HomeMy WebLinkAboutAgenda Packet 2000/10/03 CITY COUNCIL AGENDA
October 3, 2000 ~ 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHUI. A VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John S. Moot City Attorney
Stephen C. Padilla John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
OCTOBER 3, 2000
I declare under penalty of perjury lhaIl am
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CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE
MONTH, MARIA MUETT, DEVELOPMENT SERVICES TECHNICIAN,
PLANNING AND BUILDING DEPARTMENT
. OATH OF OFFICE - MICHAEL SPETHMAN - GROWTH MANAGEMENT
OVERSIGHT COMMISSION (CENTER CITY)
. OATHS OF OFFICE FOR NEW LATERAL POLICE OFFICERS: LUIS
ALVAREZ, JOHN SMART, SERGIO MARTINEZ, ISABEL CHAVEZ
. PRESENTATION OF THE LEAGUE OF CALIFORNIA CITIES' HELEN
PUTNAM AWARD FOR THE STRETCH AND DASH PROGRAM BY DEPUTY
CITY MANAGER, DAVID PALMER AND EDUCATIONAL SERVICES
MANAGER, MEG SCHOFIELD
. PRESENTATION OF A PROCLAMATION PROCLAIMING THE MONTH OF
OCTOBER 2000 AS NATIONAL ARTS AND HUMANITIES MONTH
ACCEPTED BY AL GORE, CHAIRPERSON OF THE CULTURAL ARTS
COMMISSION. ALSO RECOGNIZED WILL BE THE FOLLOWING
INDIVIDUALS FOR THEIR CONTRIBUTION TO THE ARTS IN THE CITY OF
CHULA VISTA: LINDA ROSAS - THE STAR NEWS, LIZ JACKSON - PACIFIC
BAY HOMES, VALERIE MCCLELLAND - B.F. GOODRICH AEROSPACE,
SAM HOLTY - AYRES LAND DEVELOPMENT/SUNBOW, JONATHAN
WEEDMAN ~ WELLS FARGO FOUNDATION, CHUCK WHITE ~ SYCUAN
CASINO, TOM GUTHERIE ~ DUKE ENERGY OF SOUTH BAY, ANNA
NAVARA - JEROME'S FURNITURE, NATASHA MARTINEZ - THE
EASTLAKE COMPANY, SAM CALVANO - WASHINGTON MUTUAL, SCOTT
ALVEY - PACIFIC BELL, HECTOR MOLINA - UNIVISION-CHANNEL 19,
FRAN MUNCEY - GALLEY AT THE MARINA, RITA VANDERGAW - SAN
DIEGO UNIFIED PORT DISTRICT, AND ARCO FOUNDATION OF SAN
FRANCISCO
. ACKNOWLEDGMENT OF A NATIONAL HONOR PRESENTED TO THE CITY
OF CHULA VISTA FOR ITS ONGOING ACTION TO PROTECT THE CLIMATE
BY THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL
INITIATIVES (SPECIAL OPERATIONS MANAGER)
CONSENT CALENDAR
(Items 1 through 5)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please ftll out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the ftrst items of business.
1. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on September 26, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staffrecommendation: The letter be received and filed.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF THREE (3) APPLICATIONS FOR THE
"WALKABLE COMMUNITIES DEMONSTRATION PROGRAM" GRANTS TO THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND
DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE AUTHORIZED
ADMINISTERING AGENCY REPRESENTATIVE FOR THIS PROGRAM
The SANDAG Board of Directors has provided a one-time allocation of $1,000,000 from
TransNet local streets and roads funds in Fiscal Year 2001 for the "Walkable
Communities Demonstration Program." The program is intended to fund projects that
demonstrate innovative solutions to pedestrian access problems. The funds are available
on a competitive basis and will be awarded to the most meritorious project(s). The 18
cities in the San Diego region and the County of San Diego will be the only eligible
applicants. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT TO LEKOS ELECTRIC, INC.
FOR THE INSTALLATION OF STREET LIGHTS ALONG ORANGE AVENUE
BETWEEN FOURTH AVENUE AND PALOMAR STREET IN THE CITY OF
CHULA VISTA (TF289)
On September 13, 2000, the Director of Public Works received sealed bids from five
electrical contractors for the installation of street lights along Orange Avenue between
Fourth Avenue and Palomar Street. A low bid of $46,350 was received from Lekos
Electric, Inc. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 10/03/2000
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FISCAL YEAR 2001 BUDGET, APPROPRIATiNG $25,000 FROM
THE GENERAL FUND AVAILABLE FUND BALANCE TO COVER THE CITY'S
FIFTY PERCENT SHARE OF THE COST OF AN OPERATIONS AND FiNANCIAL
AUDIT OF OTAY WATER DISTRICT (4/5THS VOTE REQUIRED)
At the June 6, 2000 Council meeting, Deputy Mayor Moot raised concerns in a report
regarding management decisions with respect to Otay Water District's water rates, as
well as disappointment with the conduct of Otay Water District Board members. Council
authorized the City Manager to seek a qualified, tmbiased firm to perform an operations
and financial audit of Otay Water District. The firm of Malcolm Pirnie, Inc. has been
retained to perform this audit for a total cost of $50,000. Otay Water District has agreed
to split the cost of the audit with the City. The resulting cost to each agency for the
operations and financial audit is $25,000. (City Manager)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG A $10,060 COMBINATION MONETARY AND IN-KiND SERVICE
DONATION TO THE SAN DiEGO COUNTY HISPANIC CHAMBER OF
COMMERCE iN SUPPORT OF ITS SECOND ANNUAL "VIVA EL MARIACHI!"
FESTIVAL
In September 1999, the San Diego County Hispanic Chamber of Commerce hosted the
first annual "Viva el Mariachi!" festival at the Starlight Bowl in Balboa Park. Because
the last event was such a huge success, and a record number of attendees are expected
this year, the San Diego County Hispanic Chamber arranged to hold the second annual
Mariachi festival at the Coors Amphitheatre on October 8, 2000. (City Manager)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any
issue not included on the agenda, but, if approlgriate, the Council may schedule
the topic for future discussion or refer the matter to staff Comments are limited
to three minutes.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
Page 3 - Cotmcil Agenda 10/03/2000
6. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
ORDINANCE NO. 2579, RELATING TO AN INTERIM PRE-SR125
DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN
THE CITY'S EASTERN AREA AND COSTS ASSOCIATED WITH ADVANCING
THE CONSTRUCTION OF SR125
Chula Vista created an Interim Pre-SR125 Development Impact Fee in November 1993
to provide a funding source to construct an interim roadway facility should SR125 be
delayed significantly. This was necessary in order to provide traffic capacity for future
growth. (Director of Public Works)
Staff recommendation: Council place the following ordinance on first reading:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2579, RELATING TO AN INTERIM PRE-
SR-125 DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION
FACILITIES IN THE CITY'S EASTERN AREA TO PAY FOR COSTS
ASSOCIATED WITH ADVANCING THE CONSTRUCTION OF SR-125
ITEMS PULLED FROM TI-IE CONSENT CALENDAR
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
8. MAYOR'S REPORTS
9. COUNCIL COMMENTS
CLOSED SESSION
10. CONFERENCE WITH LABOR NEGOTIATOR - PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
City Negotiator: City Manager
Employee organizations: Chula Vista Employees Association
ADJOURNMENT to the Regular Meeting of October 10, 2000, at 6:00 p.m. in the Council
Chambers and thence to an Adjourned Regular Meeting on October 12, 2000 at 4:00 p.m. in the
Council Conference Room.
Page 4 - Council Agenda 10/03/2000
September 19, 2000
MEMO TO:
City Clerk (i) .AI
Patty Wesp xi~
FROM:
SUBJECT:
SPECIAL ORDERS OF THE DAY - OCT 3,2000
Please docket under Special Orders of the Day the following item:
Presentation of the Helen Putnam Award for Excellence
The award will be presented to David Palmer and Meg Schofield. Joann Howard will
be preparing a written statement for inclusion with the Council packet. Enclosed with
this memo is the plaque for presentation. Thank You.
Encls.
cc: Councilmember Davis
Joann Howard
September 20, 2000
MEMO TO: Donna Norris, Deputy City Clerk
(:{'5
FROM: Patricia Salvacion, Mayor/Council office
SUBJECT: SPECIAL ORDERS OF THE DAY - OCTOBER 3, 2000
Please docket the following proclamation for presentation at the above council meeting:
PROCLAIMING THE MONTH OF OCTOBER 2000 AS
NATIONAL ARTS AND HUMANITIES MONTH
AI Gore, Chair of the Cultural Arts Commission will be accepting the proclamation.
The following individuals will also be recognized for their contribution to the arts in the
city of Chula Vista: ('Nilllldve those names oy next wee~
Pk-u.."3o< -a.u- ~ ti ~
Thank you.
0:)/21 iGO THt: 14; 25 fAX tl19-427-4246
CHl'U VISTA PUBLIC LIB
Ii!J 001
ARTS and HUMANmES MONTH AWARDS:
1. The Star News Linda Roas
2.
Padfic Bay Homes
Liz Jackson
3.
B.F. Goodrich Aerospace
Valerie McOeltand
4. Ayres land Oevelopment/Sunbow Sam "Hetty
S. Wells Fargo Foundation ~Weedman
6. Sycusn Casino Chuck. White
7. Duke Energy of South Bay Tom Gutherie
S. Jerome'~ Furniture Anf\a Nav-ara
s.. The Easttake Company Nmsha Martinez
10. washtngton. MUtual Sam Calvano
11. Pacific Bell
Scott Alvey
12. UnMston, Channetl9' Hector Motina
B.Gall.ey At Tha-f>o1arlna
Fran~l:liflce l"\~
14. Sap. Diego Unified: Port: Oistritt
~rta Vand~w
15. Arco.Foundatfon of San Franci&o.
~ If.?.
--.-
'....- -
- - -
Special Orders
0lY OF
CHUIA VISTA
Meeting Date Tuesday, October 3, 2000
ITEM TITLE:
Acknowledgment of a national honor presented to the City of Chula Vista for its
ongoing action to protect the climate by the International Council For Local
Environmental Initiatives (ICLEI).
SUBMITTED BY: Michael T. Meacham, Special Operations Manager ~
David D. Rowland~ City Manager
REVIEWED BY:
BACKGROUND:
International Council For Local Environmental Initiatives (ICLEI) has established five levels of
recognition to appropriately acknowledge local governments for their respective commitments to
climate protection. Chula Vista is one of only five cities in the United States to receive the top award
for its ongoing commitment to protect the climate through the reduction of green house gases.
Councilman John Moot and Steve Padilla were present at the award ceremony to accept the award
from ICLEI, which was presented by the Department of Energy and the Environmental Protection
Agency.
~C:~~ ~~. . ~~/~/~ ~~\
SpeO\CA~ d9vc!Rv'> , ~y~ .
Mayor, Council and Chula Vista residents. It is with great pride that I present to you
this national award for Climate Protection. The International Council For Local
Environmental Initiatives (ICLEI) has established five levels of recognition to
appropriately acknowledge local governments for their respective commitments to
climate protection. Chula Vista is one of only five cities in the United States to
receive the top award for its ongoing commitment to protect the climate through the
reduction of green house gases. Councilman John Moot and Steve Padilla were
present at the award ceremony to accept this award on behalf of Chula Vista, from
ICLEI and representatives from the Department of Energy, the Environmental
Protection Agency and the White House Executive Director for Environmental
Initiatives.
This award truly belongs to all of Chula Vista. The vision of this Council and past
Councils' particularly our current representative Councilman Moot and our founding
member Jerry Rendone, made our policy commitment possible. While the
Environmental Resource Manager has played a key role in developing programs it
has taken the work of many Planning Department, Public Works Operation and
Transit
as well as numerous other staff members throughout the City working together to
protect the environment by implementing programs such as the City Hall energy
retrofits, a CNG bus transit program and a the C02 reduction program.
Last but not least the commitment by Chula Vista residents and business to begin to
incorporate these practices into their daily lives. This award recognizes the City and
its residents for establishing an ambitious plan and starting implementation, its sets
the bar high for us to continue and build on that effort by completing those projects
planned and taking advantage of new environmental opportunities.
CHU[A VISI'A
September 28, 2000
TO: The Honorable Mayor and City Council
FROM: David D. Rowlands, J~'.,~, City Manager
SUBJECT: Council Meeting of October 3, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, Octoer 3, 2000. Comments regarding the Written Communications are as
follows:
lA. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on September 26, 2000,
there were no actions taken which are required under the Brown Act to be
reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
CI'iY OF
CHUIA VISTA
OFFICE OF THE CITY ATTORNEY
Date September 28, 2000
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~'~/
Re: Report Regarding Actions Taken~n Closed Session
for the Meeting of 9/26/00
The City Council of the City of Chula Vista met in Closed Session
on 9/26/00 to discuss:
· CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) ~
One Case
· CONFERENCE WITH REAL PROPERTY NEGOTIATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Property: Approximately seven acres located on Bonita
Road adjacent to the Chula Vista Municipal
Golf Course
Negotiating City of Chula Vista (Chris Salomone/Sid
Parties: Morris), C. W. Clark and American Golf
Under Purchase price/lease rate and other terms and
Negotiation: conditions for possible disposition of City-
owned property
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823
COUNCIL AGENDA STATEMENT
Item ~-
'Meeting Date 10/03/0~
ITEM TITLE: Resolution Approving the submittal of three (3) applications
for the "Walkable Communities Demonstration Program" grants to the San
Diego Association of Governments (SANDAG) and designating the Director of
Public Works as the authorized Administering Agency Representative for this
program
/
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager f)j ~? (4/5ths Vote: Yes No X )
BACKGROUND
The SANDAG Board of Directors has provided a one-time allocation of $1,000,000 from TransNet
local streets and roads funds in Fiscal Year 2001 for the "Walkable Communities Demonstration
ProgranC' The program is intended to fund projects that demonstrate innovative solutions to
- pedestrian access problems. The funds are available on a competitive basis and will be awarded to the
most meritorious project(s). The 18 Cities in the San Diego region and the County of San Diego will
be the only eligible applicants.
RECOMMENDATION: That Council approve a resolution approving the submittal of three (3)
applications to SANDAG for the Fiscal Year (FY) 2001 "Walkable Communities Demonstration
Program" grants and designating the Director of Public Works as the authorized Administering Agency
Representative for this program.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The SANDAG Board of Directors allocated $1,000,000 of TransNet funds in Fiscal Year 2001 for the
"Walkable Communities Demonstration Program." The program is intended to fund projects that
demonstrate innovative solutions to pedestrian access problems. The funds are available on a
competitive basis and will be awarded to the most meritorious project(s). The "Walkable Communities
Demonstration Program" is designed to fund communities that are ready to implement physical
changes/construction but have lacked sufficient resources.
SANDAG has established a Walkable Communities Advisory Coaunittee to promote the development
of pedestrian-friendly neighborhoods and to enhance pedesthan safety and access in areas throughout
-" the region. The committee includes elected officials, representatives from local agencies, public health
workers, transit providers, community planning group members, handicap access supporters,
environmental advocates, and other pedestrian enthusiasts. The committee has requested proposals
from cities and county government to fund demonstration projects that show how wall~able
Page 2, Item
Meeting Date 10/3/2000
communities benefit neighborhoods, increase pedestrian safety and contribute to smart growth
planning. In addition, the program aims to initiate and stimulate the adoption of "Walkable
Communities" concepts and practices by funding communities that are in the early stages of planning
and development. The project applications' submission deadline is 4:00 P.M. Monday October 9,
2000.
Grant Categories
The $1,000,000 fund is divided into three (3) grant categories. All of the funds could be allocated only
to Category I grants to fund capital projects, although some portion of the funds are available for
planning (Category I/grants) and educational activities (Category m grants) if there are outstanding
projects submitted in those categories. The grant categories and funding limitations are as follows:
Category I - Desi~a/Constmction Grants
The following activity would be eligible under Category I grants:
The design and construction of new pedestrian-oriented street design features and/or pedestrian
facilities.
Up to $1,000,000 in funding is available for this category.
Category II - Planning Activities
The following activities are eligible under Category 1I grants:
3) Development of a comprehensive neighborhood traffic calm/ng/pedestrian plan, for improving
walkabilty. The plan must be based on community participation and must include identification
of existing problems, proposed solutions, preliminary design concepts, cost estimates and an
implementation plan.
4) Development of a comprehensive community traffic calming/pedestrian element, using
community participation, for inclusion in a General/Community Plan consistent with the
objectives of a walkable community.
Up to $150,000 in funding is available for this category.
Category ll/- Implementation Grants for Educational Pro.re'ams
The following two activities are eligible under Category ~I grants:
3) Comprehensive school-based programs that promote walking and increase its use as a form of
transportation for trips to and from school. Such projects should be based on proven methods
of education, social marketing and behavior change and should result in long-term changes in
student walking behaviors.
4) Community awareness-raising and training on walkable communities and pedestrian-oriented
design. Such projects aim to increase the level of knowledge and acceptance of Walkable
Communities concepts, and ultimately, increase their adoption by local jurisdictions.
Up to $75,000 in funding is available for this category.
Page 3, Item
Meeting Date 10/3/2000
Walkable Communities Goal
The goal of this program is to emphasize the following three basic principles of a pedestrian-friendly
environment:
Safe: A safe street is one that minimizes hazards to all pedestrians including those populations most at-
risk for pedestrian injury and/or death: children, the disabled, and older adults.
Convenient: A convenient pedestrian environment is one that is readily accessible, provides continuous
direct routes, and has multiple and diverse origins and destinations (particularly home, work, school,
and commerce) within walking distance.
Pleasant: A pedestrian environment is pleasant when pedestrians find the street and physical
environment attractive and comfortable for walking activities. A good street design is one that
enhances the look and feel of the pedestrian environment.
Proposed Projects and Project Cost Estimates
On August 17th and again on August 24th, the City's Technical Committee discussed the grant and
reviewed eleven proposed projects. The projects were:
1. Castle Park Elementary School area sidewalk improvements
2. "F" Street south side sidewalk from Hilltop Drive westward mid-block to First Avenue
3. Olympic Parkway Regional Trail entrance at Brandywine Avenue
4. Hilltop Drive west side sidewalk from "F" Street to north of Center Street
5. 'T' Street north side sidewalk from First Avenue to west of Hilltop Drive
6. Lauderbach Elementary School area sidewalk improvements
7. North 2nd Avenue west side sidewalk from "C" Street to north of Bay View Way
8. Otay Ranch - Pedestrian bridge from Village One to Village Two High School
9. Otay Ranch - Pedestrian bridge from Village Five to Village Six
10. Otay Ranch Village Five Core Redesign
11. Rosebank Elementary School area sidewalk improvements
The Technical committee decided to recommend three sidewalk/street improvement projects, all of
which are Category I projects, located in the vicinity of elementary schools (Projects # 1, 6, and 11).
"Walkable Communities" projects are 100% reimbursable; however, local agencies are highly
encouraged to provide for local funding share. Preference will definitely be given to projects with local
fimding share during the application evaluation process. Therefore, staffrecommends to use 20% local
matching funds for each project submitted.
The following list describes the project applications that will be submitted to SANDAG. Those
projects were previously submitted, and subsequently not approved, early this year to the California
Department of Transportation for the "Safe Route to School Program" for FY 1999/00 funding. The
Caltrans submittals were not approved due to the highly competitive process and the lack of local
matching funds. Staff now desires to continue to pursue funding for the following three projects with
SANDAG. These projects will provide sidewalk and minor street improvements in the vicinity of .
three elementary schools:
Page 4, Item
Meeting Date 10/3/2000
local matching funds. Staff now desires to continue to pursue funding for the following three
projects with SANDAG. These projects will provide sidewalk and minor street improvements in the
vicinity of three elementary schools:
Project 1 - Installation of Missing Public/Safety Improvements in the Vicinity of Lauderbach
Elementary School. This project involves [he construction of missing street,
sidewalk and pedestrian ramp improvements along Fourth Avenue, Palomar Street
and Orsett Street. All locations are within the quarter-mile radius area from the
elementary school grounds (see Exhibit 1).
The estimated cost for this project is $247,000, which includes an estimated
$30,000 in right-of-way acquisition from three (3) properties. Staff recommends
that $50,000 of local matching funds be allocated to this project.
Project 2 - Installation of Missing Public/Safety Improvements in the Vicinity of Rosebank
Elementary School. This involves the construction of missing street/sidewalk
improvements along Minot Avenue north of "E" Street, First Avenue north of
Flower Street, the easterly side of Corte Maria Avenue, and "D" Street between
Corte Maria and Hilltop Drive, all are within the quarter-mile radius area from the
elementary school grounds (see Exhibit 2).
The estimated cost for this project is $226,000. Staff recommends that $45,000 of
local matching funds be allocated for this project.
Project 3 - Installation of Missing Public/Safety Improvements in the Vicinity of Castle Park
Elementary School. This involves the construction of missing street, sidewalk and
pedestrian ramp improvements along Naples Street and Tobias Drive south of
Oxford Street. All locations are within the quarter-mile radius area from the
elementary school grounds (see Exhibit 3).
The estimated cost for this project is $102,000. Staff recommends that $20,000 of
local matching funds be allocated to this project.
Project cost estimates (attached) include preliminary engineering, right-of-way, environmental,
construction engineering, and construction. A copy of the application package is located in the City
Clerk's Office for Council's review.
FISCAL IMPACT: If all three of the projects are approved by the SANDAG Walkable
Communities Advisory Committee, the potential revenue to the City can be up to $460,000. The
actual amount is dependent upon which of the projects are approved for funding by SANDAG and
the amount that they approve. The City is anticipated to provide for $115,000 in local matching
funds for all three projects. Staff will return with a request for appropriation when and if projects
are approved. Probable source of funding will be Gas Tax.
This resolution approves the submittal of the applications, and does not formally approve the
implementation of the projects.
Page 5, Item
Meeting Date 10/3/2000
Attachinems: 1) Missing Public Improvemems Within 0.25 Mile Radius of Lauderbach
Elementary
School Plat and Cost Estimate.
2) Missing Public Improvements Within 0.25 Mile Radius of Rosebank
Elementary School Plat and Cost Estimate.
3) Missing Public Improvements Within 0.25 Mile Radius of Castle Park Elementary
School plat and cost estimate.
File No.: 0740-75-KY026
H:\HOME\ENGINEER\AGENDA\walkGRANT. MA. DOC
9/26/00 4:38:28 PM
CITY OF CHUL.A VISTA
ENGINEERING DF/ISION /~,e, 5=-' / ~,= ~
COST ESTIMatE
CITY' OF CHUL.4 VISTA
.e. NGI~ EERL,¥G DP/IS,_
COST ~TIM~E
I
CITY OF CHUL4 VISTA
ENGINEERING DIVISION
COST ESTIMATE
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF THREE
(3) APPLICATIONS FOR THE ~WALKABLE COMMUNITIES
DEMONSTP~ATION PROGRAM" GRANTS TO THE SANDIEGO
ASSOCIATION OF GOVERNMENTS (SAI~DAG) AND
DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS
THE AUTHORIZED ADMINISTERING AGENCY
REPRESENTATIVE FOR THIS PROGRAM
WHEREAS, the SANDAG Board of Directors has provided a
one-time allocation of $1,000,000 from TransNet local streets and
roads funds in Fiscal Year 2001 for the "Walkable Communities
Demonstration Program"; and
WHEREAS, the program is intended to fund projects that
demonstrate innovative solutions to pedestrian access problems; and
WHEREAS, the funds are available on a competitive basis
and will be awarded to the most meritorious project(s); and
WHEREAS, the 18 cities in the San Diego region and the
County of San Diego will be the only eligible applicants.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the submittal of the
following three (3) applications to SANDAG for the "Walkable
Communities Demonstration Program":
1. Installation of Missing Public/Safety Improvements
in the vicinity of Lauderbach Elementary School.
2. Installation of Missing Public/Safety Improvements
in the vicinity of Rosebank Elementary School.
3. Installation of Missing Public/Safety Improvements
in the vicinity of Castle Park Elementary School.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby designated as the authorized Administering Agency
Representative for this Program.
1
Presented by Approved as to form by
John P. Lippitt J,o~.n M. Kahen~
Director of Public Works City Attorney
[H:\H OME~ATTORN EY~RESO/Walkable Communities Demonstration Program (September 25. 2000 (§:29am)]
2 -/7
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/03/00
ITEM TITLE: Resolution Accepting Bids and Awarding Contract to
Lekos Electric, Inc. for the "Installation of Street Lights along Orange
Avenue between Fourth Avenue and Palomar Street in the City of Chula
Vista (TF289)"
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ~5,./~ ~ t'~ (4/5ths Vote: Yes No x )
On September 13, 2000, the Director of Public Works received sealed bids from five electrical
contractors for the "Installation of Street Lights along Orange Avenue between Fourth Avenue and
Palomar Street in the City of Chula Vista (TF289)". A Iow bid of $46,350 was received from Lekos
Electric, Inc.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding
contract to Lekos Electric, Inc. for the "Installation of Street Lights along Orange Avenue between
Fourth Avenue and Palomar Street in the City of Chula Vista (TF289)".
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On September 13, 2000, the Director of Public Works received sealed bids from five electrical
contractors for the "Installation of Street Lights along Orange Avenue between Fourth Avenue
and Palomar Street in the City of Chula Vista (TF-289)". This project, which will bring this
portion of Orange Avenue up to City standards for street lighting, is approved and funded in the
City's 2000-01 Capital Improvement Program (CIP). The work to be done includes the
relocation of four existing street light standards, installation of eight new street light standards,
luminaries, mast arms, and a new meter pedestal cabinet and other miscellaneous equipment
necessary to make the system operational.
The bids received were as follows:
Contractor Amount
1. Lekos Electric, Inc. - El Cajon, CA $46,350.00
2. DBX Inc. - Temecula, CA $54,930.00
3. Sierra Electric, Inc. - El Cajon, CA $56,754.00
4. T&M Electric, Inc. dba Perry Electric - Lakeside, CA $60,500.00
5. Trasig Corp. - Chula Vista, CA $66,800.00
Page 2, Item
Meeting Date 10/03/00
The low bid of $46,350 for the project was received from Lekos Electric, Inc. The low bidder has
completed several projects for the City in the past with favorable performance. Lekos Electric, Inc.
has met all City requirements for award of a contract as set forth in the bid document.
The total project cost is $77,000 which includes the $46,350 contract amount, $15650 for
contingencies, and $15,000 in staff costs for design, inspection and contract administration. The
approved CIP budget for this project is $77,000.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b)(3)
and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit "A".
Prevailin~ Wage Statement
The source of funding for this project is the Gas Tax Fund. Contractors bidding this project were
not required to bid based on paying prevailing wages to persons employed by them by the work
under this contract. No special minority or women-owned business requirements were necessary as
part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending
of the "Notice to Contractors" to various minority trade publications.
Form of Agreement
The contract will be let on the City's standard Public Works Contract form. The final form will be
approved by the City Attorney.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $46,350.00
B. Contingencies $15,650.00
C. Design, Inspection & Administration $15,000.00
TOTAL $77,000.00
Page 3, Item
Meeting Date 10/03/00
FUNDS AVAILABLE FOR CONSTRUCTION
3as Tax Fund (TF289) $77,000.00
TOTAL $77,000.00
There are only minimal additional annual maintenance and energy costs associated with this project
over what are currently being paid.
ATI~ACHMENT: EXHIBIT"A' - CONTRACTORS DISCLOSURE STATEMENT
H:\HOM E~ENGINEER~AGENDA\TF289a. DOC
THE C,T¥ OF CHULA VISTA DI$CLOSURESTAT£MENT EXHIBIT A
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with
a $1000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or 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, Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter?
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes No.3T
2-q
If Yes, briefly describe the nature of the financial interest the official** may have in this contract?
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No~'~ Yes __ If yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board
of Directors made contributions totaling more than $I,000 over the past four (4) years to a current member of the
Chula Vista City Council? Yes.__ No ~
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in
the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes__ No~_
If Yes, which official** and what was the nature of item provided?
Signature of Contractor/Applicant
Print or type name of Contractor/Applicant
* Person is defined as: any individual, £u'm, co-partnership, joint venture, association, social club, fraternal org~niTation,
corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or
any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, p]snnln§ Commissioner, Member of a board, commission,
or commitlee of the City, employee, or staff members.
H :\HOM E\ENGINEER\ADMIN\CONTRACT~TF2894)0.2016 (Boiler. Min) 15 ~ ~5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO LEKOS ELECTRIC, INC. FOR THE
"INSTALLATION OF STREET LIGHTS ALONG ORANGE
AVENUE BETWEEN FOURTH AVENUE AND PALOMAR
STREET IN THE CITY OF CHULA VISTA (TF289)"
WHEREAS, on September 13, 2000, the Director of Public
Works received the following five sealed bids for the
"Installation of Street Lights along Orange Avenue between Fourth
Avenue and Palomar Street in the City of Chula Vista (TF289)":
COI~TRACTOR BID AI~OUI~T
Lekos Electric, Inc. - E1 Cajon, CA $46,350.00
DBX Inc. - Temecula, CA $54,930.00
Sierra Electric, Inc. - E1 Cajon, CA $56,754.00
T&M Electric, Inc. dba Perry Electric- $60,500.00
Lakeside, CA
Trasig Corp.- Chula Vista, CA $66,800.00
WHEREAS, the low bid of $46,350 was received from Lekos
Electric, Inc. who has completed several projects for the City in
the past with favorable performance; and
WHEREAS, staff has reviewed the low bid and recommends
awarding the contract for to Lekos Electric, Inc.; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined
that the project is exempt under Section 15303, Class 3 (new
construction or conversion of small structures); and
WHEREAS, contractors bidding this project were not
required to pay prevailing wages to persons employed by them for
the work under this project; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents;
however, disadvantaged businesses were encouraged to bid through
the sending of the Notice to Contractors to various trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the bids and award the
contract to Lekos Electric, Inc. of E1 Cajon, California in the
amount of $46,350.00 for the Installation of Street Lights along
Orange Avenue between Fourth Avenue and Palomar Street.
BE IT FURTHER RESOLVED that 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.
Presented by Approved as to form by
John P. Lippitt John M. Kah~Fny
Director of Public Works City Attorney
[H:/HOME~,TTOF~N EY/RESIOrange Avenue Street Light Bid (September 22, 2000 (4:34pm)]
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/3/00
ITEM TITLE: Resolution Amending the fiscal year 2001 budget
appropriating $25,000 from the General Fund available fund
balance to cover the City's fifty pement share of the cost of an
Operations and Financial Audit of Otay Water District
SUBMITTED BY: City Manager~(~" (4/5ths Vote: Yes x No ~
BACKGROUND:
At the June 6, 2000 meeting, Mayor Pro Tem John Moot raised concerns in a report
regarding management decisions with respect to Otay Water District's water rates as
well as disappointment with the conduct of Otay Water District Board members. Council
authorized the City Manager to seek a qualified, unbiased firm to perform an Operations
and Financial Audit of Otay Water District. The firm of Malcolm Pirnie, Inc. has been
retained to perform this audit for a total cost of $50,000. Otay Water District has agreed
to split the cost of the audit with the City. The resulting cost to each agency for the
Operations and Financial Audit is $25,000.
RECOMMENDATION: That Council approve amending the fiscal year 2001 budget
appropriating $25,000 from the General Fund available fund balance to cover the City's
fifty percent share of the cost of an Operations and Financial Audit of Otay Water
District.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
Mayor Pro Tem Moot's report of June 6, 2000 (copy attached) summarizes in detail
concerns regarding "internal political disputes" among various Otay Water District Board
members as well as management decision concerns regarding Otay's water rates.
A cooperative effort between the City of Chuia Vista and Otay Water District resulted in
several productive meetings with the two subcommittees. The subcommittees, along
with the City Manager and Otay's General Manager, Bob Griego, include Mayor Pro
Tern Moot and Councilmember Steve Padilla and Board members Mark Watton and Del
Laudner. The internal audit, being performed by Malcolm Pirnie, Inc., is approximately
halfway complete.
FISCAL IMPACT: Appropriate $25,000 from General Fund reserves to Public Works
to pay for the City's portion of an Operations and Financial Audit of Otay Water District.
Attachment: 6/6/2000 Report prepared by Mayor Pro Tern Moot
CHUIA VISTA
OFFICE OF THE CITY COUNCIL
June 6, 2000
MEMORANDUM
TO: Mayor Shirley Horton, Councilmember Stephen C. Padilla,
Councilmember Mary Salas, Councilmember Patty Davis
and City Manager Dave Rowlands
FROM: Councilmember John S. Moot
RJr: Councilmember Comments Regarding Water Rates in Chula Vista
In December of 1995, the City of Chula Vista ("City") and the Otay Water District
("Otay") entered into an agreement ("Agreement") whereby Otay would be the water supplier
for purposes of furnishing the City or its inhabitants with retail water services for those parts
of the City which are within Otay's jurisdiction. Otay currently provides service to most of
Eastern Chula Vista and the growing areas within the Otay Ranch, East Lake and Rolling
Hills Ranch Developments. In the 1995 Council Agenda Statement, a copy of which is
attached along with the Agreement as Exhibit A, staff noted that the City has the authority
in its Charter to provide water service itself or to franchise water service to another entity.
The staffreport noted that the City was not, and had not been, in the water business whereas
Otay was and "it probably makes more sense for Otay to continue its provision of water
services in Chula Vista rather than the City stepping into that service area."
In the Agreement entered into between the City and Otay in December of 1995, the
City agreed that Otay would continue to be the water supplier for Chula Vista residents who
resided within Otay's jurisdiction. In exchange, as provided in Paragraph 2 of the
Agreement, "Otay shall be responsible by law and this Agreement to provide water
services as needed to the inhabitants of such territories in a cost-effective and reliable
manner." Section 4 of the Agreement reads as follows:
S\¢he 0 276 FOURTH AVENUE · CHULAVISTA~* C'~LIFOR°~NIA91910. (619) 691.5044 · FAX(619) 476.5379
nB\10 0kISMMMMM Councllm~mb~rs wpd
I Ill
Memorandum Page 2
RE: Councilmember Comments Regarding Water Rates in Chula Vista
"4. Water Rates. Otay agrees that the water rates it charges
within the City shall be fair and reasonable, and shall not
discriminate against customers within the City, as compared to
customers outside the City's jurisdiction."
In Section 10 of the Agreement, Otay further states that it will not place debt on
private property for the construction of water facilities through an assessment and/or
improvement district in excess of $. 10 for every $100 assessed valuation within the City.
The Agreement also provided in Section 6 as follows:
"6. Land Use Policy. Otay recognizes that the City is the
authority for setting land use policy within its planning areas.
Otay agrees it will not set or use water rates, water permitting
authority, or other aspects of water policy for the primary
purpose of regulating land use within the City, except as
required by State law as to matters of statewide concern."
A. Recent Events
A recent article in The San Diego Union-Tribune dated May 31, 2000, a copy of
which is attached as Exhibit B, references what would be best categorized as "internal
political disputes" amongst the various members of the current Otay Water Board ("the
Board"). The article specifically cites a newsletter entitled Otay Water Drops which may
have perpetuated and/or been an attempt to publically air the Board's internal disputes. By
way of example, a copy of Volume 1, Issue 2 of Otay Water Drops is attached as Exhibit C.
The Union Tribune article also references a recent Golden Fleece award given to Otay by the
San Diego Taxpayers Association. In a different article dated May 19, 2000 regarding the
Golden Fleece "Honors" handed out to various governmental agencies, The Union-Tribune
reported that:
"The San Diego Union-Tribune found that the District spent
$104,000 of Board expenses in fiscal 1999, a figure that covered
travel, but also stipends for attending local meetings and items
such as home fax machines and internet and, email services."
S:\Clicnts\1000USMklVihM-Councilmembers.wpd ¢ ~' 3
CiTY OF CHULA VISTA
r
Memorandum Page 3
RE: Councilmember Comments Regarding Water Rates in Chula Vista
While the Otay Water Drops publication on its face, and by reference to The
San Diego Union-Tribune's attempts to track down its actual publisher, appears to be of
questionable merit, the newsletter does make reference to a Spring Valley resident who
complained "The energy charge portion of his bill had jumped 300% in twelve months."
B. Potential Issues Regarding Otay's Water Rates
Both before and subsequent to the San Diego Union-Tribune articles, I have spoken
with persons who report to have knowledge regarding matters referenced in the articles and
newsletters as well as Otay's management practices. Based on the information relayed to
me, I believe some fact-based inquiry regarding Otay's water rates is appropriate. At the
outset, I think it is important to note that newsletters of a questionable source and newspaper
stories which highlight primarily political disagreements, charges and countercharges, are
not within the jurisdiction of this Council nor do they warrant the expenditure of any of
the City of Chula Vista funds for further inquiry. However, the December 1995 Agreement
between the City and Otay and specifically the provisions in Section 2, 4, 6 and 10 of the
Agreement do fall within the purview of this Council and I believe warrant a fair and
impartial inquiry into whether or not the rates being charged by Otay to Chula Vista residents
is "fair and reasonable" and being provided in a "cost effective and reliable manner."
The information which has come to my attention which leads me to believe that the
Council should authorize the City Manager to expend available funds to conduct a limited
management audit of Otay for this purpose includes the following:
1. Otay may have spent up to $26 million on a interconnect pipeline which
currently carries no water. An additional $11 million may have been spent on a pump station
for this pipeline. The pipeline is apparently triple-barreled and may indeed be redundant to
a larger pre-existing pipeline which was already and still is servicing Chula Vista residents.
2. Otay reportedly holds in reserve as much as $45 million in cash, $26 million
in connection fees and bond debt of $31 million for a total of $102 million in reserves. If
their budget as represented in The Union-Tribune article is accurate, this is more than three
times Otay's total annual budget. By way of example, this year's City of Chula Vista budget
proposes approximately 15% of the total budget in reserves. This extraordinary amount of
money being held in reserve could conceivably be used instead to lower water rates.
S:\Clients\1000~JS~-Councilmembers.wpd ~0~ ~
CITY OF CHULA VISTA
Memorandmn Page 4
RE: Councilmember Comments Regarding Water Rates in Chula Vista
3. Otay has possibly used a process for budgeting capital improvements which
allocates the expenditure of these funds over as much as ten years whereas in fact more
money than allocated for a particular year is spent in that year. This may have resulted in the
expenditure of unallocated funds in a particular year and may in fact make it difficult to
identify and/or mask budgetary overruns on capital improvement projects.
It is again important to note that it is not uncommon for people to come forward when
a "controversy" like those referenced in the newspaper articles appear. Information provided
under such circumstances may not always be reliable. Nonetheless, taken as a whole, there
would appear to be sufficient probable cause to go forward with an impartial, fact-based
inquiry as to whether past management practices have adversely affected water rates being
paid by Chula Vista residents. Until such a fact-based inquiry from an independent source
can be made, it would be my recommendation that the Council and City staff withhold
judgment as to what has occurred and what a fact-based inquiry may or may not reveal.
C. Recommended Action
The action which I would recommend be taken at this point in time is to authorize the
City Manager to solicit at least three reliable and independent persons or entities capable of
making an independent inquiry concerning past management practices at Otay to determine
whether Otay's current rates are as stipulated in the Agreement with the City are fair and
reasonable and being provided in a cost-effective, reliable manner. It is further
recommended that the City Manager bring back the names of these entities and a reasonable
price range within which a limited management audit could be done. If necessary, authorize
the City Manager and/or staff to provide any information requested by such entities for
purposes ofproviding an estimate for the services they would render. If necessary, authorize
the City Attorney to make an Open Records Act request under Government Code § 6250, et
seq. to Otay for purposes of providing to the designated company the information or
documents necessary to perform the services requested.
Certainly, it would be my anticipation and hope that the Otay Water Board and its
staff would voluntarily agree to and cooperate with a management audit and work with the
City of Chula Vista for the common goal of insuring that Chula Vista residents pay the
lowest, reasonable water rates based on prudent and responsible management practices.
S :\Client s\ 1000Ll SIVlZMa3M-C o un cilm ember s.wpd ~ '"'"'* 5
CITY OF CHULA VISTA
[
06/01/00 THU 10:17 FA~ 619 409 ~884 CITY ~d~AGERS OFFICE ~]002
' .
COUNCIL ]t~ENDA
Item No.
Meeting Date
ITE~ TITLE: Resolution ~] ~Z - Approving Agreement Be~en
~he City of ~ula Vista and ~e Otay Wa~er Di~lc~
for ~e ~ovision of Water S~Ce in a Portion of
~e Ci=y of ~ula Vista
s~ BY: City Manager~ 4/5~s Vote: Yes.__ No
~ you ~, over a p~riod ~f several years ~ City of ~ulm Vista
~d ~e ~y Water Dis~ict have had discussions, eider ~ouqh
~e fo~ of ~e Wa~er Task Force or at ~e mtaff level, concerning
~e dir~tion being t~en by ~ Otay Water District regarding
above-~d water storage. 'The City had a basic concern,
reflect~ in Otay'~ 1991 draf= Facilities ~ast~ Plan, ~ha~ an
excessive ~o~t of money (tens' of millions of dollars) would
spent building =e~inal storage in ta~s above-~ound, ra~mr
using nearby rese~oirs o~ed and con, oiled by ~er agencim~.
~is would ~e ~eoessa~ money away from o~r infra~t~c%ure
needs related to mewer, drainage, street~, schools, fire
and p~. Part of ~e interaction between ~e City and th~
Diztrict cc=red in =o~ection ~i~ a lawsuit filed ~ ~e City
~allenging ~ fact ~a~ ~e ~aft Haster Plan ~d ~o~ receive any
~viro~tal doc~entation.
With pre~e from ~e City, ~e District s~se~ently has gone in
a different, positive 'direction. Their ~aft 1995 Facilities
Ma~er Plan ~phasizes le~ covmred ~torage and more u~iliza=ion of
already avail~le storage resources in ~e vicinity.
~o~er issue is ~a~ ~e City ~rently is a~p:ing ~o ge~ it~
Sphere of Influence update approved, as well a~ annexation of ~e
weste~ ~rcel of ~e otay Ranch. otay ha~ transmitted a letter
=uncern regarding both ~e City'~ sphere ~d a~exation proposals
and not only want ~e City to desi~ate them as ~e preferred water
provid~ for ~e area, but to give Otay ~ome ce~ainty ~a= ~ey
will s~ll ~ in business to build ~e major capital
in ord~ to a~ieve ~ ~e City's ~d ~e Water Di~trict's
would basically set fc~ a fr~ework for ~e working
~tw~en ~e City and ~e Otay Water District d=ing ~e t~ of ~e
a~e~ent.
~ I~ i~ =eco~ended ~a~ ~e resolution
approving ~e agreem~t ~tween ~e City ~d
Otay Water Dis~ict for the provision of water
se~ice~ to a portion of ~e City be adopted.
06/01/00 TBU 10:17 FAJ[ 619 409 5884 CITY IIASAGERS OFFICE [~003
For ~everal year~ ~e City has had a ~ajor concern wi~ ~ Otay
Wa~er DiGtrict'~ plan to spend a considerable amount of money on
above-~o~d retinal ~orage ~or the developing ~art of Chula
Vista. ~s is ~e City'~ eastern sector, an~ is ~e central
Valley.
In 1991, the Ot~y Water Distric='s Facilitie~ Master Plan
sl~ificantly rel~ea upon covere~ s~orage for various water
~i~tribution pu~oses, lnclu~in~ ~e~inal storage. ~=er a
fil~ by ~e city of Chula ViGta, ~ay went back to ~e ~aw~ng
~ard~. ~ey have now develope~ ~e 1995 Dropo~e~ plan, wh~
qoing ~ouqh enViro~ental review and should be considered by
Otay'~ Bo=rd of Directors wi~in six month~. This new plan does
meet ~e obJec~ive of ~he City ~f ~ula Vista, which i6 ~o reduce
~e overall cos~ of infra~t~ct~e for ~e eas~n part of ~e
City. It Is obvl~u6 ~at ~er~ is only so much money to provide
basic infra~ct~e for a developing ~ea for water, sewer,
~ainage, {treet~, ~chool9 ~d o~er p~llc facili~ie~ such as
librarie~ ~ fire s=ations. . By one of ~e~e
~e~ent~ taking a disproportionate ~ount of money for
It hampers the ~ility for ~is part of ~ula Vis=a to ~ow and
develop in a ream~nable ~d cost effective ma~er. The efforts by
~e C~=y to change the policy direc=ion of the Water District
refle~e~ in ~e fact ~at ~e capi=al improv~ent priam for ~e
wa~er ~y~tem was reduced ~rom an estimated $~5~ 605,C00 in ~e 1991
plan to $87,105,000 ~n ~e 199~ plan. Of ~is reduction, ~ is
estimated ~at aDproximately $92,000,000 va~ ~e result of ~e
tncrease~ opera~tnq
~e p~spective of ~e Ci=y of ~ula vista. F~rst ~f all,
recognizes ~at Otay is an independently governea public agency,
and ~at ~e City an~ O~ay a~ee ~at a long-te~ a~e~en:
desirable ~o fix ~e re~pon~ibilitie~ ~f the City an~ Otay
respect to ~e provi~ion of water se~ices ~ meet =~rent an4
furze need~ of the City that ~e se~e~ by Otay. (Sweetwatmr
Au~ority also provl~e~ se~ioe to o~ part~ of ~e City,
Drovide~ ~ O~ay. ) The city has ~e au~ority in its ~a~er
fran~ise water se~i=e provision to ano~er entity, or ~e
can p~fo~ ~at se~io8 itself. Sin:e ~e City is c~tly not
in ~e water business an~ Otay i~, an~ i~ appe~m ~at O~ay has
solved ~ny of ~eir fo~er operating ~rob~ as well a~ ~e wa~er
~torage i~ue mllu~m~ ~ ~ove, i~ Drobmbly makes more sense for
O~ay to con~ue its provision of water s~iCe in ~ula
ra~er ~an ~t City stepping into ~at se~ice area.
Second, a occident is ~btained ~ Otay ~at ~ey will provide
wa=~ se~loe as needed to i~abitants wi~in i~s boundarieS,
:
06/01/00 ~ 10:18 FA][ 619 409 ~8,1 CITY IgANAGER$ OFFICE
acc4
effective and reliable ma~er, as do priva~ water companies. This
~neficl~l to ~e residents ~f ~ula
Ne~, Otay a~s ~at it~ water ra=~ ~i~hin ~a City will ~ fair
~d r~onable, and ~t ~e ~=2omer~ w~in the City w6uld ~ot
~is~inat~ again~ compared to cu&tom~rs of otny who are ~u~ide
~e City's J~i~dicttons, such a~ ~ose tn Spring Valley &nd
2t should be noted ~ ~he ~boye provisions a~ w~ll a~ ~ ones
that follow are subject %o a dispute r$~olu~ion, which
f~st, mediation, and ~f ~at fail~, arbitration. If ~e matter
act reasonably in car~ing our ~e t~s ~ff ~[~ a~e~e~t, the
compliance with ~e agreement. · So, if ~ey are not following
reasonable ~d ~on-discr~lnmto~, i~ ~e water se~ice im
being provided in a cost effective and reI~able ma~r,
~bitra~ors can re, ire o=ay to come into compliance wi~ ~ose
provisions of ~e a~e~ent. If they do not do so, ~e City has
itself.
One of ~e critical pa~s of :he a~eement is o~ay,~ Nas=er Plan,
which is now ~oin~ ~rough enviro~ental review. ~e
a~eement ind~cate~ ~a~ the final MaRter Plan must be
~st~ially ~milar to ~e ~aft Ma~t~r Plan, wi~ ~e provision
~at not more ~an five averag~ days of filtered wat~ ~orage will
be provided, and that there Be a dollar l~it f~r future filtered
does not wl~in two years approve a final Master Pi~, ~e City has
~e right %o ~e~inmte ~is a~eement, ml~ouqh ~e tw~ year
can bm tolled d~inq any lawsui~ ~at may be ~ought against 0ray
~hallenging ~e adoption of it~ final Master Plan. ~re is also
will ~l~ent ~a~ ~%er Plan. It i~ staff's Judith= ~at once
~at Plan i~ ~pl~nted. ~qes ~rom ~e Master Plan ~
years would be ~inanoially diffi~lt to accomplish and th~
would ~ si~ican=ly =o~i~Ued to ~at Plan a~ ~y ~gin
lmpl~entinq it-
to p~ue ~t effective ~t~rage m~d, .~ partl=ul~, to seek open
s~or&ge ~ 0~ay ~e. ~ere are negotxations ongoing ~twe~
~d ~e City of San Diego. I ~et last we~ wi~ S~ Diego,s city.
Manager, who ~dica~ed ~a~ he did no% ~ee any major obstacles
~pl~enting such an a~e~ent for ~e use of ~e ~ay ~ke.
~iwing at ~ agremment is still subject ~o coming up wi~
3
05/01/00 THU lO:18 FAS 619 409 5884 CITY HANAGERS OFFICE ~005
right dollar amount for Otay to expend in ex~a~ding the water
filtration plant at Otay Lake so T. hey can use it as back-
up/emer~;~noy ~torag~ for their water system.
~e a~e~en~ ~pecifically provide~ ~a~ in ~e even~ ~at Otay
fail~ to diligen~ly p~ue this propose~ agre~e~t wi~h ~e city
San DiegO, ~e City ha~ ~e right ~o resinate the
~o~er important point is ~at Otay co.its to buy from ~e City
as mu~ reola~ed wa~er am ~m o~y R~ch area need~ and
available from a~y city wat~ re=lamation fa=ility, or water
obtaine~ from ~e City of San Diego ~n case ~at ~oomes pa~ of
~e e~a~lon ~ connection wi~ o~ ongoing dim=ussi~ns on
improv~mnts wi~ ~e City of S~ Diegp.
installa~iOns in city street~, upon ~emand Otay will repair ~r pay
~o ~e City ~m reasonable cost of repairs to City prope~y,
including ~treets, resulting from the operations of otay. This
will in=lude removing and relocating, without e~anse =o ~e City,
any of O~ay's facilities if and when made necessa~ by a lawful
change of ~ade, alig~ent ~r widening of any publi= s~eet, way,
alley or place. ~e only, ex=~ption is if Otay's faoili~ie~ are
const~cte~ wi~in an easement, with prior rights in whi=h
Otay ~ill meet with ~e City and use its best efforts to ~ek an
will mmnmmize ~he likelihood and cost of ~eir future relocation
removal.
Be~ide$ the~m major point~ in ~e proposed a~eemmnt, ~ere are
o~er points ~at clearly ~re of interest to ~e City. These
1. That Otay a~ee~ ~at it will not use it~ water rates or water
pe~itting au~ority, or any o~er ampect~ of ~eir water
polio, fur ~e prima~ pu~oma of re~la=ing l~d u~e wi~in
~e city. ~is states Otay'~ reco~itton ~at ~e City
au~ori=y for setting land USe policy wi~in i=~
area, n~t ~e Water Dis~lct. This has been O~ay's past
policy and ~y not seem to ~ a major issue. However, i= has
been mn issue in o~er parts ~f ~e State ~d
imposer, we ~lieve, to articulmt~ ~i~ poll~ in
year a~eem~t.
2. There is a o~i~ent towed ooop~a~g and developin~ Otay'~
capital ~pr~v~n= pro,am, wi~ Otay c~it~ing ~o meet wl~
City. s2aff ~fore ~pl~enting ~e pro~, and City staff
occurring ~o provide Otay wi~ ~e latest ~o~
4
06/01/00 T}]U 10:19 FAX 619 409 5884 CITY MANAGERS OFFICE G006
and confer with the city regarding any Joint use proposals,
such ae soccer fields being placed on top of constructed
4. Since the City has a limitation by informal policy that there
should not be any propez~y ~axea or assessment greater than
$2.00 for every $100 of assessed valuation and since there was
a concern that Otay, through their assessment practices, might
materially impact that limit without any control or input from
the City, Otay agrees that their assessment and improvement
COSTS will not exceed 10 cents for every $100 An
valuation. This is viewed by staff as a reasonable limit.
5. Otay agrees to continue to provide the existing sewer billing
service tot he city that it has historically provided, on%he
same terms and conditions, with reasonable increases allowed
so Otay can recover its costs.
6. Otay not only withdraws'any oppo~ition to the current sphere
of influence and annexation proposal but supports the sphere
of influence amendment cu_vrently pending before LAFCO Where
~here is no dispute between the County and the City. They
further do not oppose any future plans for anmeKation of the
territory within the current or future boundaries of otay and
the City, including but not limited to the western parcel on
the Otay Ranc~h.
7. Finally, the City may impose a utility users fee to recover,
for example, the cost the City has eXpended in order to turn
the policy direction of the Otay Water District te ~he point
it is now, es reflected in T_he attached agreement, saving the
developing eastern community tens of millions of dollars in
infrazt~ructure costs.
This agreement reflects achieving%he objectives of the City as it
relates to its concerns regarding the provision of water to the
areas served or which will be served in the city of Chula Vista.
This properly could be characterized as a milestone &greemen=,
ending year~ of concerns, and occasionally clashes, between the
city and the Dis~rict to the benefit of both agenclee.
SC
To the extent that the draft 1995 Master Facilities Plan of the
Otay Water District is finalized, approved and implemented, there
is a projection ~hat in ~he water system capital
program, as much' as $138,500,000 will be ~aved compared to the
previous Master Plan. In addition, thi; agreement provides to
Chula ¥ista's residents, water service in a cost effective and
reliable manner with rate~ which are fair, reasonable end non-
discriminatory. Finally, it provides for potentlal savings in the
06/01/00 THU 10:19 FAX 619 409 $884 CITY ~,NAGERS OFFICE ~007
sense of joint use of facilities, the economies achieved by
utilizing the Water Di=tric~'s mechani~m for ~e~er billing, the
acquisition of reclaimed vater from the city which otherwise might
be lo~t, as well as the ability to obtain r~mbursement for pa~t
expenditure~ lea4ing to this agreement through the utility u~ers
fee.
Attachments: Agreement
06/01/00 THU 10:19 FAX 619 409 5884 CITY MANAGERS OFFICE ~008
AGI~M~_iqT BEZWv'E.t~ ~ CITY OF
CHINA VISTA AND THE OTAY WATER
DISTRICT FOl?. ~ PROVISION OF
WATF,.R SERVICE IN A POI~TION OF TI~ CITY OF CHULA VISTA
~ a~reement entered into by and between the Ci~ of Chub Vi.~a ("City'),
a chaxter city, and Otay Water Dhtrict ('Otay") a public entit~ e.stablhhed under the
Municipal W~t~- District Law of 1911 ~ forth cemin t~m,~ and conditions under which
the Otay Waler Di.~-ict shall be tl~ provider of retail water selwice~ within a pox~ion of thc
A. Ot~y is an independently governed public ageacy which is r~,spo~isible
by hw and this ap-ee.m~ut to provide water service as n~ed tn inhabitants within its
bound~tie~ in a cos~.-~ff~ctiv¢ and ~liablc man~er. Otay racognizes, through this agmemant
that City s~eks tn coordinam the provision of gov~-nm~ntal servlce~ to its inhabitants.
B. City and Oay de~ire a coopaativ¢ redation.~p so ~ thor re_~tive
pl~nnin~ efforts will not conflic~ within the City's planning area.
C. Otay dc.sires tn have a stable planr~g environm~m so tl~ its efforts to
provide w~t~r se. rvic~ to its customers through regional facilities can go forward.
D. City and Otay agr~ thai a lunl~-tcrm a~,=~n~nt i.s desirable tn fix the
r~sponsibilities of City and OUay with respect to the prevision of wa~r servic~.s to curr~nt
and futur~ areas of City which will b~ s~rwt by Ota~.
In considf~rafion of which, thc parti~ do h~r~by ~ ~ follows:
1. IL~tah. The recitals lisu:d above a~ corr~t and ate incorporamd
herein by r~.fer~nc~.
2. Wluer P'~ovider. City agrees thai Ota~ will b~ th~ w-a~r supplier for
the purpose of furnish_in§ thc City ar its inhabilauts with r~tail waer servicz for thos~ par~
of the City which ar~ within Ota~'s jurisdiction, and for such futura ar~s curmatly outsid~
O~ay's jmisdiction which m-~ aunex~l to thc City along its eastm-a boundaries, except sreas
wi*~i- Swe~tw,*~ Authority's jufisdi~ion. 0ray sh~ll be l~sponxibl~ by hw xnd this
agreem~t to provide waer servic~ as ne.~l~l m ~,~ i~h~hilauts of such lerritori~ in · cost-
effeciive and tv. liable manner.
3. .T~II~.~ZiilIF~. The tm-m of this agr~m~nt shall be ~0 years from
the ~*~ of signature by the City. This agreement may be t~n-iEnated earlier only as provided
06/01/00 THU 10:20 FAX 619 409 3884 CITY I~ANAGERS OFFICE ~00g
pursuant to paragraphs 5 or 14, hc.r~of. Upon termination or oxpkadon of this a~ment,
Otay shall then have the right to continue to se. rye water und~ thc powers of a municipal -..
water dislrict, and City shall then have the ri~h~ to adopt any hw or ordinance within its
authority.
4. ~. Otay alrc~ ,!~t th, w~,~' rates it c. tnr~es within thc
City ~ b~ fair and rea.sonabl~, and shall not dtscri~ ~inst ~tstome.~ withtn City,
comparrxi to cus~m~rs outsid~ thc City's jurisdiction.
3. Master Plan. Otay ~ tha~ il shall adopt, within 2 y~ars of the
eff~-tiYe a~t~ of this a~re~mant, a ~ Maser Plan for the provilion o~ wat~ facilities
witl'gll thc C{ty which is sl~b~ta~lly gm~l~r to thc Mon~§omery Watson draft Maser Pla~,
dated April 1995, ~titled, 'O~ay Water Distrkt Waist I~our~s ~ Pi~'
th~ 'graft Master Plan.' City believes that th~ draft Ma~r Plan represents a pmdrat and
§ood faith effort to plan for thc fut~az water facility ~__~d_i of City's h~abii~nts.
Th~ f-irial lvlast~r Plar~ shall bc c~nsldered to be substa~tiMly similar lo ~
clraft Maser Plan so long as it provides for;, (I) the a~luisition or d~velopment of not
than $ Awrai~. Days of open stara§e capacity and not mor~ than $ Avera~ Days of total
ilt~r~ water storage, including ~ smrat¢, emergency storage, op~m~ral
and fir~ storage; (2) a total, r~a~rably estimated cost, has~ on a I.A-ENR inbox of
for the C~ntral Area of Olay (as describ~i in th~ dm~ Master Plan and includhl§ th~ we..~nl
pare~ of th~ O~ay Ranch D¢¥¢lopmeat) which shall not ~x¢_~fl__ $~,$66,000 for futur~
filt~i water storatc, and $6,132,000 for pump s~ations to s~rv¢ the CenWal Area, ~x~lusive
of any fmzuc~g ~xp~s~, all ~ desc~'b~d in th~ ctmf~ Maser Plan; and (3) the d~wl~pm~
of w~,r supplies from neighboring public wamr supplkT~, such as thc City of .~an Di~go
('l~ Die~o'), He.Iix Wa~r DLstri~t ~ncl Sweetwat~r Authority. For th~ purpo~ of
a~reem~n~, an 'Avcrai~ Day' of stm-~¢ shall be as dcKned in the draft Master Plan,
thc water generation Fa~rl~, l~l~ng ~tors and assumptions r¢~dln[ e. mel~ncy water
conservation and alternative SUPl~ly d~v~lopments found therein.
In the ~vent Otay do~ not, within ~ y~rs, approve such a final Ma.st~ Plan,
not~rithstm~cli-,f; any oth~.r provision of this a,,~ement,, thc City shall ha¥¢ thc right,
following a public h~'in§ h~ld upou 30 days no,ice to Otay, a~ which prote.~s may b~ h~'d,
p~nd~n~ of any suit brought a~ainst Olay challent~in§ its adoption of a final ~ Plan.
Any publi~ h~-int~ noti~ to b~ ~iv~n by City to O~ay under this paragraph shall be
within 90 clays of thc dat~ City _r~_e,_'¥~ noti~ f~om Otay ~ (1) Omy has app~o-¢ed thc
fnal Maser PI~; and (2) any sui~ brought agains~ Otay chall~ini its adoption of a ~
Masu~ Plan has b~ finally re~l¥~d, whichever is later.
Aft~ adoption of · ~al ~ Pla~, O~ay shall ~ its be~ efforts to
impl~m-'nt such plan. Any subse~lu~ntly-~na~t~d or amended Mastr. r Plan shall be submi~l
to the City for r~vi~w and comment. O~ay will provide spe~iic, d~il~d ~...~on..~ t~ all
COmments' made by the City.
06/01/00 TItU 10:20 FAX 619 409 5884 CITi' MANAGERS OFFICE ~010
"-' 6. ~. Otay r~cog~.s that City is the authority for settiai
land use policy within its plannini~ area. O~ay agrees that it will not set or u.~ water rams,
wa~' l~C,-,tlIing anthofity, or other a-~pects of waler policy for the primary purpose of
xegulaling land use within ~ City, except as required by State law as to m~,~ of sta~wide
7. C _oopera6on and Plannine. Prior to adopting its annual Capital
Improvement Program ('CIP') Otay will contact and meet with City Staff. City Staff will
provide Otay with City's later growth projections so that titis iaforrn~tlon ~ b~
incorporated into Otay's Cil~. O~ay will ~aaonably plan and construct those wa~r
n~ce.ssary to me~t anticipated cl~,~d in City. O~ay will apply its best efforts consisteat with
San Diego Couaty Wat,~ Authority policy to aaatuz adequat~ water supply to meet City's
dcraands.
g. ~lg.~. Otay ~ to apply its b~t efforts to pursue cost effective
storage arid~ in pal'tic~flar~ to S~k OpCll storage ia Otay Lake or slr~i]~ open re.s~oir
storage through an agrccraeat with th~ City of San Diego, or other public w~_~ supplier or
suppli~s which is designed to implement the draft Master Plan provisions regarding cost-
effective stora§¢ for the City and its in.habitants, and to avoid any need for thc d~velopment
of more than 5 Avexage Days of ~tered storage. Otay agrees that fllt~_~ storage is an
undeakably costly m~hod of providing water storage for more than 5 Average Days; while
up to 3 Average Days of filtered w~_~_er storag~ ia a r~asonable method of providing such
storage for t~e C~lxal ~ La the eveat Otay fails to diligently pu~ue such an agr~meat,
City shall have the right to t~r~i~at~ this agreement pursuant to paragraph 14.
9. lolnt Use. Otay generally agrees with the joint usa of realities.
~ to m~ and confer with City regarding any joim use proposals propo~-a by the City
on reservoir sites.
10. Public D~b.L Otay agl~e$ that it will not plac~ tt~_bi on priva~
for the c~struction of v~ facilities th.rough an a~_?s__,meat znd/or improvemeat distriat in
exc. e.,ss of $.10 for ~very $100 in assessed valuation within City.
1 I. Sewer ~illir~e. Otay agn~ to continue to provic~ the existin~ sewer
billing service to thc City that it baa hi~torically provided on th~ same terms and conditions
with raa.sonabl¢ ~ allowed ~o that Olay can recov~ its costs.
12. ~. Olay will buy f~m City, or City's dcsiga~,
much ~.lairaed water ~ the Olay Ranch a~a n__,~, s and is awll,~le from any City
~lamation facility or raw or r~aim~t water ob~i,~t by City from San Diego. Ai~
c~nsiderin§ inc~mives or ~b~_,__-_, from others which are paid to Otay or City, and the cost of
diatribution paid by Otay, th~ cost of purcha~g such ~ from City or City's deaignee
shall not cause the price of r~laimed wa~r ~o either the City's inhabitants or
custora~rs to iacrea~ over th~ price that would have b~en charged had Olay supplied to those
ialmbitanta or customers, raw water purchased from and delivered to 0ray by thc San Diego
06/01/00 ~HU 10:20 FA~ 619 409 5854 CITY HANAGERS OFFICE ~011
County Wat~ Authority. Since th;< paragraph is premised upon the current pricing slrueturo
in which raw water is a substitute for reclaimM water in ~ county, in the event the price
of reclaimed water produced by San Diego and available to City is not based upon thc San
Diego County Water Authority's pri~e of raw water, City shall have the right to demand
renegotiation of the provisions of this paragraph regarding thc price to be paid by Otay for
City's reclaimed or raw water supplies.
13. WaIer Facilt~ Installations and Alterations. As to Otay's opera~n.s
within the boundari~ of City, Otay aggee$ to coordinsto the actual installation and alteration
of its f.c~lities within City to tl~ extent requi.~d by law. In addition, upon demand Otay
will:
(a) repai:: or pay to City the reasonable cost of repairs to City property resulting from
ope~tions of Otay witMn City;
(b) re~ovo and reloca~ without exlae.~ to City, any of Otay's fa~ilitie$ within City,
if and wh~n made necessary by any l~wful change of grade, alignment or widening of any
public street, way, alley, or place, including the conslruction of any subway or vla~luct,
,,n~e<~ Otay's faaility is lo~ated within an easement granted to Otay prior in lime to City's
fights in such pr~. I~ such instances, as to any of Otay's facilities to be construoted
witifin an easement with such prior rights, Otay shall meet with City and us~ its be. st efforts
to s~k agr~e, ment regarding the location and desiga of th~ fae~t'ti~ which will mlnlmiz~
l{le~,'~ood and cost of theLr futu~ 1~location or removal. It is thc intent of the parties that
Otay'~ facilities b~ loca~d within exisling or planned public rights of way whenever feasible;
that the acquisition of ~ments for Otay'a facilities occur only whan strictly ner~.~xy; and
that future private developments not be relieved from utLLity relocation co,ts under thi,
parag~ph. Therefore, it is further agr~d that: (1) Otay ~all us~ its b~t efforts to lo~te its
facilities within existing or planned City rights of way or other public pisces, rather than
within any easement; and (2) City shall use its best efforts to condition futur~ pfiva~
developments which nececo'itate the relocation or removal of Otay's facilifie~ to bear the costs
of such r~location or removal.
(0 inde~nnify and hold City barrel.s from liability for damages resulting from Otay's
opcratioxzs.
14. D/~ute Re~olufion.
(a) In the event of any dispute or conu-over~ between the parties he. into regarding
the t~,~,¢ision of wa= service within City's cun-~t or potential futur~ boundaries, ~e parties
ahall mal~ a good faith effort to re~olve such controversy or dispute in the first instance
through mediation. The aubjec'ts of such meclla~on nm), include an~ matmr adclres.~ in
aSzee, me t, or other matter pemin/n$ to the provision of water service, includin$, but
not limited to implcmentat;on of sta*~ lawa requiring dir~'t acc~.~., aggregation of ar. count~ or
wheelin$ of w~_te_r for the benefit of City inhabitants. Upon written demand by either party,
a mutt~.lly agreeable m~i~tor will be aelccted to assist the parties in resolving as much of
..... I 1'1 T
06/01/00 THU 10:21 FAX 619 409 5884 CITY ~AGERS OFFICE ~012
the dispute or controversy as possiM=. Th~ costs of m~liation shall be divided equally.
Notwiths~nding any other p~o-,4sion of this agreement, tMs subp~'agraph (a) shall riot aff~'t,
nor sl~l it be considered in the cons~uction or interpretation of, thc scope of paragraphs 16
and 17 of this agreement.
(b) Whenever a dispute a~--~ as to the way Otay carries out its obligations under this
agreememt, as to which m~di~on ~ been unsuccessful, , the City shrdl have the right to
submit the d/spute to arbitration. The arbitrators shall determine whether Otay
~a.sonably i~ canting out its responsibilities. If the a.,'bitralo~ flnd~ that Otay has not
~asonably, the arbiuators ~al] have the authori~ to make such an order as is n~q~
n~:luir~ Otay ~ e~me ham eomplhnc~ with the agreement. If Ota¥ fails W cio m, the City
shall hav~ the right to ~inale t~i_~ agreement. If the a~oitrato= f~d ~hat O~ay has acted
reasonably, the a~reement st~tl ~ ia full force and effect.
Afoitrafion ~ be instituted by the Cit~ notif~g O~ay of its ehoie~ of
afoitrator. Within 15 da~s, Otay ,~,]] nolif~ the Cit~ of its choice of arbiW,~r and the two
arbilxators shall thereafter pick a third arbiir~r. Any de, sion in arbitration must be
supported by a minimum of two votes.
15. Notices. All no~iees ~]~ b~ in writing and shatl be deemed to have
been duly delivered upon pe~onal dellver~ or as of the ~ird business day after rn~illng by
U~ited Sta~ l~r~i~ certified and registered, return receipt request~l, postage prepaid,
addressed as follows:
If to City: City of Chula Vista
Arm: City
276 Fout'~ Av~e
Chula ¥ist~ OA 91910
If to O~ay: Ot~y Wat~' l~stria
2554 $weetwater Sprigs Boulevard
Spri=g Valley, CA 91977
16. ~. This atFeement constitutes the entire ag~:ement
between the parties hraeio peztak~g to the subject matter hereof and all prior
contemporaneous agreements, ~t~ons aad understandings of the panics hereto, oral
or written, a~e hereby superseded and merged herein. No supplement, modification ot
amendment of this agreement shall be binding ualess in writing and exec~_~L~] by the patties
hea'eto.
17. Attorneys' l:e~s. 'La the event any action shall be [nsli'"'"'kuted in
cormecticm with this agreement, the patty prewillng in' such action shall be e~titled to
recover f~om the other party all of its costs of action, includL~g re~onable attorneys' fee~ as
fixed by the arbitrator.
05/01/00 THU 10:21 FAX 619 409 S884 CITY ,'~ANAGERS OFFICE ~013
18. ~Y_I/lib. i~. In u% ~¢~nt t.hat any phrase, clause, sentcncc, par47aph,
section, article or other portion of this atTccmcnt shall becom~ illegal, null or void as agains~
public policy, the rem~J,,~.g portions of this agreement shall not be affc~'t~d thexeby,
provide} that the purpos~ and intent of tho agreem=nt can be reasonably carried out without
the unenforceable or ineffectual portion.
liP. Ai~ii~lJ~iJ.,A.~t. Otay supports the sphere of influence amendment
for the City of Chula Vi.mia which is cu.~emly pending before LAFCO with respect to all
it=ms a~ to which th~m is no disput~ b=tween the County and the City of Chula V'~a,
including, but nol limited to the desiL,~tion of Otay as the preferrud water provid= to the
wesU=n parcel of 0ray ~nch. OUy ~;~! withdraw a~y opposition ~o lmnding proposals for,
and shall no~ oppose future plans for, ~-,exation of u~Titory within the cunt! or future
boundaries of Otay to ~h,' City, including, but not lirnlt=d to, thc annexation of all or any
portion of th= w=smrn ~ of thc Olay Ranch.
20. ~ City rn,y impose a u~lity user f~e in such amount as
City ~termin~s agpropr~,,~ Any such f-- may, at Otay's optlon, be refle=U~d and identified
on 8~ v~__?r bills of custorner~ as a supant= line it=re.
IN ~vrrNHSS Wii/r./i.~OY, th= parti~ have =xecu~ed this alp'eemenZ as of the
~¢ shown b~low.
OTAY WA'i'hK DISTRICI'
Ti~e ~
CITY OF CHULA VISTA
San Diego o '
oLq~...you [~ Box ...................................
THE SAN DIEGO UNION-TRIBUNE · WEDNESDAY. MAY 31. 2000
Director in eye of storm
on 0ta¥ ater board
From left, Otay Water District board members Del Laudner, Fernando Poveda, Mark Watton, Susan Price and
Antonio 'Tony" lnocenteso lnflghtlnq has punctuated recent board meetln~s. Union-Tr~bunz photos
Alegations of conflict of interest,
fraud and drunkenness are traded
flarumatory that tile district's slaff Office. In fact. Wa]ton had accused
By Caltlln Rother iusem,d a disclaimer itl rali'l);~ycl'S' Inocentcs of soliciting money and
STAFF WRITER hills this llIOUill wluming Of "lllaCCU- cousultiilg work from contractors
Illegal burial of dead horses, pub- rate mid misleading" information in wb. Ill} bosim.~s wiib lilt' dislrict.
lic drunkenness, election fraud and the tlier and encouraging customers I"-r cX/lllll}]c, ~,ValloU tohl distrk'l
conflict of interest are not typical to call the district for the "real facts.' alhWl]cy investlgalors lasl Sllriug
fodder for discussion at the nearly How did' all this conflict get start- that Inocentes bad gotten 85.000
two dozen water boards in San Die- ed? from developer lan Gill in April
go Co]rely. "I wasn't doing anything until i998.
But at the Otay Water District, these gqlys slarled attacking me," Inoceutes had called Gill from jail
whose twice-montl~y meetings have luoccntcs said. "l]]cre's an old say- to ask him Ibr $$,000 to post a bail
bond. He had been arrested on shs-
turned into battlegrounds, such ac-
picion iff kiduapping and spousal
cusations have become the norm. lng. 'People who }Jvc in glass houses abuse and ',,.'as being held with bail
Squabbling oftcu starts over puli- shouldn't throw stones.'"
~5' mai]ers, then trims persunal. . set at $50,000. Charges never were
1½.m*d voles fr~.,qtzcutly arv 4-I. Conflict and alle~ations ;' filed.
At the center of the conflict is the At thc time. Gill's finn, Higtfland
Tile district, which has a 831 mil- Partnership Inc., had a $5.2 million
lone dissenter. Antonio '?uny" Ino- lion annual budget, provides water contract with Olay to build a new
centes, who is suspected by col- to m.rc tb;m I(X}.O0(} customers in a(hninistnllion building. Thc district
,u.
leagues of involvement in the publi- tilt, southel-u and cash'ru al-cas O[ also bad awanlcd Gill's finn a 5,.98
cation and mailing of an
unauthorized district newsletter, the county. Mark Wa]ton, who has sac Otay o, p~o[ s-~
Olay Water Drops. Inoccntes denies been on the board since 1983, traces
'~ the conflict to the board's Feb. 16
Inocentes' fellow board members meeting, when Inocentes confront-
are skeptical, however, because the ed him dnring a closed session.
newsletter reflects many of the alle- Inoccntcs had leanmd thai a fel-
l--''
gadons he has publicly leveled at Iow board member had cmnlllitined
them. while depicting him as a ahoul hilll lo lin' l)is{l'icl Atlm'ncy's
watchdog.
Thepublicationhasbccn soin-
· Diego
San
~omg.,, you Logo Box ..................................
TIIE SAN DIEGO UNION-TRIBUNE · WEDNESDAY, MAY 31, 2000
Director in eye of storm
on Ota¥ water board
From left, Otay Water District board members Del Laudner, Fernando Poveda, Mark Watton, Susan Price and
Antonio "Tony" lnocentes, lnflqhtlnq has punctuated recent board meetlnqs. Unlon-Tr'ibune photo~
Allegations of conflict of interest,
fraud and drunkenness are traded
flammatory that the district's sl~df ()ffice. In fact. Watton bad accused
By Caitlln Rother insertcd a disclaimer in ' h p y ' s Inoceutes of so~cffing money ~d
STAFF WRITER bills [his nlolltb w;~ing of "illaCt'tl- consn]ting work from contracto~
~egal bu~ of dead ho~es, pub rate mid misleading" i~o~afion ~ wh. do busiocss wflh Ihe disl~ct.
~c drunkenness, elation ~ud ~d ~e ~er ~d encoum~ng ~stome~ l:.r (.x;nllph'. ~Vallon Iohl dish'ici
con.ct of interest ~e not t~fical toc~edis~ctfor~e"re~facts." allonlcy investigoh)rs lost sln~ng
that lnocentes bad gotten
fodder for dis~ssion at ~e ne~ly How did'all this co.ct get s~-
~o dozen water bo~ds ~ S~ Die ed? from develo~r I~ Gill h ~fil
go Counly, "I wasil't doing anything unlil 1~8.
. Inocenles had called Gill ~om j~
But at file Otay Water District, tl.,s, grays shn~ed attackiug e. to ask h~a for S5,~ to post a b~l
,,'hose ~c~mon~ly m~fiu~ have hmccntcs said. "13~ere's un old say- bond. He had been a~ested on sh~
mined into baffie~ounds, such ac- piciou of kiduappiug and spnus~
cu~tions have become the no~. lng, 'People who five in glass houses abuse ~d was berg held ~ b~l
~luabbfinff often stm~s over poll- shoul~'t ~row stones.'" set at $50,(~. Charges never were
tT matlers, then It]ms l)(~monat. ~. filed.
B.ard w~h's fre(lUcudy utc 4-1. Ce~fli~ a~ all~ati~s At lhe lime. Gill's finn, Higlfl~d
Al the center of ~e co~icl is Ihe
~e district, which has a g31 mil- Pa~ership Inc.. had a $5,2 ~0n
]one dissenter, ~nio ~ony" In~ lion ~nu~ budgeL pro. des water con~act ~ffi Olay to build a new
centes, who is ~s~ted by col- lo nmrc than I(~I,(R~)cuslome~ in administ~-ation builffinE.~e dislfict
finn a
]ea~es of ~volvement ~ ~e pub~- Ibc soolheru alld t,asll'l~l al-cliff (1[ also hod owardcd Gill's ' ''~ fl8
cation and mailing of an
unauthorized dis~ct newsletter, ~e county. Mark Waaon. who has s~r Otav o, pA~
Ota~ Water Drops. lnocentes denies been on the bo~d since 19~. ~aces
iL ~e co.ct to &e bond's Feb. 16
~ocentes' fellow bo~d members meeting, when Inocentes co~ont-
~e skepticS, however, because ~e ed h~ dufin~ o clused session.
newsleUer reflects m~y of ~e alle In~cntes had learned thai il
gafions he has pub~cly leveled at low board member hnd coolplaiued
· em. while depic~g h~ as a aboul him h) Ihe Dislrict
watchdog.
~le publicatiou has been so io- ~ ~ ~ ~
OTAY
CONTINUEDFROMPAG£B-] ..-WaU~n con.rids ~e pubU~on b~ of ~t ~en~s~ ~e ~s
~s.~nd~ ~ ~cr ~U~ ~bJ- ~eles mega-agen~ whole.es
Xrguments during ~s" of ~o men -- ~n ~ ~ to ~e ~ Di~o Co~* W~
~ez, pr~d~t of ~e Omy Wa~r ter ~ofi~. w~ ~en ~ it to
water board meetings
~paye~ A"iance, ~d J~e Bon- 0~.
o en turn from policg ~ who o~s m~o s~ons ~d
o~er m~ ouflem. ~s ~ ~n~ on ~e Met-
iss u est 0 pe rs 0 n a] .,,Wa~n M~es ~e men ~t to w~ W~r ~ bo~.
~ for ~o of ~e ~ee ~ ~ .
' ~ up' for el~on E November ~d t~ ~ ~e ~ for a ho~l
ion con~ for a ~ con~- ~at ~ey sho~d be fo~ W re~ room ~d me~s ~m ~y ~ht
~on g~den fo~ ~s b~ore ~ ~h Tu~ me.lng w~e
~ ~ ~ ~ ~ a ~fi~ co~. ~ ~e ~s ~ m~.
~ a ~ ~t ~ ~a ~ni.a de~ ~ R~- Wa~n con.rids
1~8, ~ ~ co~ of ~ ~d ~d he is not ~oN~ ~ ~e m~ o~ for a sho~ ~e
~oh~g a ~ing o~ o~ ~e n~le~r. He ~owl~g~, ~d
~ by ~s ~e. Ester. ~ howler, ~ he is co~d~ ~- m~t ~ cSen~ of ~ ~fi~ con-
cents ~do~ ~ ho~ of co~ ~ for ~e bo~. ~ co~d s~ bu~.
m~W ~ ~d ~ co~l~ not be ~ach~ for comm~L ~ ~ elMm. ~n~s
~ ~ger manag~t ~d co~
~lufion ~ ~ of ~ probation, ~e ~ on ~o~
w~ch is w end ~ mon~, ~d ~s ~ ~e coUrt.on a ~e Feb. he ~ht ~e
a~m~, C~os R-~ 16 m~, bo~ mm~ F~- but o~ ~ ~ m~ He
' W~n md he con~ ~e D~ do Pov~a ~ ~ ~e d~ ~d he n~s W .~o-d ~e m~t-
~ ~m~s ~ b~u~ he ~e pubic ~ffion of ~e m~
~ ~ ~ u~ ~n~ had ow~ ~e ~s~a ~ ~u~ ~s consfimenm d~
~i~u~ce ~ a ~ m~b~ W $216 for mo~ ~ a y~. ~ a mo~ ac~ d~on of
g~'~e b~ mon~. W~n no~ ~e debk ~ when he w~ g~ on ~ Wa~n ~d~.
~t ~en~ ~ ~ W ~a ~e brought ~ me~ ~o~ on
~on on ~e ~.n~ ~ ~ bu~e~, he~ ~e ~s~
~ fo~ ~ m~ ~ r~ e~ a ~ld~ H~ ~ ~s ~ for out~f~ co~nc~.
-- ~ m ~e ann,~, y~ ~m ~e ~ ~ Co~ ~e bo~ ~op~ it at a m~
~ w~ G~ ~d he ~d not f~l T~e~ ~om ~m ~ ~ ~ ab~nL
~ ~ ~ ~ ~e ' ~en~ ~d ~e n~ent ~entes ~d ~at when he
mon~ ~d ~d~ R a 1o~ ~ ~ ~ ov~hL He ~ ~ ~ b~ up con~s a~ut o~
~d be ~i ~n~ ~ ~ ~d ~e ds~ b~ m~be~' a~fi~, ~s co~
~wo~a~m~flmntfor~ ~ ~on, Pov~ no~ ~ m~o~ork~tout
~d p~h~, bm ~ ~b~ ov~ ~el ~d o~ ~ ~- of ~e bo~'s offi~ ~u~. Wat-
· ~efe]t~ad~co~ ~s for fi~ I~ ~ wn~d~en~-~p~W~
~, ~d ~ ~t it w~d ~ $1~,~, w~ ~ ~n~ W ~ emb~ ~s coB~ at
~op~m," G~ ~& ' ~e a~ m~, ~d ~ is no ~n to
~mey ~mn ~d ~ met ~n~' co~ ~ ~ ~ ~ ~ co~
~mem~of~eDi~r- of ch~ up ~ ~d ~eb~'s~5pubhcm~t-
~s Offi~ W ~ W c]~ up ~e s~ of ~e ~ ~a ~ ~, for ~ple, ~n~ bm~ht :
~r. ~ M~ ~n~ ~en& ~s show he ~t ~ ov~ up ~e ~s ~ con~
~ 1~ ~ smt~t ~ ~e ~ ~e mon~ of ~ fi~
~m ~e b~ mon~ ~ a lo~ W ~ y~, mo~ ~ ~ o~ b~ ~ ~e ~on m~ ~-
~d ov~ fo~ y~ a 9.5 ~ent m~ber. Wr Sv~n ~.
~resL ~s 1~ fo~ ~ a ~n~ def~ds ~h ~n~ ~n~ ~d ~ r~
~ ~, ~ ~ ~e Io~ ~ n~. feb do~ ~ ~ a Mon~
"~. ~ ~ co~ ~ ~ ~nt ~ ~ fo~ of ~h~ub ~ 1~8 ~e ~e.dlnE a
~b~tof~~ehw:.. ~s'bo~coB~d~e s~de ~ co~c~ ~e
~ ~ ~ no ~ ~d ~ Gffi ~s ~el ~ n~s W be ~ ~o~d be con~ a~ut
,'~:ive ~y ~ for ~ 0o~), ~ b:u~ ~' ~-. i~ ~W, ~ ~& b:u~
~ ~ no ~ ~ ~e ~y ~ ~ we~ out of mnmoL ~ ~ ~ 1~ ~s~a ~loy-
fioi ... ior ~t ~ ~ ~ ~d~ ~el ~ o~ corn
~om ~at ~ ~ G~' f~n~ ~ we~ ~ m~ ~d ~
-cBut W~n is not ~, ~d ~ co~ for a~dlng 1~ m~- ~' ~N~t ~ ~y Wat~
~ ~e be~ ~o~ 'd~'t ~ ~ bo~ m~ ~ a ~s is ~ ~ ~e ~ ~e
~ i~ It ~a ~ it ~b~c." s~nd of $145 for ~ ~- ~t ~e ~ud~ a d~fion of
.~A ~a a~mWs ~k~o~ ~ ~t ~ .-~& ~ m 10 a ~ ~ ~ ~e ~h~b md
wo~d not comet on ~e ~- mon~. dmil~ of
., W~n ~ ~e ~a sh0~d ~om
. '~er ~ men& W~n co~ not ~e m ~ for ~n~ W ~r
p~ to ~e s~ F~ PoBfi~ a~d Me~B~ W~ Dh~ ~e Fe: S~ T~. ~e h~e
~ ~on a~ut ~y m~ ~ ~s ~, for ~
W~ ~ - pie, b~u~ ~ ~ not a m~ ~ a~oWl~ ~ too
m~ ~ ~ ~ ~t .~d fining
'several ti~es. She said she entered 'Director Fernando Poveda Ac-
an alcohol trealxnent program soon cused of Double Fraud by Citizen's
afterward. Group? read another headline.
Price said that since the confer- That storyrepo~todthethrust of a
ence's' meetings were over for the claim ~led with the state attorney
da3r, she considered herself to be on general by Rodrlguez, the president
her own tJm~ of the Otsy WaIer Ratepayers Anl-
ance, who cl~med Poveda lived out-
~ ~t~ side the district when he ran for his
2he Otay Water Drops masthead seat.
says it is published by Ol' Tanes Poveda said he did live within the
Neighborhood Communications, a dis~ct and noted that the attorney
fldi~ous business name registered general rejected Rodriguez's claim.
to an Emrr~nuel Sotelo. The post Rodriguez's altomey in the matter
office box on the newsletter also is was Henry Barbosa. a Metropolitan
in Sotelo's name, according to postal Water District board member from
officials, who disclosed a National ~ the Los Angeles area. Watton said
City street address for Sotelo. Barbosa wants Watton off that
Au 18-year-old Emmanuel Sotelo ' board.
does live at the addresa- The Sweet- Povecla also is accused in the
water lt2gh School senior dec, ned I Otay Water Drops story of char~ug
to comment and referred a reporter i the district the dany $145 stipend for
to Robert Casas, who said he writes ~ a meeting in January at Southwest-
and edits the publication. :' i em College that he never attended.
C~. 21, said he is a student, but ~ Poveda says he was there.
declined to say where. He said he Del Landner, anothermember of
only knows inocentes and Rodrl- the Otsy board, says he has felt'
guez from interviewing them, and lnocentes' 'backbi~' as well.
doesn't know Bonilln He said it At the March i meeting, Ino-
costs ~ 000 a month to publish and centes cra'led for an investigation in-
mail the monthly newsletler, which, to what he described as an illegal
he said, is funded by him and five ' burial of two dead horses on land
friends. He declined to name the where the golf course is beingbuilt.
others involved. Laudner. who says Inoeentes ac-
'We all work, and we an raise cused him of the misdeed, was the
money,' he said. district's paid operations
when the two horses were buried.
~Yeah. r~ght," was Watton's re- 'We have a permit for doing what
sponse. ~2m~s ridienlous .... Clear- we did dowu there," Ia-dner said.
hr it's gerrh~ funding somewhere. '~I'hat's 20-some years ago. That can
And the ouly one who would have oni~ divide the board."
the funding and the interest is Jaime
So far. three Otsy directors have
been criticized in the newsletter,
while Inocentes has been painted as
a conscientious public serwnt,
'Water Dis~'ict to Loan Public
Money to Golf Course Developer.
Director's Ties to Developer Ques-
tioned? read one he~d];ue. It para!-
leled Inocentes' allegation that Wat-
ton has had an improper
relationship with developer Mark
Strode, who is leasing district land
to build a golf course.
Sirode's wi~e, Jan, temporarily
served as treasurer for Watton's
failed state Se~tp campaign, but
~ratton denie~ having any conflict of
interest. Watton says he worked
with Mark Strode to develop a golf
driving range when 'vVatton worked
for Fenton
WaRon said a consultant picked ~-~
Strode's firm to develop the golf
course bec~se his was the only
firm that did not ask the district to
pay upfi-ont cost~ A recent district
loan of S~7,000 to pay for some
unforeseen project costs was not out
of line with previous deals with
other bo,~ders, he said. ~7 ~ ~
Otay Water
Drops
'~he ~%'eu,~letter That'~ Never D~
D rector Fernando PovedaAccused
of Double Fraud by Citizens Group[
retest:
Orny Water D~:tor Fernondo ~ove~{a. On fha s~d
~ud ~=s Leveled at Div~ion 4. was a=used by ~e Oray Wa- charge. Ro&i~ez aD
Director ~ernando Poved~ ret Ratepayers .~ance, a c/~ens ~oup. cu~ed Poveda of el~-
o[ election and documentation fi-aucl ar mg and he~g paid for
~x-Oirecror Ask~ for ~nc IbeX' re.ur heal'il mee~n~ hehl Ap~l .5. at~en~g the ~mmu-
Item for ~t~anagement 2000 i~ Sp~ng VaH~'. ~e ~'oup a~u~a,t ~ti' atk~e~ of Can-
District Ge~ New G~ Db'~tor Povodz of not h~'~g in Div~wn 4 ~'e~man ~b
un~[ October 19~ . ten month~ a~or he on ut
Where tc C:nmc: ~r:pay- Sourhwosmrn Colh,~e. OWRA da~ Per-
ella was a no-show, Dismcr r~ortl~ dhow
Your Ri~t ~ Know The vixens ~OUl) O~A also a~u~ed Poveda waa paid ~145 for attending.
Director~ Refuse rD Include febru~' 2000 for h~ -Janus' expanses. Povetkt r~:eivin~ a S3000 interest
~am~c~esin Orttg PoJi~ poveda rafted ~o respond any of the co~pumr lu~n..~s ll~ler O~p~
chnrge~ leveled at h~. Itt, attempted rD m it% ~sr ~sue D~tor~ poved~. Suaan
look ~s~rere*~ed in the pub~c's corn- P~ee and Mark W~rron have received la-
ments lookffng down and sh~n~ :eres[ t]'~m ~ans ~m the t~irict Foveda
rhrou~papers, and P~ce have a~eptet[ S:L~00 laptop
On th~ ~; kaud ehat~e Ruben
~uez. ~es~d~nt of O~A. p~viaed w~;- Mrhou~ Poveda fail,ti to respond. P~i-
ten notice m D~tor Pm'eda that the dent Suean P,4ce defended Em'eda and
Inside this issue: ~oup intent~ to ~e a cnmpl~nr with the arden mffth the ~*ns ~up.
Slate Armmay Ganera~ Offic~ unles~ he
rusi~od ~ 7g hom~. Copies of the lef:er Press Time Extra- Poreda zen'ed with
N~ G,~l ~0b ~o 2 were ~o presented to I)o~d ~aaiden~ Quo Wa~anro action for election [~aud by
Ar,~ Susan Price and tho di~et'~ attorney. O%~.A.. State Attorney General% O~ce.
now ~volced. More in our next issue!
Ra~p~er~ ~tob'p Fo~ 2 .................
~,o,~ "~r:- ~ Retired Olay Director Argues With President Susan
~,,..r~,,~=~o~" Prlce...Charges Mismanagement and Malfe~ance!
gc Rcmb~on Ret~ed Dray Water ~or E~ene Ha. then quesnoned thc bo~% e~vene~s
&m (1581-199~) appeared[ he.re t4e because the s~nd ~.neral manager
Woter~mc~drorr, 3 OLay Bmod on Apffi 5. and ch~ed the [1 montha res~ued ~uddenly in Peb~-
m~eas~ce {ting public commcn:~. .~rs $2(~).0~l Haden ~u~e~terl n new
Drunk~nPu~i~... Haden a ~p~ l-~ey r~ld~nr corn- management. Bo;=tl ~esi~nt Su~an:
b~ hall .htmpad 300% in 12 month~, ~e yore a~ a t~ecl.r a~owed ~he sav,,rance.
[~002
New OtayWater GM Bob GriegoArrives
Former County Oeputy CAO Returns to San Diego[
Bonita re.~ident. Bob Grlego. 5S, ha~ taken over the helm Sweem'oter Union t'li~h School Di.~ziet. the .~econd lar~- ':
of the Otay Water Dist~ct ~ of.Ap:il 10. Griego l~- c~thighschooldi~trictiu thestate. First electedln 1993,',
comes the third ~eneral maz:a~r at the wnter di~t~5,ct im he ts serving hi~ ~ec~nd 4 year te~m on STJ~SD baa. rtl.
13 month:, Griego comes to Ot~' after recently serving ~ term o£ office expires later tki~ vemz, IValcr Dro.Os;
as c~ty manager for B'~Sndale ia Lo~ .~'g, eles County h,~s l~=~ea d~t Otay Water Board' President.
siuc~ 1997. Prior to ~erving as ci~ maaag, e: to 7_r~n. Price. is abeady said to be pre~stu-iug Griego not to sc~k
dale, ~tiego was th~ number rove man in $~n Di~o a tk~d term.
CouoIT ,-ovcrnment were he ae~wecl as DepuLv Chief,id- :
Otav Water Ls Gzle_~o's/trst job at a water di~-
r~i~i~txative Officer. ~ wick. He has a rel~utatlon of being., a strong:
Grieve l~ft Ir~-indule's 1.100 re~iden~S ~ith ~ $4 ~ ~ mlmlni~tzat~r. The Otay board L~ follo~i~..
.,,Il,on su:'p?~.. YVhen he came to thc Iz-winaale i= ......Jg~_ ~,~,, ~ cu~cnt ~e.d il~ water of hir~ ci~- m:tua~.er
c~ had ~,~mmu~g w~y to M! .~c- ~ ~oni ho=d. ~ee of ~r't member~ are
les. T~n~ the ~125.000 Otay position ~ pro- - ~ff~ eleven ~ Nowmbet and one of them.
~t~e ~i~ the ~p~t~Cy to ~ ~oRer to ~ fa~' ~ ~ ~1 n~clo Pove~h. L~ now 5~g s~o~
nad t~e so~t~ bay eommu~ty. Oz~ego ~ ~o an ~ ~
ele~ed memb~ uf :he ~o~ o~ ~'~tees ~er
Group Formed To Represent Ratepayers Interest
About a ,vcnz ago ;3oe Palaaos. a ~rudenc at $outhwe.-t- workia~ rela~p betw~n Q~e board memb~
ern Co~e~ was ~nT ~ough the mternel when he ~came ~n~ne~ on ~ow tho r~i~ wa~ being m~-
fv~d ~he (~ay Water ~s~c[ website He began fe~ow, a~e&' Ro~uez
i~g t~e bo~l ~cndas an~ acfio~ t~h the pub-
~he~t miuute~ at the site. ~niuF By Janua~- 2000 the two had deride(1 to form the Otay
: Lhe water ~s~ct's testes ex~,a,a ~rater Ratepnye~ .~anc~ (0~.~. ~e
: $100 ~,illion pe~ed ~ mt~e~t even .~ance now Ms about 30 members ~d
mere. ~. gor~ez haf been elected pre~i-
dent and P~ndos ~ president. In,erected
Joe b~ shag ld~ End.s ~ ratepay~ can contact them for mo~e i~o:-:
~n(~ and n~i~hbors. _~ old ~end ma~on a~ (619) 904-25~ ar by e-ma~
Bubea~ Ro~ez ~o ~l~ted foBow- ot~y_ratepayer~:yahomcom. They say
~ the bo~tI'~ acdo~. "l saw a poor a web=ire co,rig soon!
OtayWater Drops Subscribe
Yo~ have eit~ ~a~ve& o= ~e= Wen t~ camp~e=- N~Fhbo~he~r[ Co~m~cstio~ a~ ~. O. ~ox 191
[ ·
[~? e~tion of Otay [ ~t~r ~rop$ ~eu~[~l. ~ V~t=. CA 91~1~. ~[e~se i~c~te ~ you p~e= to ~ec~e
l~r. 1~ D~p~ ~ pub~he~ mont~y, yo~ ~on[~F ~[~fio= bT U. S. ~ o~ e-m~. To ~eeeiva
You c~ ~t~t ~ving [~ p=b~o~~ by e-ma~ p[aa~e in'cam the
bT m~ o~ e-m~ mon~T, Sub~ipdo~ ~Ya ~e ~ou ro ~enc[ ~ }'~[~ comme~t~, alq)lauae, or
rajas ~e ~ a~u~y an& ~20 ~or ~ c~s~ [o the e~ter at o~ P.O. Bo~ above or ~t ',
mcnt~.
To order to4ay ~cnd chcc~ or moz~y orcl~ s,e~beToay rotor. Robert Ca~a~. C~c~afiun 5[a~er
(no cn~h ple~a) !myable ro Of
-25
VOLUME I. iSSUE ~[ OT^¥ WAT~, DROPS "TH[ NEW$LiTTEE THAT'S NEVER
Public Awareness...The Right To Know
Water Drop~ ~ mae to be became we ~1 wat~' is the ~c ~ ~me~at* ~er?
worl~ m~t ~e~o~ rezo=e. For ~e mos~ 1)~'~
paye~s ~e ~m~w~e of ~ ac~o~ We elated o~ of O~' pre,er pub~t~n provided rat~aye~
~ Otay Warn: ~t t~ at le~t m~ce a month, ma~on on d~ions they Mve made. Bo~d ~inute~
Howeve:. ~ ~o~ ~ey ~e m~g have a ~t pub~hed o~ ~h~ at--et web,ire
impa:t on o~ most b~ ~y neecb. Even more. the _M pubEcb' eloped offi~ th~
fu~e nee~ of o~ fa~es, fi~en(L~, and e~nomy. Safe the pubic has ~he ~hc to ~ow them!
and affordable wa~er ~ p~ounr m o~ ~e~rh and ~. lnrer~* ~ee loen~ for the p~e of
~]b~r Dmps has ~ed :ha~ fo~ of ~he five ()ray Wa, lo~ ~o ~[~[-up ~o~ ~e
tee ~rors have t~en c~pfion ~o o~ pub~. the ~ of ~aud~e~t
Wa:tomCa~on' ~on Sus~S. Fer~ndoP~' ~iOnpove~. ~,%ion2' M~k ~~ ~. ~,.~ mont. ,nd ~he pubic ~e~e~s of o~
' ~ representatives.
imme~ately ~vesfi~ate owners~p of l~'hter ~a~ ~ the reason for TO= pubhc mee~
Drops du~ the~ .~z~ 5. board mee~. _~e~ me held ar 1:30 p.m..
lear~ we ~o le~ma~e ~toff ca,ed tho pos~ work? ~ni~.g pubic p~padou?
the h~' to ~ve~t~ate ~? ~ an ~rmed pub- II bter Drops can help ~e pub~ aw~ene~
Board Actions Against Board klember Appear To Be Retribution
()tnt Watc~: D/zector, Ton}- Luocentes Division 1 voted Inocentc-~ n'a~ not at the Apr~i 3 meetin~ and wa~ actu-
a~[ 3 SG00,000 mnimumon loan to n goH co~se de. ~y on the road to rep~sent San Dido at the annual
velop~, ~ ~r~& the pubic ~os~c of ~ie~t [,~ board meetmg of the [r~ban Wat~ I~dmte in Venr~a.
loans t~en by 3 ~r~ to p~cha~e per~on~ com. when sud(le~y he r~eived a ~ ~om the rE~th~'~
pu~a~. He ciao upset rh~ bmod membe~ when he ~mr- rer~- ~a~ the bonr~l had juzt ~xm~Hed ~ room
viewed ~Sth I~ter Dm~z for nut pxe~er ~sue. em'adorn ~d ro ret~n xo San Di~go..Mnorher
canceled w~ ~ atten~nce at the l[e~opoEmn Water
Al the Apffi 5 bo~d meed~ a now ~tm' navel ~e~- Di~rAcr's $~) mont~y bo~d ~d mm~rtee meet-
b~cmen; poE~- wa~ p~sed. ~e new poB~- req~'~ ~s ~ L.X I.B~ Lq rh~ thio whote~ex o~ water to
bo~d appr~ of ~ om of couuty ~avel..~ ~to~ Diego. Clear message to Inocen~es...
~cv~ ~ub~tled at the .~p~ 5 an~ 19 mee~2 was ap.
proved e=~t for Inoc~mes'. ~e ~tl voted ng~[ :~ "Don't Be A %~is~e Blowerl"
~ ~.avel at both mee~s.
Ota)' Water District
Address, Phones & E-mails
2554 Sweerwuter Sl)r£r~,~ 1~1.. Spld.~g X'alley, 91977 Board 5Iem~r~
Phone (619) G70.2222 Fax (619) 6604)829 Div 1 Tony Ino~m~
G~i. Bob C~o r~e~o~ota)~'ater.~ov ~v 2 Suunn Pace
Attorney. Tom ~a~on rh~zo~[ay war~.~ov Div 3 ~I~k Watton mwarto~ora}m'ar~.gov
Pt:mo~el. Cmrman _M~'ar~ gMvarcz~otasm'ater.gov ~x, 4 Fernando Fovoda fpovoda~ota3m'ater,gov
~e borax[ moer~ evory Ist & 3rd [~%~. 1:30 p.m. Diva D-I Laut~er lle~aut~e~hormafl.tmm
~oo4
~A~
)[anfla Gardens Restaueaut
1660 Broadway
Chula 'Vista, CA 91911
(619) ~5-9327
Director Susan Price Drunk in Public....
"Director Price Was So Drunk She Fell Six Times"
t)tay ~S'a:e: Distric~ Beard Prc~i. bring forth a than_ge to lhe po~cT ~d ~'ec[or ~'i~e had been ~k~..
~nt S~nn P~ce. D/x~o~ 2 fe~ ~ ,~h~r became he h~d h~ard ~,~c- ~ff s~ght Bombay Sapp~e Gin.
~es b~ause of ~e~e~ w~e tot ~ce had t~dergono
m a ~ghc dub ~ ~.Ion/~'eT in 1998, "However. he s~d. ~tor ~ ~ D~to~ ~ark Warren accused De-.
P~ wa~ m Mon~ey ~ thc dine e~u~ ~ alcohol co~umpdon rector ~vc~ntes of be~ person~..
attend~-~ the ~ual ~nvention of agar," ~e smd. "If we have a poi- lnoe~n:,~ ~dd he w~ o~y ~g To
the .~so~adon of Ca.orca Wat~ i~' ir ~ protect the ~s~ict ~om pro~ect the t~Tr~t. Inocente~
'.%~ndes ~4CWA). ha~i~ to defend a c~'ecror that gei~ D~to~ P~ ff she de.ed thc
rote ~oubla and hu~ ~okcn the poi- dent. Dh'~tor Warren in~t~ucted~
Orey Dk~ct~ Tony Ino~nt~ re- icy.- D~tor P~ not to a~'~r.
quested a review a~d ~hren~ of ton then reopened re en~l the
the ,~'s ~ and ~cohol po~w ~o~=t~ s~d w~e ~ Monroey in cushion anti it parsec[ 4-1 with ~o-
at the~ .~ 19 board m~t~. May 1998 ~e pa~ona~y had [o pi~ ecnres vo~ng no,
~e ~tai~ has a ~ and ~hol up D~e~or Susan ~ee :~c~
poh~T ~h~t doe~ nor ~udc thc pub. Mter ~e fe~ on the c~ance floor and .~'nrd~, ~ocentes toltl l.I~t~r:
~dy al~ed ~ectoz;. ~o~n-.,.,~ co~d not ~et u!, her~.~ up. Drops "lt'~ ~:.~tl my fe~ow
res ~d '~erc's ~ h~ porch. '~~]1 ~ ~ocentes fold ll?~ler Drops members feel p~r,'~ti~ themselves
~i~ habit>' the ~ict ~,1 he pidced Pfic~ up nft~2 she :~ above pr~tect~g the ~r~et and
raet~ sho~d a ~tor have had ak~a,A- ~=n r~n~ more~porr;mslythelmbh=."
;dcohol in IbeX' ~y~rem w~e ~~ ~ Nff~l'o and hm' date )raT ,~roctors ~e st~ ~o~d re
on ,hstrict busings.' ~~ Bruce ~e. a former ron~ume ~cohul w~. on
MWD c~=etor, would no businesS. ~e Hab~ry zSsk rondn-
Inorent.s ~,~d he ~Hd not Ion=~r pick her up. ge
~ Prudential
California Realty
Golden Fleece
'honors' are handed
Iout to agencies
By Caitlin Rother
STAFF WRITER
May 19, 2000
A government watchdog group last night
called the $431 million Mission Valley East
trolley extension project a key example of
wasteful public spending.
In 1987, voters agreed to spend $150 million
on the trolley project, which will extend
service six miles from Qualcomm Stadium to
La Mesa via San Diego State University. But
the project's cost has nearly tripled since
then and is still esCalating. .; :'
"The committee felt that (the sharp increase
in cost}, even if you count inflation, is an
extraordinary amount of taxpayers' dollars,"
said Scott Barnett, executive director of the
San Diego County Taxpayers Association,
which has handed out Golden Fleece awards
for the past five years.
Gonzalo Lopez, a spokesman for the
Metropolitan Transit Development Board,
said he did not think the criticism of his
agency was fair.
"We have been rated the top project in the
county by the federal government," he said.
'~Nhen we started this project, we didn't
know much about it .... Now we have plans
and we have more realistic costs."
Yes, it is that time of year again, when the
Taxpayers Association accuses some
govemment agencies of fleecing taxpayers
and praises groups and individuals for being
watchdogs.
The association culled winners from more
than 100 nominations from the public, more
than ever before. Many of the groups
awarded the dubious distinctions said the
taxpayers group did not get its facts quite
right.
Barnett said his group follows up on the
nominations to verify the information.
"It doesn't mean we can't make a mistake,"
he said. '~Ne believe the nominations are
accurate and correct."
The association handed out the "honors" last
night at a $100-a-plate banquet sponsored by
SeaWorld.
Another Golden Fleece award went to the
county for its proposed ban on automated
teller machine fees, a move the association
described as "ill-conceived and
unconstitutional meddling in the private
sector,"
The idea was proposed by Supervisor Pam
Slater and was never formally adopted by the
board.
"We saw the issue as a consumer protection
_. issue and our primary target were banks that
double-charged," said John Well, Slater's
chief of staff.
Another Golden Fleece went to the San Diego
Association of Governments for initiating '~yet
another airport study," costing taxpayers
$375,000, to join "the two dozen previous
studies gathering dust."
SANDAG officials did not return calls seeking
The Otay Water District won for it~board of'
directors' spending $100,000 over 12 month~
.on. travel and stipends paid to board members
for attending meetings.
The taxpayers group initially criticized the
district forexcessive spending on* board
members' travel to out-of-town conferences.
The association, however; modified, its~
~escription after The San. Diego
Union-Tribune found that th~ district:spent
$104,000 on board expenses in-flscai,t999~~ a
figure that covered travel, but also stipends,-
I f~r attending Iocal. meetings and ~~
ho e ma~hln~s-a~nd~inteme· d
I .__e~ J~ta_l !__S e _rv~l c e ..
An examination of board .spending at two
comparable water districts, chosen
randomly, found the Helix district spent
slightly more during the same fiscal year.
Padre Dam Municipal Water District, on the
other hand, spent substantially less on board
travel and expenses.
The Oceanside Police Department won a
Golden Fleece for paying a therapist $3,600
to help department employees deal with the
stress of moving into a new building.
Although the association criticized the
department for mandating the therapy, Police
Chief Mike Poehlman said employees were
not required to attend. He defended the
therapy this week as "the right thing to do."
The city of San Diego was a finalist for four
Golden Fleece awards and ended up with
two. One was for having no plan to deal with
more than $100 million in deferred
maintenance on city buildings.
The other was for "systemic, grOss
mismanagement and lax oversight" in the
Water Department for failing to bill large
water users, the latest in a series of
problems the association said has cost
ratepayers millions.
Water Department Director Larry Gardner
said only eight accounts were not billed,
which resulted in delayed payment of
$449,000, less than I percent of the $3.7
billion the city collected in water revenues.
Padres ballpark critic Bruce Henderson, a
former San Diego city councilman, won a
Golden Fleece for filing what the association
said were eight lawsuits against the ballpark,
delaying the voter-approved project.
Henderson said he filed only five
ballpark-related suits, but was hoping for a
free dinner and a plaque anyway.
"The truth is this: If you file these actions and
you ultimately win, you're a hero," he said. "If
you file these actions on behalf of your
clients and you ultimately lose, you're vilified
and pilloried. The final word on these
lawsuits hasn't been spoken yet."
Other Golden Fleece awards went to the city
of Escondido for a "bogus fluoridation study"
conducted by a known opponent of the
practice; to Caltrans for restriping state
Route t63, then immediately removing the
stripes after traffic congestion dramatically
increased; and to the state Legislature and
Gov. Gray Davis for requiring overtime pay for
workers who work more than eight hours in a
day.
"Profiles in Courage" watchdog awards went
to Rosemary Jones, Oceanside's treasurer,
for helping prevent involvement in a
fraudulent investment, and to Dennis Bouey,
executive director for the Port of San Diego,
for his "innovative airport plan."
Mark Matthews of Channel 10 News won the
media watchdog award for his story on the
San Diego Water Department.
The county received watchdog awards for its
information technology outsourcing contract
and for consolidating districts to save
taxpayers $45,000 to $75,000 since February.
The city of San Diego was honored for
entering an exclusive agreement with
Pepsico Inc. that will generate $6 million to
$12 million annually for the city.
Copyright 2000 Union-Tribune Publishing Co.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2001
BUDGET APPROPRIATING $25,000 FROM THE GENERAL
FUND AVAILABLE FUND BALANCE TO COVER THE
CITY'S FIFTY PERCENT SHARE OF THE COST OF AN
OPERATIONS AND FINANCIAL AUDIT OF OTAY WATER
DISTRICT
WHEREAS, at the June 6, 2000 meeting, Mayor Pro Tempore
John Moot raised concerns in a report regarding management
decisions with respect to Otay Water District's water rates as well
as disappointment with the conduct of Otay Water District Board
members; and
WHEREAS, Council authorized the City Manager to seek a
qualified, unbiased firm to perform an Operations and Financial
Audit of Otay Water District; and
WHEREAS, the firm of Malcolm Pirnie, Inc. has been
retained to perform this audit for a total cost of $50,000; and
WHEREAS, Otay Water District has agreed to split the cost
of the audit with the City and the resulting cost to each agency
for the Operations and Financial Audit is $25,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the fiscal year 2001 budget
appropriating $25,000 from the General Fund available fund balance
to cover the City's fifty percent share of the cost of an
Operations and Financial Audit of Otay Water District.
Presented by Approved as to form by
[H:\HOME~ATTORNEY\RESO\otay water audit appropriation (September 27, 2000 (12:57pm)]
COUNCIL AGENDA STATEMENT
Item ~-~
Meeting Date 10/3/00
ITEM TITLE: Resolution Approving a $10,060 combination monetary
and in-kind service donation to the San Diego County Hispanic
Chamber of Commerce in support of their second annual "Viva el
Mariachi!" Festival
SUBMITTED BY: City Manager ~J~ ~ (4/5ths Vote: Yes No x)
BACKGROUND:
In September 1999, the San Diego County Hispanic Chamber of Commerce hosted the
First Annual "Viva el Mariachi!" Festival at the Starlight Bowl in Balboa Park. Because
the last event was such a huge success, and they are expecting a record number of
attendees this year, the San Diego County Hispanic Chamber arranged to hold the
second annual Mariachi festival at the Coors Amphitheatre On October 8, 2000.
RECOMMENDATION: That Council approve the expenditure of a total of $10,060 in
a combination monetary and in-kind donation of police services covered within the
current adopted budget.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
With attendance anticipated to be much larger than last year, the Hispanic Chamber is
hopeful to be able to fund more literacy scholarships, member services and community
efforts, including the mariachi programs in eleven South Bay area schools.
The Hispanic Chamber of Commerce is actively seeking financial assistance in an
effort to afford a production of this magnitude. Many private and corporate donors, as
well as the City of San Diego, have already made contributions. However, the Chamber
still needs help with funds for the following: Police Services including traffic, parking lot
lights and traffic equipment, medical expenses such as EMTs, fire department, and
parking attendants.
FISCAL IMPACT: Funds ara available in the current adopted budget to cover the total
donation request of $10,060, which includes Chula Vista Police services.
5-/
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A $10,060 COMBINATION
MONETARY AND IN-KIND SERVICE DONATION TO THE
SAN DIEGO COUNTY HISPANIC CHAMBER OF COMMERCE
IN SUPPORT OF THEIR SECOND ANNUAL "VIVA EL
MARIACHI!" FESTIVAL
WHEREAS, in September 1999, the San Diego County Hispanic
Chamber of Commerce hosted the First Annual "Viva el Mariachi!"
Festival at the Starlight Bowl in Balboa Park; and
WHEREAS, because the last event was such a huge success,
and they are expecting a record number of attendees this year, the
San Diego County Hispanic Chamber arranged to hold the second
annual Mariachi festival at the Coors Amphitheatre On October 8,
2000; and
WHEREAS, the Hispanic Chamber of Commerce is actively
seeking financial assistance in an effort to afford a production of
this magnitude and many private and corporate donors, as well as
the City of San Diego, have already made contributions; and
WHEREAS, however, the Chamber still needs help with funds
for the following: Police Services including traffic, parking lot
lights and traffic equipment, medical expenses such as EMTs, fire
department, and parking attendants.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a $10,060 combination
monetary and in-kind service donation to the San Diego County
Hispanic Chamber of Commerce in support of their second annual
"Viva el Mariachi!" Festival.
Presented by Approved as to form by
David D. Rowlands, Jr. ~o~l~n M. Kaheny
City Manager City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/3/00
ITEM TITLE: Ordinance Amending Ordinance 2579, relating to an
interim Pre-SR125 Development Impact Fee to pay for transportation
facilities in the City's eastern area to pay for costs associated with
advancing the construction of SR-125 (First Reading)
SUBMITTED BY: Director Sf Public Works {~
REVIEWED BY: City Manager ~ ~ro (4/5ths Vote: No x )
Chula Vista created an Interim Pre-SR125 Development Impact Fee in November 1993 to
provide a funding source to construct an interim roadway facility should SR-125 be delayed
significantly. This was necessary in order to provide traffic capacity for future growth.
RECOMMENDATION: That Council place ordinance on first reading which will allow the
Interim Pre-SR-125 DIF to be used to study the acquisition of the CTV franchise and purchase
right-of-way.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
Since the initial Transportation Development Impact Fee (TDIF) created in 1988, an Interim SR-
125 facility has been included in the program. The TDIF program worked well in providing
major arterial highways in Chula Vista ahead of their need. Streets constructed included: East
"H" Street, Otay Lakes Road between Bonita Road and Hunte Parkway on Eastlake, Telegraph
Canyon Road, Olympic Parkway (under construction) and two freeway interchanges.
Most of the above facilities were not financed directly by the DIF fund because the roads were
needed prior to adequate funds being collected. Instead, developers installed the major facilities
as a subdivision condition, and were given credits for TDIF fees based on the cost of the
facilities that they constructed (i.e., If a developer spent $1 million on a facility and the fee was
$4,000 per EDU [equivalent dwelling unit] the number of dwelling units the developer could
build without paying TDIF fees would be $1,000,000/$4,000 = 250 EDUs.)
This process constructed several City streets but staff was concerned that since most developers
received credit rather than pay fees, that adequate funds would not be collected to build the
Interim SR-125 project in time of need.
The City retained the consulting firm of HNTB in 1994 to develop a separate fee to insure that an
Interim SR-125 could be built, providing more traffic capacity on the street system which in turn
would allow more development. Interim SR-125 and a few other TD]F streets as appropriate
were removed from the TDIF program and included in the new Interim Pre-SR-125 DIF. That
fee was set at $820 per EDU and has accumulated approximately $6 million.
Page 2, Item
Meeting Date 10/3/00
One partial paragraph in the staff report accompanying Ordinance 2579 (interim pm-SR-125
DIF) should be noted:
"An additional potential program change might be financial participation in the
toll road. Since any of the programs contemplated, including the toll road
participation, would be aimed at providing additional capacity in the circulation
system, staff does not believe this is a departure from the intent of the adopted
program."
The above paragraph contemplated a possible future use, with Council approval, of the program
to assist in providing for SR-125. Without a change to the ordinance, it's the City's Attorney's
opinion that the Interim Pre-SR-125 DIF fund could not be used to aide in getting SR-125 built.
The proposed ordinance will provide for that use.
Status of SR- 125
SR-125 has received the "Record of Decision" from the Federal Highway Administration
(FHWA). The next step is to obtain the 404 (Wetlands) permit from the Army Corps of
Engineers. This process is proceeding but not yet approved. Other actions required by the City
Council to follow in the next week or two are approval of: 1) the Freeway Agreement between
CalTrans and City of Chula Vista, and 2) SR-125 agreement between California Transportation
Venture (CTV) and the City of Chula Vista.
The next major step for CTV after receiving the 404 permit is sale of bonds to finance the toll
road. Chula Vista's interest is to insure that the road will be constructed on schedule. Council
has authorized staff to explore ways of aiding in the construction of the toll way. One possible
alternative is for the City, with another public entity, forming a Joint Powers Agreement (JPA) to
purchase the CTV franchise. This would be an option should CTV have difficulty obtaining
financing or to provide for lower interest rates and thus allowing for lower tolls to the public or
reduce the number of years that tolls are collected. The firm of Smith and Kempton has been
helping the City in identifying issues and they have recommended that the City hire additional
expertise. This expertise would aid in evaluating the revenue stream by analyzing traffic
volumes in the future. Smith and Kempton also recommended that we retain a business
appraiser to value the current franchise. This effort could cost between $300,000 to $500,000.
Staff believes it appropriate to use the interim pre-SR-125 funds to finance the effort. As stated
above, the ordinance needs to be modified to allow for this.
Ordinance Modification
Staff believes that the modification is appropriate because:
1. Since the first TD~ in 1988, a facility in this corridor has been planned and financing
was provided for.
2. If the SR-125 toll road is built then much of the interim facility will not be needed
because that facility will more than supply the traffic capacity provided for by the interim
pre-SR-125 DIF.
Page 3, Item
Meeting Date 10/3/00
3. It was anticipated at the time that the ordinance creating the Interim Pm-SR-125 DIF was
approved that the ordinance may be modified in the future to financially participate in the
toll road.
4. A delay in constructing SR-125 will severely limit the City's ability to handle the traffic
created by growth at an acceptable level of service.
5. The SR-125 toll road may not be able to be built in time to serve the new developments
without aid from the City.
Findings
It is staff's recommendation that Council make the following findings:
1. The City Council finds that the construction of State Route 125 will mitigate the adverse
impacts on the City's transportation system caused by increased traffic resulting from
new development;
2. The City Council finds that the construction of State Route 125 will provide a greater
benefit in accommodating the increased traffic than will construction of an interim
facility within the general SR-125 corridor which has limited traffic capacity;
3. The City Council finds that the adverse effects of Caltrans' delay in construction SR-125
can be avoided by the use of the Interim SR-125 Development Impact Fee to advance the
construction of SR-125 all to the benefit of public safety; and
4. The City Council finds that the use of the Interim Pre-SR125 Development Impact Fee
funds to advance the construction of State Route 125 is a reasonable means of spreading
the burden among all the developers in the Eastern Territories.
FISCAL IMPACT: This will allow the use of the Interim facility to fund $1/2 million for these
studies rather than using the TDI~F or other City funds for this purpose. This fund has a balance
of approximately $6 million.
H:\HOM E\ENGADMIN\WORDJPL\SR 125ORD.DOC
9/27/00 12:07 PM
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE 2579,
RELATING TO AN INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE TO PAY FOR
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN AREA TO PAY FOR COSTS
ASSOCIATED WITH ADVANCING THE CONSTRUCTION OF SR-125
WHEREAS, the City's General Plan Land Use and Circulation Elements require that adequate, safe
transportation facilities be available to accommodate the increased traffic created by new development; and
WHEREAS, the City Council has detem~ined that potential delays in the construction of State Route
125 (SR125) by Caltrans or others will adversely impact the City's ability to accommodate said increased
traffic; and,
WHEREAS, Ordinance 2251, the original Transportation Development Impact Fee Ordinance
included State Route 125 from State Route 54 to the Southern Eastlake Boundary as a project to be financed
by the fee established by that ordinance in recognition of the importance of that facility to the City's overall
transportation network; and,
WHEREAS, Ordinance 2579 established an Interim Pre-SR125 Development Impact Fee which
recognized the importance of the State Route 125 to the City's circulation system in the Easteru Territories and
levied a fee on new development to pay for an interim facility in the event State Route 125 could not be built.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: FINDINGS
The City Council finds that the construction of State Route 125 will mitigate the adverse impacts on
the City's transportation system caused by increased traffic resulting from new development; and,
The City Council finds that the construction of State Route 125 will provide a greater benefit in
accommodating the increased traffic than will construction of an interim facility within the general SR125
corridor which has limited traffic capacity: and,
The City Council finds that the adverse effects of Caltrans' delay in constructing SR-125 can be
avoided by use of the Interim SR-125 Development Impact Fee to advance the construction of SR-125 all to
the benefit of public safety; and,
The City Council finds that the use of the Interim Pre-SR125 Development Impact Fee funds to
advance the construction of State Route 125 is a reasonable means of spreading the burden among all of the
developers in the Eastern Territories; and,
The City Council finds that the use of the Interim Pre-SR125 Development Impact Fee funds is an
equitable and reasonable manner of financing the activities necessary to advance the construction of State
Route 125; and,
The City Council finds that using the collected fees to advance the construction of SR-125 will benefit
overall transportation in the City of Chula Vista; and,
Ordinance No.
Page 2
The City Council finds that the "Interim State Route 125 Facility Feasibility Study" prepared by the
firn~ of Howard Needles Tammen & Bergendoff in May 1993 references the importance of SR-125 and the
need for a transportation facility in the corridor in order to acconm~odate increasing traffic due to development;
and,
The City Council finds that there is a demonstrated need for a permanent facility to serve the needs
created by new development and that such a need is beneficially met by using transportation fees for purposes
related to such a permanent facility rather than solely relying on an interim, temporary solution; and,
The City Council finds that the legislative findings and determinations set forth in Ordinance Nos.
2579, 2759 and 2770 continue to be true and correct; and,
The City Council finds, based on the evidence presented at the meeting held for this Ordinance,
including the "Interim State Route 125 Facility Feasibility Study" prepared by the firm of Howard Needles
Tanrmen & Bergendoff in May 1993, the City's General Plan, and the various reports and information received
by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all
development in the eastern territories for which building permits have not been issued is necessary in order to
protect the public, health, safety and welfare and in order to assure effective implementation of the City's
General Plan.
SECTION 2: Ordinance 2579, Section 1 (e), Establishment of Fees, is hereby mnended to add a new
paragraph as follows:
5. To advance the construction of State Route 125 the expenditures for ~vhich include, but
are not limited to, the costs related to studying the feasibility of purchasing the franchise,
purchasing the tYanchise, acquiring right of way, and constructing SR125 as either a toll
fhcility or freeway.
SECTION 3: Time Limit for Protest and Judicial Action
Any judicial action or proceeding to attack, review, set aside void or annul this ordinance
shall be brought within the time period as established by law.
In accordance with Government Code Section 66020(d)(1), the ninety day approval period in
which parties may protest begins upon the effective date of this ordinance.
SECTION 4: Those portions of Ordinances 2579, 2759 and 2770 not amended by this ordinance shall
remain in full force and effect.
SECTION 5: This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by Approved as to form by
Jolm P. Lippitt John M. Kaheny
Director of Public Works City Attorney
H :Lhome\attorney\interim sr 125 ord
COUNCIL AGENDA STATEMENT
Item: 7
Meeting Date: 10/3/00
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista
approving the City's participation in the preparation of the Functions and
Values Assessment of the Otay River Watershed and amending the fiscal
year 2000-2001 Budget by appropriating $25,000 to the Planning and
Building Department from the available fund balance of the General Fund
for the City's contribution.
SUBMITTED BY:
(4/Sths Vote: Yes _ No X )
Director of Planning and Building ~t
City Manager,l/
REVIEWED BY:
Staff is obtaining additional information from the County of San Diego regarding the work
program for the Proposed Functions and Values Assessment of the Otay River Watershed and will
return to Council with this request in the near future with a complete analysis and
recommendation.
RECOMMENDATION:
That the City Council not consider any action on this item at this time.
H:\shared\planning\Duane\Otay F&V Assessment Agenda Stmt 2.doe
TO: The Chula Vista City Council
We, as members of the Chula Vista Library's "Let's Talk About Books"
bookcIub, wish to express our concern and dismay over the prospect of losing
our beautiful Friendship Park. Please do not take away what little green space
and open space we have in the downtown area. Please find somewhere else to
build the new police station.
K-; ~
~~~. ~
~J~ ;7rb
,
: 1 I c..A.;.t ~ ~'/--~.z
J:r~ d!/L-J /!tJ~
~ .,
-- 1 ( "
/w ~ Awtl~
AIl ' .
~ .
Proposition BB
School Fad I ities
Improvements
Sweetwater District
Earns Recognition
Aging Schools Don't Meet
Modern Demands
Since the first district school opened in
1922, the Sweetwater Union High
School District has provided quality
education for hundreds of thousands of
students--over 302,000 just in the past ten
years.
Most of the district's schools are 40 to 60
years old-built when television, not
teleconferencing, was the latest technology.
Time and booming student emollment have
taken their toll on classrooms and school
buildings.
Sweetwater programs have received state
and national recognition:
. Student emollment is up nearly 21 %
from just six years ago.
. Thirteen district schools have been
recognized as California Distinguished
Schools.
. Higher emollments result in
overcrowded classrooms and create a
need for more student restrooms.
. Five schools were named state finalists
for National Blue Ribbon Awards.
. Outdated electrical systems cannot
handle today's technology needs.
. Nine district programs have received
prestigious Golden Bell awards for
innovation and excellence.
. Aging heating, plumbing and
ventilation systems continually break
down.
Student Achievement Is Up
. Dry rot and termite damage weaken
doors, windows and building
infrastructure.
. More students are qualifYing for
college.
. On the state-mandated SAT 9 test,
Sweetwater students this year improved
their test scores in every subj ect and at
every grade level over last year's
scores.
Buildings Need More
than Maintenance
The Sweetwater Union High School
District has diligently maintained its
schools.
. More than 10,000 work orders were
comp leted last year alone.
. The district spends an average of
$5 million per year patching roofs,
fixing plumbing leaks and repairing old
heating and electrical systems.
But even so, 18 of the district's oldest
schools still need major renovations.
I
What is Proposition BB?
Proposition BB is a $187 million bond
measure on the November 7 ballot to
renovate Sweetwater schools.
Why is it on the ballot?
Parents, community members, school
site personnel and design professionals
examined Sweetwater district schools
and found aging facilities and
overcrowded conditions, as well as
major repair and renovation
:,':\h,
Proposition BB will::te
upgrade all but the
schools in the Swe
replacing outdated
and electricalsyst
classrooms and ex
refurbishing librari
What win it
$27 aye
value- e
property tax bill.
--
-
Proposition BB Priorities:
. Renovate plumbing, electrical and
heating systems.
. Replace aging and leaky roofs.
. Make structural improvements to
provide for earthquake safety.
. Re-wire schools for safety and
technology.
. Modernize classrooms.
. Add and renovate student restrooms.
. Enlarge and upgrade school libraries.
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Planning and Facllities Dej'lartment
619-691-5553