HomeMy WebLinkAboutAgenda Packet 2001/02/20 CITY COUNCIL AGENDA
February 20, 2001 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CITY OF
CHUI.A VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone 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
AGENDA
February 20, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: GREGORY ALABADO HOUSING ADVISORY
COMMISSION
CONSENT CALENDAR
(Items 1 through 6)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of February 6, 2001.
Staff recommendation: Council approve the minutes.
2. 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 February 13, 2001, there were
no actions taken which are required under the Brown Act to be reported.
Staffrecommendation: The letter be received and filed.
B. Letter from Naomi Abasta, a student at University of San Diego High School,
requesting financial assistance to attend the 2000 Youth Leadership Conference at
Freedoms Foundation, Valley Forge, Pennsylvania.
Staff recommendation: $50 from the Council Contingency Account be granted to
Naomi Abasta toward expenses incurred for her attendance at the Freedoms
Foundation Conference.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING TEMPORARY NIGHTTIME CONSTRUCTION WORK ON EAST
"H" STREET IN ASSOCIATION WITH THE PAVEMENT REHABILITATION
PROJECT (STL-267)
Included in the Fiscal Year 2000/2001 Capital Improvement Program budget is a project
for the rehabilitation of street pavements throughout the City. Included on the list of
streets to be rehabilitated is East "H" Street, from Hilltop Drive to Rutgers Avenue. To
perform the work on East "H" Street, two lanes in each direction must be closed. The
peak-hour traffic volume on East "H" would create long traffic delays. The
recommended alternative is doing the work at night, from 7:00 p.m. to 6:00 a.m.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO.
PE-495 FOR THE ENCROACHMENT OF A PORTION OF A SINGLE-FAMILY
RESIDENCE AT 778 BAYLOR AVENUE OVER A PUBLIC 10-FOOT DRAINAGE
EASEMENT
Mr. and Mrs. Charles Sundry, who reside at 778 Baylor Avenue, have recently
discovered that the southeasterly comer of their residence was constructed within a 10-
foot public drainage easement and partially over a 24-inch reinforced concrete drainage
pipe within said easement. According to Section 12.28 of the Municipal Code, an
encroachment permit is needed in order for the residence to remain within the easement,
and the permit must be approved by Council. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PREPAYMENT OF THE ENTIRE AMOUNT OWED BY THE
CITY ON A PROMISSORY NOTE ENTERED INTO UNDER THE TERMS OF A
PUBLIC FACILITIES FINANCING AND IMPLEMENTATION AGREEMENT WITH
PRICE CLUB IN 1993, AND APPROPRIATING $366,581 FROM THE AVAILABLE
FUND BALANCE IN THE GENERAL FUND THEREFOR (4/5THS VOTE
REQUIRED)
Under the terms of the 1993 Public Facilities Financing and Implementation Agreement
with Price Club, the City executed a promissory note based on sales tax revenue
projections, to be paid over a ten-year period. Since the interest rate on the note far
exceeds the rate at which the City can invest at this time, and since the General Fund has
a significant reserve balance, staff is recommending that the note be prepaid in order to
achieve cost savings. (Deputy City Manager Powell)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Agenda 02/20/01
6. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE APPENDIX TO THE LOCAL CONFLICT OF iNTEREST CODE
The Political Reform Act requires every local agency to review its Conflict of Interest
Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended. The City Attorney and City Clerk have reviewed the Code on behalf of City
staff, all departments of the City, and designated City boards and commissions; and have
determined that amendments to the Appendix of the Code are necessary. The proposed
Resolution adopts an amended Appendix to the Code and lists the officials and
designated employees of the City who are required to file periodic statements of
economic interest and the disclosure categories under which each such official and
designated employee is required to file. (City Clerk/City Attorney)
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 appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
8. MAYOR'S REPORTS
A. Ratification of appointment to the Cultural Arts Commission - Robert McGlade.
9. COUNCIL COMMENTS
Page 3 - Council Agenda 02/20/01
CLOSED SESSION
10. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municipal Golf Course on Bonita Road and seven
adjacent acres.
Negotiating Parties: City of Chula Vista (Sid Morris, Chris Salomone), American Golf,
County of San Diego, C.W. Clark, C.W. Clark, Inc.; Jeff Phair,
The Phair Co.; and Scott Robinson.
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property and/or lease buy-out
or restructure.
11. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· Two Cases
12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One Case
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Miller v. City of Chula Vista (SDSC GIC 758186)
ADJOURNMENT to the Regular Meeting of February 27, 2001, at 6:00 p.m. in the Council
Chambers.
Page 4 - Council Agenda 02/20/01
CIIY Of
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: February 14, 2001
To: The Honorable Mayor and city Council
From: John M. Kaheny, City Attorney ~
Report Regarding Actions Taken in Closed Session
for the Meeting of 2/13/01
The City Council of the City of Chula Vista met in Closed Session
on 2/13/01 to discuss:
· CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) ~
One case
· CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) ~
A. Sanchez Serrano v. City of Chula Vista (SDSC GIC743890)
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on 2/13/01 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Property: Assessor Parcel Nos. 571-200-13, 14, 15, 36 and
Parcel Map 17701 (approximately 2.555 acres located
at 760 Broadway
Negotiating Redevelopment Agency (Chris Salomone) and George
Parties: Ray; Redevelopment Agency (Chris Salomone) and
Chris Bitterlin and Tom Carter
Under
Negotiation: Price and terms for disposition
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 ' (61g) 691-5037 . FAX (619)~ 409-5823
Chula Vista, CA 91915
.]anuary 29, 2001 FEll - 1 2001
City of Chula Vista
276 Fourth Avenue COUNCIL OFFICES
Chula Vista CA, 91910 CHULA VISTA. CA
Dear members of the City of Chula Vista,
I am one of the thirb/-six high school students selecl~ to attend the 2000 Youth Leadership
Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C.
The mission of Freedoms Foundation at Valley F~rge is
~z~' To impart to Americans- particularly young Americans - an understanding of and
commitment to our national heritage, the basic values upon which this nation was
built, the free enterprise system, and responsible citizenship.
The conference on the Valley Forge campus will include meetings with prominent historians,
educators, journalists, and economists. There will also be tours of Valley Forge National
Park and historic Philadelphia. We will travel to Washington, D.C., to meet legislators and
visit important national historic sites.
I am a junior at University of San Diego High School. My school activities include swimming,
wdting for the school newspaper, being an editor for the school's literary magazine, being a
member of the Key Club, and the Academic League. I am enrolled in honors level and
advanced placement courses in the fields of English, History and Mathematics, and have a
4.0 GPA.
The Sand Diego County Chapter of Freedoms Foundation at Valley Forge organizes sponsors
and underwrites a significant portion of the costs of this trip. We students are asked to find
financial sponsors within our community who support youth programs. ! need to raise a
total of $600 by February 8, 2001. ! hope that you will consider helping me achieve this
goal.
Please call me at (619) 397-0200, or Diana Nokes, Vice President of Youth at (858) 538-
5609 if you need more information.
Checks must be made out to FFVF, San Diego County Chapter and mailed to me at the
address given below.
Thank you so much for considering sponsoring me on this wonderful and exciting learning
opportunity.
Sincerely,
Naomi Abasta
2376 Eastridge Loop
Chula Vista, CA 91915
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 2/20/01
ITEM TITLE: Resolution Authorizing Temporary Nighttime Construction work on
East "H" Street in association with the Pavement Rehabilitation Project
(STL-267).
SUBMITTED BY: Director ofPt~blic___r__~ __ ~___x ltlW°rks~~
REVIEWED BY: City Manager [.~ ~ ~ (4/Sths Vote: Yes NoX)
Included in the FY2000-01 CIP Budget is'h~project for the rehabilitation of street pavements
throughout the City. The project consists of removal and replacement of asphalt concrete (AC)
pavement, placement of AC overlay, application of slurry and chip seal coats, pedestrian ramps,
traffic loop detedtors, removal and disposal of existing improvements, traffic control, protection
and restoration of existing improvements, other miscellaneous work, and all labor, material,
equipment, and transportation necessary for the project. Included on the list of streets to be
rehabilitated is East "H" Street, from Hilltop Drive to Rutgers Avenue. To perform the work on
East "H" Street, two lanes in each direction must be closed for construction. The peak-hour
traffic volume on East "H" would create long traffic delays. A recommended alternative is doing
the work at night, from 7:00p.m. to 6:00 a.m.
RECOMMENDATION: That Council authorize the temporary construction work at night from
7 p.m. to 6 a.m. Monday through Friday on East "H" Street from Hilltop Drive to Otay Lakes
Road for the Pavement Rehabilitation Project STL-267.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The CIP Pavement Rehabilitation Project (STL-267) includes several streets to
be maintained or repaired. Various pavement rehabilitation methods and strategies will be used
depending on each particular street condition. The list of streets includes East "H" Street, from
Hilltop Drive to Rutgers Avenue. Engineering staff recommends a 2-inch AC overlay on this
street. Before the street is overlaid, failed areas must be removed (dig-outs) and backfilled with
AC pavement. Engineering Staff has already identified and marked these areas throughout the
City for this project.
To accomplish the work on East "H" Street, two lanes in each direction must be closed to allow
construction and to accommodate equipment maneuvers, leaving only one lane in each direction
for vehicular traffic. Engineering Staff considered several alternatives for traffic control, and
evaluated the traffic conditions maintaining one and two lanes closed, and determined that the
level of service would drop to level F, and traffic delays would be up to one hour during peak
hours.
23-/
Page 2, Item __
Meeting Date: 2/20/01
Considering that East "H" Street is a major east-west corridor for emergency vehicles, the Police
Department and the Fire Department were contacted and both concurred that closing two lanes in
each direction would severely impact their response time during the day.
Engineering Staff has determined that the an alternative for doing the work is nighttime
construction between 7:00 p.m. and 6:00 a.m. Monday through Friday, when the traffic volume
is lighter and the traffic delays would be shorter. The authorization would be in effect only
during the construction work on East "H" Street and would terminate when the construction has
been completed. The time required for this work is estimated between six (6) and eight (8)
weeks, or thirty (30) and forty (40) nights. The complete Pavement Rehabilitation Project is
scheduled for 80 working days. The Contractor will work simultaneously during the day at other
locations, and during the night on the East "H" Street location.
The Pavement Rehabilitation Project STL-267 is anticipated to be advertised in February 2001.
It involves the rehabilitation of portions of: L Street, Hilltop Drive, Palomar Street, East H Street,
Orange Avenue, Industrial Boulevard, Naples Street, Otay Lakes Road, Brandywine Avenue,
Oleander Avenue, Melrose Avenue, Eastlake Parkway, and East J Street. The estimated cost is
$7,700,000 including contingencies and construction engineering. It is a federally funded project
and Authorization to Proceed with Construction has been received from Caltrans. Construction
has been scheduled to start on May 2001. The actual schedule and duration of work for East "H"
Street will be determined after the contract is awarded.
The City of Chula Vista Ordinance 2276 prohibits against construction noise in residential zones
between the hours of ten p.m. and seven a.m. Monday through Friday, and between the hours of
ten p.m. and eight a.m. Saturday and Sunday. The City of Chula Vista Municipal Code Section
19.68 "Noise Control Ordinance" also authorizes the City Council to grant exceptions for any
noise provisions of such ordinance, subject to limitations as to area, noise levels, time limits, and
other terms and conditions as the city council determines are appropriate.
Engineering Staff recommends that Council authorize the temporary construction work on East
"H" Street from Hilltop Drive to Otay Lakes Road to be done during the hours of 7:00 p.m. and
6:00 a.m. Monday through Friday, for the Pavement Rehabilitation Project STL-267. The
authorization would be in effect only during the construction work on East "H" Street.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed Pavement Rehabilitation
Project (STL-267) and has determined that the project is exempt pursuant CEQA Section 15301,
Class l(c) (Existing facilities).
FISCAL IMPACT: Nighttime construction may slightly increase the bid price, but the
additional costs to the City's street funds will be more than offset by savings to motorists and
local businesses.
H:\HOME\ENGINEER\DESIGN\SrL267\St1267NOISEA113,DOC
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY NIGHTTIME
CONSTRUCTION WORK ON EAST "H" STREET IN
ASSOCIATION WITH THE PAVEMENT REHABILITATION
PROJECT (STL-267)
WHEREAS, the FY2000-01 CIP Budget includes a project for
the rehabilitation of street pavements throughout the City; and
WHEREAS, the project consists of removal and replacement
of asphalt concrete (AC) pavement, placement of AC overlay,
application of slurry and chip seal coats, pedestrian ramps,
traffic loop detectors, removal and disposal of existing
improvements, traffic control, protection and restoration of
existing improvements, other miscellaneous work, and all labor,
material, equipment, and transportation necessary for the project;
and
WHEREAS, included on the list of streets to be
rehabilitated is East "H" Street, from Hilltop Drive to Rutgers
Avenue; and
WHEREAS, in order to perform the work on East "H" Street,
two lanes in each direction must be closed for construction as the
peak-hour traffic volume on East "H" would create long traffic
delays; and
WHEREAS, a recommended alternative is doing the work at
night, from 7:00p.m. to 6:00 a.m.; and
WHEREAS, the Environmental Review Coordinator has
reviewed the proposed Pavement Rehabilitation Project (STL-267) and
has determined that the project is exempt pursuant to CEQA Section
15301, Class l(c) (Existing Facilities).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize temporary nighttime
construction work in East "H" Street in association with the
Pavement Rehabilitation Project (STL-267) .
BE IT FURTHER RESOLVED that this authorization would be
in effect only during the construction work on East nH" Street and
would terminate when the construction has been completed which is
estimated to be no more than eight weeks or forty nights.
3-3
Presented by Approved as to form by
Director of Public Works City Attorney
[H:/HOME~ATTORN EY~RESO\ East H Street Nighttime Construction (Feb~a~ 9, 2001 (11:28am)]
Informational Item
February 19, 2001
File No. STM-344
TO: The Honorable Mayor and City Council
VIA: David J. Rowlands Jr.~ity Manager
FROM: John P. Lippitt, Director of Public Work~;~}
SUBJECT: Daytime Closure of Olympic Parkway Between Brandywine Avenue and Oleander
Avenue for the Construction of Street Improvements
In accordance with Section 10.04.030 of the Chula Vista Municipal Code, this is to advise City
Council of a daytime (7:00 a.m. to 5:00 p.m.) closure of Olympic Parkway between Brandywine
Avenue and Oleander Avenue through March 9, 2001. Said closure has been requested by the
City's contractor, West Coast General Corporation, in order to make up for rain delays totaling
approximately three weeks to date. The daytime closure will allow the contractor to work more
efficiently and to keep the schedule for project completion on-track.
The daytime closure plan requires the re-routing of vehicles through Rivera Street, which is a
residential street. The volume of traffic re-routed from Olympic Parkway to Rivera Street is
relatively small. City staffwill monitor traffic conditions to minimize traffic-related impacts to the
Rivera Street residents.
The daytime closure plan also accommodates Chula Vista Transit's route along this segment of
Olympic Parkway. Further, residents of the adjacent condominium complex, as well as
emergency vehicles, have complete access through the project area at all times.
The purpose of this memorandum is to advise the City Council of said daytime closure and detour
through a residential neighborhood in accordance with the Chula Vista Municipal Code, which
states that the authority to establish and maintain traffic control measures for road construction
events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three
members of the City Council.
If Council has no objections to the continuous lane closure, then the contractor will be allowed to
proceed as proposed.
H:\HOME~ENGINEERXAGENI3A\STM-344 Daytime Closure.inf. kpa.doc
COUNCIL AGENDA STATEMENT
Item Z-//
Meeting Date 2/20/01
ITEM TITLE: Resolution Authorizing the City Engineer to issue Encroachment
Permit No. PE-495 for the encroachment of a portion of a single family
residence at 778 Baylor Avenue over a public 10 foot drainage easement
SUBMITTED BY: Director of P~blic Works ~t
REVIEWED BY: City Manage~ 2, l~ ~6L~ (4/Sths Vote: Yes No X)
Mr. and Mrs. Charles Sundry who reside at %74 Baylor Avenue have recently discovered that the
southeasterly comer of their residence was constructed within a 10 foot public drainage easement
and partially over a 24 inch reinfomed concrete drainage pipe within said easement.
According to Section 12.28 of the Municipal Code, an encroachment permit is needed in order for
the residence to remain within the easement and must be approved by the City Council.
RECOMMENDATION: That Council approve the subject resolution authorizing the City
Engineer to issue Encroachment Permit No. PE-495 for the encroachment of a portion of a single
family residence at 778 Baylor Avenue over a public 10 foot drainage easement
BOARDS/COMMISSIONS RECOMMENDATION: No Board or Commission actions are
required in this case.
DISCUSSION:
Mr. and Mrs. Sundry hired a geotechnical engineer to investigate unusual settlement in the
southeasterly comer of their home at 778 Baylor Avenue. They hired Christian Wheeler Engineering
to perform an investigation and prepare recommendations for correcting the house settlement. Upon
investigation, Christian Wheeler Engineering discovered that the portion of the residence that was
settling was constructed over a storm drain pipe. The engineer concluded that poor compaction of
the storm drain trench backfill was the cause of the house distress at that comer.
The City was then notified and staff determined that the storm drain pipe was a part of a public
system and that it was within a 10 foot drainage easement granted on Map No. 6247, Southwestern
College Estates, Unit No. 3 recorded December 10, 1968.
The Sundry's engineer prepared a report titled "Supplemental Recommendations for Foundation
Repairs, Sundry Residence, 778 Baylor Avenue, Chula Vista, California". Within said report,
recommendations were made to excavate the trench surrounding the storm drain pipe and backfilling
with a two-sack sand/cement slurry lien concrete mix. According to the geotechnical engineer, this
would not only solve the problem of the settling house, but it would also allow for relatively easy
reexcavation of the backfill should it every be necessary to expose the storm drain pipe in the future
Page 2, Item __
Meeting Date 2/20/01
by the City. City staff examined the storm drain pipe and determined it was not damaged and that
the lien concrete mix backfill would be satisfactory for future maintenance purposes.
With the conditions placed on the encroachment permit, the location of the house within the storm
drain easement will not hamper City crews' access to the public storm drain line and will allow
maintenance to take place as usual.
The following conditions of approval have been imposed on this encroachment permit:
1. Encroachment shall be installed and maintained in a safe and sanitary manner by
Permittee as determined by City.
2. Permittee shall excavate around the reinforced concrete storm drain pipe in the
vicinity of the encroaching house foundation for a distance of 18 inches on each side
of the pipe, down to the bottom of the pipe. The removal shall extend at least four
feet along the length of the pipe. The excavation shall be backfilled with a two-sack,
sand/cement slurry up to 12 inches below grade to the satisfaction of the City
Engineer. This will allow for reexcavation of the backfill should it be necessary to
expose the storm drain pipe in the future.
3. Encroachment shall, in no way interfere with the maintenance of or operation of the
existing concrete channel or underground storm drain pipe. Any costs arising from
changes of or to any facility due to the encroachment shall be the sole responsibility
of Permittee and subject to placement of a lien on the property if incurred by the
City.
4. If removal of Encroachment is accomplished by City, City shall take reasonable care
to prevent damage when removing Encroachment. However, should Encroachment
be damaged, as a result of being removed by the City to a location out of the area
impacted by equipment and excavations necessary to repair the drainage facility, the
City shall not be responsible for the cost to repair said Encroachment. Replacing said
Encroachraent, if removed by the City or Permittee, shall be the sole responsibility of
the Permittee.
The permit has been signed by Mr. and Mrs. Charles Sundry and notarized and is now ready to be
issued. The permit will be recorded and run with the land.
FISCAL IMPACT: Due to the construction and maintenance responsibilities falling on the
Permittee, there are no direct costs to the City, except for the processing of this permit.
Attachments: Exhibit "A" - Plat showing encroachments
Copy of Encroachment Permit PE-495
File No. 0710-40-PE-448
H:\HOME\ENG1NEER\AGENDA\PE-495.SLY DOC
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
[ ] This document benefits
permittee. Recording
fee required. ~ (This space for Recorder's use, only) ~
Affects Assessor's Parcel No(s). 642-210-0700 C.V. File No. 0710-40-PE-495
AUTHORIZATION FOR ENCROACHMENT IN CITY EASEMENT
Permit No. PE-495
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula
Vista (hereinafter ,City") to: Charles W. Sundry and Cathie L. Sundry, individually, and as Trustees of the Sundry
Trust recorded December 12, 1992 (hereinafter "Permittee") whose mailing address is 778 Baylor Street, Chula Vista
CA, 91910, for portion of a single family residence within a drainage easement belonging to the City of Chula Vista.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall run with
the land. All conditions apply to Permittee and all his/her/their heirs, assigns, successors or transferees.
Whereas, the Permittee has requested the permission from City to encroach on said City's easement adjacent to and
for the direct benefit of the following described property:
ADDRESS: 778 Baylor Street
LEGAL DESCRIVIION: Lot 304 of Map No. 6247, Southwestern College Estates Unit No. 3 recorded in the City
of Chula Vista, County of San Diego on December 10, 1968.
PERMISSION IS HEREBY GRANTED for the following encroachment with the inclusion of conditions contained
herein:
Southeast corner of residence at 778 Baylor Street over a 10 foot drainage easement belonging to the City of
Chula Vista located along the southeasterly property line as shown on Exhibit "A" attached.
(hereinafter "Encroachment")
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the
parties hereto agree as follows:
Permission is hereby granted Permittee for the above-mentioned Encroachment on the real property of City described
above in accordance with the following conditions:
i. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by
City.
Page 1
2. Permittee shall excavate around the reinforced concrete storm drain pipe in the vicinity of the encroaching
house foundation for a distance of 18 inches on each side of the pipe, down to the bottom of the pipe. The
removal shall extend at least four feet along the length of the pipe. The excavation should be backfilled with
a two-sack, sand/cement slurry up to 12 inches below grade to the satisfaction of the City Engineer. This
will allow for reexcavation of the backfill should it be necessary to expose the storm drain pipe in the future.
3. Encroachment shall, in no way interfere with the maintenance of or operation of the existing concrete
channel or underground storm dr~m pipe. Any costs arising from changes of or to any facility due to the
Encroachment shall be the sole responsibility of Permittee.
4. If removal of Encroachment is accomplished by City, City shall take reasonable care to prevent damage
when removing Encroachment. However, should Encroachment be damaged, as a result of being removed
by the City to a location out of the area impacted by equipment and excavations necessary to repair the
drainage facility, the City shall not be responsible for the cost to repair said Encroachment. Replacing said
Encroachment, if removed by the City or Permittee, shall be the sole responsibility of the Permittee.
Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected and appointed officers and
employees, from and against all past, present or future claims for damages, liability, cost and expense (including
without limitation attorneys' fees) arising out of or in anyway related to the encroachment or the conduct of the
Perminee, or any agent or employee, subcontractors, or others (including third parties) in connection with the
execution of the work covered by this agreement, except only for those claims arising from the sole negligence or
sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include any and ail costs,
expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against
such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers, agents, or employees.
Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee.
Permittee hereby agrees to and shall release, hold harmless and defend City, its elective and appointive boards,
officers, agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages
caused, or alleged to have been caused, by actions taken or alleged to have been taken, or in anyway related to or
arising from actions taken, under this permit by Perrnittee directly or by his/her/their agent(s), contractor(s), or
agents or employees of same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and
appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding submitted,
brought or instituted against City as a result of actions taken, or alleged to have been taken, or in anyway related to
or arising from actions taken, under this permit, including, but not limited to, any asserted liability for loss of or
damage to property or for personal injury, including death.
The undersigned Permittee hereby accepts the ibregoing Encroachment permit upon the terms and conditions stated
herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable
provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or
Permittee's rights under this Encroachment Permit should interfere with the future use of the City's right of way by
the general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and
when indicated by City.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said
dispute in his sole and unfettered discretion, reasonably applied.
End of page (next page is signature page)
Page 2
CITY OF CItULA VISTA:
Permit approved by:
Date:
Clifford L. Swanson
Deputy Public Works Director/City Engineer
(City Clerk to attach acknowledgment.)
PERMITI'EE:
Signature: Date:
Signature: Date:
(Notary to attach acknowledgment.)
[H:\HOM E\ENGIN EER\P ERM ITS\PE495.sly.doc Page 3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER TO
ISSUE ENCROACHMENT PERMIT NO. PE-495 FOR THE
ENCROACHMENT OF A PORTION OF A SINGLE FAMILY
RESIDENCE AT 778 BAYLOR AVENUE OVER A PUBLIC
10 FOOT DR3%INAGE EASEMENT
WHEREAS, Mr. And Mrs. Charles Sundry who reside at 778
Baylor Avenue have recently discovered that the southeasterly
corner of their residence was constructed within a 10 foot public
drainage easement and partially over a 24 inch reinforced concrete
drainage pipe within said easement; and
WHEREAS, according to Chapter 12.28 of the Municipal
Code, any encroachments within a public drainage easement require
City Council approval utilizing the encroachment permit process;
and
WHEREAS, granting of said encroachment will not interfere
with or obstruct the overriding public use for which the easement
has been dedicated.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the City Engineer to
issue Encroachment Permit No. PE-495 for encroachment of a portion
of a single family residence at 778 Baylor Avenue over a public 10
foot drainage easement subject to those conditions contained within
the permit including but not limited to the following :
1. Encroachment shall be installed and maintained in a
safe and sanitary manner by Permittee as determined
by City.
2. Permittee shall excavate around the reinforced
concrete storm drain pipe in the vicinity of the
encroaching house foundation for a distance of 18
inches on each side of the pipe, down to the bottom
of the pipe. The removal shall extend at least
four feet along the length of the pipe. The
excavation should be backfilled with a two-sack,
sand/cement slurry up to 12 inches below grade to
the satisfaction of the City Engineer. This will
allow for reexcavation of the backfill should it be
necessary to expose the storm drain pipe in the
future.
3. Encroachment shall, in no way interfere with the
maintenance of or operation of the existing
concrete channel or underground storm drain pipe.
Any costs arising from changes of or to any
facility due to the Encroachment shall be the sole
responsibility of Permittee.
4. If removal of Encroachment is accomplished by City,
City shall take reasonable care to prevent damage
when removing Encroachment. However, should
Encroachment be damaged, as a result of being
removed by the City to a location out of the area
impacted by equipment and excavations necessary to
repair the drainage facility, the City shall not be
responsible for the cost to repair said
Encroachment. Replacing said Encroachment, if
removed by the City or Permittee, shall be the sole
responsibility of the Permittee.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this resolution and permit.
Presented by Approved as to form by
John P. Lippitt J/o~en~~
Director of Public Works C~v--' y Attorney
H:\home[attorney\reso~encroachment permit PE495
COUNCIL AGENDA STATEMENT
Item No
Meeting Date 2/20101
ITEM TITLE: Resolution Authorizing the prepayment of the entire
amount owed by the City on a promissory note entered into
under the terms of a Public Facilities Financing and
Implementation Agreement with Price Club in 1993, and
appropriating $366,581.48 from the available fund balance in
the General Fund therefore.
SUBMITTED BY: Deputy City Manager Powell y
REVIEWED BY: City Manag re~ (4/5ths Vote: Yes X No )
Under the terms of the 1993 Public Facilities Financing and Implementation
Agreement with the Price Club, the City executed a promissory note based on
sales tax revenue projections, to be paid over a ten-year period. Since the
interest rate on the note far exceeds the rate at which the City can invest at this
time, and since the General Fund has a significant reserve balance, staff is
recommending that the note be prepaid in order to achieve interest cost savings.
RECOMMENDATION:
That Council approve the Resolution authorizing the prepayment of the entire
amount owed by the City on a promissory note entered into under the terms of a
Public Facilities Financing and Implementation Agreement with Price Club in
1993, and appropriating $366,581.48 from the available fund balance in the
General Fund therefore.
BOARDS/COMMISSIONS RECOMMENDATIONS: None
DISCUSSION
In January, 1993, Council approved a Public Facilities Financing and
Implementation Agreement with Price Club in order to encourage the
construction of a second store within the City on East "H" Street, while ensuring
that the existing store located on Broadway remained open. Pursuant to that
agreement, the City executed a promissory note in favor of the Price Club in
June, 1993. The note was based on projected sales tax revenues and was in the
amount of $1.892 million to be repaid over a ten-year period bearing interest at a
rate of 8 pement. Over this same period, the sales tax revenue generated by the
Page 2, Item
Meeting Date 2/20/01
two stores has averaged between three to four times the amount of the note
payments. The City has made annual principal and interest payments ranging
from $340,560 the first year, to $249,744 last year.
Due to recent Federal Reserve Board actions, interest rates have been falling
rather rapidly. We are currently only able to invest City funds at an average rate
of approximately 6.3 percent. Tax exempt borrowing rates have shown
corresponding decreases into the 5 percent range. Due to these factors, and
due to the significant fund balance currently available, it appears fiscally prudent
to prepay the note at this time. As of March 1, 2001, the amount required to
prepay the note will be $601,189.48, including principal of $567,600 and accrued
interest of $33,589.48. Since the adopted budget for this fiscal year already
includes an appropriation in the amount of $234,608 for this year's annual
payment, it is only necessary to appropriate the difference remaining, which
amounts to $366,581.48 ($601,189.48 less $234,608).
FISCAL IMPACT:
The immediate impact will be a decrease in the General Fund Available Fund
Balance in the amount of $366,581.48. By prepaying the note at this time, the
City will forego potential interest earnings on this amount estimated at $32,260
over the next two years in exchange for avoiding future interest costs on the note
in the amount of $57,227, for an estimated net savings of $24,967.
EXHIBIT NO. 3
CITY PROMISSORY NOTE
$1,892,000.00 June 4
, 1993
Chula Vista, California
5 1. FOR VALUE P~CEIVED, the CITY OF CHULA VISTA, a
municipal corporation having charter powers ¢"City"), promises to
6 pay to the order of THE PRICE COMPANY, a Californi~ corporation
("Retailer"), at 4241 Jutland, San Diego, California 92117, or at
7 such other place as Retailer from time to time may designate, the
principal sum of One Million Eight Hundred Ninety-Two Thousand and
8 No/100 Dollars ($1,892,000.00), plus interest as specified in this
Note. This Note evidences a loan from Retailer to City made
9 pursuant to that certain Public Facilities Financing and
Implementation Agreement (the Agreement") entered into as of
10 January 19, 1993, by and among City, Retailer and certain third
parties. Capitalized terms used herein have the same meaning as
defined in the Agreement, unless otherwise specified herein.
12 2. The principal sum outstanding from time to time
under this Note shall bear interest at the rate of eight percent
13 (8%) per annum. Any accrued interest not paid when due shall bear
interest at the rate of eight percent (8%) per annum.
14
3. On each anniversary date of this Note (the
15 "Original Due Date"), City shall make a principal reduction
payment equal to One Hundred Eighty-Nine Thousand Two Hundred and
16 No/100 Dollars ($189,200.00), together with all accrued and unpaid
interest the (the "Annual Payment") until this Note is paid in
17 full except as otherwise provided herein. Interest shall be
calculated on the basis of a full calendar year and actual days
18 elapsed. The amount of any Annual Payment and/or the date the
same is due shall be subject to adjustment as expressly provided
19 in Section 6, below.
20 4. All unpaid principal and all accrued and unpaid
interest shall be due and payable no later than the tenth (10th)
21 anniversary of the date of this Note (the "Original Maturity
Date"). Such Original Maturity Date shall be subject to
22 adjustment as expressly provided in Section 6, below.
23 5. City may, at any time and from time to time, prepay
some or all of the principal under this Note, without penalty or
24 premium.
25 6. City's obligations under this Note shall be subject
to the following:
26
6.1 (A) In the event the New F&cility is not
27 constructed on the Property with a minimum gross floor
28
EXHIBIT NO. 3 -- Page I
area of 120,000 square feet and opened for business'
within eighteen (18) months after the Retailer acquires
fee title to the Property which eighteen (18) month
period shall be extended for delays due to Force Majeure
(so long as such Force Majeure delays do not exceed,
cumulatively, twenty-four (24) months, then as of the
expiration of said eighteen (18) month period (as may be
extended due to Force Majeure delays), the entire unpaid
balance of principal and interest accrued under this
Note shall be deemed forgiven by the Retailer;
(B) In the event the New Facility does
7 not open for business until after the first anniversary
. ~ of the date of this Note, the first Annual Payment
8 ~ / (~ (together with any subsequent Annual Payments) required
. ~ under Section 3, above, may be deferred by the City
9 /" ~,~ until the date of such opening for business; provided,
~ however, that interest shall continue to accrue during
10 such deferral period.
11 (C) In the event that the New Facility
does not open for business within e~ghteen (18) months
12 after the Retailer acquires fee title to the Property
for reasons of Force Majeure, the Annual Payment
13 originally due after the expiration of such eighteen
(18) month period shall (when payable following the
14 deferral described above) be reduced by a fraction, the
numerator of which is the n,,mher of days from the end of
15 said eighteen (18) month period to the date that the New
Facility opens and the denominator of which is three
16 hundred sixty-five (365). The amount of the reduction
· in such Annual Payment shall not reduce the total amount
17 due from City to Retailer under this Note, it being
understood that such reduced amount shall be deferred
18 and paid as provided in Section 6.5, below.
19 6.2 (A) In the event the New Facility opens
for business and is thereafter Permanently Closed prior
20 to the Original Maturity Date, then as of the Note
Termination Date, the unpaid principal balance of the
21 Note shall be deemed forgiven by the Retailer; provided,
however, the City will remain liable for the unpaid
22 principal amount of the Note pro-rated to the Note ~
Termination Date, together with such interest which~has
23 accrued on this Note as of the Note Termination Dat~e and
remains unpaid. Thus, the portion of the principal
24 amount of the Note deemed forgiven shall be a fraction
of the original principal amount of this Note, the
25 numerator of which is the number of days from the Note
Termination Date to and including the Original Maturity
26 Date and the denominator of which is the n,,m~er of days
i from the date of the Note to and including the Original
27! Maturity Date.
28
S~01~15L.)M4
011~$- E~-4~5 EXHIBIT NO. 3 -- Page 2
1
(B) Any principal and interest for which
2 the city remains liable, as provided above in Section
6.2 (A), shall be paid by the City on or before the date
3 upon which the City's next Annual Payment would have
been required but for the fact that the New Facility has
4 been Permanently Closed.
5 (C) In the event the New Facility opens
for business and is thereafter closed du~ to Force
6 Majeure for thirty (30) or more calendar days (excluding
holidays and other days when a majority of Price Clubs
7 in California are closed), as calculated on a cumulative
basis during the twelve (12) month period immediately
preceding the Original Due Date of any Annual Payment,
such Annual Payment shall be reduced by a fraction, the
numerator of which is the number of days of such closure
which fall within such twelve (12) month period and the
1 denominator of which is three hundred sixty-five (365).
The reduction in such Annual Payment shall not reduce
11 the total amount due from City to R~tailer under this
Note, it being understood that such reduced amount shall
12 be deferred and paid as provided in Section 6.5, below.
13 6.3 (A) In the event the Existing Facility is
Permanently Closed during the eight (8) year period
14 beginning on the Effective Date of the Agreement, then
as of the Note Termination Date, the unpaid principal
15 balance of the Note shall be deemed forgiven by the
Retailer; provided, however, the City will remain liable
for the unpaid principal amount of the Note pro-rated to
the Note Termination Date, together with such interest
17 which has accrued on this Note as of the Note
Termination Date and remains unpaid. Thus, the portion
18 of the principal amount of the Note deemed forgiven
shall be a fraction of the original principal amount of
19 this Note, the numerator of which is the number of days
from the Note Termination Date to and including the
20 eighth (8th) anniversary of the Effective Date of the
Agreement and the denominator of which is the n,,mher of
21 days from the Effective Date of the Agreement to and
including the eighth (Sth) anniversary of the Effective
22 Date of the Agreement.
23 (B) Any principal and interest for which
the City remains liable, as expressly provided above in
24 Section 6.3 (A), shall be paid by the city on or before
the date upon which the City's next Annual Payment would
25 have been required but for the fact that the Existing
Facility has been Permanently Closed.
26
(C) In the event the Existing Facility is
27! closed due to Force Majeure for thirty (30) or more
28
0~- ~-4~$ EXHIBIT NO. 3 -- Page 3
calendar days (excluding holidays and Other days when a
majority of Price Clubs in California are closed), as
calculated on a cumulative basis during the twelve (12)
month period immediately preceding the Original Due Date
of any Annual Payment, such Annual Payment shall be
reduced by a fraction, the numerator of which is the
number of days of such closure which fall within such
twelve (12) month period and the denominator of which is
three hundred sixty-five (365). The reduction in such
Annual Payment shall not reduce the tota~ amount due
from city to Retailer under this Note, it being
understood that such reduced amount shall be deferred
and paid as provided in Section 6.5, below.
(D) Notwithstanding the aforementioned,
in the event that Retail Sales in the Existing Facility
for any fiscal year of twelve (12) consecutive calendar
months is less than Sixty Million Dollars ($60,000,000)
1 and at any time thereafter the Existing Facility is
Permanently Closed, or temporarily closed for any
11 reason, this Note shall not be deeme4 forgiven,
deferred, or prorated (as applicable) as provided in
12 this Section 6.3, above, and the City shall continue to
be obligated to repay this Note as originally provided
13 above. In computing the amount of Retail Sales there
shall be added to the amount of actual Retail Sales, an
14 amount equal to the average daily amount of actual
Retail Sales for each day the Existing Facility is
15 opened during such twelve (I2) consecutive month period
multiplied by the number of days during such twelve (12)
16 month period the Existing Facility is closed for
business (excluding holidays and other days that a
17 majority of Retailers in California are not open for
business).
18
(E) In the event that Retail Sales are
19 less than Sixty Million Dollars ($60,000,000) for any
twelve (12) consecutive calendar month period, as
20 provided above, the Retailer shall give the city written
notice of the actual amount of Retail Sales within
21 ninety (90) days after the end of such twelve (12) month
period. The City shall have the right to audit the~
22 books and records of the Existin~ Facility at any t~me
within six (6) months after the City receives such
23 notice to verify the amount of Retail Sales.
24 6.4 (A) The New Facility (after it opens for
business), or the Existing Facility, as the case may be,
25 shall be deemed "Permanently Closed# for purposes of
this Note if the Price Club Facility is closed for
26 business or ceases to operate in substantially the same
manner as a majority of other Price Clubs in California
27 for a period (the "Closure Calculation Period") of
28
011993-E~-~5 EXNIBIT NO. 3 -- Page 4
1 ninety (90) consecutive days (excluding holidays or
other days when a majority of Price Clubs in California
2 are closed) unless such closure or change in the manner
of operation is of a temporary nature due to repairs,
3 alterations, construction or similar reason, or is
temporary in nature due to Force Majeure, provided such
4 closure due to Force Majeure does not exceed twenty-
four (24) consecutive months. A change in the Price
5 Club name in and of itself shall not be deemed to be a
change in the manner of operation for pur~oses of this
6 Note.
7 (B) The "Note Termination Date" as used
in this Note shall mean the first day of the Closure
8 Calculation Period that the New Facility or Existing
Facility, as the case may be, is Permanently Closed.
9
6.5 In the event that, pursuant to the
10 provisions of Section 6.1, 6.2 or 6.3, above, payment of
any portion of an Annual Payment is deferred, the
11 Original Maturity Date shall be extended by the
aggregate number of days during which the applicable
12 Price Club Facilities were closed (and/or failed to
open) so as to create such deferrals (the "Extended
13 Maturity Date") and the aggregated amount of such
deferrals shall be due and payable by the City on such
14 Extended Maturity Date.
15 7. All amounts payable under this Note are payable in
lawful money of the United States.
16
8. Each controversy, dispute or claim between the city
17 and Retailer arising out of or relating to this Note shall be
subject to the provisions of Sections 7.1, 7.4 and 7.5 of the
18 Agreement. In the case of a conflict in payment terms between
this Note and the Agreement, the terms of this Note shall control.
19
9. This Note is governed by the laws of the State of
20 California.
21 10. Notices or other communications shall be given in
accordance with the provisions of Section 7.2 of the Agreemen~'
22
11. This Note inures to and binds the heirs, legal~
23 representatives, successors and assigns of City and Retailer.
24 12. City waives presentment, protest and demand, notice
of protest, notice of dishonor and notice of nonpayment of this
25 Note.
26 13. In the event the City fails to pay any A~nual
Payment or other amount due under this Note when due and within
27 forty-five (45) days after written demand for same is made by the
28
$~,013~ 15L. I1~,
011~;~- E~-4~5 EXHIBIT NO. 3 -- Page 5
O~ ~S SeOtiO~ 13,. l~ ~o ~Ven~ ~hali ~e l~er~ rat=
Ap~rov~ as ~o
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PREPAYMENT OF THE
ENTIRE AMOUNT OWED BY THE CITY ON A PROMISSORY
NOTE ENTERED INTO UNDER THE TERMS OF A PUBLIC
FACILITIES FINANCING AND IMPLEMENTATION
AGREEMENT WITH PRICE CLUB IN 1993, AND
APPROPRIATING $366,581 FROM THE AVAILABLE FUND
BALANCE IN THE GENEP~AL FUND THEREFOR
WHEREAS, under the terms of the 1993 Public Facilities
Financing and Implementation Agreement with the Price Club, the
City executed a promissory note based on sales tax revenue
projections, to be paid over a ten-year period; and
WHEREAS, since the interest rate on the note far exceeds
the rate at which the City can invest at this time, and since the
General Fund has a significant reserve balance, staff is
recommending that the note be prepaid in order to achieve interest
cost savings; and
WHEREAS, as a March 1, 2001, the amount required to
prepay the note will be $601,189.48 including principal of $567,600
and accrued interest of $33,489.48; and
WHEREAS, since the adopted budget for this fiscal year
already includes an appropriation in the amount of $234,608 for
this year's annual payment, it is only necessary to appropriate the
difference remaining, which amounts to $366,581.48.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the prepayment of the
entire amount by the City on a promissory note entered into under
the terms of a Public Facilities Financing and Implementation
Agreement with Price Club in 1993.
BE IT FURTHER RESOLVED that the amount of $366,581.48 is
hereby appropriated from the available fund balance in the General
Fund therefor.
Presented by Approved as to form by
Robert Powell John~. Kaheny/a~./
Deputy City Manager C~ Attorney
[H:/HOME~ORNEY/RESO/Price Club P~m Note (Februaw 12, 2001 (8:36am)]
COUNCIL AGENDA STATEMENT
Item No.
Meeting Date 02/20/01
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE APPENDIX TO THE LOCAL CONFLICT OF
iNTEREST CODE
SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk
John Kaheny, City Attorney
The Political Reform Act requires every local agency to review its Conflict of Interest Code
biennially to determine if it is accurate or, alternatively, that the Code must be amended. The City
Attorney and City Clerk have reviewed the Code on behalf of City staff, all departments of the City,
and designated City boards and commissions; and have determined that amendments to the
Appendix of the Code are necessary. The proposed Resolution adopts an amended Appendix to the
Code and lists the officials and designated employees of the City who are required to file periodic
statements of economic interest and the disclosure categories under which each such official and
designated employee is required to file.
RECOMMENDATION: Council adopt the Resolution.
BOARDS AND COMMISSION RECOMMENDATION: None.
BACKGROUND: On March 21, 2000, the Council adopted Ordinance No. 2807, adopting by
reference the standardized conflict of interest code contained in Title 2 of the California Code of
Regulations, Section 18730, and any amendments thereto which are adopted by the Fair Political
Practices Commission. The Ordinance requires that the Council set forth by Resolution the officials
and designated employees who are required to file statements of economic interests and the
disclosure categories under which each such official and designated employee shall file.
The Political Reform Act requires every local agency to review its Conflict of Interest Code
biennially to determine if it is accurate or, alternatively, that the Code must be amended. By
Resolution No. 2000-220, the Council directed the City Clerk and the City Attorney to perform said
review, and it has been determined that the Appendix to the Code requires amendments to reflect
new and amended job titles for certain positions and to delete certain positions which do not meet the
criteria for designated employees. Adoption of the proposed Resolution will amend the Appendix to
the local Conflict of Interest Code accordingly.
FISCAL IMPACT: None.
EXHIBIT "A"
DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER STATE LAW
AND/OR THE CITY OF CHULA VISTA
CONFLICT OF INTEREST CODE
DISCLOSURE
CATETORIES
Mayor and City Council/Members of the Redevelopment Agency All
Candidates for Elective Office All
Planning Commission Members All
City Manager/Executive Director of the Redevelopment Agency All
City Attorney/Redevelopment Agency Attorney All
Deputy City Manager-Finance/Redevelopment Agency Chief Financial Officer All
Assistant Director of Finance/Redevelopment Agency Investor All
Assistant and Deputy City Managers 1, 2, 7
All other Department Heads 1, 2, 7
Chief of Police
City Clerk
Director of Community Development
Director of Human Resources
Director of Management & Information Services
Director of Parks and Recreation
Director of Planning and Building
Director of Public Works
Executive Director of the Nature Interpretative Center
Fire Chief'
All other Assistant and Deputy Department Heads 1, 2, 7
Assistant Chief of Police
Assistant Director of Building & Housing
Assistant Director of Community Development
Assistant Director of Human Resoumes
Assistant Director of Planning
Assistant Director of Recreation
Assistant Fire Chief
Assistant Library Director
Deputy Director of Parks
Deputy Director of Public Works/City Engineer
Deputy Director of Public Works/Operations
Exhibit "A" - Page 1 2/2001
Administrative Services Manager 1, 2, 7
Assistant City Attorney 1, 2, 7
Assistant City Clerk 1, 2, 7
Assistant Transit Coordinator 5, 7
Assistant to Mayor and City Council All
Benefits Manager 6
Building and Housing Inspector/Code Enforcement Officer I, II & III 3, 7
Building Projects Supervisor 3, 5, 6
Building Services Superintendent 3, 5, 6
Business Office Manager 5
Buyer 1, 7
Civil Engineer 3, 4, 5
Code Enforcement/Permit Manager 3, 7
Collections Supervisor 2, 4, 7
Council Assistant III All
Deputy Building Official 3, 6, 7
Deputy City Attorney 1, 2, 7
Deputy City Clerk 1, 2, 7
Director of Budget & Analysis 1, 2, 4, 5, 7
Economic Development Manager 3, 4, 6, 7
Educational Services Manager 3, 4, 6, 7
Environmental Project Manager 3, 4, 6, 7
Environmental Review Coordinator 3, 4, 6, 7
Fire Marshal 3, 6
Exhibit "A" - Page 2 2/2001
Fiscal Operations Manager 1, 2, 7
Fleet Manager 5, 6
General Plan Project Manager 1, 2, 3, 4
Housing Coordinator 3, 4, 7
Intergovernmental Affairs Coordinator 5, 6, 7
Manager of Organizational Development & Training 1, 2, 7
Open Space Coordinator 4, 6
Open Space Inspector 4, 6
Planning and Environmental Manager 3, 4, 6, 7
Plans Examiner 1, 2, 7
Police Captain 1, 2, 7
Principal Commtmity Development Specialist 3, 4, 6, 7
Principal Management Assistant 5, 7
Principal Planner 1, 2, 4, 7
Public Information Coordinator 4, 5
Public Works Inspector I & II 3, 4
Purchasing Agent 1, 7
Redevelopment Coordinator 3, 4, 6, 7
Risk Manager 1, 7
Senior Accountant 3
Senior Assistant City Attorney 1, 2, 7
Senior Building Inspector 3, 7
Senior Buyer 1, 7
Senior Civil Engineer 3, 4, 5
Exhibit "A" - Page 3 2/2001
Senior Code Enforcement Officer 3, 7
Senior Community Development Specialist 3, 4, 6, 7
Senior Economic Development Specialist 3, 4, 6, 7
Senior Planner 1, 2, 4, 7
Senior Public Works Inspector 3, 4
Special Operations Manager 3, 4, 6, 7
Special Projects Manager 1, 2, 7
Transit Coordinator 5, 7
Treasury Manager 1, 2, 7
Board of Appeals and Advisors Members 2, 5
Board of Ethics Members 1, 2, 7
Board of Library Trustees 2, 6, 7
Charter Review Commission Members 1, 2, 7
Civil Service Commission Members 3
Design Review Committee Members 2, 4, 7
Economic Development Commission Members 1, 2, 7
Growth Management Oversight Commission Members 2, 4
Mobilehome Rent Review Commission Members 1, 2, 7
Resoume Conservation Commission Members 2, 4, 7
Town Centre Project Area Committee Members 3, 7
Exhibit "A" - Page 4 2/2001
Consultants* All*
* Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code, subject to the following
limitation: The City Manager may determine, in writing, that a particular consultant,
although a "designated position," is hired to perform a range of duties that is limited in
scope and thus is not required to fully comply with the disclosure requirements in this
section. Such written determination shall include a description of the consultant's duties
and, based upon that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as the Conflict of Interest Code.
Exhibit "A" - Page 5 ~ 2/2001
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE APPENDIX TO THE LOCAL
CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Sections 8100 et seq., requires
local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the
standardized conflict of interest code contained in Title 2 of the California Code of Regulations,
Section 18730, and any amendments thereto which are adopted by the Fair Political Practices
Commission; and
WHEREAS, the Political Reform Act requires every local agency to review its Conflict of
Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended; and
WHEREAS, as directed by the City Council, the City Attorney and the City Clerk have
reviewed the Code on behalf of City staff and all departments of the City and designated City
commissions and boards and have determined that amendments to the Appendix of the Code are
necessary.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the
City of Chula Vista that the list of officials and designated employees of the City of Chula Vista who
are required to file periodic statements of economic interests, and the disclosure categories under
which each such official and designated employee is required to file, are shown on Exhibit "A,"
attached hereto and made a part hereof.
Presented by Approved as to form by
City Clerk City
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia,
this 20~ day of February, 2001, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001- was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20t~ day of February, 2001.
Executed this __ day of February, ¢001.
Susan Bigelow, City Clerk
February 9, 2001
MEMO TO: City Clerk ,,¢"~ ~'
FROM: Patty Wesp
SUBJECT: RATIFICATION OF APPOINTMENT - FEB 20, 2001
At the request of Mayor Horton, would you please calendar the following item under
Mayor's Report for the 2/20/2001 meeting:
Ratification of Appointment to the
Cultural Arts Commission
Robert McGlade
Thank You.
cc: Mayor Shirley Horton
Armando Buelna
Patricia Salvacion