would
be no appreciable impact from noise.
Commissioner Salas was also concerned that with the site being somewhat set apart from the
balance of the Greens area, it may be identified as a separate especially if it was affordable.
Mr. Arroyo replied that the design would adhere to the rest of the community. There were the
same design standards for the entire community.
Commissioner Willett stated that some homes in EastLake I already mitigated from potential
noise by putting up sound barriers and glass walls. Berms would make it so they could not see
traffic.
Commissioner Ray, referring to a comment on page 6 of the staff report regarding OTC, asked
if the City was not going to give credits for housing of athletes and what specifics would they
not meet as far as affordable housing.
Mr. Batchelder indicated its was staffs position not to give credit and stated there were some
legal issues involved. The City's Affordable Housing Program (AHP) is designed to address
a portion of the City's Regional Share housing need as defmed under State housing law and
contained in the General Plan Housing Element. State housing law requires construction of
"permanent housing" units in meeting Regional Share allocations. Dorm housing did not meet
the definition of permanent housing. In addition, the AHP is intended to provide units as part
of the normal housing stock and available to the general public. The OTC dormatories are a
specialized form of housing and available only to the atheletes.
- q -
.;1e;- /31
PC Minutes
-3-
June 14, 1995
Commissioner Ray asked if EastLake Shores had 32 units over what they would need and if that
could be credited toward future development.
Senior Planner Batchelder stated negatively, and referring to Appendix C, indicated that for
Eas'Lake I, the entire Hills & Shores, of the 92 low-income units required, 101 were actually
produced. The result was a credit of 9 units which be applied to future development.
Commissioner Ray asked if EastLake could sell credits to someone else. Mr. Batchelder replied
that it had not been proposed, although not all development had equal financial opportunities to
meet affordable housing requirements, and it was not inconceivable. While this concept of
transfers had been discussed during update of the Housing Element, most developments had
devised plans to provide the units within their own planning areas.
Replying further to Commissioner Ray, Mr. Batchelder stated that the draft affordable housing
program for Gtay Ranch intends to fulfill a transfer allowed from the neighboring Telegraph
Canyon Estates project. That program also provides for affordable housing transfers within the
Ranch from rural villages to urban villages.
This being the time and place as advertised, the public hearing was opened.
Susan Radecki, 1460 Nolan Ct., Chula Vista, asked where the proposed affordable housing
site discussed earlier was in relation to the high school. Mr. Batchelder indicated the site on the
overhead projection.
Ms. Radecki was concerned with what kind of entity would be coming from the affordable
housing.
Mr. Batchelder stated that the applicant was proposing a standard garden apartment type project
for mainly families. They would be working people. He then displayed an overhead projection
. defining incomes and wage equivalents for low and moderate-income households of four (two
parents and two children). Top end on the low income earnings would be $36,300/year. More
discussion followed regarding the type of family and income. Mr. Arroyo stated there were
some misconceptions dealing with affordable housing. They were talking about working
individuals and not tenements or public housing.
Commissioner Fuller commented that the Task Force had focused on affordable housing and the
fact that these were people already living in Chula Vista and projects already in Chula Vista.
By following the guidelines of EastLake, they would be able to educate people that these are
people who are doing well.
Senior Planner Batchelder stated that for example, the Villa Martinique and Camelot projects
in EastIake I qualified as low income housing when they were built.
No one else wishing to speak, the public hearing was closed.
__/0_
PC Minutes
-4-
June 14, 1995
Chair Tuchscher also complimented the Task Force. He said he appreciated the input, and also
appreciated the hard work of staff as well.
M'SUC (FuUerlWilIett) 5-0 (Commissiont:rS Tarantino and Thomas excused) to adopt
Negative Declaration 18-95-21 and recommend that the City CouneD adopt the "Program
for the Provision of Affordable Housing within the EastLake Planned Community" subject
to the findings and conditions contained within the draft City Council resolution.
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ATTACHMENT 4
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d..GJ _/,56
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1>4
. Excerpt From RCC Minutes of May 8. 1995
Resource Conservation Commission
Page 3
Review of Negative Declaration IS-95-21, EastLake Affordable Housing by Mr. Bazzel. A
brief discussion ensued. Commissioners were concerned about not seeing the whole plan
with the different options. A motion was made by Thornburg, seconded by Hall to table the
voting on this item until the May 22nd meetint" vote 2-3, motion failed. After further
discussion, a motion was then made by Marquez for RCC to submit its comments and make
recommendations upon further review of the document; motion failed due to lack ofa
second. After Mr. Bazzel's explanations of the areas not supported by staff, a motion was
made by Hall, seconded by Burrascano to accept the negative declaration with the
elimination of area 9. An amendment was made by Marquez and accepted by Hall to
include discouraging the use of the Olympic Training Center dormitories as a substitute for
low income credit; vote 5-0, motion carried. .
5.
Chairman Burrascano reported she turned in her RCC Environmental Improvement
Recommendations work program to the Planning Department.
6.
Review of Planning Commission Agenda: Items PCA-95-04 and CUP PCC-95-22 have
already been commented on by RCC. Item PCM-95-15 is continued. No action by RCC
7.
Discussion of Actions (reconstruction of meting for minutes) for the March 20, 1995
meeting: Review of Negative Declaration IS-95-15, Chula Vista Moose Lodge-A motion
was made by Hall, seconded by Fisher to accept the negative declaration; vote 5-0; motion
carried.
STAFF REPORT: None
CHAIRMAN'S COMMENTS: None
COMMISSIONER'S COMMENTS: None.
ADJOURNMENT: The meeting was adjourned by Chair Burrascano at 9:57 P.M.
Respectfully submitted, -
EXPRESS SECRETARIAL SERVICES
'IJ{L~ ~1~
Barbara Taylor
~
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- liP-
MINUTES
HOUSING ADVISORY COMMISSION MEETING
Wednesday November 30, 1994
3:30 p.m.
Conference 3
Public Services Building
CALL TO ORDER/ROLL CALL
PRESENT:
Thomas Alonso-Massey, Vicki Madrid, Rosa Lopez-Gonzalez, Robert
Raugher. Kathryn Lembo IEx-Officiol, Jerry Mayfield IEx-Officiol
ABSENT:
Maggie Helton. Evelyn Michela
STAFF:
Housing Coordinator Arroyo, Community Development Specialist I Shanahan.
Administrative Office Assistant II Gonzalez, Principal Planner Bauel. Senior.
Planner Batchelder
1. INTRODUCTIONS - Mr. Arroyo introduced himself. Sheila Shanahan and Alicia Gonzalez to
the Housing Advisory Commission Members. Mr. Arroyo stated to the members that they should
give some background of themselves.
Mr. Jerry Mayfield lex-officio) member, introduced himself and stated that he is a architect and
planner, and has been involved in the development of affordable housing. He is now the Executive
Director of Habitat for Humanity. He stated that their organization is very interested In affordable
housing, especially at the lower income levels.
Mr. Thomas Alonso-Massey is a Trial Attorney. married and owns a home in EastLake where he
resides and has two rental units in San Diego. He stated that he volunteered because he wants to
contribute to affordable housing and housing issues that this Commission embraces.
Ms. Vicki Madrid currently works with the San Diego City Housing Commission. She has been
employed there for fourteen years, during that time she has worked in just about every department.
She is currently working in the Development Department. Vicki does a variety of tasks ranging from
construction inspections and cost estimates to setting schedules and timelines and running data
base reports on projects.
Ms. Rosa Lopez-Gonzalez works for Union Bank. Her interest in this Commission is to assist people
getting into low income housing. She has helped a lot of bank customers obtain their first home. In
addition, she has done counseling in how to save money for first time home buyers.
Ms. Kathy Lembo IEx-Officiol is the Executive Director of South Bay Community Services which is a
multi services agency. About 80 to 90% of the people that come to SBCS for services are very low
income. Also SBCS has a community development branch that Is getting involved in affordable
housing. SBCS runs the only homeless shelter for families in the South Bay.
Mr. Robert Raugher has been a resident of Chula Vista for 36 years and is retired from Civil Service.
Mr. Raugher runs a organization called IMPACI Mobilehome Political Action Committee. Over the
past years he has been helping mobilehome residents challenge excessive rents and to address other
mobi/ehome issues. He stated that he is very interested in the production of low cost housing.
- /1-
;:1 c:; -/5,p
Mr. Arroyo congratulated all Commission Members for their appointments. Mr. Arroyo reported that
the Commission grew out of the Housing Advisory Com.mittee which has been instrumental in the
development of many housing programs and policies and in the production of a number of important
documents, such as the Housing Element and the Comprehensive Housing Affordability Strategy for
the City. Mr. Arroyo stated that the City Council decided to form a Commission that will also serve
as an advisory body to the Housing Authority. As Commission Members, their role is to provide,
advise, and make recommendations to the Council, but also to the Housing Authority and
Redevelopment Agency on issues that deal with housing. This Commission will be involved with
reviewing housing policies, strategies, and also making recommendations by which to implement
housing programs. The Commission will also be reviewing and making recommendations on
important issues before they go to the Housing Authority and City Council for final approval. Also,.
the Commission will review and be involved with affordable housing projects that are requiring
andlor requesting public funds. Today the Commission will be reviewing the EastLake Affordable
Housing program that is in process. Part of the reason why staff called for a special meeting of this
body was to begin to get Commission input on this program.
Mr. Arroyo stated that the Commission Members will ba drawing lots to determine their initial
terms. He stated that the Commission is scheduled to meet every fourth Wednesday of every
month at 3:30 p.m.
Member Robert Flaugher picked 6-30-96 for his term. Member Rosa Lopez-Gonzalez picked 6-30-
98 for her term. Member Vicki Madrid picked 6-30-99 for her term. Member Thomas Alonso-
Massey picked 6-30-97 for his term. The two Ex-Officios terms are for two years.
r>
2. EASTLAKE AFFORDABLE HOUSING TASK FORCE REPORT. Mr. Arroyo gave a brief
background regarding the report that was anclosed in their packet. Aa Indlcatad In the report the
Council almost a year ago now, established the EastLake Affordable Housing Task Force with tha
overall objective to come up with an Implementation plan to produca affordable housing In EastLake.
The Housing Element stipulates as a housing policy that any development that is 50 units or more
anywhere in the City, is required to set aside 10% of those units to be at affordable housing level.
Half of the units are required to be affordable to low income and the other half to moderate income
households. Low income is determined to be 80% of the median income for the area. Right now
this means about $36,000 for a family of four. Very low income is 50% of the median income
which is $22,700 for a family of four. Moderate income is 120% of the median income or currently
$54,500 for a family of four. It is the City's intention to provide housing opportunities to as many
low income and very low income households as possible.
The Commission discussed the issue of counting Olympic Training Center IOTC) Athletic Housing,
towards Affordable Housing Program IAHP) for the Eastlake development. Commissioners
expressed concern aI/owing these units to count as AHP credit since they won't count towards the
City's Housing Element goals.
Mr. Batchelder from the Planning Department went over the report with Commission Members,
outlining the major components. Referring to a map of the Eastlake project area, he provided a brief
history of affordable housing activity, and then reviewed the Task Force process and how the
proposed program structure was developed. That proposed program uses a two-phased approach
to providing new affordable housing within the remaining development areas of Eastlake. Phase I
addresses the Greens project area, and is tailored to the fact that by prior action of the City Council,
the project has been progressIng through construction without having a specific affordable housing
plan. He then briefly reviewed the regulatory history. Therefore, the Phase I program provisions are
aimed at addressing the fact that we are dealing with a moving target. rather than starting from
scratch before the project completes its regulatory approvals and begins construction. What the
Task Force is trying to do with the Phase I program is accelerate completion of the affordable
housing component within the Greens, since the balance of the development is already moving
~/g-
forward. As a result, Phase I focuses on actions that need to occur to secure a site, or sites, on
which the 1 60 low-income unit requirement for the Greens can be provided, a'nd when in
relationship to the rest of the project. EastLake and the City are currently working with two non-
profit housing organizations on an affordable housing project proposal for the site west of Eastlake
Parkway and south of the high school. That multi-family project could provide somewhere between
1 20 and 160 low income affordable units.
Phase II addresses the balar.ce of the EastLake community including the Trails. Woods. Vistas and
land Swap areas. It focuses on establishing progress benchmarks toward planning for'and
providing required affordable housing units, and which must be met at various stages of future
development approvals. It is more typical of how the City would like to see affordable housing
approached with the large master planned developments.
Member Alonso-Massey raised the concern that all the sites seems to be right next to SR125. His
concern is that the low income households will be right next to a environmentally unsafe part of the
entire development.
In referring to the three potential sites near SR125. Mr. Batchelder briefly reviewed the planning
history, indicating that two of the sites were fully evaluated at both the general and community
planning levels and designated for multi-family residential development. The third site at the south-
west quadrant of SR125 and Telegraph Canyon Road is presently designated for commercial office
type development, and staff has been discussing if that is a good site or not for multi-family
residential development. Designation as a potential site in the Affordable Housing Report is coming
mainly from EastLake, and should EastLake eventually desire to use that site they would need to
process a General Plan Amendment. Mr. Batchelder also indicated that the area in the vicinity of
SR125 was intended as an "activity corridor" in the Eastl..ake Master Plan, and within which multi-
family densities and civic and commercial uses ere planned due to the proximity to major roads,
mass transit routes and other support services.
Site 2 would be served by EastLake Parkway, and millions of dollars worth of Infrastructure
Improvements would need to occur to extend Eastl..ake Parkway to the south, and to bring water.
sewer, and all other utilities to make that site developable in the near term. If and when staff gets
to the point where a project on site 1 does not become feasible or may not meet all the
requirements for the Greens project. then one or both alternate sites would have to be considered.
Member Mayfield asked what would stop staff from stopping the production right now and including
the affordable housing in the Greens rather than on other sites.
Mr. Batchelder responded that there are two main issues, one has to do with existing community
fabric and the other Is a factor of approved density and the ability to subside the units down to a
level of low income affordability.
Mr. Bazzel stated that the City Council did not support some of the originally proposed higher
density areas within the core of Eastlake Greens. The people living in the Greens in various areas
were saying that they didn't want to see apartments across their view of the golf course.
Mr. Alonso-Massey stated that his understanding of high density is the same thing as affordable
housing. So his question is why did City Council side against low housing by ruling against high
density and now staff Is backtracking and putting the high density that Is low income housing back
in.
Mr. Bazzel responded that what the Council did was not taken as an attack against affordable
housing, but rather they had some difficulties with density policies throughout EastLake Greens.
Therefore. they brought down the oV,erall density by focusing on certain sites that had higher
-/1-
;;2~ ~/J<J
density. In turn, they recognized that there w,asn't as many opportunities to provide lower income
housing.
Member Madrid asked if there are any plans that are developed along the lines of what they
perceive as far as the high density project.
Mr. Arroyo responded no, not yet, but there are some projects already within the development that
fall within the low income category.
Member Mayfield's concern is the number of units and all the 150% median income households all
grouped in one group. In other words the number of units in relationship to the rest of the complex.
Mr. Arroyo stated that staff will bring this issue back for additional comments and review before
staff takes it to Council.
Mr. Arroyo suggested that they move ahead to the nomination of officers, but since not all
members were present the Commission decided to carry over the matter until the next scheduled
meeting.
3. ORAL COMMENTS - None
4. STAFF REPORTS - Mr. Arroyo stated to the Commission Members that there is a tentative
grand opening for the Park Village Apartments that are located on Third and Palomar. Staff will be
sending out invitations to that event. It is a 28 unit complex, it combines with affordable housing
for families, child care, and also it provides off-sit!! job training Opportunities. It was a combination
of state, city, and tax credit type of financing that made it happen.
5. MEMBERS COMMENTS - None
6. ADJOURNMENT - At 5:30 p.m. to the next regular meeting scheduled December 28, 1994
in the Public Services Building.
{2.
I ' 'I
.0rI~ (:;,,"'/1 ?,(;j~ V
Recorder, Alicia Gonzalez I' ()
IAO\C:\WPWIN\1 t.3o-14.MINI
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""."
CITY OF CHULA VISTA
MINUTES
HOUSING ADVISORY COMMISSION
Wednesday January 25, 1995
3:30 p.m.
Conference Room 2
Public Services Building
CALL TO ORDER/ROLL CALL - 3:35 p.m.
PRESENT:
Helton. Alonso-Massey, Madrid, Flaugher, Lopez-Gonzalez
ABSENT:
None
STAFF:
Housing Coordinator Arroyo, Community Development Specialist I Shanahan,
Administrative Office Assistant II Gonzalez
EX-OFFICIO:
Lembo (presentl, Mayfield (present)
GUEST:
J.R. de Jesus Chantengco
All the Commission Members and staff briefly introduced themselves again since everyone was
present.
MUSC (Raughar/Madrid) to axcusa Maggia Halton from the November 30,1994 Commission
meeting, approved unanimously.
Commission Members decided to wait until the end of the meeting to elect officers.
Member Helton drew her lot, her term ends 6-30-98.
1. APPROVAL OF MINUTES - MUSC IRaughar/Lopaz-Gonzalez) to approve Novembar 30,
1994 minutes with minor amendments, approvad unanimously.
r>
2. EASTLAKE AFFORDABLE HOUSING TASK FORCE REPORT - Mr. Arroyo gave a brief
overview on the discussion that took place at the prior meeting. He stated that the EastLake
Affordable Housing Task Force Report was put together by a committee that was established by the
Council. Representatives from the EastLake community, EastLake Development Co, representative
from the Planning Commission, representative from oa non-profit Housing Corporation, representative
from the Housing Advisory Committee, and staff from Community Devalopmant and Planning
Departments were also involved. The program is In response to the City's polley which requires per
the Housing Element that any development over 50 units or more must set aside 10% of those
units for low and moderate Income households.
The plan outlines an affordable housing program for EastLake and identifies a number of Issues.
One of the most significant issue that was identify in the process has to do with the Olympic
Training Center Athletic Housing. The EastLake Development Company proposes that some credit
be given to those units as counting towards their low income housing requirement. The task force
position on the issue was basically mixed. It was referred to the City Attorney for legal research,
and the initial response to the EastLake Company Is that the City cannot provide any credit to those
units because the City cannot get any credit from the state. That type of housing is very
specialized and does not meet the intent of the City's Housing Element and does not address low
income housing needs.
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As far as time frame, after the review from the Housing Advisory Commission, the report will go to
the Plannirtg Commission in approximately 3 weeks after which time it will go to City Council for
final approval. Mr. de Jesus Chantengco who participated in the process is here to share his
insights.
Mr. de Jesus Chantengco gave a history of the project. He briefly went over the project outlining
the major components. One of the issues was transportation. Another issue was open space and
parks. The architectural design was another concern, something that would apply to the general
plan. The Task Force identified 3 sites where development can occur within a short time frame.
One of the sites is a 24 acre parcel south of the Eastlake High School which is being considered to
begin the first project.
Mr. de Jesus Chantengco mention that South Bay Community Services is currently negotiating with
other non-profit housing developers to try to implement an affordable housing development.
Mr. Arroyo mentioned that staff has researched the athletes' housing issue and has provided some
background materials to the EastLake Development Company and to the City Attorney's Office.
Staff doesn't recommend any credits be given towards the Olympic Training Center Athletes'
housing.
Ms. Shanahan gave an overview of the Olympic Training Center. The athletic housing would be a
dormitory style housing and the athletes are expected to be there for maybe 3 to 5 months at a
time.
The type of housing that can count towards the Housing Element and the affordable housing goals
is permanent affordable housing. The housing at the training center is not permanent because its
dormitory style. It doesn't have its own kitchen facility and bathroom area, hence it doesn't count
in that criteria. It is affordable in that the athletes are sponsored by their committees. The athletes
don't necessarily need to be low Income to be there. In other affordable housing projects the
tenants would have to submit their income and qualify as a low Income person In order to be able to
occupy that unit.
The whole idea of the inclusionary housing policy is to have a 5% low, 5% moderate income units
to provide a balance community in the eastern territories of the City. It is important to have mixed
income I)ousing so everyone can afford to live in all neighborhoods.
Member Helton expressed that rental hOUSing is essential and questioned whether the Athletes'
housing could be considered a rental facility.
Ms. Shanahan commented that staff counts rental housing and could count for sale hOUSing
depending on affordability restrictions. However, rental housing that are dormitories or congregate
care are facilities that would not count with the state.
Member Madrid questioned if anyone has been looking into the possibility of changing the Style of
housing to single room occupancy units (SRO) so maybe they can count towards the low income
housing credit.
Ms. Shanahan responded that the housing Is going to be built by the Olympic Training Center to
meet the needs of the athletes. Therefore, the center have already dictated what kind of housing
best suits the needs of the athletes.
Ex-Officio Mayfield inquired if the SRO would qualify.
Ms. Shanahan stated that she would need to look into that. She mention that if it had its own bath
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and kitchen area based on HCD standards. it might count. hovvever if it was a mQre communal
facility then it might not count.
Member Madrid mention that she has seen some that have a community bathroom and have a
microwave and bed. other than that they look a lot like a dormitory. Perhaps some units could be
considered with some minor adjustments.
Ex-Officio Lembo stated that she disagrees with the athletes' housing being considered because of
the fact that they will not be built for nor will they be utilized for the true sense of affordable
housing for people in lower and moderate income levels. that was the problem she had with it not
whether its an SRO. Another issue is counting it as a affordable housing because it doesn't meet
the intention of affordable housing. In addition. its restricted housing. you would have to be an
athlete to live there. So if someone is low income who is not an athlete. could not live there even if
they wanted to.
MUSC IHeltonlFlaugherl to oppose EastLake from receiving any credits for the athlete housing at
the Olympic Training Center. approved unanimously.
Member Helton expounded on her motion that the OTC is a very specific program. It is not
available to other members of the community and she feels that it does not f"rt into the EastLake
Affordable Housing program at all.
Member Flaugher opened for discussion the issue of manufactured homes. He would like for the
Commission Members to go out to his park so they can see what kind of community he is talking
about. He would like to see the developers to set aside areas out in EastLake for manufactured
homes. because it is less expensive and can be concentrated for low income ownership.
Member Alonso-Massey questioned what Member Flaugher was proposing. if It was in phase I or
phase II of the EastLake project or something beyond that.
Member Flaugher responded that as far as he understands It. It only has to be east of 805.
Ms. Shanahan stated that it is open to any housing proposal and can be brought forward to the
City. there isn't really a limitation. If its in connection with an EastLake developer or one of the
developers on eastern territories participating. the goal is to have It on site wherever the developer
is building it. If that is not achievable for any reason. than the second option is to have it west of
805.
Member Alonso-Massey stated he wanted to confirm what this Commission needs to do in regards
to the 223 of low income housing units that has to be provided for phase 1 and 473 that have to
be provided in phase 2 In EastLake.
Mr. Arroyo stated that the recommendation or action being requested from this Commission is to
find out the Commission's opinions and comments regarding the proposed EastLake Affordable
Housing program. Staff recommends that the Commission approve the recommended program that
has been established in the report.
Member Alonso-Massey stated that he would like to make a specific motion which is a motion
related to a recommendation considering the November 23. 1994 report.
MUSC IAlonso-Massey/Heltonl to recommend that the low Income housing not be placed directly
edjecent to SR125. Also. for EastLake to find alternative sites thet are not next to the freeway. In
addition. the proposed sites 1.3.and 7 not be the preferential placements primarily because It is not
fair to the low income people to be placed directly adjacent to e highway. approved unanimously.
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Member Alonso-Massey emphasized that the low !ncome housing not be placed adjacent to SR125
because of the noise, fumes, and smoke that comes from a highway which is not appropriate for
anyone, particularly children. He strongly recommends that sites 1,3, and 7 be located elsewhere
because they are directly adjacent to SR125 highway.
Member Flaugher stated that it would be II hazard for the children that would be going off to school.
Member Alonso-Massey "xpressed that he is concerned that the low ;ncome housing people will be
at the worse geographical location within the entire development. He strongly recommends to the
City Council on behalf of the Commission, that EastLake be advised to find places which are not
directly adjacent to the freeway for low income housing.
Member Madrid mention that in reading the report, her understanding is that part of the criteria that
they used to select the sites was to have them close.
Ex-Officio Lembo stated that a freeway has nothing to do with closeness to transportation.
EastLake's determination when they were thinking about very low income, they were thinking more
like sacs did when they bought 17 and 31 Fourth Avenue, that it be on a road that people can
access public transportation.
Mr. Arroyo mention that sites 1,3, and 7 already have built in services which are available for
building right now, whereas the rest of the sites do not have infrastructure services as of yet.
Mr. Arroyo informed the Commissioners that altogether there are a total of 9 sites that have been
identified for the entire EastLake development plan both for the current phases and future phases.
The map on page 1 6 identifies 1111 those particular sites that have potential for housing development.
Member Madrid questioned if staff have done extensive studies in other sites.
Mr. Arroyo responded that Planning Department has reviewed the sites, and generally IIgree that the
sites can accommodate housing. The proposed locations meet the criteria of being: near public
transit facilities including bus routes, located within walking distance of retail commercial, near
public parks, and compatibility with adjacent residential areas.
Member Madrid stated that she supports the motion made but for a different reason, her concern is
the SDGE power lines lire too close to some of the sites.
Member Madrid mention that site 7 would fit into the community as far as being in the
neighborhood. It wouldn't be close to shopping, but it would be a IIppropriate site for SRO's.
MSCM Amended Motion: (A1onso-MllsseyfRllugherl Thllt the low Income housing sites not be
plllced directly IIdjllcent to either h1ghwllY SR 125 or the SDGE power lines, IInd In pllrtlculllr
rllcommend thllt the proposed sites 1. 3. IInd 7 not be utilized lit lellst liS they lire drllwn on the
report beclluse they Mve them drllwn directly IIdjllcent to the freewllY, (4-1 Mildrid voted no
beclluse sIte 7 WIIS left in the motionl.
Member Flaugher added that he would like to amend the motion to remove site 7 IInd use that site
as a condominium or SRO. The rellson for it is because there is no space for greenery. hence site 7
would be suitable for single residency occupancy or senior housing.
Member Madrid added that site 7 would be convenient for elderly housing and or SRO's and agreed
to take site 7 out of the motion.
,
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Member Alonso-Massey stated that he didn't have an objection to the amendment just as long as
the sites are not directly adjacent to the freeway. Site 7 could be placed several hundred yards to
the east further along Telegraph Canyon road and would be more appropriate. (No vote was taken
on the second amended motion.)
MUSC (Helton/Lopez-Gonzalez) for the EastLake Affordable Housing Task Force raport be accapted
with the Housing Advisory Commissior\,s recommendations and concarns, approvad unanimously.
Ex-Officio Mayfield question the time impact on the sites, if the Commission recommends that
EastLake don't use the sites what kind of timing are they talking about.
Mr. Arroyo responded that the timing can be very significant. Most sites that were identified are
sites that are available, especially sites 1,3, 7, and 2. If those sites are not acceptable the
implementation of the affordable housing program would be impacted.
Member Madrid commented that if site 7 was kept and did something along the lines of SRO's like
senior housing, that might be something that can take place immediately.
Ex-Officio Member Lembo stated that she feels that staff shouldn't exclude families with children in
site 7. Greenery and open space are not always needed for those families with younger children.
Parents tend to always take their children to parks where they can be supervised.
Member Helton nominated Vicki Madrid for Chairman.
MUSC (Helton/Alonso-Massey) Vicki Madrid nominated for Chairman for the Housing Advisory
Commission.
MUSC IRllUghar/Madrid) Maggie Helton nominatad for Vica-Cheir for the Housing Advisory
Commission.
3. ORAL COMMENTS - None
4. STAFF COMMENTS - None
5. MEMBERS COMMENTS - Member Flaugher asked the Chair to notify the members of the
Commission when items discussed come before the Council.
Member Helton brought up an issue regarding a notice of a public hearing on the Coastal
amendment. She stated that this Commission hasn't received any literature regarding what this
amendment is. The Commission should be inquiring in regards to the amendment.
6. ADJOURNMENT. 5:15 p.m. to the next regular meeting scheduled February 22, 1995 in
the Public Services Building.
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Recorder, Alicia Gonzalez
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negative declaration
PROJECT NAME: EastIake Affordable Housing Program
PROJECT LOCATION:
EastIake
ASSESSOR'S PARCEL NO.: N/A
PROJECT APPLICANT: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
CASE NO: IS-95-21 DATE: April 20, 1995
A. Proiect.SeniDlz/DescriDtion
Eastlake I . Hills, Shores, Village Center, Business Center Pbase I.
The Eastlake I development, which includes the Hills and Shores residential neighborhoods,
was approved in 1985, and includes a total of 1,834 units, of which 101 low-income housing
units were provided. These residential neighborhoods have been completed with a resultant
total of 9 low-income units constructed in excess of the minimum requirement. This
Program will address the following partially or undeveloped portions of EastIake.
Eastlake n - Greens, Trails.
.
The Eastlake II development was approved in November, 1989, and authorized a total of
4,034 housing units involving both the Greens and Trails neighborhoods. The Greens
included 2,774 housing units and the Trails 1.260 units.
In December, 1993, the City Council considered and approved an amendment to the General
Plan for 44 acres within the Greens which resulted in the potential increase of 418 units to
the Greens. Subsequent approvals by the City will be required to establish the exact DUmber
of units, however, this could bring the total uumber of units widlin the Greens and Trails to
4,452. At present, only about 32% of the approved units (1.032 units) within the Greens
have been completed or have started construction and DO units have fiDa1 authorization for
construction within the Trails.
The total uumber of low-income housing units required to be CODStructed widlin the Greens
is 1601, with a commensurate total of 160 moderate-income housing units (5% I 5%).
I The OlJ' Council authorized the totoll"".income bousing unlll for lIle GReDl to be _d to 4% of lIle project Nqulrement
(1:18 unill). with 6" for moderate.income unill (192 unill). if II is found thaI a IOtaI of'" Iow._ unill are DOl found to be feuible.
See fOOlnDle *2 for additional provisions applied to the Trails.
WPC F,IHOME\PLANNINGISlOREDII02O.91Iltf. 1021.93.1022.93) 9 ,.I j/~{!&-
-;L - . .;It? 'in ....'1
..., of ....,.. wilt. ...1lIllrlI tIIpIrtllllftt CJlY OF
envlronm.nll' ...,.." Metlon 0tULA VISTA
Affordable housing requirements for the Trails amounts to a total of 63 low-income and 63
moderate-income units (5% /5%).
Eastlake m. Woods, Vistas, Business Center Phase D, Olympic Tra1nJng Center.
The Woods and Vistas have General Development Plan-level approvals for a total of 1.767
housing units, which would amount to 88 low and 88 moderate-income units (5% /5%).2
Subsequ-.;nt levels of City Council approval will sti:! be required prior to authorization to
construct units within the Woods and Vistas.
If.adtake . .And Swan
In 1990, Eastlake Development Company and the Baldwin Company executed an exchange
of adjacent land holdings to create more logical geographic planning boundaries between the
Eastlake and Otay Ranch development projects; hence the reference "Land Swap". The Land
Swap area contains 161 acres and is authorized at the General Plan-level only, which would
authorize approximately 739 units at mid-range densities. Subsequent planning approvals are
expected within the next several years, however, development timing for the area would
likely be coordinated with that of the adjacent Otay Ranch.
The total number of low-income housing units estimated for the Land Swap properties is 37,
with a commensurate total of 37 moderate-income housing units (5% /5%).
OlvmDic Tralninl! Center (OTC)
The Olympic Training Center facility, located on 160-acres adjacent to Lower Otay Reservoir
will contain a variety of open sports fields, ancillary conference and training buildings, and
300-400 dormitory units for athletes. Construction of the OTC, which commenced in 1992,
is expected to be phased over the next few years. Subsequent to approval of the OTC, the
City Council authorized an amendment to the General Plan for the adjacent Vistas
neighborhood in Eastlake Ill, to provide support commercial and residential land uses next
to the OTC. .
The Eastlake Development Company has expressed interest in receiving affordable housing
credits for the installation of athlete's dormitory units within the OTC. The Task Force has
examined the potential and appropriateness of this approach, and while there was no
consensus reached on this issue, the Task Force requested that funber consideration be given
to affordable housing credits for the OTC dormitories.
B. ComDatibilitv with Zoninl! and Plans
The primary site #1 is designated as residential medium-high which would permit 348
dwelling units at mid point of the density range, however, the current entitlement permits 4.5
, A Developmcnl AFccmcnt betwecn Ihc City of Chula Via.. and Ihc Eatlakc Developmcnl Company OllIYeriIIJ Ihc Eallakc III
dcvelopmcnl arca (al.o including lbc Eatlakc Trails neighborhood), wu approved in 1990. 'Ibia ....Cm.nllla... thaI lb. City
acknowledges that low and moderate income heminl may be economically impractical to build It current dcDlity lewis, aDd that the ary
_Fees that it will c:onsider ..nlin. Developer density boouses and/or other incentives.
wpc F,IHOMEIPLANNING\SlOREDII020.7IRef. I02J .93.1022.93)
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dwellIing units per acre which would permit 108 dwelling units. By bringing the entitlement
density into conformity with the General Development Plan density Opportunities for the
provision of affordable housing would be achieved.
There are no adopted environmental plans or policies that could result in a conflict because
of this project. There are no agricultural resources that would jle impacted by this project.
This project is on the edge of the EastLake project surrounded by a High School, a major
utility element, the future SR-125, a planned major street and an enclosed water storage
facility .
This project is at both a project level and a program level. Therefore, this environmental
analysis must also be at both levels. The above analysis is at a project level of analysis fur
Phase I-Immediate effort. The following is a programmatic analysis of the Phase n Future-
efforts of the EastLake Affordable Housing Program. Project site #9 may be in conflict with
the GDP/GP, however, as with each of the project sites, more precise analysis will be
necessary; this site may not appropriate for the proposed use.
The project may be in conflict with the existing General Plan or zoning. However, as future
proposals under the policies are developed they will be the subject of further and more
detailed environmental analysis to determine the precise level of impact.
Almost all of the project site has been used for agricultural purposes for over 100 years and
much of the site has been graded. The exception is site #9 withil.! the Phase II area. This
potential site involves on site biological resources and is adjacent to the Salt Creek Maritime
Coastal Sage habitat area. The evaluation of this site is at a Phase II programmatic level and
must be further studied at the time of more specific analysis; this site may not be appropriate
for further analysis.
C. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached Environmental
Checklist Form) determined that the proposed project could have one or more significant
environmental effects. Specific mitigation measures will be implemented to reduce these
effects to a level below significant. With mitigation, no significant environmental effects will
occur, and the preparation of an Environmental Impact Report will not be required. This
Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the
State CEQA Guidelines.
D. Miti2ation neceSSary to avoid si2nificant effects
Specific project mitigation measures are required to reduce potentially significant
environmental impacts identified in the initial study for this project to a level below
significant. Mitigation measures have been incorporated into the project.
A. More precise development plans will be reviewed to determine if there is any potential
impact with the existing General Plan or zoning designations.
B. Site #9 in Phase II will be evaluated with future discretionary actions to determine what,
if any, impact there will be on Maritime Coastal Sage.
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E. Mandatorv Findinl!s of Silmificance
1. Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause
fish or wildlife population to drop below self-sustaining levels, threaten levels,
threaten to ellmln..te a plant or .nlm..1 community, reduce the Dumber or
restrict the range of a rare or endangered plant or .nlm.l, or eHmlJl8te
Important examples of the major periods of California history or ,rebIstory?
The project site has been used for agricultural purpose for over a hllJldred years;
there are no significant resources present. There are DO habitats of fish or wildlife
present. Therefore, there will be no reduction of population levels below a self-
sustaining level effected. There are no cultural resources present.
2. Does the project have the potential to achieve short-term environmental goals to
the disadvantage of long-term environmental goals?
There are no long term environmental goals that specifically effect this project site
or project. Therefore. there are no short-term impacts which will impact long-term
goals.
3. Does the project have possible effects which are IIIdlviduaUy Hmited but
cumulatively considerable? As used III the IUbsectlon, "cumulatively
considerable" means that the IIIcremental effects of aD IIIdlvidual project are
considerable when viewed In connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects.
The adoption of this Eastlake housing program will not have any cumulative adverse
impacts on the environment. Rather, the program will promote a broader housing
base with a wider range of housing prices and types.
4. Will the environmental effects of a project will cause substantial adverse effects
on human beings, either directly or llldirectly.
The proposed project is in compliance with threshold standards for fire, police, and
other public services as discussed in the threshold section of the Initial Study. The
project site will not cause significant environmental impacts to humans, either directly
or indirectly.
F. Consultation
I. Individuals and OrI'Jln;7Jltions
City of Chula Vista: Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
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Bob Sennett, Planning
Ken Larsen, Director of Building & Housing
Carol Gove, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt, Parks & Recreation Dept.
Ann Moore, Assistant City Attorney
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Eastlake Affordable Housing Taskforce
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
Draft of "A Program for the Provision of Affordable Housing within the Eastlake
Community", Dec. 1994
3. Initial Studv
This environmental determination is based on the attached Initial Study as well as any
comments on the Initial Study and this Mitigated Negative Declaration, and reflects
the independent judgement of the City of Chula Vista. Further information regarding
the environmental review of the project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
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Case No. IS-9S-21
ENVIRONMENTAL CHECKLIST FORM
I. Name of Proponent: 15-95-21
2.
Lead Alency Name and Address:
City of Chula Vista
276 Fourth A venue
ChuJa Vista, CA 91910
3. Address and Phone Number of Proponent: City of ChuJa Vista, 276 Fourth Ave.
Chula Vista, CA, (619) 691-5101
4. Name of Proposal: EastLake Affordable Housing Program
S. Date of Checklist: April 20. 1995
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LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or
zoning?
b) Conflict with applicable environmenttl plans or
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g.,
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of
an established community (including a low-
income or minority community)?
Comments: The primary site # J is designated as residential medium-high which would permit 348
dwelling units at mid point of the density range, however, the current entitlement permits 4.5
dwellling units per acre which would permit 108 dwelling units. By bringing the entitlement density
into conformity with the General Development Plan density this conflict for affordable housing would
be achieved.
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There are no adopted environmental plans or policies that could result in a conflict because of this
project. There are no agricultural resources that would be impacted by this project. This project is on
the edge of the EastLake project surrounded by a High School, a major utility element, the future SR-
125, a planned major street and an enclosed water storage facility.
This project is at both a project level and a program level. Therefore, this environmental analysis
must also be at both levels. The above analysis is at a project level of analysis for Phase I-Immediate
effort. The following is a programatic analysis of the Phase 11 Future-efforts of the EastLake
Affordable Housing Program. Project site #9 may be in conflict with the GDP/GP, however, as with
each of the project sites more precise analysis will be necessary; this site may not appropriate for the
proposed use.
The project may be in conflict with the existing General Plan or zoning. However, as future proposals
under the policies are developed they will be the subject of further and more detailed environmental
analysis to determine the precise level of impact.
u.
POPULATION AND HOUSING, Would the
proposal:
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
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Comments: The proposal at a project level would not exceed any regional or local population
projections with the exception of site #3 which would require a General Plan amendment to residential
use. The num ber of units that would be produced would not create any significant impact.
Phase II of the proposal is detailed enough to provide an analysis of even a policy level of analysis.
This program level of analysis will be subject to further and more detailed environmental analysis
prior to any cor.sideration of future action.
III. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving:
a) Unstable earth conditions or changes in 0 0 0 IllI
geologic substructures?
b) Disruptions. displacements. compaction or 0 0 0 IllI
overcovering of the soil?
c) Change in topography or ground surface relief 0 0 0 IllI
features?
d) The destruction. covering or modification of 0 0 0 IllI
any unique geologic or physical features?
e) Any increase in wind or water erosion of soils, 0 0 0 IllI
either on or off the site"
f) Changes in deposition or erosion of beach 0 0 0 IllI
sands. or changes in siltation. deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
g) Exposure of people or property to geologic 0 0 0 IllI
hazards such as earthquakes. landslides. mud
slides. ground failure. or similar hazards?
Comments: There are no Geographical conditions that would result in any significant environmental
impact that would n01 be fully mitigated through standard development regulations which are in place.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff?
b) Exposure of people or property to water related
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration
of surface water quality (e.g.. temperature,
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any
water body?
o
o
IllI
o
o
o
o
IllI
o
o
o
IllI
o
o
o
IllI
WPC F .Hm.fE.P1.,"'~'I~GSTORED 1'11Q.,f
-3(., -
Pa8e 3
e) Changes in currents. or the course of direction
of water movements. in either marine or fresh
waters?
1) Change in the quantity of ground waters. either
through direct additions or withdrawals. or
through intercept;on of an aquifer by cuts or
excavations?
g) A Itered direction or rate of flow of
groundwater?
h) Impacts to groundwater quality?
i) Alterations to the course or flow of flood
waters?
POl,"lIll1~
Pol,atiall, Ii,ninel.t ......1.....
S1pUiUfll llftt,SI 1i,"me'I"1 N.
I_plcl Mili,ll,d .. I.pltl I..pltl
0 0 0 I!lI
o
o
o
o
o
o
o
o
o
o
o
o
I!lI
I!lI
I!lI
I!lI
jt Substantial reduction in the amount of water
othem ise available for public water supplies"
Comments: There will be some increase in absorbtion rates. rate or amount of surface runoff. As
was found in the EastLake FEIR and Greens/Trails and Greens SPA FSEIR's these changes will not
result in any significant. On a programatic basis there may. depending on precise plans there may be
change in the discharge into the lower Otay reservoir it has been concluded form previous
environmental documents (noted above) that this change would not result in a significant
environmental impact.
V. AIR Ql:ALlTY. Would the proposal.
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
c) Alter air movement. moisture. or temperature.
or cause any change in climate. either locally or
regionally"
d) Create objectionable odors"
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
I!lI
I!lI
I!lI
I!lI
I!lI
e) Create a substantial increase in stationary or
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments: The project. at a project and program level. is in compliance with the projections of
SANDAG Series 7 & 8 long range forecasts and does not violate any in quality standards. On a
program level an alignment of SR-125 may expose residents to a higher level of air pollutants. This
potential will need funher analysis when the precise route is known, as well as traffic volumes for the
type of facility has been established.
VI. TRANSPORTATIONICIRCULATION. Would
the proposal result in:
a) Increased vehicle trips or traffic congestion?
o
o
o
o
o
I!lI
I!lI
o
\\PC F HO'tEPl"~;";I"GSTORED 171894
-31-
Page 4
.:LtJ -/~p
b) Hazards to safety from design features (e.g..
sharp curves or dangerous intersections) or
incompatible uses (e.g.. farm equipment)?
c) Inadequate emergency access or access to
nearby uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or bicyclists?
1) Conflicts with adopted policies supponing
alternative transponation (e.g. bus turnouts,
bicycle racks)?
g) Rail. waterborne or air traffic impacts?
Pot.nli.ll~
);1"'11,11, Spirit_nl .......111."
S1,"innnl v..... Sitaifiunl No
I.patl Milipl,d 1...(1 IMpatl
0 0 0 IllI
o
o
o
o
o
o
o
.0
o
o
o
o
o
o
o
IllI
IllI
IllI
IllI
IllI
h) A "large project" under the Congestion
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: The project. at a project level. would not result in any increase in vehicle trips. The
change in land use in site #3 in Phase I could result in a reduction in the number of vehicle trips.
There are no inadequate design elements that would result in any significant impacts. There are no
conflicts with any alternative transponation modes and any change in trips would not constitute a
"large project" under the congestion management program.
VII. BIOLOGICAL RESOURCES. Would Ihe
proposal resull in impacts 10:
a) Endangered. sensitive species, species of
concern or species that are candidates for
listingO
b) Locally designated species (e.g., heritage trees)?
c) Locally designated natural communities (e.g.
oak forest. coastal habitat, etc.)?
d) Wetland habitat (e.g.. marsh, riparian and vernal
pool)?
e) Wildlife dispersal or migration corridors?
o
o
o
o
o
o
o
o
o
o
IllI
o
o
IllI
o
o
o
o
IllI
o
IllI
IllI
o
IllI
1) Affect regional habitat preservation planning
effons?
Comments: Almost all of the project site has been used for agricultural purposes for over ]00 years
and much of the site has been graded. The exception is site #9 within the Phase II are. This potential
site involves on site biological resources and is adjacent to the Salt Creek Maritime Coastal Sage
habitat area. The evaluation of this site is at a Phase II programmatic level and must be further
studied at the time of more specific analysis; this site may not be appropriate for funher analysis.
o
o
o
IllI
WPC F ;.HO\lEPl"'-'''I'GSTOkED.171194
- ,g--
Page S
'Ol.._tilll)
'ot.llli_lI~ Si,nifiunl L..ulhln
IiI_InulIl V.....n lipifiunl No
..,.rl Mltl,ll.d I.parl I..parl
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation D D IBI D
plans?
b) Use non-renewable resources in a wasteful a;;d D D IBI D
hlefficient manner?
c) If the site is designated for mineral resource D D IBI D
protection, will this project impact this
protection?
Comments: There are no adopted energy conservation plans that would be impacted by the proposed
project. nor would there be no wasteful or insufficient consumption of resources in these areas of
higher than typical densities in suburban development of past years.
IX. HAZARDS. Would the proposal in\'olve:
a) A risk of accidental explosion or release of D D D IBI
hazardous substances (including. but not limited
to: petroleum products. pesticides, chemicals or
radiation)?
b) Possible interference with an emergency D D D IBI
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential D D D IBI
health hazard?
d) Exposure of people to existing sources of D D D IBI
potential health hazards?
e) Increased fire hazard in areas with flammable D D D IBI
brush. grass. or trees?
Comments: The project as proposed, nor anything at the project site would result in an accidental
explosion. release of hazardous substances, exposure of people to any of the above or to a fire hazard.
There are no emergency or evacuation response plans that would be impacted by the proposed project.
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? D D IBI D
b) Exposure of people to severe noise levels? D D 0 IBI
Comments: The project will result in an increase in noise levels that is commensurate with other
urbanized areas in the vicinity. There is a potential for exposure to noise levels from SR-125 and
other high volume streets. Without specific traffic volumes and site and street designs specific
mitigation measures can not be presented at this level of analysis. But this will be subject to a more
detailed Programmatic analysis at a future time.
WPC' F .HO"IE.PL.,"'~""I"G5TOR.ED,I'119.4
- 39-
Page 6
:lLJ-I1-?
POle.IIII1)'
PcHtllli.ll) Sil.munl .........n
!itn!nc.., V-'''II IillllnUlI1 !\io
l.pacl Mllilllfd I.,.ct" l.plCI
XI. PUBLIC SERVICES. Would the proposal have
an efject upon, or result in a need for new or
altered governmelll sen'ices in an)' of the following
areas:
a) Fire protection? D D D IllI
b) Police protection? D D D IllI
c) Schools? D D D IllI
d) Maintenance of public facilities. including D D D IllI
roads?
e) Other governmental services? D D D IllI
Comments: All City Departments. any other effected public agencies have found that they will not
be significantly impacted by the proposed project.
XII.
Thresholds. Will the proposal adversel)' impact the
CIty's Threshold Standards?
D
D
D
IllI
As described below. the proposed project does not adversely impact any of the seen Threshold
Standards.
a) Fire/EMS
The Threshold Standards requires that fire and medical units must be able to respond to
calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of
the cases, The City of Chula Vista has indicated that this threshold standard will be met.
since the nearest fire station is 2 miles away and would be associated with a 3-4 minutes
response time. The proposed project will comply with this Threshold Standard,
Comments: For Phase I there will be an adequate level of fire protection. For Phase II the
programmatic element. will have to be evaluated for any requirements for a high level of service in
later phases of EastLake.
b) Police
The Threshold Standards require that police units must respond to 84% of Priority I calls
within 7 minutes or less and maintain an average response time to all Priority I calls of
4.5 minutes or less, Police units must respond to 62,10% of Priority 2 calls within 7
minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes
or less. The proposed project will comply with this Threshold Standard.
Comments: The Police Department will be adequate level of police protection for Phase I of the
program. The program element will have to be evaluated at the time that Phase 11 of the project is
further evaluated.
WPC F.HmIEPL~:,\"""]'GSTOR.fO ]118 Q4
-'fo-
Page 7
POI.nliall~
Sil"lfican.
IMpac.
PO"Dliall~
Si.nilinnl
Unl...
Mlli.alfd
Leu tlla"
Si.nllicalll
IMplltt
N,
l.paCl
c) Traffic
The Threshold Standards require that all intersections must operate at a Level of Service
(LOS) "C" or bener. with the exception that Level of Service (LOS) "0" may occur
during the peak two hours of the day at signalized intersections. Intersections west of
1.80S are not to operate at a J .OS below their 1987 LOS. No intersection may reach LOS
"E" or "F" during the avera:;.~ weekday peak hour. Intersections of anerials with freeway
ramps are exempted from this Standard. The proposed project will comply with this
Threshold Standard.
Comments: The Engineering Department has found that there will be no significant effect in
maintaining adequate LOS standards for the project given the Public Facilities Financing Program for
the project area and the necessary updates required for any revision.
d) ParksIRecreation
.
The Threshold Standard for Parks and Recreation is 3 acresll,OOO population. The
proposed project will comply with this Threshold Standard.
Comments: The Parks and Recreation Department has indicated that there will be adequate parks
provided throughout the life of the project.
e) Drainage
The Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering
Standards. The proposed project will comply with this Threshold Standard.
Comments: The Engineering Department has found that there will be no significant impact on these
services.
f) Sewer
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
Comments: The Engineering Department has found that there will be no significant impact on these
services.
g) Water
The Threshold Standards require that adequate storage, treatment. and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project will
comply with this Threshold Standard.
"'PC FHO\IE Pl.'rS"I'G'STORED 1718 Q.j
-~/ -
Paie 8
;) t:J - /.5ZJ
. POlnlilll~
Silllifiunl
I_pit.
POI'ali.lI~
Sit:..ifiUnl
U.kn
Milia.l,d
Ln......
Splrit.1I1
l_pIItl
.,
I..parl
Comments: There has been any indication from water providing agencies that they will not be able
to provide water services in accordance with the City's Threshold Standards.
XIII. UTILITIES AND SERVICE SYSTEMS. Would
the proposal result in a need for new systems. or
substantial alterations to the following utilities:
a) Power or natural gas? [J [J [J 181
b) Communications systems? [J [J [J 181
c) Local or regional water treatment or distribution [J [J [J 181
facilities?
d) Sewer or septic tanks' [J [J [J 181
e) Storm water drainage? [J [J [J 181
f) Solid waste disposal? [J [J [J 181
Comments: All of the services are adjacent to the project or can be easily extended to serve to Phase
I and Phase II sites. No agency has indicated any difficulty in providing any of these services.
XIV. AESTHETICS. Would the proposal.
a) Obstruct any scenic vista or view open to the [J [J [J 181
public or will the proposal result in the creation
of an aesthetically offensive site open to public
vie\\ ?
b) Cause the destruction or modification of a [J [J [J 181
scenic Toute?
c) Have a demonstrable negative aesthetic effect? [J [J [J 181
d) Create added light or glare sources that could [J [J [J 181
increase the level of sky glow in an area or
cause this project to fail to comply with Section
] 9.66.1 00 of the Chula Vista Municipal Code.
Title 19?
e) Result in an additional amount of spill light? [J [J [J 181
Comments: The project level Phase J analysis and the Phase II program analysis do not provide
enough detail to evaluate the Aesthetic impact of the proposal. Further analysis will be necessary as
individual project sites reach discretionary approvals.
XV. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or
the destruction or a prehistoric or historic
archaeological site?
[J
[J
[J
181
""PC r HO~lE PL...'....I'O.5TOR.ED 171194
-+~ -
Pas, 9
d) Will the proposal restrict existing religious or
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan
EIR as an area of high potential for
archeological resources?
Comments: As was previously determined in the EastLake and EastLake Greensftrails documents,
there are no archeologicallhistorical sites that would be directly or indirectly impacted by the proposed
program. .'
XVI. PALEONTOLOGICAL RESOURCES, Jf'ilIthe
proposal resul, in ,he alteration of or the
destruction of paleontological resources?
Comments: The project is in an area of potentially significant paleontological resources. Standard
development regulations require that Paleo mitigation monitors be present during grading operation
with the authority necessary to avoid any impact and assure the recovery of all discovered resources.
b) Will the proposal result in adverse physical or
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a
physical change which would affect unique
ethnic cultural values?
Polf..Ii.Il~
.ol....ti.lI~ Si,.inca"t Lelllh...
Spiliu... l'aln. S.airltllU N.
I_..et Mili,ll,d , I.,.C'I ..,.c.
0 0 0 IB:I
o
o
o
IB:I
o
o
IB:I
o
o
o
IB:I
o
o
o
IB:I
o
XVII, RECREATION. Would the proposal
a) Increase the demand for neighborhood or 0 0 0 IB:I
regional parks or other recreational facilities"
b) Affect existing recreational opportunities? 0 0 0 IB:I
c) Interfere with recreation parks & recreation 0 0 0 IB:I
plans or programs?
Comments: As has been noted above impacts on existing recreational opportunities, future demands
will be achieved through existing requirements and there will be no interference existing plans or
programs.
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative Declaration for
mandatory findings of significance. Jf an EJR is
needed. this section should be completed.
WI'(' F .HO\tEPL.......'I'CSTOREO 11119-1
-'13-
Page 10 1
;2.tJ -I f/
P.lnti.lI~
POltllti.lI~ "...mUftl .........ft
Si.llinn..l llaJHI ".lllie'lnl .,
I"PICI Mlti.al.d 1.~CI l.pacI
a) Does the project have the potential to degrade 0 0 0 I!lI
the quality of the environment. substantially
reduce the habitat of a fish or wildlife species.
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict thp range of a rare or
endangered plant or animal or eliminate
important examples of the major periods or
California history or prehistory?
Comments: Please refer to Section E. of the Negative Declaration.
b) Does the project have the potential to achieve 0 0 0 I!lI
shon-term. to the disadvantage of long-term.
environmental goals"
Comments: Please refer to Section E. of the Negative Declaration.
c) Does the project have impacts that are 0 0 0 I!lI
individually limited. but cumulatively
considerable" ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects. the effects of
other current projects. and the effects of
probable future projects.)
Comments: Please refer to Section E. of the Negative Declaration.
d) Does the project have environmental effect 0 0 0 I!lI
which will cause substantial adverse effects on
human beings. either directly or indirectly?
Comments: Please refer to Section E. of the Negative Declaration.
Wp\ FHmlE PL~"J'GSTORED 1718 Cl-a
- 4<1- -
Page II
ENVIRONMENTAL FA(..ORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project. involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." as
indicated by the checklist on the following pages.
. Land Use and Planning
o Population ar.d Housing
o Geophysical
o Water
o Transponation/Circulation
. Biological Resources
o Energy and Mineral Resources
o Hazards
o Public Services
o Utilities and Service S)'stems
o Aesthetics
o Cultural Resources
o Air Quality
o Noise
o Mandatory Findings of Significance
o Recreation
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment. and 0
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, .
there will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an 0
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least 0
one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal
standards. and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impacts" or "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
~ Environmental Revie
r- City of Chula Vist
9/~/".s
Date '
WPC F HO\IE PL.I,"Itt.;Q STORED 11119J
-~~
Page 12
;2.0 -/~
Case No. /5 -7~>.;J/
PLAm.1NG DEPARTMENT
APPENDIX III
CITY DATA SHEET
(P-'~/yoJ )-
<;'/1_ (~ _ )
L _.It ~~~~ ,
, --
Does the project conform to the current zoning? o.:.t liu
Current ZoninlZ on site: f C-
Nol".h
South ----Fe-
East p r
West p,
I.
D. General Plan land use designation on site:
North
South
East
West
t"'""'~~\":" _~
Is the project compatible with the General Plan Land Use Diagram? ~1./'"'
Is the project area designated for conservation or open space or adjacent to an area so designated?
. , .j L
,
,
Is the project located adjacent to any scenic routes? ,/Vv,-
(If yes. describe the design techniques being used to protect or enhance the scenic quality of the
route).
m. Schools
If the proposed project is residential. please complete the following:
School
CIDacitv
Enrollment
Units
Prooosed
Geoerating
Factors
Students
aenerated
From Proiect
Elementary
lunior High
Senior High
IV. Remarks:
.30
.29
.10
+/-Zc /q~
D~ /
Yo7C:f'~Dn93 u. 1021.113) (JoI. IO:lll.93)
-4iP-
Paae J
Case No. /.S 9<~ -';;>1
APPENDIX IV
Comments
Received During the Public Review Period
L No Comments Were Received During the Public Review Period
.
WPC""~ORiIN020.1l3 (all'. 11ll1.93)(W.IOlO.1l3)
- "1-"1 -
.2tJ - / S ..J;
. Case No. /s 9.,-. ~/
FIRE DEPARTMENT
A. What is the distance to the nearest fire station? An!! what is the File Depanment's estimated
lUetion time? f:,c +N> f'f">+ ytlCl">t' ,..,r~ ~ Fa"'-4\aIl&...\I.\~ .jh~ .
dir-.-+rtllC" -\0 ","E.I'\~~ Q",.. ....\dio.., "ill: ifi ll-ppt't"\;: -; rr.ile>
f'1A~+\o("\ -\-iY\'\o. {b .~-4 Mi..... A,.dd ,.+ionCll ti VV\P tU"\li ,..J "5~OJ)C~
e~ivY\o:\e.s. ....,i1~ be. ~i"el"\ c..>heV\ lS?eC;''ic. si""=~ o..~ ',d",d.:{.i<<f.
B. Will the File Depanment be able to provide an adequate level of fire protection for the
proposed facility without an increase in equipment or persoMel? ~
~~v~~",,~~::~~~(l:'~;:;~i~~ ~~:.k:~lo.n.
c.
Remarks ..ll.1ore. cr'n1n~e.n+s.
So VI? C " -C'; '- .s.'~ c., (\ f'e.
tel ; ILb e mf> de c.) h 'CHI
"'\n v'Y\ e d .
~, Uih~t7' ,
F' Marshal
03 -{<(- ((S-
Date
WPC:F'~022.93 (Ro(. IIllI.") (W. 1020.'3)
'II< 6
-4-f-
LltsiL
I
7"
APPUCA TlON CANNOT Br. . _CEPTED UNLESS SITE
PLAN IS FOLDED TO m INTO AN 8-112 X 11 FOLDER
INITIAL STUDY
For Office Use Only
Cue No. IS. 9'5.- 2.1
'DpsL AmnL -t9-
Receipt No. -6-
Dale: Rec' d.
Accepted by
Project No. -
))pst. No.llQ:... _ I
OPNo.. .
RelIIed Cue No._
City of Chula Vista
Application Fonn
A. BACKGROUND
1. Project Title E.~~T1...A r ~ "rr-=-~ HtIJSI..)(..
2. Project Location (Street address or description) 'PllP.~
~/A
3.
Assessors Book, Page & Parcel No.
Brief Project Description '" ~1E4'- C.ololTl't-l~l,.,)o. I~p.,.,'-''''I~..J
'. f'O....'C.1 ~s '"Tb ,..pPi2-6-S0S '"l1-l-L- Low, M.O~ IfJc.-.&.
~U~ I~Go. QT~~;,.:t"'t~p~\CC ~~S N-JO ~1tE:
Name of Applicant ,.....t.~~.....,. LL ,. ~ .J..IlI!C......
Address. ?.. 7 II> flD...... -.. '" rL . Faxt Phone ""t I - '5, 01
City c..\okA..A J .....-rl. State C./>.. Zip ~ l q, 0
Name of Preparer/Agent "Pc.>~ ~'L"6.L-
Address 2..11. Fo~ ~ , Faxt
City ,..,..... ~ J,...-rir State c.,..
Relation to Applicant r/2-Q ..- Or PL./lr-tt'"' ~
Indicale all pennits or approvals and enclosures or documents required by the Environmental
Review Coordinator.
4.
s.
Phone~
Zip--""\\Q
6.
a. Pennits or approvals required.
General Plan Amendment
_ Rezone/Prezone
_ Grading Permit
_ Tentative Parcel Map
_ Site Plan &\ Arch. Review
_ Special Use Permit
_ Design Review Application
_ Tentative Subd. Map
_ Redevelopment Alency OPA
_ RedeveloplJlMl Aaency DDA
_ Public Project
_ AnneUtiOll
_ Specific Plan
_ CODditionaJ Use Permit
_ Variance
_ Coutal Devekipment
,X. Other Permit
If project is a General Plan Amendment and/or rezone, please indicate the chanp in clesipation from
to
b.
Enclosures or documentS (IS required by the Environmental Review Coordinator).
_ Arch. ElevatiOllS _ Hydrolo&icll Study
Landscape Plans Biololical Study
= Tentative Subd. Map = Arcbaeolopcal Study
Improvement Plans Noise Asses_ot
= Soils Report - Olher Aaency Permit
_ Geotecbnicll Repat :x Olher
_ Grading Plan
_ Parcel Map
_ Precise Plan
_ Specific Plan
_ Traffic Impact Report
_ Hazardous Waste Assessment
~tJ-/sf
Pac. 1
WI'C,f,~Cl\STClREDII011.".93 (101. 11l1O.931 (101. 1l~:.934 '1. _
E. CERTIFICA nON
I, as owner/owner in escrow.
Print name
or
W~tJt:. ~....~ ~~~ Wc.J5.r~
~~ Fe/e...f"f:,.
HEREBY AFFIRM, that to the best of my belief. the statements and information herein cantained are in a1\
ftSpects tnle and comet and that a1\ known infonnation canceming the project and its seuing has been
included in this application for an Initial Study of possible environmental impact and any enclosures for
I!lachments thereto.
Owner/Owner in Escrow Signature
or
~
Consultant or Agent ature
Date
"l./'~/-'5
.If ICling for a corporation. include capacity and company name.
WI'C~O:I-A.PJ (101. IO:o.r.l) (101. IIm.n)
-
-050-
Pace 7
lHIS PAGE INTENTIONAllY LEFT BLANK
- 5;2. -
May 16,1995
MAY 1 J
iOe;:
...~... -
Chula Vista Planning Department
clo Duane E. Bazze1
276 Fourth Ave.
Chula Vista, CA 91910
RE: EastLake Affordable Housing Plan
Dear Chula Vista Planning,
I am a homeowner at EastLake Greens. I want to welcome our new neighbors who
will reside in our new subassociation ofEastLake Greens.
The purpose of this letter is to stress the importance of establishing this new
subassocation as another first class residential group with full rights and privileges as
all EastLake Green residents now enjoy. To date we already have three
subassociations within our community. They are The Masters, Fairway Villias and The
Championship Classics. Each of these subassociations have their own private facilities
but also have full use of the EastLake Greens private gated facilities as well.
In keeping with the spirit of assimilating these new housing units into EastLake
Greens, the residents must have full rights and also the full responsibilities as all
EastLake Greens residents. The units and residents must conform to already
established CC&R's and rules and regu1ations. At this time each \iving unit -house or
condo- pays a monthly association fee to the EastLake Greens Homeowner
Association. If the living unit is rented, the owner of the unit, not the tenant, is
responsible to pay the monthly assessment. This system must also continue with the
Affordable Housing Units. The tenant must enjoy full use of the faaci1ities with the
landlord being responsible for maintaining the monthly association dues.
I request the Planning Department keep in mind we want to maintain the quality of our
neighborhood by having all first class residents and not create a second class
subassociation with limited access and responsib\ity in our EastLake Greens
community.
Re
Barry Stinson
2295 Cobb Meadow Place
Chula Vista, CA 91915
cc:file
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ATTACHMENT 7
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MEMORANDUM
FROM:
EastLake Affordable Housing Task Force (J ~
David Gustafson, Assistant Director of Community Development ~
TO:
SUBJECT:
ATHLETE HOUSING & CHULA VISTA HOUSING GOALS
The EastLake Affordable Housing Task Force has raised the issue of whether or not
athlete housing at the Olympic Training Center (OTC) can count towards Chula Vista's
regional housing goals established in the City's Housing Element. The following
discussion explains more fully the type of housing to be provided by the OTC, the
housing goals established in the Housing Element that are most applicable to OTC
housing and EastLake affordable housing, the criteria used in the Housing Element to
credit housing units towards the City's housing goals, an analysis of how this criteria
applies to OTC athlete housing, and a staff recommendation.
OLYMPIC TRAINING CENTER HOUSING
The Olympic Training Center (OTC) intends to build dormitory - style housing for 180
athletes with plans to expand the facility at some point in the future to hold
approximately 400 athletes. Athletes would mostly be housed two per room with a
few single-person rooms, and two rooms would share a bathroom. A central cafeteria
and kitchen area would provide meals. Athletes would be sent by the federation
sponsoring their particular sport with the federation paying room and board.
Generally, the athletes would stay for three to four months at a time between
competitions.
CHULA VISTA HOUSING GOALS
The Housing Element is a comprehensive document analyzing current and future
housing needs. It provides data such as existing housing, land use, population and
socio-economic characteristics. and programs available to meet housing needs. The
Housing Element then identifies goals to meet the various housing needs in the
community.
The three goals most applicable to OTC housing and EastLake affordable housing are:
1. regional and fair share (affordable) housing goals;
2. the provision of affordable rental housing to special need
populations; and
3. achievement of a balanced residential community.
Below is a discussion of each of these goals including an analysis of how units are
credited against each goal and whether or not OTC athlete housing could satisfy these
goals.
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Goal 1: Reaional & Fair Share Housina Goals
State Housing Element Law requires jurisdictions to identify housing needs for all
economic segments of the population, and to identify goals for meeting those needs.
The San Diego Association of Governments (SANDAG) prepares the regional housing
needs statement for all jurisdictions in the county, which identifies existing and
projected housing needs. This needs assessm,mt takes into consideration housing
already provided in a community in an effort to avoid concentrations of lower-income
housing in areas where high proportions already exist, and to ensure that all
jurisdictions share the responsibility of providing housing.
Each jurisdiction has adopted the "Regional Housing Needs Statement" (RHNS)
prepared by SANDAG for the 1990-1996 planning period, and incorporated it into
their respective housing elements. The Regional Housing Needs Statement establishes
a "regional share" and "fair share" housing allocation for each jurisdiction. The
regional share identifies the need for new housing units for all income groups, and the
fair share allocation identifies the number of lower-income households needing
assistance. Lower-income households are defined as those households at or below
80% of the median income. The fair share goal is established by SANDAG and is not
a requirement of Housing Element Law. However, it was developed to help
jurisdictions identify a reasonable benchmark for meeting the housing needs of lower
income households, and working to meet those needs is a requirement of Housing
Element Law. Chula Vista's five year fair share goal (the minimum number of
affordable units we will strive to achieve over a five year period) is 1,058 or
approximately 212 new affordable housing units per year. This is equivalent to about
13 % of the total lower-income housing need in the City.
Criteria for Meetina the Reaional Need & Fair Share Housina Goal/OTC Housing
Evaluation
According to the State Department of Housing and Community Development, in order
for a unit to be counted towards the City's regional housing goal it must meet.2!1 of
the following criteria:
1. It is new housing or existing housing that is newly designated as affordable
(changing it from market rate housing to newly designated affordable housing). OTC
housing meets this criteria as it will be new housing.
2. It must provide permanent housing for occupants. Permanent housing units must
be separate, self-contained units that have their own kitchen and bathroom. The unit
must also be offered as permanent housing. The units at OTC are dormitories with
common facilities, and athletes would only occupy the housing on a temporary basis,
so OTC housing does not meet this requirement.
3. To be counted as lower-income housing, it must be maintained as affordable for
lower income households. Generally this is accomplished through some type of
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restriction such as a recorded deed restriction. The type and length of restriction are
dictated by the type of subsidy provided, if any. Generally these restrictions also
include requirements that all or a portion of the units be designated exclusively for
lower-income households. While OTC athletes would have their expenses covered by
their sponsoring athletic federation, the housing is not necessarily designated as
affordable and athletes will not need to be lower income to qualify for housing. It
might be possible for OTC housing to meet this criteria if they somehow guaranteed
the affordability of their housing.
In summary, OTC housing cannot be counted towards the City's regional housing goal
or fair share housing goal because it is not permanent housing and does not have
specific affordability requirements.
Goal 2: Soecial Housina Needs
The Housing Element identifies populations that have special housing needs such as
students, seniors, single-parent families, and the homeless. One of the goals
identified in the Housing Element is to address special housing needs.
Criteria for Addressina Soecial Housina Needs/OTC Evaluation
SANDAG, in their Regional Housing Needs Statement (incorporated into the City's
Housing Element) makes a distinction between special needs housing and housing
provided by an institution that is exclusively for members of the institution. For
example, military housing that is located on a base, housing at a hospital that is
exclusively for interns or student nurses, and dormitories on college campuses would
not be counted towards the City's special needs housing goals. .
OTC housing is specifically for the athletes that train at the center. Thus, OTC does
not provide specialty housing for the community; rather, it meets the needs of their
institution.
Goal 3: Balanced Communities Goal
Another goal of the City's Housing Element is to achieve a balanced residential
community through the integration of housing for low and moderate income
households throughout the City. In response to the new development occurring in the
eastern territory of the City, the City Council adopted the Affordable Housing Program
(AHPj, and this program is identified in the Housing Element as one method for
achieving a balanced community. As you know, the AHP requires developments of
50 or more units to set aside 5% of the units for lower-income households and
another 5% for moderate income families. Implementation of the Affordable Housing
Program is one of the primary objectives of the EastLake Affordable Housing Task
Force.
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Criteria for Achievina Balanced Communities Goal/OTC Evaluation
Obviously, implementation of the balanced communities goal is not as straightforward
as the other two goals discussed in this memo. If it were, the EastLake Affordable
Housing Task Force would not be grappling with the issue of how to provide
affordable housing in the eastern territory.
The following guidelines are provided to help the task force assess th& feasibility and
desirability of counting OTC athlete housing as addressing the balanced communities
goal:
1. OTC housing cannot be counted against any other City Housing Element goal. In
particular, the units would not count towards the regional housing goal or fair share
affordable housing goal which are the performance standards the City must strive to
achieve.
2. OTC and other institutional housing are not counted by SANDAG as fulfilling
special housing needs so these units were not factored into SANDAG's Regional
Housing Needs Statement which was adopted by the City. It would be inconsistent
to count this type of housing as meeting affordable housing goals when our housing
needs statement excludes it.
3. OTC units were not counted in the overall unit count for the eastern territory of
the City. In order to count them towards the affordability goals, they would need to
be included in the housing count. This would increase the number of affordable
housing units developers are required to provide.
4. If OTC does not provided housing for its athletes, this could impact the rest of the
housing stock. Clearly it is desirable for OTC to provide athlete housing. However,
it does not count towards the affordable housing goals in the Housing Element.
5. The low and moderate income requirements (5% each) of the AHP, when applied
to specific developments. yield specific numbers of affordable units to be provided in
those developments. To the degree that OTC housing is recognized and counted
within the EastLake definitive unit count obligation for low-income housing, other low-
income units will not be provided. .
STAFF RECOMMENDATION
Given the above analyses, it is staff's recommendation that the OTC athlete housing
not be credited toward EastLake's Affordable Housing Program performance.
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COUNCIL AGENDA STATEMENT
ITEM .2../
MEETING DATE 7/25/95
ITEM TITLE: A. RESOLUTION Amending the FY95/96 Budget to add
.50 Training Coordinator and delete .50 Senior Librarian in the Library; delete 1.00
aWL/Training Coordinator and add .50 Training Coordinator in Personnel; reinstate
salary and positions for an interim period of 6 months for employees scheduled to
bump to lower classifications in Public Works/Operations and direct the Finance
Director to transfer funds therefore among departments.
(4/5th Vote: Yes..x.. No_I
B. RESOLUTION Amending Fringe Benefit Resolution
17468 by adding the classification of Training Coordinator to and eliminating the
classification of aWL/Training Coordinator from the Unrepresented group.
(4/5th Vote: Yes
No_x..>.
SUBMITTED BY: CITY MANAGER 9'
The City Council adopted the FY 95-96 budget at its June 27,1995 meeting. One
of the issues that had been discussed at various Council budget review sessions was
the original budget proposal to eliminate the aWL/Training Coordinator position in
Personnel and transfer the incumbent to a reclassified version (Police Community
Relations Coordinator) of a currently vacant Community Services Officer position in
the Police Department. At the June 27th meeting, the Council took action to keep
the aWL/Training Coordinator position in Personnel for the time being, with staff to
further evaluate the issue and report back to Council within thirty days.
At the June 27, 1995 meeting, individual Council member comments also indicated
a desire to continue with the ethics training program and to avoid layoffs.
Staff has reviewed a variety of alternatives for placement of the aWL/Training
Coordinator incumbent. They have analyzed the pros, cons and fiscal impact of each
alternative and the recommended option is believed to best meet the needs of the
City and the incumbent.
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RECOMMENDATION:
That Council adopt resolutions:
(1) Amending the FY 1995/96 Budget to add .50 Training Coordinator and delete
.50 Senior Librarian in the Library; delete 1.00 QWLlTraining Coordinator and
add .50 Training Coordinator in Personnel; reinstate salary and positions for an
interim period of 6 months for employees scheduled to bump to lower
classifications in Public Works/Operations and direct the Finance Director to
transfer funds therefore among departments.
(2) Amending Fringe Benefit Resolution 17468 by adding the classification of
Training Coordinator to, and eliminating the classification of QWLlTraining
Coordinator from, the Unrepresented group.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In the budget originally presented to City Council, staff had proposed that the
incumbent in the QWLlTraining Coordinator position be transferred to the Police
Department in a Community Outreach unit with the intent that she would still be
available for providing training in Ethics. A number of questions were raised about
that transfer proposal and staff committed to return to the Council regarding this
issue. This report provides that response.
Staff has thoroughly evaluated a number of alternatives for transfer of the
QWL/Training Coordinator. All alternatives provide for the continuation of training
in Ethics. The following four options were considered and are summarized on a chart
on page 15.'
OPTION #1
Action:
Reclassify 1.0 Community Service Officer (CSO) position in the Police
Department to Community Relations Coordinator (No change in pay).
Transfer QWL/Training Coordinator to Community Relations
Coordinator position.
Delete 1.0 QWLlTraining Coordinator position from Personnel.
2
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c).'
Fiscal Imoact:
Savings of $34,992 per year compared to the budget as approved by
Council. (Assumes Y-rate* of incumbent)
Duties:
The incumbent would coordinate the Police Department's various
volunteer programs, (CAST, SVPP, PAL and support volunteers),
participate in crime prevention and community relations programs.
Staff Impact:
The CSO currently assigned to Crime Prevention would be
transferred to the front counter CSO position, which is currently
vacant.
Option #1
Advantages:
This option would provide valuable, needed support for the
Police Department's rapidly expanding volunteer programs.
The OWL/Training Coordinator has extensive experience with the
volunteer programs and the ability to work effectively with groups.
Option #1 The OWL/Training Coordinator has limited or no experience in
Disadvantages: some aspects of the job (Neighborhood Watch, Community
Outreach, special events).
Transfer of the CSO in Crime Prevention to the front counter, though
clearly a Management right. is seen by that employee as negative.
Conclusion:
This option is viable in that it meets many needs of the Police
Department; however, because of the disadvantages noted above,
this may not be the best option.
OPTION #2
Action:
Reclassify .50 CSO to Volunteer Coordinator (same pay) in the Police
Department.
Delete .50 OWL/Training Coordinator in Personnel and transfer
incumbent to .50 Volunteer Coordinator position in the Police
Department.
*Y-rate is defined as any rate of pay in excess of Step E and may be utilized when
an employee is placed in a lower level position for non-disciplinary reasons. It
maintains their current rate of pay until the rate of pay for the new position "catches
up",
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o.
Fiscal Imoact:
Duties:
Staff Impact:
Option #2
AdvantaQes:
Option #2
DisadvantaQes:
Conclusion:
OPTION #3
Action:
--I
Reclassify .50 OWLlTraining Coordinator in Personnel to .50 Training
Coordinator in Personnel.
Hire .50 CSO in the Police Department to staff front counter.
Savings of $17.496 per year compared to budget as approved by
Council. (Assumes V-rate of incumbent)
In the Police Department, the Training Coordinator would coordinate
the various volunteer programs; in Personnel the Training Coordinator
would develop and coordinate Citywide training, coordinate
volunteers, and provide Ethics training as needed.
In both Police and Personnel there would be some shifting of duties.
This was accounted for in the Personnel Department at the time the
position was recommended to be eliminated. Minor shifting of duties
would be necessitated in the Police Department so that the Training
Coordinator could take over volunteer program coordination. In order
to provide full CSO coverage at the front counter, existing staff
would be required to absorb the remaining .50 CSO duties of the
currently vacant full-time CSO position.
This option retains, on a half-time basis, an individual to coordinate
and develop Citywide training and provide needed attention to the
Citywide volunteer program. Additionally, it provides the valuable
volunteer program coordination to the Police Department without
considerable shifting of duties within the Community Outreach unit.
Savings is considerably less than in the other options.
Existing non-sworn staff will have to pick-up additional front counter
duties not covered by the .50 CSO.
While this is a viable option, because of the limited savings it is not
recommended.
Delete 1.0 OWL/Training Coordinator in Personnel and transfer
incumbent to the vacant Human Services Coordinator position in the
Parks and Recreation Department.
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d-':
Fiscal Imoact:
Duties:
Staff Imoact:
Option #3
AdvantaQes:
Ootion #3
Disadvantage:
Conclusion:
OPTION #4
Action:
Savings of $44,948 per year compared to budget as approved by
Council. (Assumes V-rate of incumbent)
Grant preparation and administration; information and referral; staff
at Norman Park Senior Center; staff liaison to Human Services
Council; various administrative duties.
Immediate impact will be on supervisors as the learning curve for this
position would be at least 6 months. There would, however, be no
shifting of duties or displacement of individuals.
Savings is greater than the other options.
The Director of Parks and Recreation and the Personnel Director do
not believe that there is an adequate match in job responsibilities,
duties, requisite knowledge, skills and abilities and the OWL/Training
Coordinator's background and training.
Although workable, for the aforementioned reasons, this is
considered the least desirable of the alternatives.
1.0 Senior Librarian vacancy will be created by retirement effective
8/17/95.
Delete .50 Senior Librarian in the Library.
Add .50 Training Coordinator in the Library.
Delete .50 OWL/Training Coordinator in Personnel and transfer
incumbent to new .50 Training Coordinator in the Library.
Reclassify .50 OWL/Training Coordinator remaining in Personnel to
.50 Training Coordinator (same pay rate).
Hire a .50 Senior Librarian to supervise EastLake Library operations.
Fiscallmoact: Savings of $27,290 per year compared to budget as approved by
Council.
5
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0"
Duties:
In the Library, the duties of the Training Coordinator would include
development and coordination of Library staff training, public
relations related duties, assisting a Principal Librarian in coordination
of a strategic plan and a wide variety of special projects.
In the Personnel Department duties would include developing and
coordinating Citywide training, coordinating the Citywide volunteer
program and providing Ethics training as needed.
Staff ImDact:
The permanent, half-time Senior Librarian would staff the EastLake
Library. Additional hours needed to supplement the half-time Senior
Librarian at EastLake would be provided from the Supervising
Librarian hours currently approved in the Library budget. Additional
limited impact would be the transfer of a full-time Senior Librarian
who staffs the EastLake Library and performs special projects to the
Civic Center Library.
Ootion #4
Advantaljes:
The Training Coordinator position utilizes the incumbent's
knowledge, skills and abilities in the areas of training development
and coordination as well as volunteer coordination.
It maintains an emphasis on Citywide training and the Citywide
volunteer program by providing the half-time support in Personnel.
It provides the Library with resources in training and Administrative
support as well as the technical expertise provided by the half-time
Senior Librarian.
It does not necessitate the V-rating of the incumbent nor does it
result in a decrease in her pay.
Option #4 Savings are not as great as with Option 1 or 3.
DisadvantaQes:
Conclusion: Staff recommends this option for the aforementioned reasons.
A chart summarizing these options is on page 8. A list of classifications referenced
and corresponding salaries is on page 9.
6
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PUBLIC WORKS/OPERATIONS POSITIONS
Throughout the discussion section, the possibHity of V-rating the OWL/Training
Coordinator was mentioned. It is staff's opinion that V-rating of the aWL/Training
Coordinator without V-rating those employees bumping to lower level classifications
in Public Works/Operations would create significant morale problems. If Council
authorizes any of the four options, there is sufficient savings to reinstate both
position and pay for 6 months for the individuals in Public Works Operations
scheduled to bump. This applies specifically to (1) Senior Maintenance Worker, (1)
Maintenance Worker II, and (2) Tree Trimmers, all scheduled to bump as the result
of position eliminations. (Three of the options provide sufficient savings to reinstate
positions and pay for a full year; however, it is staff's recommendation that 6
months be established with the opportunity for Council to further evaluate the
situation at that time.) It is staff's hope that through attrition several of those
impacted will be placed back in permanent positions in their original classification.
FISCAL IMPACT:
The recommended Option #4 would provide a savings of $27,290 per year compared
to the FY 95-96 budget as approved by Council.
The fiscal impact of reinstating salaries for 6 months for Public Works employees
scheduled to bump to lower classifications is $10,998.
A combination of Option #4 and reinstating salaries for 6 months is a net savings of
$16,292.
Option 4 requires a transfer within the Library Department's budget of $27,168 from
EastLake Library to Library Administration and allows the deletion of $122 from the
Library's budget and the deletion of $27,168 from the Personnel Department budget.
Reinstating salaries for Public Works/Operations employees requires the transfer of
$10,998 from the Personnel Department to Public Works/Operations of the $27,168
that would otherwise be deleted from the Personnel Department budget.
7
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SUMMARY OF OPTIONS
Vacant CSO position in Savings* of $34,992
P.D. is reclassified to
Community Relations
Coordinator.
QWLffraining
Coordinator incumbent is
transferred to that
position & Y-rated
Sharing of position Savings* of $17,496
between Police (as
Volunteer Coordinator)
and Personnel (as
TrainingIV olunteer
Coordinator). Retains .50
CSO
QWLfTraining Savings* of $44,948
Coordinator incumbent
transferred to vacant
Human Services
Coordinator position in
Parks & Rec. Dept.
With retirement of Sf. Savings* of $27,290
Librarian, split that
position into .5 Sf.
Librarian and .5 Training
Coordinator and retain .5
Training Coordinator in
Personnel. The
QWLfTraining
Coordinator incumbent
would staff the Training
Coordinator position
shared by Library &
Personnel
*Compared to budget as approved by Council.
a:\persl
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Viable, but not best
alternative
Not recommended
Not recommended
Recommended
"'
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ClASSIFICA TION/SAlARY CHART
ClASSIFICA TION TiTlE
COMMUNITY SERVICE OFFICER
HUMAN SERVICES COORDINATOR
QWL/TRAINING COORDINATOR
SENIOR LIBRARIAN
ANNUAlE-STEP PAY
$28,040
$39,922
$50,072
$51,081
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MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 27, 1995
4:17p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT:
Councilmembers Alevy, Moot, Padilla, Rindone, and Mayor Horton (left the
meeting at 9:50 p.m.)
ALSO PRESENT:
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
June 13, 1995.
MSUC (Padilla/Rindone) to approve the minutes of June 13, 1995 as presented.
4.
SPECIAL ORDERS OF THE DAY:
None submitted.
CONSENT CALENDAR
(Items pulled: none)
CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and
approved unanimously.
5. WRITTEN COMMUNICATIONS:
.
a. Letter from the City Attorney stating that there were no observed reportable actions taken in Closed
Session on 6/20/95. In addition, in Closed Session on 6/2I195, the City Attorney hereby reports that although
it is not necessarily reportable action, the City Council authorized a settlement offer in the Metro Sewer
Billing dispute, the extent of which is of a nature to be kept confidential. Further negotiations are believed
necessary in order to produce a settlement. It is recommended that the letter be received and filed.
6. RESOLUTION 17938 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES OLYMPIC COMMITTEE TO PAY THE SALT CREEK
SEWER BASIN DEVELOPMENT IMPACT FEE FOR THE VISITOR CENTER IN THREE ANNUAL
PAYMENTS - The United States Olympic Committee has been processing the plans for construction of the Visitor
Center at the Olympic Training Center. As the Committee was preparing to obtain the building permit, they
discovered that the Salt Creek Sewer Basin Development Impact Fee (SC Swr DlF) had not been anticipated and
was beyond their financing capacity at this time. The Committee has, therefore, requested that the City allow
payment of the SC Swr DlF for the Visitor Center in three equal installments. Staff recommends approval of the
resolution. (Director of Public Works)
* * * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
7. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE CITY OF CHULA
VISTA OPERATING AND CAPITAL BUDGET FOR 1995/96 - Council has held five special work sessions to
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Minutes
June 27, 1995
Page 2
consider and discuss the proposed fiscal year 1995/96 budget. Council has received citizen input and discussed in
detail with staff the impact nf this budget on all City operations. The Manager's proposed budget has been amended
based on tentative decisions by the Council at the budget work sessions and it is this amended budget which is
recommended to be adopted. Staff recommends Council accept public testimony and adopt the proposed budget as
amended during the review sessions and as may be further amended as a result of the public testimony. Staff
recommends approval of the resolution. (Administration)
RESOLUTION 17939 ADm'nON OF THE FINAL OPERATING AND CAPITAL BUDGETS
FOR THE FISCAL YEAR BEGINNING JULy I, 1995 AND ENDING JUNE 30,1996 AND AMENDING
THE MASTER FEE SCHEDULE TO INCORPORATE CHANGES TO FEES AND FINES PROPOSED IN
THE 1995/96 BUDGET
Mr. Goss stated the Recreation staff felt there was an outstanding issue of charging $1.00 for free play at Parkway
Gym for non-residents. Staff felt there either should be no fee, or if there was a fee it should be applied to both
residents and non-residents above the age of 19. If there was a desire by Council to not implement the fee there
would be a $10,000 impact to the overall budget.
Mr. Boogaard stated he needed to discuss a legal issue with Council regarding the budget in Closed Session.
Council met in Closed Session at 9:20 p.m. to discuss a legal issue regarding the budget and reconvened at
9:50 p.m. with Mayor Horton absent.
Council member Alevy stated he was concerned with the $50.00 fee being charged to the Adult Athletic Leagues.
They were currently paying $370 and he felt if increased teams would not be able to participate. With the increase
the City would be the highest fee in the County for the Adult Athletic Leagues. He was committed to a balanced
budget and questioned if there was alternate funding available for the $20,000.
. Harriet F. Acton, 265 Nixon Place, Chula Vista, CA, Member of the Board of Ethics, stated she was not
authorized to speak on the Board's behalf, therefore, she was expressing her own concerns. She
hoped the budget would further the recent Council commitment for educational and training
methods of the Josephson Institute Ethics program. The City sent an employee to a four day
training session in Washington D.C. and sponsored a seminar for staff and board/commission
members and public service guests. She was concerned regarding the follow-up of the program
if the employee was no longer availahle to implement Council's commitment.
. Richard Schulman, 108 Jefferson, Chula vista, CA, Member of the Board of Ethics, stated having the
Josephson Institute provide training to the City was approved unanimously by the Council. Part
of the program was the training of an employee at the estimated cost of $3,000. According to the
staff report at that time the City Manager stated "it was probably the most important part of the
program and would provide follow-up and continuity to the initial training". The Board was very
concerned when they found out that the person's position was conditional and would be reviewed
in thirty days. Obviously, the City had priorities but the Board felt it was a great loss to the City
to not have follow-up. Seventy-three people attended the seminar and the cost to the City was
over $10,000. He urged Council to put the position of trainer on a permanent basis for the
coming year rather than leaving it up in the air. That way the City would not lose the momentum
gained and the various boards/commission and employees would know that a resource was
available to assistance them regarding the high goals of the Ethics Program.
Mayor Pro Tern Rindone stated Council had gone on record, and would continue to do so, that the commitment was
lhere. Tbe seminar was outstanding and the real benefit would be the follow-up and review. Council was
committed to the program presented by the Board of Ethics and also committed to no layoffs. He felt that a position
would be found for the individual so training could continue.
Mr. Goss stated staff proposed that the person/position be retained as an employee of the City. A strategy had been
proposed to put that person in the Police Department which would mean that they would still be available for that
type of activity. There had been questions raised about the position and staff would return within thirty days
regarding that issue.
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Minutes
Juoe 27, 1995
Page 3
Mayor Pro Tern Rindone slated whatever capacity that person was in training would still he available to the City.
Mr. Gass slated that was correct. He felt the concern was that if her position was eliminated in Personnel, and
there was not a position that she was moved to, that she would have no position in the City. Staff would return with
a report on how she could stay as an employee with the City.
Councilmember Moot stated he was in favor of adopting the proposed budget but was disappointed. Council had
made a lot of progress in the areas of fiscal responsihility hut he felt they had gone backwards by taking the hudget
out of balance with actions taken. It was done so by a failure of will to make tough decisions and it was
disappointing. Fiscal responsihility was a big issue facing government with limited resources and he personally felt
they had to get tougher, stronger, and more vigilant. Council could not afford to go hackwards and he was upset
that the budget was not in balance.
Council member Padilla stated he agreed with Councilmemher Moot's comments. Council needed to be tough and
strong and "bite the bullet". There had been some concern in terms of having the potential, as a matter of policy.
to reallocate funds within the hudget, even though the overall budget may be balanced, there could be individual
departments that were over their budgets. That was something the Council needed to be aware of at the time. He
was not proposing that Council take away all the Manager's flexibility within the budget to transfer, but to have such
liberal language was too broad and the authority too sweeping. He felt that needed to be deleted from the resolution
and hopefully revised language could be brought back to amend the resolution. He would not support a budget
resolution with that language in it.
MS (Padilla/Rindone) to amend Resolution 17939, paragraph 7, to delete: "The City Manager and Director
of Finance are herehy jointly authori7.ed to transfer appropriations within control accounts for all services
and to transfer appropriations between control accounts for Employee Services only".
Councilmember Moot stated he could not support the motion. The resolution enabled the City Manager to fund the
Police and Fire Departments when they went over budget and he felt public safety was vitally important. By
removing that language it could jeopardize that. Before taking such action he felt Council should think through the
impacts. He could support a modified version where Council was given notice andlor an opportunity to discuss it
but he would not be in favor of removing the section.
Mayor Pro Tern Rindone stated no one on the Council would be advocating any procedures that would hurt public
safety and did not feel that was an issue. It was clearly the budget process. To not have transfers or "wiggle" room
was not in the best interest of the City for daily operations. The best procedure was to have the public officials
aware of transfers. It was his experience that any time a transfer was done that it had to be reported and required
budget approval. He was shocked to tind out about the shortfalls in some of the departments for the current year
and previous year. He felt it appropriate for staff to return with a procedure to ensure that there was a reporting
process and guidelines. To have unlimited budget transfers without reporting to the policy makers was not
appropriate or good business.
Councilmember Padilla slated it was not about public safety but about fiscal responsibility and how to do a budget.
A budget was a spending plan with a mechanism that let the policy makers know when large amounts of money
needed to be allocated or reallocated. If a spending plan was not followed and did not have tight controls then there
was a question as to why there was a budget in the first place. It was not allowed in other jurisdictions period and
would never be allowed in the private sector. The language and authority was too sweeping. He would be willing
to allow transfer authority that was capped with specific requirements. He was not trying to micro-manage anyone
but if there was a potential that individual departmental budgets could be way over budget and could be told that
their new appropriations was X without Council being told, that was not appropriate.
Councilmember Moot questioned what department the provision was invoked for and why.
Mr. Goss stated a number of years ago it was adopted by the Council on the theory that the City was a business
and the Council was giving authority to the City Manager and Director of Finance to run it within the overall
appropriation of the City budget. In 1993/94, in the Police Department, there was City-wide salary savings, a
percentage of which was put in both Police and Fire Departments because they were large departmental budgets.
o<J~J:3
Minutes
June 27, 1995
Page 4
To the extent that departments may expend their entire amount of budgeted salaries they would automatically receive
the amount that was budgeted for them. Also, the MOU increases that were approved by Council in mid-year were
not added to the appropriations for 1994/95. That created more of a situation where the expenditure would exceed
the budgeted amount because the budgeted amount did not take into account the MOU approval. He had also been
apprised that there were some Worker's Comp costs that exceeded the projections.
Councilmember Moot stated by having the provision, if by chance the Police or Fire Department exceeded their
budget, the City Manager could step in and find money from other areas and make sure Police and Fire had the
resources to be on the streets. It was important that Council not lose site of the fact that there needed to be
flexibility in the budget.
Mr. Goss suggested that a 2 % cap be added.
Mayor Pro Tern Rindone stated no one was suggesting that public service efforts be debilitated, it was a budget and
financial issue. Otherwise, the process was a fruitless exercise. There needed to be guidelines and if there was
a demonstrated need for funding those decisions would be made. 1994/95 was not the first year it happened and
he had not been made aware it happened in 1993/94. He supported Council member Padilla's concerns. He
suggested that Council adopt the budget and have the City Manager bring back a policy for a cap or some type of
notification so Council would be informed of transfers.
Councilmember Moot suggested that the resolution be amended to read at the end of the sentence "... transfer
appropriations between control accounts for Employee Services only, pursuant to policy as adopted by Council".
Council member Padilla questioned what the existing policy would be between the time the resolution was approved
and the policy was brought back for Council approval.
Mr. Boogaard' stated it could not be done until the policy was adopted by Council. There could be no exercise of
the joint power appropriation authority unless it was done pursuant to a policy approved by Council and jf there was
no policy approved by Council, it would have to be by Council on four votes.
Councilmember Padilla stated the affect would be what he had tried to accomplish by eliminating the language in
the resolution.
Mr. Boogaard stated that was correct until the policy was adopted by Council. If the language was deleted under
the motion it would take four votes to reinstitute it. Under his proposal it could be done on a majority vote.
MOTION WITHDRAWN: (Padilla)
MS (Padilla/Moot) to amend Resolution 17939, at the end of paragraph 7, add H.... Employee Services only,
pursuant to policy as adopted by Council".
Council member Alevy felt it important to have the Mayor present when establishing the policy. He wanted Council
to move forward and did not want the public to think the Council was usurping anyone's authority. Council had
been made aware of things and they were trying to take a position that reflected their concern regarding City
revenues. It was about being fiscally responsible.
VOTE ON MOTION: approved 4-0-1 with Horton absent.
RESOLUTION 17939, AS AMENDED, OFFERED BY COUNCILI\1EMBER PADILLA, reading of the text
was waived, passed and approved 4-0-1 with Horton absent.
Mayor Pro Tern Rindone requested the report back to Council within thirty days regarding the policy change.
8. PUBLIC HEARING CONSIDERATION OF RATE DECREASE FOR COLLECTION AND
DISPOSAL OF REFUSE, RESIDENTIAL CURBSIDE AND YARD WASTE RECYCLING - The report
~/-Jr
RESOLUTION NO. /79 g"':J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY95/96 BUDGET TO ADD
.50 TRAINING COORDINATOR AND DELETE .50 SENIOR
LIBRARIAN IN THE LIBRARY; DELETE 1.00
QWL/TRAINING COORDINATOR AND ADD .50 TRAINING
COORDINATOR IN PERSONNEL; REINSTATE SALARY AND
POSITIONS FOR AN INTERIM PERIOD OF 6 MONTHS
FOR EMPLOYEES SCHEDULED TO BUMP TO LOWER
CLASSIFICATIONS IN PUBLIC WORKS/OPERATIONS AND
DIRECT THE FINANCE DIRECTOR TO TRANSFER FUNDS
THEREFOR AMONG DEPARTMENTS
WHEREAS, the city Council adopted FY 95-96 budget at its
June 27, 1995 meeting; and
WHEREAS, one of the issues that had been discussed at
various Council budget review sessions was the original budget
proposal to eliminate the QWL/Training Coordinator position in
Personnel and transfer the incumbent to a reclassified version
(police Community Relations Coordinator) of a currently vacant
Community Services Officer position in the Police Department; and
WHEREAS, at the June 27, 1995 meeting, individual Council
member comments indicated a desire to continue with the ethics
training program and to avoid layoffs; and
WHEREAS, staff has reviewed a variety of alternatives for
placement of the QWL/Training Coordinator incumbent; and
WHEREAS, staff has analyzed the pros, cons and fiscal
impact of each and is proposing an option that is believed to best
meet the needs of the City and the incumbent.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby amend the FY95/96 budget to add .50
Training Coordinator and delete .50 Senior Librarian in the
Library; delete 1.00 QWL/Training Coordinator and add .50 Training
Coordinator in Personnel; reinstate salary and positions for an
interim period of 6 months for employees scheduled to bump to lower
classifications in Public Works/Operations.
BE IT FURTHER RESOLVED that the transfer within the
Library Department's budget of $27,168 from Eastlake Library to
Library Administration is hereby authorized and allow the deletion
of $122 from the Library's budget and the deletion of $27,168 from
the Personnel Department budget.
BE IT FURTHER RESOLVED that the reinstatement of salaries
for Public Works/operations employees requires the transfer of
$10,998 from the Personnel Department to Public Works/Operations of
the $27,168 that would otherwise be deleted om the rsonnel
Department budget.
~//I-/
city
Presented by
John D. Goss, City Manager
Bruce M.
/ Attorney
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RESOLUTION NO.
/71 r'j
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FRINGE BENEFIT RESOLUTION
17468 BY ADDING THE CLASSIFICATION OF TRAINING
COORDINATOR TO AND ELIMINATING THE
CLASSIFICATION OF QWL/TRAINING COORDINATOR
FROM THE UNREPRESENTED GROUP
WHEREAS, it is necessary to amend Resolution 17468 to add
the classification of Training Coordinator and eliminate the
classification of QWL/Training Coordinator from the Unrepresented
Group.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby amend the Fringe Benefit Resolution
17468 by adding the classification of Training Coordinator to the
Unrepresented Group and eliminating the classification of
QWL/Training Coordinator therefrom.
C:\rs\training.qwl
Presented by
John D. Goss, city Manager
02/8-/
"
DOC ANTHONY ANDERSON
(619) 421-1296
1972 Rue O1ateau
Chula Vista, CA 91913
OPERATIONS I ADMINISTRATIVE MANAGEMENT I PERSONNEL
Plannirg n. Progf/1l7l Development/lmplementaticn n. Coordinaticn/Supervisicn
O"ganiZllticnsl Control
OVer 20 years of successful senior rrenagement E!l{perience in the U.S. Army followed by legal
experience with promnent San Diego Law firm following attainment 01 JD degree n. Includes
commanding units at junior and senior levels ... rrenaging over $200 mil Ion in equipment, yearly
budgets of $1 mlllon and supeNlsing up to 230 personnel n. f..twes ElKtensive program and
project rrenagement and development of personnel programs supporting 1001 people. B.S.
and M.B.A. degrees 'in Buslne.. Administration. Management complements the following:
KEY STRENGTHS
. Broad administrative skills
. Program/project management ... concept through Implementation
. Strong Leadership Abilities
. Effective communicator, writer, pre.nter
. Resourceful problem solver
. Decision maker
EXAMPLES OF ADMINISTRATIVE & MANAGEMENT EFFECTIVENESS
~
. Developed personnel programs and administrative systems for 6:>0 person
organization ... included training, organizational development, performance evaluation
and merit recognition programs. Organization consistently evaluated as .superlor. In
personnel management and accountability.
. Dlrectad and mlllagad operational and logistic support plan for company comprising
150 personnel, 36 helicopters and $3:>0 mllion of support equipment connected with
101st Airbome Division n. within 8 months unit prepared for successful deployment
R_lved Army Impact Award (Commendation Medal).
. As Executive Officer of organizational unit comprising 900 personnel and $250 million
of aviation equipment ... developed training program for new mlitary career branch 01
Army Aviation. Designed guidelines, wrote lesson plans, developed and implemented
five year operational plan. Program completed on time. Recommended for legion
of Merit.
. As CommlUldlng Officer, Directed and Managedtumaround 01 rrejor helicopter support
unit with poor and dismal operational readiness record ... Instituted aggressive training
program, revised materials procurement and rrelntenance operations ... developed
appropriate rewards and recognition. Within 3 months operation exceeded Department
of NrTfi standard .n recognized as one of two aviation units In Korea with best
maintenance IIld continuous operational readiness.
. As prlmllfY coordinator and planner n. serwd as focal point and Interface between U.S.
and UN national staffs 10 ensure administrative support 01 rrejor amphibious operations
comprising seven ships, 300 people and 2500 helicopter sorties. Received
commendation by commander 7th Fleet.
,,2) t:c. -?
DOC ANTHONY ...NDERSON... Page 2
PROFESSIONAL BACKGROUND & CHRONOLOGY
SHIFFLET, WALTERS, KANE & KONOSKE - San Diego, CA
A Professional Law Corporation
Attorney
1993 - Present
Also serwd as Legal Advisor, Law Qerk, and Legal Re~ch Pel'8On for Small Claims Court
Advisory Office, Calfomia Attorney Genera/'s Office and Law Offices of Oden and Greene. 1992-
1993
u.S. ARMY (Retired as Lieutenant Colonel)
Commanding Officer (JlWIlor, Middle and Senior Levels)
Executive Officer (Junior, MddJe and Senior Levels)
Personnel Administrative Stsfl Officer
Aviation Primary Staff Officer
Helicopter Pilot
1970 - 1990
EDUCATION
B.S. Buslne.. Administration - University of Albuquerque (Sunma Cum Laude)
M.BA., Business Management - Troy State University
Juris Doctorate - Westem State University College of Law (Who's Who Among American
Colleges & Universfties)
Leadershlp/Management Training - U.S. Army Command & General Staff College; Armed
Forces Staff College
Professional Organizations
C8IWornia Bar Association
National Bar Association
Earl B. Gilliam Bar Association of San Diego
San Diego County Bar Association
Army Aviation Association of America
Association of the United States Armt
The World Trade Association of San Diego
Intemational Personnel Management Association
American Society for Training and Development
American Marketing Association
,,)3A-?